RSU #35 Board Policies

These are the official Board Policies.

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MSAD 35: AFFIRMATIVE ACTION PLAN


MSAD 35 

AFFIRMATIVE ACTION PLAN

I. GENERAL POLICY STATEMENT

A. Statement of nondiscrimination

MSAD 35 does not discriminate on the basis of perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information in admission to, access to, treatment in or employment in its programs and activities.  The School Board has adopted a nondiscrimination policy (see Appendix A).

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

B. Compliance with anti-discrimination laws

MSAD 35 recognizes its obligation to comply with the provisions of the following:

Equal Employment Opportunity Act of 1972 (P.L. 92-261), amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000 (e) et seq.);

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.); 

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); 

Age Discrimination in Employment Act of 1967, (29 U.S.C. § 621 et seq.); 

Equal Pay Act of 1963 (29 U.S.C. § 206);

Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) (29 U.S.C. § 794 et seq.), as amended; 

Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) as amended; 

Genetic Information Nondiscrimination Act 2008 (42 U.S.C. § 2000ff et seq.); and

Maine Human Rights Act of 1972 as amended (5 M.R.S.A. § 4551 et seq.)

C. Contacts for inquiries or complaints

To make an inquiry or file a complaint concerning the above statement, an individual may contact one of the following:

Heidi Early-Hersey

Affirmative Action Officer

MSAD 35

180 Depot Road, Eliot, ME 03903

(207) 439-2438


Office for Civil Rights

U.S. Department of Education

8th Floor

5 Post Office Square

Boston, MA  02109-3921 

Telephone:  (617) 289-0111; TDD: (877) 521-2172


Maine Human Rights Commission

State House Station 51

Augusta, ME 04333 

Telephone:  (207) 624-6290

D. Complaint procedures

Employee and student complaint procedures are available which provide for the prompt and equitable resolution of complaints alleging discrimination and harassment based on perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information.  Copies of the complaint procedures will be made available on the school unit’s website and upon request at the Superintendent or Affirmative Action Officer’s office.

II. DISSEMINATION PROCEDURES:  NOTICE AND POSTING

A. General notice and posting  

Notice of the contents of the Affirmative Action Plan shall be provided to all employees and students at the beginning of each school year by means chosen by the Superintendent. 

Notice of MSAD 35’s compliance with anti-discrimination laws shall be:

1. Posted in a conspicuous and accessible place in all school buildings of the school unit;

2. Included on job postings, advertisements and application forms which are made available to applicants and on enrollment forms made available to students and their parents;

3. Distributed to all personnel responsible for recruiting and screening applicants, and selecting, hiring and promoting employees;

4. Published on the District Web Site.

B. Annual notice of employee harassment and sexual harassment policy/complaint procedure 

A copy of the Employee Harassment and Sexual Harassment Policy and Complaint Procedure in Appendix B shall be distributed annually to all school unit employees.

C. Posting on sexual harassment and employment discrimination

Workplace posters on sexual harassment and employment discrimination shall be posted in each school’s Main Office and Teacher Workrooms as well as the Superintendent’s Office.

D. Copies of Affirmative Action Plan available

A copy of this Affirmative Action Plan, including all appendices, shall be made available to any interested person upon request at the office of the Superintendent or Affirmative Action Officer.

III. TRAINING

A. Gender equity training

MSAD 35 is responsible for developing plans for in-service training programs on gender equity for teachers, administrators and the School Board.

B. Sexual harassment training

MSAD 35 shall conduct education and training programs on sexual harassment:  (1) for all new employees within one year of commencement of employment, and (2) for supervisory and managerial employees within one year of commencement of supervisory or managerial employment status.

IV. RESPONSIBILITY FOR IMPLEMENTATION

A. The Superintendent of Schools holds ultimate responsibility for the operation, oversight and success of MSAD 35’s Affirmative Action Plan and nondiscrimination policies. These responsibilities will be delegated in whole or in part to an Affirmative Action Officer who is appointed by and reports directly to the Superintendent.

B. The responsibilities of the Affirmative Action Officer include, but are not limited to, the following:

1. Managing the organization and implementation of the Affirmative Action Plan;

2. Disseminating the required notices, policies and information regarding federal and state anti-discrimination laws to employees, applicants, students and parents, and others, where applicable;

3. Maintaining records, reports and documents required to comply with federal and state recordkeeping requirements;

4. Coordinating MSAD 35’s efforts to comply with and carry out its responsibilities under all applicable federal and state anti-discrimination laws (including serving as the Title IX/ADA/Section 504/Age Discrimination Coordinator as required by those laws);

5. Conducting and/or coordinating the investigation of discrimination complaints based on race, age, color, ancestry or national origin, religion, sexual orientation, sex, genetic information, or physical or mental disability;

6. Reporting to the Superintendent when necessary any findings and recommendations for ensuring compliance with the Affirmative Action Plan;

7. Developing, coordinating and implementing plans for in-service gender equity training programs;

8. Developing, coordinating and implementing sexual harassment training programs for employees and supervisors.

C. Each person charged with recruiting, screening, selecting, hiring and/or promoting applicants or employees in MSAD 35 must adhere to the policy of nondiscrimination and equal employment opportunity established in the Affirmative Action Plan.

V. ASSESSMENT OF CURRENT WORKFORCE

MSAD 35 shall periodically assess the numbers of minorities, women and persons with disabilities in its workforce, and determine whether there are fewer employees from these groups than one would reasonably expect given availability in the job market where the school unit can reasonably expect to recruit new employees.

In conducting this analysis, the school unit shall consider relevant local workforce statistics, the school unit’s workforce profile, its job classifications, and recruiting practices.

VI. GOALS, PROCEDURES AND TIMETABLES

If an assessment determines that imbalances exist in MSAD 35’s workforce with respect to numbers of minorities, women and persons with disabilities, the school unit will develop realistic goals for necessary action and related procedures and timetables for correcting such imbalances.

The following goals, procedures and timetables have been adopted to increase the representation of minorities, women and disabled at all levels and in all segments of MSAD 35’s workforce where imbalances exist:

  1. Recruitment:  

It is the intent of MSAD 35 to ensure equal access to all employment opportunities.

Goal/Objective:  MSAD 35 will make continued efforts to recruit all segments of the population in the State of Maine, including women, minorities and the disabled.  Responsibility:  Affirmative Action Officer.   Timetable:  Ongoing.

     2. Job Descriptions:

It is the intent of MSAD 35 that job descriptions will accurately reflect the needed qualifications, training, experience and duties.

Goal/Objective: MSAD 35 will review and update job descriptions periodically and as vacancies occur.  Responsibility:  Human Resource Officer.  Timetable: Ongoing.

    3. Selection:

Hiring of personnel is done through established policies and procedures, with interviews being monitored by the Affirmative Action Officer for compliance with the Affirmative Action Plan.

Goal/Objective:  When vacancies arise in job classifications where women, minorities or the disabled are underrepresented, the Affirmative Action Officer will review interview questions prior to contacting candidates to ensure that the school unit presents an equal employment opportunity.  Responsibility:  Affirmative Action Officer.  Timetable:  Ongoing.

   4. Wage and Salary Standards:

Job classifications and wage and salary standards are based solely upon the knowledge, skills, and abilities required by the position. 

Goal/Objective:  Wages and salaries for particular positions or job categories will be discussed with the Affirmative Action Officer prior to implementation. Responsibility:  Superintendent.  Timetable:  Ongoing.

   5. Complaint Procedure:

Internal and external complaints of discrimination will be treated seriously and promptly by MSAD 35.

Goal/Objective:  All discrimination complaints shall be processed in accordance with established complaint procedures.    Responsibility:  Affirmative Action Officer.  Timetable:  Ongoing.

   6. Job Descriptions:

It is MSAD 35’s intent to provide reasonable accommodation to applicants and employees with disabilities consistent with the requirements of the Americans with Disabilities Act and the Maine Human Rights Act.  

Goal/Objective: Periodically review and assess hiring procedures and implementation of employee policies for compliance with the Americans with Disabilities Act and the Maine Human Rights Act.  Responsibility:  Affirmative Action Officer and Superintendent.  Timetable:  Ongoing.

VII. RECRUITING AND HIRING OF ADMINISTRATIVE STAFF PROCEDURE

The School Board has adopted a policy and procedure concerning the recruitment and hiring of administrative staff.  The procedures are based upon the “Model Administrative Hiring Procedure” published by the Maine Department of Education in its “Final Report of the Equity Board,” April 1991 (see Appendix E).

NOTE: INCLUDE THE FOLLOWING POLICIES/PROCEDURES IN APPENDICES

A – Nondiscrimination/Equal Opportunity and Affirmative Action 

B -  Harassment and Sexual Harassment of School Employees Policy/Employee and Third-Party Discrimination and Harassment Complaint Procedure

C -  Harassment and Sexual  Harassment of Students Policy/Student Discrimination and Harassment Complaint Procedure

D -  Hazing

E -  Recruiting and Hiring of Administrative Staff/Procedure



Cross Reference: AC- Nondiscrimination/Equal Opportunity and Affirmative Action

Revised: November 18, 2020 and November 30, 2022

MSAD 35: TRANSGENDER STUDENTS GUIDELINES 02/01/2023

Transgender and Gender Expansive Students Guidelines

Revised: February 1, 2023

Maine State law (5 MRSA section 4601) requires that schools support all students in their
preferred gender expression. While we will always seek to partner with parents and families in
the interest of students, we recognize that not all transgender and gender expansive students
experience the same level of safety in and out of school. As noted in the RSU 35 mission
statement, our schools will seek to create a safe, inclusive, differentiated learning environment
in which all students feel safe, heard and supported in the development of their whole selves-social,
emotional, physical and cognitive.

A. Purpose

The purposes of this policy are to: (1) foster a learning environment that is safe and free from
discrimination, harassment and bullying; and (2) assist in the educational and social integration
of transgender and gender expansive students in our schools. This policy is intended to be
interpreted in light of applicable federal and state laws/regulations, as well as other applicable
Board policies, procedures and school rules.

This policy is not intended to anticipate every possible situation that may occur, since the needs
of particular students and families differ depending on the student’s age and other factors. In
addition, the programs, facilities and resources of each school differ. Administrators and school
staff are expected to consider the needs of students on a case-by-case basis, and to utilize this
policy and other available resources as appropriate.

B. Definitions

The following definitions are not intended to provide rigid labels for students, but to assist in
discussing and addressing the needs of students. Except as specifically defined in Maine law,
the terminology in this area is constantly evolving, and preferences for particular terminology
vary widely. Administrators, school staff, volunteers, students and others who interact with
students are expected to be sensitive to the ways in which individual transgender and gender
expansive students may wish to be identified. However, for the sake of brevity, this policy
refers to “transgender students” and “gender expansive students.”

1. Sexual orientation – Sexual orientation is defined in the Maine Human Rights Act as
    an individual’s “actual or perceived heterosexuality, bisexuality, homosexuality or
    gender identity or expression.”

2. Gender identity – Gender identity is defined in the Maine Human Rights Act as “gender-related
    identity, appearance, mannerisms or other gender-related characteristics of an
    individual, regardless of the individual’s assigned sex at birth.”

3. Gender expression – The manner in which a person represents or expresses gender to
    others, often through behavior, clothing, hairstyles, activities, voice or mannerisms.

4. Gender expansive – An umbrella term used to describe a person who expands notions of
    gender expression and identity beyond perceived or expected societal gender norms.

5. Transgender – An adjective describing a person whose gender identity or expression is
    different from that traditionally associated with an assigned sex at birth.

6. Transition – The process by which a person goes from living and identifying as one
    gender to living and identifying as another gender. For most elementary and secondary
    students, this involves no or minimal medical interventions. Transgender students
    under the age of 18 are often in a process of social transition from one gender to another.

C. Addressing the Needs of Transgender and Gender Expansive Students

For the purposes of this policy, a student will be considered transgender or gender expansive if,
at school, they assert a gender identity or expression different from the gender assigned at
birth. This involves more than a casual declaration of gender identity or expression, but it does
not require a medical diagnosis.

If a student and/or their parent(s)/guardian(s) want the school to recognize the student’s
identity as transgender or gender expansive, the following procedure will be used.

1. A transgender or gender expansive student and/or their parent(s)/guardian(s) should
    contact the building administrator or the student’s guidance counselor. In the case of a
    student who has not yet enrolled in school, the appropriate building administrator
    should be contacted.

2. If requested by the student, or if deemed necessary by the administration to address
    school-related issues, a meeting will be scheduled to discuss the student’s particular
    circumstances and needs. In addition to the student, and depending on the particular
    needs of the student, other participants in the meeting may include the
    parent(s)/guardian(s), a building administrator, a guidance counselor or social worker,
    the school nurse, and/or other school staff. Outside providers and/or a support person
    for the student may also be included if appropriate.

    In the case of a student who has not yet informed their parent(s)/guardian(s), the
    administrator should first discuss parent/guardian involvement with the student to
    avoid inadvertently putting the student at risk by contacting their parent(s)/guardian(s).
    The student will be notified by the administrator prior to contacting their parent(s)/guardian(s).

3. If requested by the student, or deemed necessary by the administration to address
    school-related issues, a plan will be developed by the school in consultation with the
    student and other meeting participants. If the student has an IEP and/or a 504 Plan, the
    provisions of these plans should be taken into consideration in developing a plan for
    addressing transgender and gender expansive issues within the school program.

4. The school administration may request documentation from outside providers if
    deemed necessary to assist in developing a plan appropriate for the student.

5. Any plan developed must be reviewed and approved by the building administrator. If
    the parties involved in developing the plan cannot reach an agreement about the
    elements of the student’s plan, the Superintendent shall be consulted as appropriate.

D. Guidance on Specific Issues

    1. Privacy: All students have a right to privacy. This includes the right to keep private one’s
       transgender status or gender non-conforming presentation at school. In some cases, a
       student may want school staff and students to know that they are transgender or
       gender expansive, and in other cases the student may not want this information to be
       widely known. Accordingly:

        a. The student’s plan shall be kept confidential and shared only with individuals
            attending the plan development meeting, the Superintendent, others with a
            bona fide need to know, and, if necessary, the District’s legal counsel.

        b. As part of the development of the student’s plan, the discussion should include
            what information may be shared, to whom the information may be shared, and
            how the information should be shared.

        c. School staff should take care to follow the student’s plan and not to
            inadvertently disclose information that is intended to be kept private or that is
            protected from disclosure (such as confidential medical information, the
            student’s transgender status, their legal name, or sex assigned at birth).

         d. School staff should keep in mind that under FERPA, student records may only be
             accessed and disclosed to parents/guardians and to staff with a legitimate
             educational interest in the information. Disclosures to others should only be
             made with appropriate authorization from the administration and/or parents/guardians.

2. School Records: Schools are required to maintain a large number of records for
    students. If a student makes a legal change in their name and/or gender, appropriate
    documentation should be provided to the building administrator and records will be changed.

     A student who has not legally changed their name and/or gender may still request that
     the school unit utilize their preferred name and/or gender on school records, and this
     request will be honored to the extent that the school unit is not legally required to use a
     student’s legal name or gender on particular records. This information should be
     included in any plan developed for the student.

     If a student requests a change to their name and/or gender in school records without
     parental approval, the Superintendent should be consulted and the matter resolved on
     a case by case basis. Students should be informed that parents/guardians have a right
     to access all education records of their child and therefore the school cannot keep the
     change in name and/or gender a secret. This information should be discussed in the
     development of the student’s plan.

     In the event of a student transfer to a new school unit, the building administrator will
     identify a person who will inform the new school unit or out-of-district school program
     that the student’s records indicate a change in name preference, and what the student’s
     prior and current name preferences are.

3. Names/Pronouns: The student should be addressed by school staff, substitutes,
    volunteers and other students by the name and pronoun corresponding to their gender
     identity that is asserted at school.

4. Restrooms: The student is permitted to use the restrooms that most closely match their
    gender identity. If the student expresses a need for privacy, they will be provided with
    access to reasonable alternative facilities or accommodations such as a single-occupancy
    toilet facility or a staff facility. However, the student shall not be required to
    use a separate non-communal facility over their objection.

5. Locker Rooms: The student is permitted to use the locker room that most closely
    matches their gender identity. If the student expresses a need for privacy, they will be
    provided with access to reasonable alternative facilities or accommodations, such as
    using a separate stall, a staff facility, or an alternative schedule.

6. Other Gender-Segregated Facilities or Activities: As a general rule, in any other
    facilities or activities when students may be separated by gender, the student may
    participate in accordance with their gender identity. Participation in interscholastic
    athletic activities will be addressed in accordance with current Maine Principals
    Association guidelines and procedures.

7. Dress Code: The student is expected to comply with Board policies and school rules
   regardless of gender identity.

E. Safety and Support for Transgender and Gender Expansive Students

1. As part of the support plan development, the concerned parties should discuss safe
    zones (ex. main office, counselor’s office) the student may access at any time the
    student feels unsafe or uncomfortable. A support person (and possibly a back-up
    person) should also be identified for each student.

2. School staff are expected to comply with any plan developed for a transgender or
     gender expansive student.

3. School staff are expected to promptly notify the building administrator or other
    designated support person for the student if there are concerns about the plan, or
    about the student’s safety or welfare.

4. School staff should be sensitive to the fact that transgender and gender expansive
    students can be at higher risk for being bullied or harassed, and should immediately
    notify the appropriate administrator if they become aware of a problem.

F. Staff Training and Informational Materials

    1. The Superintendent and/or building administrators may institute in-service training
        and/or distribute educational materials about transgender and gender expansive issues
        to school staff as they deem appropriate.

5 M.R.S. §§ 4553(5-C), (9-C); 4592(9)

Cross Reference:

ACAA/ACAA-R Harassment and Sexual Harassment of Students
ACAB Harassment and Sexual Harassment of School Employees

Adopted: April 24, 2019

Revised: November 20, 2019 and February 1, 2023

Section A – Foundations and Basic Commitments

Section A – Foundations and Basic Commitments

AC - Nondiscrimination/Equal Opportunity and Affirmative Action

AC - Nondiscrimination/Equal Opportunity and Affirmative Action

The school unit does not discriminate on the basis of sex or other protected categories in its educational programs and activities, as required by federal and state laws/regulations.

Discrimination against and harassment of school employees because of perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability or genetic information are prohibited. 

Discrimination against and harassment of students because of perceived, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, or disability are prohibited.

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.

The Board directs the school administration to implement a continuing program designed to prevent discrimination against all applicants, employees, students and other individuals having access rights to school premises and activities.

The school unit has designated and authorized an Affirmative Action Officer/Title IX Coordinator who is responsible for ensuring compliance with all federal and state requirements relating to nondiscrimination, including sexual harassment. The Affirmative Action Officer/Title IX Coordinator is a person with direct access to the Superintendent.  

The school unit has implemented complaint procedures for resolving complaints of discrimination/harassment and sexual harassment under this policy.  The school unit provides required notices of these complaint procedures and how they can be accessed, as well as the school unit’s compliance with federal and state civil rights laws and regulations to all applicants for employment, employees, students, parents, and other interested parties.

Equal Employment Opportunity Act of 1972 (P.L. 92-261), amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000 (e) et seq.)

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.); 34 C.F.R. Part 106 (Title IX regulations)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d)

Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)

Equal Pay Act of 1963 (29 U.S.C. § 206)

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq.), as amended

Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), as amended

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)

Maine Human Rights Act (5 MRSA § 4551 et seq.), as amended

Cross Reference:

MSAD #35 Affirmative Action Plan

ACAA – Harassment and Sexual Harassment of Students

ACAA-R – Student Discrimination/Harassment and Title IX Sexual Harassment
Complaint Procedures

ACAB – Harassment and Sexual Harassment of School  Employees

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


Policy Adopted: January 20, 1993

Policy Revised: April 25, 2001, December 4, 2002, January 5, 2005, February 25, 2009, July 18, 2018, December 18, 2019, November 18, 2020, April 27, 2022, December 21, 2022

Section A – Foundations and Basic Commitments

AC-R - Grievance Procedure For Persons with Disabilities

AC-R - Grievance Procedure For Persons with Disabilities

The Board has adopted this grievance procedure to provide a local avenue for persons with disabilities to raise concerns about whether the school unit is fully meeting its obligations under state and federal laws to protect persons with disabilities.  This procedure is intended to meet the requirements of the federal Rehabilitation Act (34 CFR § 104.7(b)) and the federal Americans with Disabilities Act (28 CFR § 35.107(b)).

Questions about this grievance procedure should be directed to the ADA/504 compliance coordinator: 

Scott Reuning

MSAD #35

180 Depot Road,

Eliot, ME 03903

Phone:  207-439-2438 

Step One

A person with an identifiable disability, or someone acting on that person’s behalf, may file a written grievance regarding compliance with state or federal disabilities laws with the building principal where the grievance arose, or with the ADA/504 compliance coordinator. If filed with the ADA/504 compliance coordinator, that person shall forward it to the appropriate building principal. No grievance will be heard if it involves actions that occurred more than 60 days prior to the filing of the grievance.

The building principal, after consultation with the ADA/504 compliance coordinator, shall respond in writing to the grievance within 15 working days of its receipt. Extensions of 15 working days may be allowed if necessary to address fully the issues in the grievance. The principal’s written response shall be forwarded to the grievant and to the ADA/504 compliance coordinator.

Step Two

If dissatisfied with the response, the grievant may obtain a review by the Superintendent of the principal’s decision. 

The grievant must request that review within 15 working days of the decision by the principal. The Superintendent, after consultation with the ADA/504 compliance coordinator, shall respond in writing to the grievance within 15 working days.  Extensions of 15 working days may be allowed when necessary to address fully the issues in the grievance. The Superintendent’s written response shall be forwarded to the grievant and to the ADA/504 compliance coordinator.

Except for grievances regarding physical alterations to school buildings or grounds, the decision of the Superintendent shall be final. In the case of grievances regarding physical alterations to school buildings or grounds, a dissatisfied grievant may obtain a review by the School Board of the Superintendent’s decision.

The grievant must request that review within 15 working days of the decision by the Superintendent. The Board shall have a reasonable time to schedule a meeting on the grievance and to issue its decision.

Nothing in this grievance procedure in any way forecloses a person with a disability from seeking redress for their concerns at any time through other legal avenues, such as through the Office for Civil Rights, the Department of Justice, the Maine Human Rights Commission or the Maine Department of Education.

Questions about other legal avenues available for persons with disabilities to pursue compliance concerns under various disabilities laws should be directed to the ADA/504 compliance coordinator [name, address, phone number].

This notice is available in large print and on audio tape from the ADA/504 compliance coordinator:

Scott Reuning

MSAD #35

180 Depot Road,

Eliot, ME 03903

Phone:  207-439-2438



Cross Reference: AC – Nondiscrimination, Equal Opportunity and Affirmative Action

         MSAD #35/RSU #35 School Department Affirmative Action Plan


Adopted: July 18, 2018

Reviewed: March 18, 2020

Policy Revised: May 12, 2021

Section A – Foundations and Basic Commitments

ACAA - Harassment and Sexual Harassment of Students

ACAA - Harassment and Sexual Harassment of Students

Harassment of students because of race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, or disability is prohibited.  Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws.  

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.

School employees, fellow students, volunteers, visitors to the schools, and other persons with whom students may interact in order to pursue or engage in education programs and activities, are required to refrain from such conduct.

Harassment and sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge.  Harassment and sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion.  The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.

A.   Harassment

Harassment includes, but is not limited to, verbal abuse and other offensive conduct based on race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, or disability.  Harassment that rises to the level of physical assault, battery and/or abuse, and/or bullying behavior are also addressed in Board Policies JICIA – Weapons, Violence and School Safety and JICK – Bullying.

B.    Sexual Harassment

Sexual harassment is addressed under federal and state laws/regulations.  The scope and definitions of sexual harassment under these laws differ, as described below. 

1. Title IX Sexual Harassment

Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

a. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a better grade or a college recommendation) on an individual’s participation in unwelcome sexual conduct;

b. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

c. Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

2. Sexual Harassment Under Maine Law

Under Maine law, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following situations:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits;

b. Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or

c. Such conduct has the purpose and effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile or offensive environment.

C. Reports and Complaints of Harassment or Sexual Harassment 

All school employees are required to report possible incidents of harassment or sexual harassment involving students to the Affirmative Action Officer/Title IX Coordinator.  Failure to report such incidents may result in disciplinary action.

Students, parents/legal guardians and other individuals are strongly encouraged to report possible incidents of harassment or sexual harassment involving students to the Affirmative Action Officer/Title IX Coordinator.  The Affirmative Action Officer/Title IX Coordinator is also available to answer questions and provide assistance to any individual who is unsure whether harassment or sexual harassment has occurred. 

All reports and complaints of harassment or sexual harassment against students shall be addressed through the Student Discrimination/Harassment and Title IX Sexual Harassment Procedures (ACAA-R).

 

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq., as amended; 34 C.F.R. § 104.7)

Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.); 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C. §12291(a)(3) – definition of stalking; 34 U.S.C. §12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)

Maine Human Rights Act, 5 MRSA § 4551 et seq. 20-A MRSA § 6553

MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, ch. 4

 

Cross Reference: ACAA-R – Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD – Hazing

GBEB – Staff Conduct with Students

JFCK – Student Use of Cellular Telephones and Other Electronic Devices

JICIA – Weapons, Violence and School Safety

JICK - Bullying

Transgender Students Guidelines

 

Policy Adopted: January 5, 2005

Policy Revised: March 4, 2009, March 1, 2017, July 18, 2018, December 18, 2019, December 2, 2020, December 21, 2022

Section A – Foundations and Basic Commitments

ACAA-R - Student Discrimination/Harassment and Title IX Sexual Harassment
Complaint Procedures

ACAA-R - Student Discrimination/Harassment and Title IX Sexual Harassment
Complaint Procedures

The Board has adopted these student procedures in order to provide prompt and equitable resolution of reports and complaints of unlawful discrimination and harassment of students, including sexual harassment, as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students. 

Complaints alleging unlawful harassment or discrimination against employees based on a protected category should be addressed through the Board’s Employee & Third Party Unlawful Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures (ACAB-R).

Any individual who is unsure about whether unlawful discrimination or harassment has occurred and/or or which complaint procedure applies is encouraged to contact the Affirmative Action Officer/Title IX Coordinator.

Heidi Early

Affirmative Action Officer/Title IX Coordinator

MSAD #35

180 Depot Road, Eliot, ME 03903

207-439-2438

heidi.early@rsu35.org

Section 1.    Definitions

For purposes of these complaint procedures, the following definitions will be used.  The Affirmative Action Officer/Title IX Coordinator shall assess all reports and complaints to ensure that they are addressed under the appropriate policy and complaint procedure.

 A. Discrimination/Harassment Complaint Procedure Definitions

  1. “Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for students, includes race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin or disability.
  2. “Discrimination”: Treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected category. 
  3. “Harassment”:  Oral, written, graphic, electronic or physical conduct relating to an individual’s actual or perceived membership in a protected category that is sufficiently severe, pervasive or persistent so as to interfere with or limit that individual’s ability to participate in the school unit’s programs or activities by creating a hostile, intimidating or offensive environment. 
  4. “Sexual harassment”: Under Maine law, this means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following situations:  

    a. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits;

    b. Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or

    c. Such conduct has the purpose and effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile or offensive environment.

  5. “Sexual orientation”: Under Maine law, this means a person’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.” 
  6. “Gender identity”: Under Maine law, this means “the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.” 
  7. “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin or disability (and not otherwise addressed in the Title IX regulations and Section 3 of ACAA-R).
  8. Complaints of bullying not involving the protected categories or definitions described above may be addressed under Board Policy JICK – Bullying and Cyberbullying of Students.

B. Title IX Sexual Harassment Complaint Procedure Definitions

  1. “Sexual Harassment”: Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

    a. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a better grade or a college recommendation) on an individual’s participation in unwelcome sexual conduct;

    b. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

    c. Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

  2. “Report”: Under the Title IX regulations, any individual may make a report of sexual harassment involving a student, whether the individual is the alleged victim or not.  School employees are required to report possible incidents of sexual harassment involving a student.  A report must be made to the Affirmative Action Officer/Title IX Coordinator.  A report triggers certain actions by the AAO/Title IX Coordinator for the alleged victim of sexual harassment, but an investigation is not conducted unless a “Formal Complaint” is filed.
  3. “Formal Complaint”: Under the Title IX regulations, the alleged victim of sexual harassment can file a written complaint that triggers the complaint procedure in Section 3 of ACAA-R.  Only a student and/or their parent/legal guardian (and in certain circumstances, the AAO/Title IX Coordinator) may file a formal complaint.
  4. “Student”: For the purposes of this procedure, a student is an individual who is enrolled or participating in the school unit’s education programs and activities, or is attempting to enroll or participate.

Section 2.    Discrimination/Harassment Complaint Procedure

This procedure should be used for any complaint of unlawful harassment or discrimination complaint based on a protected category which does not involve Title IX sexual harassment (which is addressed in Section 3). 

A. How to Make A Complaint 

1. School employees are required to promptly make a report to the AAO/Title IX Coordinator if they have reason to believe that a student has been discriminated against or harassed.

2. Students (and others) who believe that they, or another student has been harassed or discriminated against should report their concern promptly to the AAO/Title IX Coordinator. 

3. The individual making the report must provide basic information in writing concerning the allegation of harassment or discrimination (i.e., date, time, location, individual(s) who allegedly engaged in harassment or discrimination, description of allegation) to the AAO/Title IX Coordinator. 

4. If an individual is unsure as to whether unlawful discrimination or harassment has occurred, or who need assistance in preparing a written complaint, they are encouraged to discuss the matter with the AAO/Title IX Coordinator. 

5. Individuals will not be retaliated against for reporting suspected discrimination or harassment, or for participating in an investigation.  Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary action, up to and including discharge for employees, and expulsion for students.

6. Individuals are encouraged to utilize the school unit’s complaint procedure. However, individuals are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA  02109-3921 (telephone: 617-289-0111).

B. Complaint Handling and Investigation

1. The AAO/Title IX Coordinator will promptly inform the Superintendent and the person who is the subject of the complaint (respondent) that a complaint has been received.

2. The AAO/Title IX Coordinator may pursue an informal resolution of the complaint with the agreement of the parties involved.  Any party to the complaint may decide to end the informal resolution process and pursue the formal process at any point.  Any informal resolution is subject to the approval of the parties and the Superintendent, who shall consider whether the resolution is in the best interest of the school unit and the parties in light of the particular circumstances and applicable policies and laws.

3. The AAO/Title IX Coordinator may implement supportive measures to a student to reduce the risk of further discrimination or harassment to a student while an investigation is pending.  Examples of supportive measures include, but are not limited to, ordering no contact between the individuals involved or changing classes.

4. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the AAO/Title IX Coordinator.  Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

5. The investigator shall consult with the AAO/Title IX Coordinator as agreed during the investigation process. 

6. The respondent will be provided with an opportunity to be heard as part of the investigation. The complainant shall not be required to attend meetings with the respondent, but may choose to do so as part of an informal resolution process.

7. The complainant and the respondent may suggest witnesses to be interviewed and/or submit materials they believe are relevant to the complaint.

8. If the complaint is against an employee of the school unit, any rights conferred under an applicable collective bargaining agreement shall be applied.

9. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

10.  The investigation shall be completed within 40 business days of receiving the complaint, if practicable.  Reasonable extensions of time for good reason shall be allowed. 

11.  The investigator shall provide a written report and findings to the AAO/Title IX Coordinator.

C. Findings and Subsequent Actions 

1. The AAO/Title IX Coordinator shall consult with the Superintendent concerning the investigation and findings.

2. If there is a finding that discrimination or harassment occurred, the AAO/Title IX Coordinator, in consultation with the Superintendent shall:

 a. Determine what remedial action, if any, is required to end the discrimination or harassment, remedy its effect and prevent recurrence; and

 b. Determine what disciplinary action should be taken against the individual(s) who engaged in discrimination or harassment, if any.

 3. Inform the complainant and the respondent in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

D. Appeals

1. After the conclusion of the investigation, the complainant or respondent may seek an appeal of the findings solely on the basis of either: (a) prejudicial procedural error or (b) the discovery of previously unavailable relevant evidence that could significantly impact the outcome.

2. Appeals must be submitted in writing to the Superintendent within five business days after receiving notice of the resolution. 

3. Upon receipt of a valid appeal, the Superintendent shall provide notice to the other party, along with an opportunity to provide a written statement within five business days.

4. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate.

5. The Superintendent’s decision on the appeal shall be provided to the parties within 10 business days, if practicable.  The Superintendent’s decision shall be final.

E. Records

The AAO/Title IX Coordinator shall keep a written record of the complaint process.

Section 3.    Title IX Sexual Harassment Complaint Procedure

 This section should be used only for complaints of Title IX sexual harassment as defined in Section 1.B.1. 

A. How to Make A Report

1. School employees who have reason to believe that a student has been subjected to sexual harassment are required to promptly make a report to the AAO/Title IX Coordinator.

2. Students, parents/legal guardians or other individuals who believe a student has been sexually harassed are encouraged to make a report to the AAO/Title IX Coordinator.

3. If the individual making the report is the alleged victim, or if the alleged victim is identified by the individual making the report, the AAO/Title IX Coordinator will meet with the alleged victim to discuss supportive measures that may be appropriate in the particular circumstances and explain the process for filing a formal complaint.

a. Supportive measures are individualized measures designed to ensure the student can continue to access educational programs and activities (such as requiring no contact between individuals or changing classes). 

b. Supportive measures may be continued even if the alleged victim chooses not to file a formal complaint, if appropriate under the particular circumstances.

4. The school unit cannot provide an informal resolution process for resolving a report unless a formal complaint is filed.

5. Individuals will not be retaliated against for reporting sexual harassment, or for participating in an investigation.  Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary actions, up to and including discharge for employees, or expulsion for students.

6. Any student (or their parent/legal guardian) who believes they have been the victim of sexual harassment is encouraged to utilize the school unit’s complaint procedure. However, students (and their parents/legal guardians) are hereby notified that they also have the right to report sexual harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA  02109-3921 (telephone: 617-289-0111).

7. The Superintendent shall be informed of all reports and formal complaints of sexual harassment.

B. How to Make A Formal Complaint

1. An alleged student victim and/or their parent/legal guardian may file a formal written complaint requesting investigation of alleged Title IX sexual harassment.  The written complaint must include basic information concerning the allegation of sexual harassment (i.e., date, time, location, individual(s) who allegedly engaged in sexual harassment, description of allegation).

Students who need assistance in preparing a formal written complaint, are encouraged to consult with the AAO/Title IX Coordinator.

2. In certain circumstances, the AAO/Title IX Coordinator may file a formal complaint even when the alleged victim chooses not to.  Examples include if the respondent (person alleged to have engaged in sexual harassment) has been found responsible for previous sexual harassment or there is a safety threat within the school unit).  In such cases, the alleged victim is not a party to the case, but will receive notices as required by the Title IX regulations at specific points in the complaint process.

3. In accordance with the Title IX regulations, the AAO/Title IX Coordinator must dismiss a formal complaint under this Title IX procedure if: a) the conduct alleged in the formal complaint does not constitute sexual harassment under the Title IX regulations and this policy; or b) if the conduct alleged did not occur within the scope of the school unit’s education programs and activities, or c) did not occur in the United States. 

 4. In accordance with the Title IX regulations, the AAO/Title IX Coordinator may dismiss a formal complaint under this Title IX procedure if: a) a complainant withdraws the formal complaint, or withdraws particular allegations within the complaint; b) the respondent is no longer employed by or enrolled in the school unit; or c) there are specific circumstances that prevent the school unit from gathering evidence sufficient to reach a determination regarding the formal complaint.  However, if the conduct potentially violates other policies or laws, it may be addressed through the applicable Board policy/procedure. 

5. If a formal complaint is dismissed under this Title IX procedure, the AAO/Title IX Coordinator will promptly and simultaneously send written notices to the parties explaining the reasons.  Parties have the opportunity to appeal dismissals in accordance with subsection I below.

6.  If the conduct alleged in a formal complaint potentially violates other laws, Board policies and/or professional expectations, the school unit may address the conduct under Section 2 or another applicable Board policy/procedure.

C. Emergency Removal or Administrative Leave

1. The Superintendent may remove a student respondent from education programs and activities on an emergency basis during the complaint procedure:

a. If there is a determination (following an individualized safety and risk analysis) that there is an immediate threat to the physical health or safety of an individual arising from the allegations of sexual harassment.  Examples of such circumstances might include, but are not limited to, a continued threat of violence against a complainant by a respondent, or a respondent’s threat of self-harm due to the allegations.

 b. The respondent (and their parent/legal guardian) will be provided notice of the emergency removal, and will be provided an opportunity to challenge the decision following the removal (this is an opportunity to be heard, not a hearing).  The respondent has the burden to demonstrate why the emergency removal was unreasonable.

2. The Superintendent may place an employee respondent on administrative leave during the complaint procedure in accordance with any applicable State laws, school policies and collective bargaining agreement provisions.

3. Any decision to remove a respondent from education programs and activities on an emergency basis or place an employee on administrative leave shall be made in compliance with any applicable disability laws, including the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. 

D. Notice to Parties of Formal Complaint

1. The Title IX Coordinator will provide to the parties written notice of the formal complaint and allegations of sexual harassment potentially constituting prohibited conduct under the Title IX regulations and this procedure.  The notice shall include:

●  Notice regarding the complaint procedure and the availability of an informal resolution process;

●  Sufficient details known at the time (including identities of parties, if known; the conduct alleged; and the date and location of the alleged incident, if known), with sufficient time to prepare before any initial interview (not less than five business days);

●  As required by the Title IX regulations, a statement that the respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the complaint); and that the parties may inspect and review evidence;

●  Notice that the parties may each have an advisor of their choice (who may be an attorney), and that the parties may inspect and review evidence;

●  Notice that knowingly making false statements or submitting false information during the complaint process is prohibited and may result in disciplinary action;

●  Notice of the name of the investigator, with sufficient time (no less than three business days) to raise concerns of conflict of interest or bias.

2. If additional allegations become known at a later time, notice of the additional allegations will be provided to the parties.

3. The AAO/Title IX Coordinator will discuss supportive measures with each party and implement such measures as appropriate.

E. Informal Resolution Process

After a formal complaint has been filed, and if the AAO/Title IX Coordinator believes the circumstances are appropriate, the AAO/Title IX Coordinator may offer the parties the opportunity to participate in an informal resolution process to resolve the complaint without completing the investigation and determination process.  Informal resolutions cannot be used to resolve a formal complaint where a student is the complainant and the respondent is an employee.

Informal resolutions can take many forms, depending on the particular case.  Examples include, but are not limited to, facilitated discussions between the parties; restorative justice; acknowledgment of responsibility by a respondent; apologies; disciplinary actions against a respondent or a requirement to engage in specific services; or supportive measures. Both parties must voluntarily agree in writing to participate in an informal resolution process, and either party can withdraw from the process at any time. The Superintendent must agree to the terms of any informal resolution reached between the parties.  If an informal resolution agreement is reached, it must be signed by both parties and the school unit.  Any such signed agreement is final and binding according to its terms. 

If an informal resolution process does not resolve the formal complaint, nothing from the informal resolution process may be considered as evidence in the subsequent investigation or determination.

F. Investigation

1. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and AAO/Title IX Coordinator.  Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

2.   The investigator shall consult with the AAO/Title IX Coordinator as agreed  during the investigation process.

3. If the complaint is against an employee of the school unit, rights conferred under an applicable collective bargaining agreement shall be applied, to the extent they do not conflict with the Title IX regulatory requirements.

4. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

5. The investigator will:

a. Meet with each party after they have received appropriate notice of any meeting and its purpose, with sufficient time to prepare.

b. Allow parties to have their advisor at all meetings related to the complaint, although advisors may not speak on behalf of a party or interfere with the process.

c. Allow parties a reasonable opportunity to identify witnesses and submit favorable and unfavorable evidence.

d. Interview witnesses and conduct such other activities that will assist in ascertaining facts (site visits, review of documents, etc.).

e. Consider evidence that is relevant and directly related to the allegations in the formal complaint.

f. During the course of the investigation, provide both parties with an equal opportunity to inspect and review any evidence that is obtained in the investigation that is directly related to the allegations in the formal complaint (including evidence which the school unit does not intend to rely upon in reaching a determination of responsibility), and favorable and unfavorable evidence.

g. Prior to completion of the investigation report, provide each party and advisor (if any) the evidence subject to inspection and review, and provide the parties with ten business days to submit a written response.

h. Consider the parties’ written responses to the evidence prior to completing the investigation report.

i. Create an investigative report that fairly summarizes relevant evidence and send the report to the parties and advisors (if any), for their review and written responses within ten business days of receipt. 

j. After receipt of the parties’ written responses (if any), forward the investigation report and party responses to the assigned decision maker.

6. The investigation shall be concluded within 40 business days if practicable.  Reasonable extension of time for good reason shall be allowed.

G. Determination of Responsibility

1. The decision maker shall provide the parties with the opportunity to submit written, relevant questions that the party wants asked of another party or witness within five business days of when the decision maker received the investigation report and party responses. 

a. The decision maker shall explain to a party proposing questions if the decision maker excludes a question as not relevant.

2. Each party shall be provided the opportunity to review the responses of another party and/or witness, and to ask limited written follow-up questions within five business days of receiving the answers.

3. Each party will receive a copy of the responses to any follow-up questions.

4. The decision maker shall review the investigation report, the parties’ responses and other relevant materials, applying the preponderance of the evidence standard (“more likely than not”).

5. The decision maker shall issue a written determination, which shall include the following:

a. Identification of all the allegations potentially constituting sexual harassment as defined in the Title IX regulations and this policy;

b. A description of the procedural steps taken from receipt of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and meetings held;

c. A determination regarding responsibility as to each allegation and findings of fact supporting the determinations;

d. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the school unit imposes on the respondent, and whether remedies designed  to restore or preserve equal access to the school unit’s programs and activities will be provided to the complainant;

e. The school unit’s appeal procedure and permissible bases for the parties to appeal the determination.

6. The written determination shall be provided to the parties simultaneously.  The determination concerning responsibility becomes final either on the date that the school unit provides the parties with the written determination of the results of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

H. Remedies, Discipline and Other Actions 

2. Remedies

Remedies are measures used to ensure that the complainant has equal access to the school unit’s education programs and activities following the decision maker’s determination.  Such remedies may include supportive measures, and may include other appropriate measures, depending upon the determination and the needs of the complainant.  The Title IX Coordinator is responsible for implementing remedies and providing any needed assistance to the Complainant.

2. Discipline and Other Actions - Students 

The following are of the types of discipline and other actions that may be imposed on a student when there is a determination that they are responsible for one or more violations involving sexual harassment:

●  In or out of school suspension.

●  Expulsion.

●  Restorative justice.

●  Requirement to engage in education or counseling program.

 3. Discipline and Other Actions – Employees

 The following are examples of the types of disciplinary actions that may be imposed on an employee when there is a determination that they are responsible for one or more violations involving sexual harassment: 

●  Written warning.

●  Probation.

●  Demotion.

●  Suspension without pay.

●  Discharge.

The following are examples of other types of actions that may be imposed on an employee when there is a determination of responsibility:

●  Performance improvement plan.

●  Counseling.

●  Training.

●  Loss of leadership/stipend position. 

I. Appeals

The parties have the opportunity to appeal a determination regarding responsibility, and from dismissals of formal complaints.  Under the Title IX regulations, appeals are allowed on the following grounds:

1. A procedural irregularity that affected the outcome of the matter;

2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal of the formal complaint was made, that could affect the outcome of the matter; or

3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent that affected the outcome of the matter.

An appeal must be filed in writing within five business days of receiving the determination, stating the grounds for the appeal and including any relevant documentation in support of the appeal.  Appeals submitted after this deadline are not timely and shall not be considered.

1. Appeals must be filed with the Superintendent, who will consider the appeal.

2. The Superintendent shall notify the other party in writing of the appeal and will allow both parties to submit a written statement in support of or challenging the determination of the decision maker.

3. The Superintendent shall conduct an impartial review of the appeal, including consideration of the written record of the matter, and may consult with legal counsel or other school unit officials in making their decision.

4. The Superintendent shall issue a written decision describing the result of the appeal and the rationale for the result, and provide the written decision simultaneously to the parties.  The decision will either deny the appeal; grant the appeal and remand to the decision maker for further consideration; or grant the appeal by revising the disciplinary or other action(s).

 J. Records

Records in connection with sexual harassment reports and the complaint process shall be maintained for a minimum of seven years.


Legal Reference:   

Americans with Disabilities Act (42 U.S.C. §12101 et seq., as amended; 28 C.F.R. § 35.107)

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq., as amended; 34 C.F.R. § 104.7)

Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.); 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C. §12291(a)(3) – definition of stalking; 34 U.S.C. §12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)

Maine Human Rights Act, 5 MRSA § 4551 et seq. 20-A MRSA § 6553

MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, ch. 4

 

Cross Reference:

ACAA – Harassment and Sexual Harassment of Students

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

AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD – Hazing

GBEB – Staff Conduct with Students

JFCK – Student Use of Cellular Telephones and Other Electronic Devices

JICIA – Weapons, Violence and School Safety

JICK - Bullying

 

Policy Adopted: January 5, 2005 

Policy Revised: March 4, 2009, July 18, 2018, December 18, 2019, December 2, 2020

Policy Reviewed:  November 30, 2022

Section A – Foundations and Basic Commitments

ACAB - Harassment and Sexual Harassment of School Employees

ACAB - Harassment and Sexual Harassment of School Employees

Harassment of school employees because of race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, genetic information or disability is prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws.  

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.

Any employee who engages in harassment or sexual harassment shall be subject to disciplinary action, up to and including discharge.

A. Harassment

Harassment includes, but is not limited to, verbal abuse, threats, physical assault and/or battery based on race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, genetic information or disability.  Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal.

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.

B. Sexual Harassment

Sexual harassment is addressed under federal and state laws and regulations.  The scope and definitions of sexual harassment under these laws differ, as described below.  

1. Title IX Sexual Harassment

Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

a. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a promotion or favorable evaluation) on an individual’s participation in unwelcome sexual conduct;

b. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

c. Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

2. Sexual Harassment Under Title VII and Maine Law

Under another federal law, Title VII, and under Maine law/regulations, sexual harassment is defined differently.  Maine Human Rights Commission regulations define sexual harassment as conduct on the basis of sex which satisfies one or more of the following:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

C. Reports and Complaints of Harassment or Sexual Harassment

Any employee who believes they have been harassed or sexually harassed is encouraged to make a report to the Affirmative Action Officer/Title IX Coordinator.  The Affirmative Action Officer/Title IX Coordinator is also available to answer questions and provide assistance to any individual who is unsure whether harassment or sexual harassment has occurred.

All reports and complaints regarding harassment or sexual harassment of employees shall be addressed through the Employee & Third-Party Unlawful Discrimination / Harassment and Title IX Sexual Harassment Complaint Procedures (ACAB-R).

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.); 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C. §12291(a)(3) – definition of stalking; 34 U.S.C. §12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) 

Americans with Disabilities Act (42 U.S.C § 12101 et seq.), as amended

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29   U.S.C. § 794 et seq.), as amended

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et. seq.;   29 C.F.R. § 1604.11)

Age Discrimination in Employment Act (29 U.S.C. § 623 et seq.)

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)

5 MRSA § 4551 et seq.

MHRC Rule Chapter 94-348, ch. 3

26 MRSA §§ 806-807

Cross Reference:

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

AC - Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD - Hazing

GBEBA - Staff Conduct, Ethics and Attire

JICK - Bullying

Transgender Students Guidelines


Policy Adopted: March 7, 2001

Policy Revised: January 5, 2005, March 4, 2009, March 1, 2017, July 18, 2018, December 18, 2019, November 18, 2020, April 27, 2022, December 21, 2022

Section A – Foundations and Basic Commitments

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

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


The Board has adopted these employee procedures in order to provide prompt and equitable resolution of employee complaints of discrimination and harassment, including sexual harassment, as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAB – Harassment and Sexual Harassment of School Employees.

The complaint procedure in Section 2 may also be used, to the extent applicable, by visitors, including parents, volunteers and others having lawful access to the schools who wish to make a complaint of discrimination or harassment.  

Complaints alleging harassment or discrimination against students based on a protected category should be addressed through the Board’s Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures (ACAA-R).

Any individual who is unsure about whether discrimination or harassment has occurred and/or or which complaint procedure applies is encouraged to contact the Affirmative Action Officer/Title IX Coordinator.

Heidi Early-Hersey

Affirmative Action Officer/Title IX Coordinator

MSAD #35 - Central Office

180 Depot Road, Eliot, ME 03903

207-439-2438

heidi.early@ru35.org

Section 1. Definitions

For purposes of these complaint procedures, the following definitions will be used.  The Affirmative Action Officer/Title IX Coordinator shall assess all reports and complaints to ensure that they are addressed under the appropriate policy and complaint procedure.

A. Discrimination/Harassment Complaint Procedure Definitions

“Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for employees, includes race, color, sex, sexual orientation, gender identity, age, familial status, religion, ancestry, national origin, genetic information or disability.

“Discrimination”: Treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected category. 

“Harassment”:  Oral, written, graphic, electronic or physical conduct relating to an individual’s actual or perceived membership in a protected category that is sufficiently severe, pervasive or persistent so as to interfere with or limit that individual’s ability to participate in the school unit’s programs or activities by creating a hostile, intimidating or offensive environment. 

Under Title VII and under Maine law/regulations, sexual harassment is defined differently than under Title IX.  Maine Human Rights Commission regulations define sexual harassment as conduct on the basis of sex that satisfies one or more of the following:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

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

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

“Complaint” is defined as an allegation that an employee or other third party has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, gender identity, age, religion, ancestry, national origin, genetic information or disability (and in regard to sex, conduct not otherwise addressed in the Title IX regulations and Section 3 of ACAB-R). 

“Employee”: Whenever the term “employee” is used in Section 2, it includes visitors or others who have a lawful basis to make a complaint of discrimination or harassment.  

“Familial status”: Under Maine law, this means a family unit that:

a. Contains one or more individuals who have not attained 18 years of age and are living with a parent or another person having legal custody of the individual(s) or the designee of the parent or other person having custody with the written consent permission of the parent or other person; or  

b. Contains one or more individuals 18 years of age or older who lack the ability to meet essential requirements for physical health, safety, or self-care because the individual(s) are unable to receive and evaluate information or make or communicate decisions. 

B. Title IX Sexual Harassment Complaint Procedure Definitions

1. “Title IX sexual harassment”: Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

a. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a promotion or favorable evaluation) on an individual’s participation in unwelcome sexual conduct;

b. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

c. Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

2. “Report”: Under the Title IX regulations, any individual may make a report of sexual harassment involving an employee, whether the individual is the alleged victim or not.  A report must be made to the Affirmative Action Officer/Title IX Coordinator.  A report triggers certain actions by the AAO/Title IX Coordinator for the alleged victim of sexual harassment, but an investigation is not conducted unless a “Formal Complaint” is filed.

3. “Formal Complaint”: Under Title IX, the alleged victim of sexual harassment can file a written complaint that triggers the complaint procedure in Section 3 of ACAB-R.  Only a school employee (and in certain circumstances, the AAO/Title IX Coordinator) may file a formal complaint.

4. “Employee”: For the purpose of this procedure, “employee” means an applicant for employment or a current employee of the school unit.

Section 2. Discrimination/Harassment Complaint Procedure

This procedure should be used for any complaint of unlawful harassment or discrimination based on a protected category which does not involve Title IX sexual harassment.  

A. How to Make A Complaint

  1. An employee who believes they have been unlawfully harassed or discriminated against (as such terms are defined in Section 1.A.1-3) is encouraged to try to resolve the problem by informing the individual(s) that the behavior is unwelcome or offensive, and requesting that the behavior stop. This shall not prevent the employee from making an immediate complaint to the AAO/Title IX Coordinator.
  2. Any employee who believes they have been harassed or discriminated against should report their concern promptly to the AAO/Title IX Coordinator.  A written complaint must include basic information concerning the allegation of harassment or discrimination (i.e., date, time, location, individual(s) who alleged engaged in harassment or discrimination, description of allegation).
  3. Employees who are unsure as to whether unlawful discrimination or harassment has occurred, or who need assistance in preparing a written complaint, are encouraged to discuss the matter with the AAO/Title IX Coordinator.
  4. Employees will not be retaliated against for reporting suspected discrimination or harassment, or for participating in an investigation.  Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary measures, up to and including discharge. 
  5. Any employee who believes they have been discriminated against or harassed is encouraged to utilize the school unit’s complaint procedure. However, employees are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA  02109-3921 (telephone: 617-289-0111).

B. Complaint Handling and Investigation

  1. The AAO/Title IX Coordinator will promptly inform the Superintendent and the person who is the subject of the complaint (respondent) that a complaint has been received.
  2. The AAO/Title IX Coordinator may pursue an informal resolution of the complaint with the agreement of the parties involved.  Any party to the complaint may decide to end the informal resolution process and pursue the formal process at any point.  Any informal resolution is subject to the approval of the parties and the Superintendent, who shall consider whether the resolution is in the best interest of the school unit and the parties in light of the particular circumstances and applicable policies and laws.
  3. The AAO/Title IX Coordinator may implement supportive measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk of further discrimination or harassment while an investigation is pending.  Examples of supportive measures include, but are not limited to, ordering no contact between the individuals involved; changing a work location or changing a work schedule.
  4. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the AAO/Title IX Coordinator.  Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.
  5. The investigator shall consult with the AAO/Title IX Coordinator as agreed during the investigation process.
  6. The respondent will be provided with an opportunity to be heard as part of the investigation. The complainant shall not be required to attend meetings with the respondent, but may choose to do so as part of an informal resolution process.
  7. The complainant and the respondent may suggest witnesses and/or submit materials they believe are relevant to the complaint.
  8. If the complaint is against an employee of the school unit, any rights conferred under an applicable collective bargaining agreement shall be applied. 
  9. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.
  10. The investigation shall be completed within 40 business days of receiving the complaint, if practicable.  Reasonable extensions of time for good reason shall be allowed. 
  11. The investigator shall provide a written report and findings to the AAO/Title IX Coordinator.

C. Findings and Subsequent Actions

1. The AAO/Title IX Coordinator shall consult with the Superintendent concerning the investigation and findings.

2. If there is a finding that discrimination or harassment occurred, the AAO/Title IX Coordinator, in consultation with the Superintendent:

a. Shall determine what remedial action, if any, is required to end the discrimination or harassment, remedy its effect and prevent recurrence; and

b. Determine what disciplinary action should be taken against the individual(s) who engaged in discrimination or harassment, if any.

3. Inform the complainant and the respondent in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

D. Appeals

  1. After the conclusion of the investigation, the complainant or respondent may seek an appeal of the findings solely on the basis of either: (a) prejudicial procedural error or (b) the discovery of previously unavailable relevant evidence that could significantly impact the outcome.
  2. Appeals must be submitted in writing to the Superintendent within five business days after receiving notice of the resolution.  
  3. Upon receipt of a valid appeal, the Superintendent shall provide notice to the other party, along with an opportunity to provide a written statement within five business days.
  4. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate. 
  5. The Superintendent’s decision on the appeal shall be provided to the parties within 10 business days, if practicable.  The Superintendent’s decision shall be final. 

E. Records

The AAO/Title IX Coordinator shall keep a written record of the complaint process. 

Section 3. Title IX Sexual Harassment Complaint Procedure

This section should be used only for complaints of Title IX sexual harassment as defined in Section 1.B.1.    

A. How to Make A Report 

1. Any individual who believes an employee has been sexually harassed (as this term is defined in Section 1.B.1) may make a report to the AAO/Title IX Coordinator.

2. If the individual making the report is the alleged victim, or if the alleged victim is identified by the individual making the report, the AAO/Title IX Coordinator will meet with the alleged victim to discuss supportive measures that may be appropriate in the particular circumstances and explain the process for filing a formal complaint.

a. Supportive measures are individualized measures designed to ensure the employee can continue to access and perform their work (such as requiring no contact between individuals, temporarily moving work locations or changing schedules, etc.). 

b. Supportive measures may be continued even if the alleged victim chooses not to file a formal complaint, if appropriate under the particular circumstances.

3. The school unit cannot provide an informal resolution process for resolving a report until a formal complaint is filed.

4. Employees will not be retaliated against for reporting sexual harassment, or for participating in an investigation.  Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary actions, up to and including discharge. 

5. Any employee who believes they have been the victim of sexual harassment is encouraged to utilize the school unit’s complaint procedures. However, employees are hereby notified that they also have the right to report sexual harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA  02109-3921 (telephone: 617-289-0111).

6. The Superintendent shall be informed of all reports and formal complaints of sexual harassment.

B. How to Make A Formal Complaint

  1. An alleged victim may file a formal written complaint requesting investigation of alleged Title IX sexual harassment.  The written complaint must include basic information concerning the allegation of sexual harassment (i.e., date, time, location, individual(s) who alleged engaged in sexual harassment, description of allegation). Employees who need assistance in preparing a formal written complaint, are encouraged to consult with the AAO/Title IX Coordinator. 
  2. In certain circumstances, the AAO/Title IX Coordinator may file a formal complaint even when the alleged victim chooses not to.  Examples include if the respondent (person alleged to have engaged in sexual harassment) has been found responsible for previous sexual harassment or there is a safety threat within the school unit).  In such cases, the alleged victim is not a party to the case, but will receive notices as required by the Title IX regulations at specific points in the complaint process. 
  3. In accordance with the Title IX regulations, the AAO/Title IX Coordinator must dismiss a formal complaint under this Title IX procedure if: a) the conduct alleged in the formal complaint does not constitute sexual harassment under the Title IX regulations and this policy; b) if the conduct alleged did not occur within the scope of the school unit’s education programs and activities, or c) did not occur in the United States.
  4. In accordance with the Title IX regulations, the AAO/Title IX Coordinator may dismiss a formal complaint under this Title IX procedure if: a) a complainant withdraws the formal complaint, or withdraws particular allegations within the complaint; b) the respondent is no longer employed by the school unit; or c) there are specific circumstances that prevent the school unit from gathering evidence sufficient to reach a determination regarding the formal complaint.
  5. If a formal complaint is dismissed under this Title IX procedure, the AAO/Title IX Coordinator will promptly and simultaneously send written notices to the parties explaining the reasons.  Parties have the opportunity to appeal dismissals in accordance with subsection I below.
  6. If the conduct alleged potentially violates other laws, Board policies and/or professional expectations, the school unit may address the conduct under Section 2 or another applicable policy/procedure.

C. Administrative Leave

  1. The Superintendent may place an employee respondent on administrative leave during the complaint procedure in accordance with any applicable State laws, school policies and collective bargaining agreement provisions.
  2. Any decision to place an employee respondent on administrative leave shall be made in compliance with any applicable disability laws, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

D. Notice to Parties of Formal Complaint

1. The Title IX Coordinator will provide to the parties written notice of the formal complaint and allegations of sexual harassment potentially constituting prohibited conduct under the Title IX regulations and this procedure.  The notice will include:

2. If additional allegations become known at a later time, notice of the additional allegations with be provided to the parties.

3. The AAO/Title IX Coordinator will discuss supportive measures with each party and implement such measures as appropriate.

E. Informal Resolution Process

After a formal complaint has been filed, and if the AAO/Title IX Coordinator believes the circumstances are appropriate, the AAO/Title IX Coordinator may offer the parties the opportunity to participate in an informal resolution process to resolve the complaint without completing the investigation and determination process.  Informal resolutions cannot be used to resolve a formal complaint where a student is the complainant and the respondent is an employee.

Informal resolutions can take many forms, depending on the particular case.  Examples include, but are not limited to, facilitated discussions between the parties; restorative justice; acknowledgment of responsibility by a respondent; apologies; disciplinary actions against a respondent or a requirement to engage in specific services; or supportive measures. Both parties must voluntarily agree in writing to participate in an informal resolution process, and either party can withdraw from the process at any time. The Superintendent must agree to the terms of any informal resolution reached between the parties.  If an informal resolution agreement is reached, it must be signed by both parties and the school unit.  Any such signed agreement is final and binding according to its terms.  

If an informal resolution process does not resolve the formal complaint, nothing from the informal resolution process may be considered as evidence in the subsequent investigation or determination.

F. Investigation

1. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and AAO/Title IX Coordinator.  Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

2. The investigator shall consult with the AAO/Title IX Coordinator as agreed during the investigation process.

3. If the complaint is against an employee of the school unit, rights conferred under an applicable collective bargaining agreement shall be applied, to the extent they do not conflict with the Title IX regulatory requirements. 

4. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

5. The investigator will:

a. Meet with each party after they have received appropriate notice of any meeting and its purpose, with sufficient time to prepare.

b. Allow parties to have their advisor at all meetings related to the complaint, although advisors may not speak on behalf of a party or interfere with the process.

c. Allow parties a reasonable opportunity to identify witnesses and submit favorable and unfavorable evidence.

d. Interview witnesses and conduct such other activities that will assist in ascertaining facts (site visits, review of documents, etc.).

e. Consider evidence that is relevant and directly related to the allegations in the formal complaint.

f. During the course of the investigation, provide both parties with an equal opportunity to inspect and review any evidence that is obtained in the investigation that is directly related to the allegations in the formal complaint (including evidence which the school unit does not intend to rely upon in reaching a determination of responsibility), and favorable and unfavorable evidence. 

g. Prior to completion of the investigation report, provide each party and advisor (if any) the evidence subject to inspection and review, and provide the parties with ten business days to submit a written response.

h. Consider the parties’ written responses to the evidence prior to completing the investigation report. 

i. Create an investigative report that fairly summarizes relevant evidence and send the report to the parties and advisors (if any), for their review and written responses within ten business days of receipt.  

j. After receipt of the parties’ written responses (if any), forward the investigation report and party responses to the assigned decision maker.

6. The investigation shall be concluded within 40 business days if practicable.  Reasonable extension of time for good reason shall be allowed.

G. Determination of Responsibility

1. The decision maker shall provide the parties with the opportunity to submit written, relevant questions that the party wants asked of another party or witness within five business days of when the decision maker received the investigation report and party responses.  

a. The decision maker shall explain to a party proposing questions if the decision maker excludes a question as not relevant.

2. Each party shall be provided the opportunity to review the responses of another party and/or witness, and to ask limited written follow-up questions within five business days of receiving the answers.

3. Each party will receive a copy of the responses to any follow-up questions.

4. The decision maker shall review the investigation report, the parties’ responses and other relevant materials, applying the preponderance of the evidence standard (“more likely than not”). 

5. The decision maker shall issue a written determination, which shall include the following: 

a. Identification of all the allegations potentially constituting sexual harassment as defined in the Title IX regulations and this policy;

b. A description of the procedural steps taken from receipt of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and meetings held;

c. A determination regarding responsibility as to each allegation and findings of fact supporting the determinations;

d. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the school unit imposes on the respondent, and whether remedies designed  to restore or preserve equal access to the school unit’s programs and activities will be provided to the complainant;

e. The school unit’s appeal procedure and permissible bases for the parties to appeal the determination.

6. The written determination shall be provided to the parties simultaneously. The determination concerning responsibility becomes final either on the date that the school unit provides the parties with the written determination of the results of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

H. Remedies, Discipline and Other Actions

1. Remedies

Remedies are measures used to ensure that the complainant has equal access to the school unit’s education programs and activities following the decision maker’s determination. Such remedies may include supportive measures, and may include other appropriate measures, depending upon the determination and the needs of the complainant. The Title IX Coordinator is responsible for implementing remedies and providing any needed assistance to the Complainant.

2. Discipline and Other Actions

The following are examples of the types of disciplinary actions that may be imposed on an employee when there is a determination that they are responsible for one or more violations involving sexual harassment:

The following are examples of other types of actions that may be imposed on an employee when there is a determination of responsibility:

I. Appeals

The parties have the opportunity to appeal a determination regarding responsibility, and from dismissals of formal complaints. Under the Title IX regulations, appeals are allowed on the following grounds:

  1. A procedural irregularity that affected the outcome of the matter;
  2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal of the formal complaint was made, that could affect the outcome of the matter; or 
  3. The Title IX Coordinator, investigator, or decision maker had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent that affected the outcome of the matter.

An appeal must be filed in writing within five business days of receiving the determination, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline are not timely and shall not be considered.

  1. Appeals must be filed with the Superintendent, who will consider the appeal. 
  2. The Superintendent shall conduct an impartial review of the appeal, including consideration of the written record of the matter, and may consult with legal counsel or other school unit officials in making their decision.
  3. The Superintendent shall issue a written decision describing the result of the appeal and rationale for the result, and provide the written decision simultaneously to the parties. The decision will either deny the appeal; grant the appeal and remand to the decision maker for further consideration; or grant the appeal by revising the disciplinary action(s).

J. Records

Records in connection with sexual harassment reports and the complaint process shall be maintained for a minimum of seven years.


Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et  seq.); 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C. §12291(a)(3) – definition of stalking; 34 U.S.C. §12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) 

Americans with Disabilities Act (42 U.S.C § 12101 et seq.), as amended

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29   U.S.C. § 794 et seq.), as amended

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et. seq.;   29 C.F.R. § 1604.11)

Age Discrimination in Employment Act (29 U.S.C. § 623 et seq.)

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)

Cross Reference:

AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAB – Harassment and Sexual Harassment of School Employees

JICK - Bullying

Policy Adopted: March 7, 2001

Policy Revised: January 5, 2005, March 4, 2009, July 18, 2018, December 18, 2019, November 18, 2020 and April 27, 2022

Policy Reviewed:  November 30, 2022

Section A – Foundations and Basic Commitments

ACAC - Service Animals in Schools

ACAC - Service Animals in Schools

The Board recognizes that service animals may be used to provide assistance to some persons with disabilities.  This policy governs the presence of service animals in the schools, on school property, including school buses, and at school activities.

 

DEFINITION  


As applied to schools, federal and Maine laws define a “service animal” as a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.  Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition. 

 

The work or tasks performed by a service animal must be directly related to the individual’s disability.  Examples of such work or tasks include, but are not limited to, assisting an individual who is totally or partially blind with navigation and other tasks, alerting an individual who is deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting an individual to the presence of allergens, retrieving items such as medicine or a telephone, providing physical support and assistance with balance and stability to an individual with a mobility disability and helping a person with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors. 

 

The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. 

 

USE OF SERVICE ANIMALS IN SCHOOLS

 

Use of a service animal by a qualified student with a disability will be allowed in school when it is determined that the student’s disability requires such use in order to have equal access to the instructional program, school services and/or school activities.

 

Use of a service animal by a qualified employee with a disability will be allowed when such use is necessary to enable the employee to perform the essential functions of his/her job or to enjoy benefits of employment comparable to those of similarly situated non-disabled employees.
 

The parent/guardian of a student who believes the student needs to bring a service animal to school, or an employee who wishes to bring a service animal to school, must submit a written request to the building principal.  The building principal, in consultation with the Section 504 Coordinator or Director of Special Services, as appropriate, and the Superintendent will determine whether or not to permit the service animal in school.

 

Parents or animal handlers who will be present in school for the purpose of assisting a student with his/her service animal will be required to submit to a sex offender registry and criminal background check.  In addition, parents and handlers must comply with all standards of conduct that apply to school employees and volunteers.

 

The school unit may impose additional conditions on the presence of a service animal, depending upon the circumstances.

 

The building principal may remove or exclude a service animal from the school or school property if the presence of the animal poses a direct threat to the health and safety of others or the student, employee or handler is unable to fully control the animal; or the animal fails to consistently perform the function(s)/service(s) for which it has been trained and brought to school.

 

A parent or employee whose service animal has been removed or excluded may appeal the decision to the Superintendent.  If dissatisfied with the Superintendent’s decision, the parent or employee may appeal to the Board.

 

SERVICE ANIMALS AT SCHOOL-SPONSORED EVENTS

 

Individuals with disabilities may be accompanied by their service animals to events or activities open to the public that are held in schools or on school property.  The use of a service animal may not be conditioned on the payment of a fee or security deposit, but the individual is liable for any damage done to the premises or facilities by such an animal.

 

The building principal may revoke or exclude the service animal only if the animal poses a direct threat to the health and safety of others, the use of the animal would result in substantial physical damage to the property of others, or would substantially interfere with the reasonable enjoyment of the event or activity by others.

 

42 USC § 12101 et seq.

 36 CFR § 104, 302

5 MRSA §§ 4553, 4592

Me. Human Rights Commission Rule Chapter 7
 

Cross References:  

AC - Nondiscrimination, Equal Opportunity, and Affirmative Action

KFC - Public Conduct on School Property

 

Policy Adopted:    September 7, 2005

Policy Reviewed:  February 10, 2014

Policy Revised:  December 7, 2005 and April 27, 2022

Section A – Foundations and Basic Commitments

ACAD - Hazing

ACAD - Hazing

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 a public school.

Injurious hazing also includes any activity expected of a student as a condition of joining or maintaining membership in a group that humiliates, degrades, abuses or endangers a student, regardless of the student’s willingness to participate in the activity. 

Injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with this school unit, are inconsistent with the educational process and shall be prohibited at all times.

“Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member. 

“Acts of intimidation” include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and property damage or theft.

No administrator, faculty member, or other employee of the school unit shall encourage, permit, condone, or tolerate injurious hazing activities.  No student, including leaders of any student organizations or school-sponsored teams, shall plan, encourage, or engage in injurious hazing activities. 

Students who violate this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures.  Administrators, professional staff, and all other employees who violate this policy may be subject to disciplinary action up to and including dismissal.

In the case of an organization affiliated with this school unit that authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with the school unit.

Persons not associated with this school unit who fail to abide by this policy may be subject to ejection from school property and/or other measures as may be available under the law.                                                                                       

These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject. 

The Superintendent/designee shall be responsible for administering this policy.  In the event that an individual or organization disagrees with an action—or lack of action—on the part of the Superintendent/designee as he/she carries out the provisions of this policy, that individual or organization may appeal to the Board.  The ruling of the Board with respect to the provisions of this policy shall be final.

This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements.

A copy of this policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students. 

 

 

Cross Reference: ACAA - Harassment and Sexual Harassment of Students

                              ACAB - Harassment and Sexual Harassment of Employees

                              ACAE - Weapons, Violence and School Safety

 

Policy Adopted: November 1, 1989 

Policy Revised: October 1, 1997, March 7, 2001, November 20, 2002, April 15, 2009, October 16, 2019   

Section A – Foundations and Basic Commitments

AD - Educational Philosophy/Mission

AD - Educational Philosophy/Mission

The mission of Marshwood School District is to provide a place where students, parents, staff and community members work together to foster a life-long passion for learning and engage all students in developing the skills and knowledge they need to be successful; live healthy lives; and become ethical, kind, compassionate, responsible citizens who thrive in an ever-changing world.

Our school community strives to:

● Advance sustainability practices and programs in district operations and

infrastructure, and encourage environmental stewardship.

● Empower students to become strong, independent, growth-minded, critical thinkers who

have the courage to act on their own beliefs.

● Create a districtwide culture of kindness in which students develop compassion for others

and a commitment to practicing good citizenship.

● Create a safe, inclusive, differentiated learning environment in which all students feel

safe, heard, and supported in the development of their whole selves - social, emotional,

physical and cognitive.

● Ensure all students are challenged, motivated and inspired by innovative learning

opportunities that meet or exceed standards.

As advocates for children, the Board recognizes that the thorough and efficient education of children is its primary statutory-based responsibility.  To this end, the Board considers proper and adequate support of schools to be a civic responsibility shared by all citizens.

The school unit will provide an educational environment designed to encourage each student to acquire the necessary skills and perspectives needed for a meaningful life and career.  All schools will strive to encourage students to form desirable habits that are necessary for them to become responsible, informed citizens.  In general, we aim to have students develop attitudes and practices necessary for satisfying, worthwhile lives.

We believe that all children must be provided equitable opportunities to allow them to achieve at levels commensurate with their abilities.  We believe that all students must learn in an environment that allows them to develop positive attitudes toward themselves and genuine respect for others.

The school unit will provide a rigorous core curriculum designed to achieve specific learning outcomes will be provided. The curriculum will be planned with the goal of creating and maintaining standards which will furnish students with the skills necessary for success in a global society while giving them a broad educational foundation compatible with their interests, aptitudes, and aspirations.  The curriculum and graduation requirements will be regularly evaluated to ensure their continued appropriateness.

In order to achieve our goals and to implement this philosophy, we believe that all schools must secure the involvement of the community, students, staff, parents, and citizens.  Educational responsibility must be shared with important community institutions.  We strongly believe that our school system’s success depends on good rapport and cooperation with our communities and its institutions.

The Board recognizes the professional staff as the body that is legally charged with the responsibility of providing education to all children.  In fulfilling this responsibility, the staff will seek to ensure the following.

A.  All children will master basic skills in the areas of language arts, mathematics, science, history, and technology.

B.  Instruction will be provided which is appropriate to each individual with respect to goals, methodology and evaluation. 

C.  Students will be seen in their totality as physical, mental, social, and aesthetic beings, which requires knowledge of child growth and development.

D.  Staff members, in order to effectively execute their responsibilities, will establish goals for themselves consistent with the philosophy of the Board and individual schools.  Staff members will engage in a self-evaluation process for the purpose of self-improvement--the ultimate objective being an improved instructional program for all students.

E.  The Board recognizes that this highly technological society demands that students learn how to cope with change and learn to accept that "learning" is a continuous process.

The Board fully accepts the responsibility of formulating policies and acquiring adequate funding to support the education process. The Board will always consider the welfare of students as the single most important factor in making decisions relative to educational policy.  It will be the responsibility of the Board and administrators to promote sound educational practices and professional development. 



Policy Adopted: March 1, 2017

Cross References: JICK - Bullying

Policy Revised: November 17, 2021

Section A – Foundations and Basic Commitments

ADAA - School System Commitment to Standards for Ethical and 
Responsible Behavior for Students

ADAA - School System Commitment to Standards for Ethical and
Responsible Behavior for Students

The School Board believes that promoting ethical and responsible behavior for students is an essential part of the school unit’s educational mission. The Board recognizes that ethics, constructive attitudes, responsible behavior, and “character” are important if a student is to leave school as a “responsible and involved citizen,” as described in the Guiding Principles of the Maine Learning Results. The Board also recognizes that Maine law requires the adoption of a district-wide student code of conduct consistent with statewide standards for student behavior developed by the Commissioner of the Department of Education in compliance with 20-A MRSA § 254(11).

The Board seeks to create and maintain a school climate in which ethical and responsible behavior can flourish. The Board believes that instilling a sense of ethics and responsibility in students requires setting positive expectations for student behavior as well as establishing disciplinary consequences for behavior that violates Board policy or school rules. Further, the Board believes that in order to teach ethical and responsible behavior, adults who interact with students must strive to model and reinforce ethical and responsible behavior. To that end, the Board supports an active partnership between schools and parents.

Recognizing that collaboratively identified core values are the foundation for a school culture that encourages and reinforces ethical and responsible student behavior, the Board is committed to the establishment and implementation of a process for identifying shared values and setting and enforcing standards for behavior, including procedures for the management of student behavior.  The process for identifying such shared values will invite and include the participation of Board members, school administrators, staff, parents, students, and the community.  Core values will be reviewed periodically, with opportunity for public participation.  The Board will direct the Superintendent/designee to develop a process to assess school system progress toward achievement of an ethical and responsible school culture. 

Following the identification of core values, the Board, with input from administrators, staff, parents, students, and members of the community, will adopt a Student Code of Conduct consistent with statewide standards for student behavior that shall, as required by law:

  1. Define unacceptable student behavior;

  2. Establish standards of student responsibility for behavior;

  3. Establish guidelines for addressing violations of the Student Code of Conduct, including first-time violations, when appropriate;

  4. Describe appropriate procedures for referring students in need of special services to those services;

  5. Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on the removal of the student from class;

  6. Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and

  7. Establish guidelines and criteria concerning the appropriate circumstances when the Superintendent/designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property.

  8. Establish policies and procedures to address bullying, harassment, and sexual harassment.

The Student Code of Conduct will be reviewed periodically by the School Board, with input from administrators, staff, parents, students, and members of the community.  Students, parents, staff, and the community will be informed of the Student Code of Conduct through handbooks and/or other means selected by the Superintendent/designee. 

When revising the Student Code of Conduct, the Board shall consider (evaluate and revise, as deemed necessary or desirable) relevant existing district-wide school disciplinary policies and/or consider adoption of new policies that:

  1. Focus on positive interventions and expectations, and avoid focusing exclusively on unacceptable behavior;

  2. Focus on positive and restorative interventions that are consistent with evidence-based practices rather than set punishments for specific behaviors, and avoid “zero tolerance” practices unless specifically required by federal or state laws, rules, or regulations;

  3. Allow administrators to use their discretion to fashion appropriate discipline that examines the circumstances pertinent to the case at hand; and

  4. Provide written notice to the parents of a student when a student is suspended from school, regardless of whether the suspension is an in-school or out-of-school suspension.

“Positive interventions” and “restorative interventions” shall have the same meaning as provided in 20-A MRSA § 1001(15).

Ethics and Curriculum

The Board encourages integration, examination, and discussion of ethical issues within content areas of the curriculum, as appropriate. The Board also encourages school administrators and staff to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities such as problem-solving, service learning, peer mediation and student government/leadership development.


20-A MRSA §§ 254, 1001(15), 1001(15-A)

Cross Reference: 

JIC – District-Wide Student Code of Conduct

JICK - Bullying

JKD - Suspension of Students

 

 

Policy Adopted: June 10, 2009

Policy Revised:  February 28, 2024

Section A – Foundations and Basic Commitments

ADC - Tobacco-Free Schools: Use and Possession of Tobacco and Electronic Smoking Devices

ADC - Tobacco-Free Schools: Use and Possession of Tobacco and Electronic Smoking Devices

The Board recognizes that research shows that tobacco continues to be the leading cause of preventable disease and death in Maine and the United States, for both users and those exposed to second-hand smoke. The Board is also aware that a growing body of evidence suggests that the chemicals present in the aerosols (“vapor”) produced by electronic smoking devices, may pose significant long-term risks to health, as well the risk of addiction to nicotine.

The Board is committed to providing a safe and healthy environment for students, staff, and visitors to the schools, including members of the community who use school facilities for recreational and other purposes. 

To that end, and in compliance with applicable state and federal laws, all persons are prohibited from smoking and tobacco use in school buildings, on any school grounds (including parking lots), on school buses, in school-owned or leased vehicles, in privately owned vehicles at all school sponsored events “at all times”.

“At all times” means 24 hours per day, 365 days a year, including all days when school is not in session and at all functions taking place on school grounds, including organized non-school-sponsored activities and events and casual recreational uses. 

DEFINITIONS: 

For the purpose of this policy:

“Tobacco use” means smoking or the carrying or possession a tobacco product (22 MRSA §1578-B (1)(D). 

“Smoking” includes carrying or having in one’s possession a lighted or heated cigarette, cigar or pipe or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or any form. “Smoking” includes the use of an electronic smoking device (22 MRSA § 1541(6)).

“Tobacco product” means any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved inhaled or ingested by any other means, including but not limited to, a cigarette, cigar, hookah, pipe tobacco, chewing tobacco, snuff or snus. “Tobacco product” also means an electronic smoking device and any component or accessory used in the consumption of a tobacco product such as filters, rolling papers, pipes and liquids used in electronic smoking devices whether or not they contain nicotine (22 MRSA § 1551(3)).

All persons are prohibited from selling, distributing, or dispensing tobacco products to students in school buildings, on school grounds or at school-sponsored events at all times. 

CONSEQUENCES FOR VIOLATION

STUDENTS: 

The Superintendent/designee(s) shall be responsible for developing age-appropriate disciplinary guidelines for students violating this policy and for employing strategies, as practicable, to address prevention, education, and information about community programs for cessation assistance.

The Superintendent or his/her designee reserves the right to refer students to a law enforcement agency, on a case-by-case basis, as he/she may deem necessary.  However, the Superintendent/designee shall refer to a law enforcement agency any student reasonably suspected of selling, dispensing or distributing tobacco products or vaping devices/products. 

Parents/guardians will be notified of all violations involving their student and action taken by the school.

STAFF:

School unit employees who violate this policy will be subject to appropriate disciplinary measures up to and including dismissal.

Any school unit employee suspected of selling, distributing or in any way dispensing tobacco products or vaping devices/products to students shall be referred to a law enforcement agency.

OTHER PERSONS IN VIOLATION:

All other persons violating this policy, including parents, vendors/contractors, spectators at school events and other visitors shall be asked to refrain from use and reminded of the Board’s policy.  Persons who do not comply will be asked to leave school grounds. Failure to leave school grounds will be treated as trespassing and law enforcement personnel may be contacted. 

Persons suspected of selling, distributing or in any way dispensing tobacco products or vaping devices/products to students shall be referred to an appropriate law enforcement agency.

RESPONSIBILITY FOR ENFORCEMENT

The building principal/designee will be responsible for enforcing this policy at the school level.

NOTICE

Notice of this policy and disciplinary consequences for violations will be posted on the school unit’s website and included in the student code of conduct and/or student handbooks and in annual employee communications.

Parents/guardians will have access to the Board’s policy via the district website.

“Tobacco-free campus” signage will be posted in highly visible areas at entrances and on school grounds, including entrances to athletic facilities.                                                                                                   

EDUCATION

Age-appropriate tobacco/”vaping” prevention and awareness instruction will be incorporated into the school unit’s health curriculum, in alignment with Maine’s system of Learning Results and in support of the school unit’s wellness policy goals, to educate students about the dangers of tobacco and vapor products and to encourage a tobacco and “vape-free” lifestyle.

As feasible, information regarding treatment and cessation resources will be made available to students and school unit employees who want to quit.

ADVERTISING OF TOBACCO PRODUCTS

Advertising of tobacco products is prohibited in school buildings, on school property, and in school publications.

 


Me. PL Ch. 61 (2019) (An Act to Prohibit the Possession and Use of Electronic Smoking Devices on School Grounds)

20 USC 6081-6084 (Pro-Children Act of 1994)

 

Cross Reference: JICA – Student Dress

JICDA – District-wide Student Code of Conduct

JICIA - Weapons, Violence and School Safety

JL – Student Wellness                    

KF – Community Use of School Facilities

KHB – Advertising in the Schools

  

Policy Adopted: June 10, 2009

Policy Reviewed: April 13, 2016

Policy Revised:       February 12, 2020, May 12, 2021

Section A – Foundations and Basic Commitments

ADF - School District Commitment to Learning Results

ADF - School District Commitment to Learning Results

M.S.A.D. #35 hereby adopts Maine’s system of Learning Results.  The Learning Results system is intended to serve as a foundation for education reform and to promote and provide an assessment of student learning, accountability, and equity.  The Board recognizes that the legislative intent of the Learning Results system is to provide children with schools that reflect high expectations and create conditions where these expectations can be met. 

The Board understands that implementation of the Learning Results system and the mandate to provide all students with equitable opportunities to meet the content standards of the system of Learning Results have broad implications for the school unit, including curriculum, budget, professional development, student assessment, professional evaluation, and graduation requirements.  Therefore, the Board is committed to examining its policies and school system practices to ensure that they are consistent with the intent and goals of the Learning Results system.  This will require a concerted and coordinated effort involving the Board, the Superintendent, administrators, teachers, parents, students, and the community.

 

Legal Reference: 20-A MRSA §§ 1001(6), 6208-6209

L.D. 1536, Chapter 51 Resolves

Ch. 127 § 3 (Me. Dept. of Ed. Rule)

Cross Reference: IK - Evaluation of Student Achievement

IGA - Curriculum Development and Adoption

 

Policy Adopted: September 3, 2003

Policy Revised: March 18, 2009

Policy Reviewed: September 01, 2021

Section B – Governance – Board BYLAWS

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE I - Name and Charter

Board of Directors - BYLAWS - MSAD #35/RSU35

STATEMENT OF PURPOSE

As a school district board of directors, we endeavor to hire and support the Superintendent, develop and adopt policies, and approve the allocation of a fiscally -responsible budget in order to forward the mission of the school district.

ARTICLE I - Name and Charter               

Sec. 1  Name 

The name of the group is to be School Administrative District No.35, (MSAD 35/RSU 35) Board of Directors (The Board).

The municipalities of Eliot and South Berwick are constituted to be and have been since May 11, 1964, a School Administrative District, known as School Administrative District No. 35, with all of the powers, privileges and franchises granted to School Administration Districts according to the Revised Statutes of 1964, Title 20, and Sections 211 to 307.  The proceedings taken in the town meetings held in the municipalities of Eliot and So. Berwick, wherein it was voted to join in the formation of a School Administrative District, are validated and made effective.   

Sec. 2   Mission

The mission of Marshwood School District is to provide a place where students, parents, staff and community members work together to foster a life-long passion for learning and engage all students in developing the skills and knowledge they need to be successful; live healthy lives; and become ethical, kind, compassionate, responsible citizens who thrive in an ever-changing world.

Our school community strives to:

● Create a safe, inclusive, differentiated learning environment in which all students feel

safe, heard, and supported in the development of their whole selves - social, emotional,

physical and cognitive.

● Ensure all students are challenged, motivated and inspired by innovative learning

opportunities that meet or exceed standards.

● Advance sustainability practices and programs in district operations and

infrastructure, and encourage environmental stewardship.

● Empower students to become strong, independent, growth-minded, critical thinkers who

have the courage to act on their own beliefs.

● Create a districtwide culture of kindness in which students develop compassion for others

and a commitment to practicing good citizenship.

 

Article I Revised: October 20, 2021

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE II  -  School Board of Directors

ARTICLE II  -  School Board of Directors

Sec. 1 - Board of Directors               

A. Members: The Board shall consist of three elected members from Eliot and three elected members from South Berwick.

B. Election: For the purpose of nominations, School Directors shall be considered municipal officers and shall be nominated in accordance with Title 30-A Chapter 121 or with a municipal charter, whichever is applicable.  (MRSA Title 20-A §1253 p.25.)

C. Term of Office: Each member will be elected for a three-year term.

D. Oath of Office: Each newly elected Board member shall take an oath of office or an alternative affirmation before beginning any MSAD 35/RSU 35 duties.

E. Qualifications: Board members shall be registered voters and reside in the town where they were elected. 

F. Vacancy: When a vacancy occurs before a term is completed, due to resignation, moving from town elected in, death, or removal from office due to conviction of a felony, a new member shall be appointed by the municipal officers of that town to serve until the next regular scheduled municipal election.  At that time a member will be elected to fulfill the term of the vacancy. (MRSA 20-A §1254). 

G. Any two students from Marshwood High School, one junior and one senior, will be recognized by the School Board as non-voting representatives to the School Board and will be invited to participate on selected standing committees, as appointed by the School Board.

Sec. 2 - Powers and Duties of School Board Directors

The School Board shall have general charge of all the public schools of this unit and shall exercise such other responsibilities as specifically provided by law (1001 et. seq.).

The Board is to concern itself primarily with broad questions of policy rather than with administrative details.  The application of policies is an administrative task to be performed by the Superintendent and his/her staff, who are to be held responsible for the effective administration and supervision of the entire school system.  The Board, functioning within the framework of laws,

A. Shall elect and discharge the Superintendent, whose term shall be determined by the Board.  (MRSA T20-A §1051, 1052).

B. The Board or Superintendent shall annually choose an auditor who will conduct an annual audit.

C. Shall base decisions on MSAD 35/RSU 35 Adopted Policies.

D. Shall consider for approval all nominations submitted by the Superintendent.

E. Shall approve and enact policy for the management of the District.

F. Shall be responsible for the preparation of the budget.  (MRSA T 20-A §1302)

G. Shall provide for the planning, expansion, improvement, financing, construction, and maintenance of the physical plant of the school system. 

H. Shall prescribe the standards needed for the efficient operation and improvement of the school system. 

I. Shall require the establishment and maintenance of records, accounts, archives, management methods and procedures incidental to the conduct of school business.

J. Shall approve the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the Administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business.  

K. Shall issue orders to the assessors of the member municipalities requiring them to assess taxes for the operation, support, maintenance, improvement and extension of the school system.

L. Shall adopt courses of study.

M. Shall provide staff and instructional materials and equipment.

N. Shall evaluate the educational program to determine the effectiveness with which the schools are achieving the educational purposes of the school system.

O. Shall provide for the dissemination of information relating to the school that is necessary for creating a well-informed public.

P. Members of the Board have authority only when acting as a board legally in session.  The Board shall not be bound in any way by any action or statement on the part of any individual board member except when such a statement or action is authorized by specific instructions of the Board (20-A MRSA § 1001).

Sec. 3 - Board Member Code of Ethics

School Board members will uphold the highest standards of personal ethics and integrity when dealing with all matters related to the governance of the district.  These standards will include the following:

A. Board action will be confined to policymaking, planning, appraisal, and other duties as defined by law.

B. Board members will recognize that their responsibility is not to operate the schools but to see that they are well operated.

C. Board members will think of children first and seek to provide education for all children in the community commensurate with their needs and abilities.

D. Board members will refrain from disparaging remarks, in or out of Board meetings, about other members of the Board or their opinions.

E. The confidential business of the Board will not be discussed outside the confines of the Board Executive Session.

F. Board members will not criticize District employees publicly; instead, such concerns should be directed to the Superintendent for investigation and action, if necessary.

G. Board decisions will be supported graciously once made by a majority of the Board.

H. Board members will listen to and respect the opinions of citizens. All complaints will be referred to the proper authorities.

I. Board members will remember at all times that as an individual they have no legal authority outside the meetings of the Board and that they will conduct their relationship with the school staff, the local citizenry, and all media on the basis of this fact.

J. Board members will make decisions openly after all facts bearing on a question have been presented and discussed.

K. Board members will refuse to make promises as to how they will vote on a matter that should properly come before the Board as a whole.

L. Board members will welcome and encourage cooperation and participation by teachers, administrators, and other personnel in developing policies that affect the welfare of employees and that of the children they serve.

M. Board members will resist every temptation and outside pressure to use their position as a School Board member to benefit them or any individual or agency apart from the total interest of the school administrative district.

N. Board members will recognize at all times that the School Board is an agent of the State, and as such, will abide by the laws of the State and the regulations formulated by the Maine Department of Education and the State Board of Education.

Sec. 4 - Conflicts of Interest

School Board members must be constantly alert to their responsibilities and potential conflicts, and take care to avoid even the appearance of self-interest through disclosure or abstention (Title 30-A § 2605). A Board member shall not have any direct or indirect pecuniary interest (as defined by law as some financial benefit which may somehow come to the board member) in a contract or in other dealings with MSAD 35/RSU 35, nor shall he/she furnish directly any labor, equipment, or supplies to the unit.

In the event that a Board member is employed by a corporation or business, or has a secondary interest in a corporation or business which furnishes goods or services to the schools, the Board member shall declare his/her secondary interest and refrain from debating or voting upon the question of contracting with the company.

A Board member may not, during the time the member serves on the Board and for one year after the member ceases to serve on the Board, be appointed to any civil office of profit or employment position which has been created or the compensation of which has been increased by the action of the Board during the time the member has served on the Board. 

A member of the Board or spouse of a member may not be an employee of MSAD 35/RSU 35. A member of the Board, or spouse of a member, may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Superintendent, principal, athletic director, or other school administrator in MSAD 35/RSU 35. To avoid the appearance of nepotism, other immediate family members of the Board will not be hired, unless the Board approves an exception to this policy when determined to be in the best interests of the District. (20-A MRSA §1002)

Sec. 5 – Code of Conduct for Federally Funded Procurements

When a Board Member participates in the selection, award, or administration of a contract that is supported by a federal award, the Board member shall also comply with Policy DJH – Purchasing and Contracting: Procurement Staff Code of Conduct.

Sec. 6 – Infractions 

If any infraction of the Board Code of Ethics or Conflict of Interest occurs, the Board Chair is authorized to take whatever action is necessary, including but not limited to, censure or reprimand, with the advice and consent of the majority of the Board.  Action will be taken by the Vice-Chair, with the advice and consent of the majority of the Board, when the infraction is committed by the Board Chair.

 

Article II Revised: May 16, 2007, September 3, 2008, August 27, 2014, and August 26, 2015, February 28, 2018, July 15, 2020

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE III - Officers

ARTICLE III - Officers

Sec. 1 - The Chairperson  - BEDD Rules of Order

The Chairperson is to be elected by the Board at the annual organizational meeting, whose duties are to:     

A. Prepare the agenda with the Superintendent.

B. Sign the Superintendent’s contract, all graduation diplomas, referendum ballots, and all contracts.

C. Run all meetings according to Robert's Rules of Order.

D. Call special meetings, in conjunction with the Superintendent.

E. Ensure the Board is provided supporting documentation and information in a timely manner such that they may be well prepared for meeting discussions and voting on topics on, or anticipated to be on, an upcoming agenda.

F. Call special meetings, workshops or executive sessions, as needed, in conjunction with the Superintendent.     

Sec. 2 - The Vice-Chairperson 

The Vice-Chairperson is to be elected at the annual organizational meeting, whose duties are:

A. In absence of the Chairperson, to assume those duties.

B. Support the Chairperson, as needed, with facilitation, coordination and communication to ensure Board members are successful in fulfilling their duties as Board and committee members.

 

Article III Revised: October 20, 2021

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE IV - Meetings


ARTICLE IV - Meetings

Sec. 1 - Meetings

All meetings shall be run in accordance with the Maine Freedom of Access Act.  (MRSA T 1 Chapter 13 §401)

Sec. 2 - Quorum

Quorum:  A majority of the School Board Members shall constitute a quorum.  Each member shall have one vote.  A quorum is required to pass any motion.

Sec. 3 - Board Organizational Meeting

Board Organizational Meeting:  The annual organizational meeting shall be the second regular Board meeting in June.  At that meeting, a Board Chair and Vice-Chair shall be elected to serve a one year term of office.                    

A. Three Board members shall be elected by the Board to serve on the Facilities and Finance Committee for one year. 

B. Three Board members shall be elected by the Board to serve on the Negotiations Committee for one year.

C. Three Board members shall be elected by the Board to serve on the Educational Policy Committee for one year and school administrators will serve as advisors.

D. Three Board members shall be elected by the Board to serve on the Wellness / SEL Committee for one year and school administrators will serve as advisors.

Sec. 4 - Regular Meetings

Regular meetings:  Shall be held the first and third Wednesday of the month unless otherwise agreed upon.  Meetings which fall during school vacations will be rescheduled.  Normal meetings will be held in the Learning Center at Marshwood High School unless otherwise planned in order to accommodate safety, or other needs or requirements.  Meetings will usually begin at 7:00 pm.  All meetings shall cease at 10 PM unless the majority of the Board votes in the affirmative to suspend this rule.

Sec. 5 - Special Meetings

Special meetings may be called at the discretion of the Superintendent of Schools and the Chair of the Board.  Public notice is required as provided by the Maine Freedom of Access Act. 

Sec. 6 - Workshops

Workshops may be called as needed, a quorum is not necessary, and no binding decisions can be made.  Public notice is required.  The public is welcome, but no public participation is allowed.

Sec. 7 - Executive Sessions - BEC

Except as provided by law, all meetings of the School Board shall be open to the public, and all persons shall be permitted to attend the meetings.  The Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting.  Any motion to go into executive session shall indicate the precise nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session for that business.  Deliberations may be conducted in executive sessions only on those matters defined in the law.  No final action shall be taken in executive session.

By its very nature, the subject matter of executive sessions is highly confidential.  It is expected that all parties to such discussions will respect the need for confidentiality. 

 

Sec. 8 - Executive Session Procedures - BEC-R

I. To Enter Executive Session, the Board Must:

A. Start with a public meeting;

B. Have a public recorded vote of 3/5 of members present and voting; and

C. State in a motion the precise nature of the business of the executive session and include in the motion a citation of one or more sources of statutory or other authority that permits an executive session for that business.  If more than one matter is to be discussed, the nature of each matter and the source(s) of authority for each must be stated.  When labor contracts are the subject of an executive session, the parties must be named.

II. Restrictions During Executive Session

A. Only matters stated in the motion may be considered.

B. No official actions shall be finally approved.

C. No public record shall be kept.

III. Items Which May Be Discussed In Executive Session

A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:

1. Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual's right to privacy;

2. Person charged or investigated has right to be present;

3. Person charged or investigated may request in writing that the investigation be conducted in open session.  Such requests must be honored; and

4. Any person bringing charges shall be permitted to be present (does not specify participation).

B. Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds.  The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents or guardian so desire.

C. Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.

D. Board discussion of labor contracts and proposals and meetings may be held in executive session.  (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.)

E. Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.

F. Discussion of records made, maintained or received by the body or agency, when access by the general public is prohibited by statute.

Article Revised: July 14, 2010; August 29, 2012; August 28, 2013; October 20, 2021; November 15, 2023

Cross Reference:

KDB - Public’s Right to Know/Freedom of Access

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE IX - Bylaws

ARTICLE IX - Bylaws

 

Sec. 1- Amendments: 

These Bylaws may be amended by voting at any regular or special meeting provided that previous notice of the first reading of the amendment was given to all members one meeting prior to the vote.

Sec. 2 - Bylaw Review:

These Bylaws shall be reviewed annually at the Board organizational meeting. If there are no changes warranted or recommended, the Bylaws shall be accepted as written.

 

Policy Adopted: December 20, 1995

Policy Revised: August 14, 2002 and August 27, 2014

Board BYLAWS reviewed: October 20, 2021

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE V - Superintendent

ARTICLE V - Superintendent

Sec. 1 - Powers and Duties:

A. Duties shall include but not be limited to MRSA T20-A §1055.

B. As the Board’s Secretary, the Superintendent shall be responsible for the accurate preparation of the minutes.  Minutes shall be circulated to the Board members, press, schools, and other citizens who request them. In the event one or more Board members either abstains or votes in the minority all Board names shall be noted along with their vote.

C. The Superintendent shall nominate for School Board approval all employees of MSAD 35/RSU 35 in accordance with MRSA T20-A.

D. The Superintendent shall inform the Board of change in the law which would affect current Board Policy.  They shall recommend new policies required by State and Federal law. 

Sec. 2 - Agenda Preparation and Dissemination: 

A. The Superintendent will prepare the agenda for the meeting following consultation with the Chair. The agenda will be published and the Chair or acting Chair may note that no action is permissible on items not on the published agenda.

B. An opportunity for public input shall be part of every regular meeting of the Board of Directors, in accordance with policy BEDH Public Participation Policy and BEDH-R Public Participation at Board Meetings - Procedures.

C. On the Friday prior to the Board meeting, in addition to sharing the agenda with the Board every attempt will be made to post the established agenda on the district website and distributed to town offices, libraries,  schools and appropriate social media.

D. Outside of urgent hiring recommendations or other time-sensitive issues, no substantial changes to an agenda should occur once an agenda is published. If an update or addition is necessary, the updated agenda will be immediately reshared with the Board and reposted to the public. 

 

Article V Revised: August 27, 2014,  August 26, 2015, July 15, 2020, October 20, 2021

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE VI - Policy

ARTICLE VI - Policy

 

Sec. 1 - Policy Adoption

Policy Adoption: Policies will be adopted and/or amended only by the affirmative vote of a majority of the Board of Directors when such action has been scheduled on the agenda of a regular or special meeting. Insofar as possible, the Board of Directors desires a broad input into the development of policies for the system. To ensure this input takes place, the Board will adhere to the following procedure in considering and adopting new policies or amending existing policies.        

A. First Meeting: the policy will be presented for the first reading and discussion.

B. Second Meeting: the policy shall be presented for second reading and adoption.

Sec. 2 - Amendments

Amendments: Amendments may be presented at either meeting. An amendment will not require that the policy go through an additional reading unless the Board determines by vote that further study is desirable and an additional reading is necessary.

Sec. 3 -  Review 

After a period of six years from the date of Board approval, each policy will be reviewed and revised if necessary because of changing conditions, statutes, or court decisions. Board action will be required to extend the authority of a policy for another period of six years.

Sec. 4 -  Policy Deletion  

Policies may be deleted from the Policy Book upon majority vote of the Board.

 

Article VI Revised: October 16, 2013, August 27, 2014, October 20, 2021

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE VII - Budget

ARTICLE VII - Budget

Sec. 1 - The Fiscal Year

The Fiscal Year is July 1 through June 30 of the following year.

Sec. 2 - Budget Deadlines and Schedules:  

A. The Board of Directors shall review the budget document in public work sessions.

B. After review and tentative approval, the Superintendent shall submit a budget document in legally prescribed form to the Board a week prior to the scheduled budget adoption, for final approval. 

C. The complete budget document will be available for public scrutiny in the Superintendent’s Office and online on the district website: www.rsu35.org at least 7 days prior to any hearings held on the budget. 

D. Each school shall have a complete revised budget available for that school, indicating changes made from the document originally sent to the Superintendent. 

Sec. 3 - Budget Adoption:  

A. District budget meetings are conducted by referendum with each member municipality.  In accordance with MRSA T20-A §1305-1308 except in extreme mitigating circumstances, district budget meetings are held. MRSA T20-A §1305-1308.

B. The conduct of the budget meetings is to be run according to MRSA T20-A §1305-1308.

C. The Maine Moderator’s Guide shall be used in the conduct of District Budget Meetings.

Sec. 4 - Audit:

A. Each Board member shall receive a copy of the audited financial statements and a copy shall be on file in the Office of the Superintendent.  MRSA T20-A §6051.

 

Article VII Revised: August 27, 2014

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: ARTICLE VIII - Committees

ARTICLE VIII - Committees

Sec. 1 - Standing Committees:

Standing Committees shall be formed at the Board’s yearly organizational meeting. Membership of the Standing Committees shall consist of the Superintendent, and Board members.  Committee membership shall be discussed and elected by the Board.

MSAD 35/RSU 35 currently has four Standing Committees:

A - Facility and Finance Committee:

Facility and Finance Committee:  Shall review facilities needs of the District, review and approve warrants and make financial recommendations.

  1. A monthly financial statement shall be prepared by the Superintendent after the close of the last warrant of the month. This report shall contain reports of expenditures in all codes, all receipts and a justification of balances.
  2. A member of the Finance Committee and the District Treasurer shall sign all warrants.
  3. Members who will serve on the Facility and Finance Committee as advisors may include others designated by the Superintendent.

B - Negotiations Committee:

Negotiations Committee: Shall represent the Board in all negotiations with contracted employees of the District.

  1. Members who will serve on the Negotiations Committee as advisors may include others designated by the Superintendent.

Negotiations Committee:  Shall represent the Board in all negotiations with contracted employees of the District.

C - Educational Policy Committee:

Educational Policy Committee: Shall review policies and make recommendations to the full Board regarding revisions or new policy adoptions.

  1. Members who will serve on the Educational Policy Committee as advisors may include staff representatives, a representative from the QEA, administrators and others designated by the Superintendent.

D - Wellness / SEL Committee

Wellness / SEL Committee: Shall represent the Board and provide updates and recommendations to the full Board regarding Wellness and Social and Emotional Learning initiatives in the district.

  1. Members who will serve on the Wellness / SEL Committee advisors may include staff representatives, administrators and others designated by the Superintendent.

Sec. 2 - Advisory Committees: 

A - Formation:  

Advisory Committees may be formed from time to time as the Board wishes as special needs arise. At the time of the Advisory Committee’s inception the Board shall determine:

  1. Its purpose;
  2. Duration;
  3. Role;
  4. The resources the Board intends to provide;
  5. Approximate dates for reporting to the Board Chair or liaison, if necessary or able to determine at inception; and
  6. Membership of the Committee, if necessary. 

B - Role of Advisory Committee:

  1. Advisory committees should serve at the pleasure of the Board.
  2. Advisory committees should be appointed primarily to advise the Board. In general, individual members of such committees should not be requested to perform specific services for the Board.  
  3. The Board should seek the advice of the Superintendent before establishing or dissolving any advisory committee.
  4. Specific topics for study or well-defined areas of activity should be assigned in writing to each committee immediately following its appointment.
  5. Upon completing its assignment, each advisory committee should either be given new charges or be dissolved promptly. No committee should be allowed to continue for prolonged periods without a definite assignment.
  6. Each advisory committee should be instructed as to:

a. The role of the committee being advisory only;

b. The resources the Board intends to provide in order to help it complete its task;

c.The approximate dates on which the Board wishes reports to be submitted;

d. The time and place of the first meeting;

e. Its relationships with the Board as a whole and with members of the professional staff; and

f. The approximate date on which the Board wishes to dissolve the committee.

 

 Article VIII Revised: September 6, 2006, July 14, 2010, August 29, 2012, August 27, 2014, October 20, 2021

Section B – Governance – Board BYLAWS

MSAD 35 BYLAWS: Article X - Addenda


Article X - Addenda

Sec. 1 - New Board of Directors Orientation - BIA

In order that newly elected Board members may cast informed votes and function effectively as Board members, the Board and Superintendent will extend to them the fullest measures of courtesy and cooperation and will make every reasonable effort to assist newly elected Board members in understanding the Board's functions, policies, procedures, and current issues.

A. In the interim between a new member's election or appointment and his/her assuming office, the Board, through the Superintendent, will invite new members to attend meetings, except those held in executive session, and will provide new members with agenda, minutes and reports applicable to those meetings. During the time between election or appointment and the assumption of office, the status of the future-member remains that of a private citizen and not that of an elected or appointed official.

B. The Board, through the Superintendent, will provide new members with copies of appropriate publications, such as the Board policy manual, student handbook(s), collective bargaining agreements and current budget documents.

C. The Board will encourage new members to attend appropriate in-district and out-of-district orientation and/or boardsmanship workshops. Reimbursement for such activities must be approved in advance by the Board Chair, in consultation with the Superintendent, and is subject to the availability of funds.

D. The Chair and Superintendent will schedule and arrange for an orientation session for new Board members as soon as practicable after election or appointment. A reasonable amount of time will be provided for discussion of: 

      1. The roles and responsibilities of the Board and individual members;
      2. Basic operational procedures of the Board;
      3. Placement of items on the agenda;
      4. The role of committees, subcommittees and advisory committees;
      5. How and why executive sessions may be held;
      6. What is considered confidential or privileged information;
      7. Appropriate responses of an individual member when a request or complaint is made directly to him/her by a student, parent or member of the community;
      8. How the Board responds to complaints involving personnel;
      9. General information about the school system and its resources;
      10. How Board members, in fulfilling their duties, may request information concerning schools and District operations, finances and personnel;
      11. How Board members may make arrangements to visit schools, and the protocol for such visits;
      12. Protocol for dealing with the media; and
      13. Other relevant topics.

 

Policy Adopted: August 14, 2002

Policy Revised: December 7, 2005

Sec. 2 -  Policy Review - CHB

 The Board and Superintendent will work together to keep Board policies and the Board's policy manual up to date.

The Superintendent is given the continuing commission of calling to the Board's attention any policy that is inadequate, not working, out of date, or appears to need revision for other reasons.

Various actions of the Board and changes in state and federal laws may require minor revisions or editorial changes in certain policies and regulations of the Board.  The Superintendent is authorized to make these changes and present them to the Policy Committee for review, and potentially to the Board, as a new business item.  Acceptance will constitute positive Board action.

After a period of six years from the date of Board approval, each policy will be reviewed and revised if necessary because of changing conditions, statutes, or court decisions.  All policies will remain in effect until Board action is taken.


Policy Adopted:      September 2, 1992

Policy Revised:       December 3, 2003; December 7, 2005; June 19, 2013; June 21, 2023

Sec. 3 - Public Participation at Board Meetings (BEDH)

The primary purpose of School Board meetings is to conduct the business of the Board related to school policies, programs, and operations. The Board encourages residents to attend Board meetings so that they may become acquainted with the operation and programs of the schools. 

The Board also recognizes the value of public comments on school and educational matters.  To permit fair and orderly expression of public comments at Board business meetings, while still allowing the Board to conduct its business efficiently, the Board has established the procedure below for regular business meetings.  At special/workshop and emergency meetings, public comments will be limited to the topic(s) of the particular meeting, or in some cases, may not be permitted at all. 

In addition to speaking during the designated public comment portion of the agenda at Board meetings, members of the public are welcome to submit written comments on school and educational matters to the Board and Superintendent, or to submit requests to have items placed on a Board agenda, in accordance with applicable policies. 

1. The Board includes a public comment period, not to exceed 30 minutes, on the agenda of regular business meetings.  Comments by individuals are limited to a comment of up to three (3) minutes at a meeting.  Individuals may not relinquish a portion of their allotted time to another speaker.  The time limits in this paragraph may be modified at particular meetings at the discretion of the Board.

2. The Board will hear public comments from residents of the school unit first.  If there is time remaining in the public comment period once all residents have had the opportunity to speak, the Board will permit comments from non-residents.  Individuals who wish to speak are required to fill out the sign-in form available at each Board meeting, prior to the beginning of the public comment period, and review a copy of this policy.   Each individual will be required to state their name and address before beginning their remarks. 

3. The Board Chair is responsible for ensuring the orderly conduct of Board meetings and for ensuring compliance with this policy, including the following rules of order:

a. Speakers will be recognized by the Board Chair, and comments should be addressed to the Board Chair.  Requests for information or concerns that require further research may be referred to the Superintendent for further action, as necessary.

b. Speakers are expected to follow rules of common etiquette and decorum and refrain from engaging in disruptive conduct, including but not limited to using vulgar and/or obscene language, yelling, threatening others using words or by other actions, making defamatory comments, exceeding the allotted time limits, talking over or interrupting others, offering repetitive comments, and offering comment on matters unrelated to the District’s programs, policies, and operations.

c. Discussion of personnel matters is not permitted during the public comment period due to the privacy, confidentiality, and due process rights of District employees.  For purposes of this policy, “discussion of a personnel matter” means any discussion, whether positive or negative, of the job performance or conduct of a District employee.

d. Discussion of matters involving individual students is also not permitted during the public comment period due to the privacy, confidentiality, and due process rights of District students.

e. Any concerns about personnel matters and/or student matters should be directed to the Superintendent or another appropriate administrator outside of Board meetings so that they can be addressed through an alternative channel and in a manner consistent with confidentiality, privacy, and due process rights of the individuals involved.

f.  The Board Chair will stop any public comment that is contrary to these rules.

g. Individuals who disrupt a Board meeting may be asked to leave in order to allow the Board to conduct Board business in an orderly manner.  The Board Chair may request the assistance of law enforcement if necessary to address disruptions or safety concerns.

Legal Reference:           

20-A M.R.S.A. § 1001(20)

20-A M.R.S.A. § 6101

           1 M.R.S.A. § 405

Cross Reference:     

Board of Directors ByLaws

KE - Public Concerns and Complaints



Policy Adopted:  December 19, 1990

Policy Revised:  May 4, 1994; December 17, 2003; December 21, 2005; May 20, 2015; August 26, 2015; September 01, 2021; August 23, 2023



Sec. 4 - School Board Use of Electronic Mail - BEA

 Use of electronic mail (e-mail) by school board members should conform to the same standards of judgment, propriety, and ethics as other forms of school board-related communication.  Board members shall comply with the following guidelines when using e-mail in the conduct of board responsibilities:

  1. The School Board shall not use email as a substitute for deliberations at Board meetings, for other communications or business properly confined to Board meetings, or in any way to defeat the purposes of the Freedom of Access Act.
  2. Board members should be aware that email and email attachments received or prepared for use in board business or containing information relating to board business are likely to be regarded as public records which may be inspected and copied by any person upon request, unless otherwise made confidential by law.
  3. Board members shall avoid reference to confidential information about employees, students or other matters in email communications because of the risk of improper disclosure.  Board members should comply with the same standards as school employees with regard to confidential information.

 NOTE: Any copying fees are to be paid by the person requesting the copy.

  

20-A MRSA §§ 6001-6002

20 USC § 1232g

 Cross Reference:   GBJ - Personnel Records and Files

JRA - Student Educational Records


Policy Adopted: April 16, 2008

Policy Revised: May 15, 2013

Sec. 5 - Student Representation to the School Board - BBAB

 The MSAD # 35 Board of Directors endorses the concept of student access to the district decision-making process.  The Board wishes to provide students with the opportunity to offer advice and opinions on matters of common interest, to enhance communication and, to contribute to the MSAD # 35 community.

 To create the environment for interaction among and between student representatives, School Board members, and district administration, the School Board will encourage participation in the regular meetings of the School Board.

 Any two full time Marshwood High School students, one junior and one senior, will be recognized by the School Board as non-voting representatives to the School Board and will be invited to participate on selected standing committees, as appointed by the School Board.

 Both students will be selected by a method determined by the MHS Student Government organization and approved by the MSAD # 35 Board of Directors.  The senior selected the first year will serve a one-year term expiring on June 30 of his/her senior year.  The junior representative selected will serve a two-year term expiring on June 30 of his/her senior year.  After the initial year, a junior will be selected every year after to serve a two-year term with terms expiring on June 30 of his/her senior year.

 Student Representatives will be subject to the same by-laws and rules as the community representatives of the Board of Directors.  Student Representatives must attend a workshop held by the Superintendent of Schools and Board Chair prior to participation in their first meeting.

 Executive Sessions of the Board of Directors and its subcommittees are not open to student representatives.  No confidential information or documents will be provided to student representatives.

 Once adopted, this policy will be reviewed two years from the date of adoption.

 

Cross Reference: JIB


Policy Adopted:   February 27, 2008

Policy Revised:  May 20, 2013, July 15, 2020

Sec. 6 - School Attorney/Legal Services - BDG

 The Board recognizes that the increasing complexity of school unit operations frequently requires procurement of professional legal services.  Therefore, the Board shall designate an attorney and/or law firm to provide such services on an ongoing basis.  The school attorney(s) shall be admitted to practice law in Maine.  The Board reserves the right to obtain legal services outside of its designated attorney/law firm as deemed appropriate.

 A decision to seek legal advice or assistance on behalf of the school unit shall normally be made by the Superintendent or Board Chair in accordance with Board policy and when an obvious need exists.  Such services may also be obtained as a consequence of a formal vote of the Board. 

 Legal services required by the school unit may include, but not be limited to:

  1.  Providing general legal advice to the Board and/or administration;
  2.  Assisting with labor negotiations;
  3.  Assisting with personnel matters;
  4.  Assisting with expulsions and other student disciplinary matters;
  5.  Conduct and/or assist with pending or actual litigation involving the school unit;
  6.  Other specialized legal services; and
  7.  Attendance at Board meetings or other activities as appropriate.

 Many types of legal services are considered routine and do not require specific Board approval.  However, when the Superintendent concludes that the potential for significant legal expenditure exists or under other unusual circumstances, he/she shall inform the Board at an appropriate point in the process.  The Board may take action on such matters as appropriate.

 

Adopted: April 25, 2018

Section B – Governance – Board BYLAWS

BEC - Executive Sessions

BEC - Executive Sessions

Except as provided by law, all meetings of the School Board shall be open to the public, and all persons shall be permitted to attend the meetings.  The Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting.  Any motion to go into executive session shall indicate the precise nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session for that business.  Deliberations may be conducted in executive sessions only on those matters defined in the law.  No final action shall be taken in executive session.


By its very nature, the subject matter of executive sessions is highly confidential.  It is expected that all parties to such discussions will respect the need for confidentiality. 


1 MRSA § 401 et seq.


Cross Reference:

BE - School Board Meetings

Policy Adopted: November 15, 2023

Section B – Governance – Board BYLAWS

BEC-R - Executive Session Procedures



BEC-R - EXECUTIVE SESSION PROCEDURES


I. To Enter Executive Session, the Board Must:

A. Start with a public meeting;

B. Have a public recorded vote of 3/5 of members present and voting; and

C. State in a motion the precise nature of the business of the executive session and include in the motion a citation of one or more sources of statutory or other authority that permits an executive session for that business.  If more than one matter is to be discussed, the nature of each matter and the source(s) of authority for each must be stated.  When labor contracts are the subject of an executive session, the parties must be named.


II. Restrictions During Executive Session

A. Only matters stated in the motion may be considered.

B. No official actions shall be finally approved.

C. No public record shall be kept.


III. Items Which May Be Discussed In Executive Session

A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:

1. Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual's right to privacy;

2. Person charged or investigated has right to be present;

3. Person charged or investigated may request in writing that the investigation be conducted in open session.  Such requests must be honored; and

4. Any person bringing charges shall be permitted to be present (does not specify participation).

B. Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds.  The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents or guardian so desire.

C. Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.

D. Board discussion of labor contracts and proposals and meetings may be held in executive session.  (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.)

E. Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.

F. Discussion of records made, maintained or received by the body or agency, when access by the general public is prohibited by statute.


1 MRSA § 405


Cross Reference:

BEC - Executive Sessions



Policy Adopted: November 15, 2023


 

 

Section B – Governance – Board BYLAWS

BCC - Nepotism

BCC - NEPOTISM 

It is the intent of this policy to ensure that employment practices comply with Maine’s “prohibited appointments and employment” statute, 20-A §MRSA 2002 and to avoid favoritism and the appearance of favoritism in employment practices.

Definitions:

For the purpose of this policy:

Employment

It shall be the policy of the MSAD #35 Board not to employ as school unit staff any person who is a member of the immediate family of a Board member.

By Maine law (20-A MRSA § 1002(2)), a Board member’s spouse is precluded from employment under any circumstances in any public school within the jurisdiction of the Board to which the member is elected. 

Supervision and Evaluation

No person shall be employed in or assigned to a position that is within the direct supervision of a member of his/her immediate family, nor in a position in which he/she is supervised or evaluated, in whole or in part, by a member of his/her immediate family.

Exceptions 

In extraordinary circumstances, the Board may approve an exception to the prohibitions on the employment of immediate family so long as the candidate is qualified for the position to which he/she has applied, the hiring is in the best interest of the school system and its students, and the candidate is not the spouse of a Board member.

Exceptions for spouses of Board members in stipend positions only:

For the purpose of this policy a “stipend employee” means a person who receives limited monetary payment of benefit, through a series of payments or in a lump sum, for personal services performed in an advisory, mentoring, or coaching capacity for s school administrative unit.

The Board authorizes the Superintendent to employ a spouse of the member of the Board as a stipend employee on a contractual basis when that action is in the best interest of the students and the needs of the school unit. Such a contract will summarize potential conflicts of interest and describe mitigations of such conflicts. 

Such contract will be for one season or one year only, with no guarantee or expectation of continuation.

It is the Board’s intent that hiring practices for stipend positions discourage favoritism and political patronage and provide qualified applicants a fair opportunity to be selected on merit, with priority consideration given to the best interest without restrictions based solely on family association. To that end, the Superintendent/designee will be responsible for developing job descriptions for stipend positions, including relevant qualifications and duties/ responsibilities.  

This exception applies only through June 30, 2024, unless extended by the Maine legislature.

Volunteers

Under Maine law (20-A MRSA § 1002(2-A)), a board member or a board member’s spouse may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular, or extracurricular program or activity and reports directly to the superintendent, principal, athletic director, or other school administrator within the jurisdiction of the Board.

Exceptions for spouses of Board members in volunteer positions only:

Notwithstanding the preceding paragraph, the Board may permit a Board’s member’s spouse to serve as a volunteer in the same capacities as other school volunteers.  In approving spouses of Board members as volunteers, the Superintendent/designee will ensure that practices applicable to approval of school volunteers discourage favoritism and political patronage and provide qualified applicants a fair opportunity to be selected on merit, with priority consideration given to the best interest without restrictions based solely on family association. Board member spouses who volunteer in schools will be subject to the provision of the board’s policy IJOC, School Volunteers.

This exception applies only through June 30, 2024, unless extended by the Maine legislature.



20-A M.R.S.A. § 1002


Cross Reference:

BCB – Board Member Conflict of Interest

GAB – Job Descriptions

GDA – Support Staff Positions

GDGF – Support Staff Employment

IJOC – School Volunteers


Policy Adopted: December 20, 2023



Section B – Governance – Board BYLAWS

BHC - Board Relationships and Communications with Staff

BHC - BOARD RELATIONSHIPS AND COMMUNICATIONS WITH STAFF

A clear understanding of responsibilities and relationships between and among the Board and school personnel is essential for a smoothly running and efficient school system. It should be remembered that the Board, school administrators, teachers, and all others responsible for any phase of the work of the school system have a common and basic responsibility—the welfare of the children in the schools. This responsibility must guide all of the Board’s considerations and decisions.

RELATIONSHIPS 

Board and Superintendent

The relationship of the Board and the Superintendent can best be described as one of teamwork. They must function cooperatively as some of their functions are not readily separable. However, the primary functions are separable and should be clearly understood by each. The Board is the governing body of the school unit and has the responsibility for adopting policies and providing for the care and management of the schools.

The Superintendent is the ex officio secretary of the Board and the chief administrative officer. The Superintendent is responsible for the day to day administration of the school unit and for ensuring that the operations of the school unit conform to Board policies and applicable law. The Board recognizes this and wishes to make this clear to all staff members and to all citizens.

All communications or reports to the Board, or to any committee of the Board, from school principals, supervisors, teachers, or other employees shall be submitted through the Superintendent.

Board and Principal

The School Principal has no direct administrative relations with the Board. Their relations to the Board are through the Superintendent, for the Board recognizes that the Superintendent is the person to whom it must look for professional leadership within the schools. A spirit of cooperation and mutual helpfulness must prevail between the Superintendent and the Principal if the best results are to be realized. For instance, the Principal and the Superintendent must cooperate in the selection of school staff because the Principal is in the best position to know the kind of person needed for a particular type of service in the school. However, the Principal must make recommendations to the Superintendent and not to the Board. 

At all times the Principal must remember that all matters which require Board action must be presented to the Board by the Superintendent.

Board and Teachers and other School Employees

The relationship of the teacher to the Board is indirect. The teacher is directly responsible to the Principal/Assistant Principal and through the Principal/Assistant Principal to the Superintendent, and then to the Board. 

Other school employees, depending on their position, are directly responsible to the Principal/Assistant Principal or to the supervisor to whom the employee reports, and through the Principal or supervisor to the Superintendent, and then to the Board. 

Direct access between employees and the Board may be obtained through channels established for grievances or through applicable Board policies.

BOARD COMMUNICATIONS WITH STAFF

The Board will communicate regularly with school staff on matters of current interest and importance to the school community at such times and through such methods as the Board deems appropriate.

Individual employees and employee organizations are expected to utilize communication channels established through Board policies, administrative procedures, and collective bargaining agreements and not to circumvent the chain of command and their direct supervisors.

Communications with staff are the responsibility of the Board as a whole. Individual board members should refrain from initiating communications or conversations with staff members regarding district-related or board-related matters on their own. Individual board members who have children in our schools may engage with staff members, as parents, in matters pertaining to their children.

 

20-A MRSA §§ 1(28); 1001(21); 1051; 13201-13202

Cross Reference:

BEDH – Public Participation in Board Meetings

KE – Public Concerns and Complaints



Policy Adopted: February 28, 2024

 

Section C – Administration

Section C – Administration

CC - Administrative Organization

CC - Administrative Organization

The legal authority of the Board of Directors shall be transmitted through the Superintendent along specific lines from position to position as shown in the Board-approved organizational chart of the school system.

The lines of authority on the chart shall represent the direction of authority and responsibility.

The Superintendent shall have the freedom and responsibility to reorganize lines of authority and to revise the organizational chart subject to Board approval of major changes and/or the elimination and creation of positions. The Board expects the Superintendent to keep the administrative structure up to date with the needs for supervision and accountability throughout the school system.

Policy Adopted: April 15, 2009

Section C – Administration

CGD - Federal Funds

CGD - Federal Funds

The Board requires the appropriate use of federal funds.  All applications for federal funds must be approved by the Board of Directors.  All materials purchased with federal funds will be marked and inventoried in names that enable the identification of the funds used for purchase.

Policy Adopted: March 5, 1975

Policy Revised: October 3, 1976, December 3, 1986, August 14, 1996, October 2, 1996 and December 17, 2003

Section C – Administration

CHD - Administration in the Absence of Policy

CHD - ADMINISTRATION IN THE ABSENCE OF POLICY

In the event that administrative action must be taken but the Board has provided no guidance through policy, the Superintendent shall have the power to act.

The Superintendent shall inform the Board of actions taken and make recommendations for policy to provide future guidance.


Cross Reference:

CB - School Superintendent

 

Policy Adopted: April 15, 2009

Policy Revised: April 10, 2024

Section C – Administration

CHB - Policy Review

CHB - Policy Review

 The Board and Superintendent will work together to keep Board policies and the Board's policy manual up to date.

The Superintendent is given the continuing commission of calling to the Board's attention any policy that is inadequate, not working, out of date, or appears to need revision for other reasons.

Various actions of the Board and changes in state and federal laws may require minor revisions or editorial changes in certain policies and regulations of the Board.  The Superintendent is authorized to make these changes and present them to the Policy Committee for review, and potentially to the Board, as a new business item.  Acceptance will constitute positive Board action.

After a period of six years from the date of Board approval, each policy will be reviewed and revised if necessary because of changing conditions, statutes, or court decisions.  All policies will remain in effect until Board action is taken.


Policy Adopted:      June 21, 2023


Section C – Administration

CHA - Development of Administrative Procedures

CHA - DEVELOPMENT OF ADMINISTRATIVE PROCEDURES

The Board delegates to the Superintendent the responsibility for developing and disseminating such administrative procedures as may be necessary to carry out the policies adopted by the Board.  

“Administrative procedures” include procedures, directives, specification of actions, guidelines, rules/regulations, protocols, and other detailed arrangements for the operation of the school unit and the schools. 

The Superintendent may issue such administrative procedures without prior Board approval unless Board action is required by state or federal law or regulations, or the Board has asked that certain individual procedures or types of procedures be presented for its approval.

The Superintendent may recommend a proposed administrative procedure for Board approval if they believe Board consideration is necessary or desirable. 


Cross Reference:

CB – School Superintendent

CB-R – Superintendent Job Description

CHD – Administration in the Absence of Policy



Policy Adopted: April 10, 2024




Section C – Administration

CB - School Superintendent

CB - SCHOOL SUPERINTENDENT

A primary function of the Board of Education is to select a Superintendent of Schools.  To select a Superintendent, a majority vote of all members of the Board shall be required.  They  may be appointed to a contract of up to five years in accordance with the laws of the state of Maine.

The Superintendent shall be executive officer of the Board.  In addition, under Maine law, they shall serve as secretary ex officio to the Board.  They shall attend all meetings and have the right to speak on all subjects, but shall have no vote.

The Superintendent shall administer and supervise the public educational system of the town.  They shall have discretionary authority, subject to later approval by the Board, to act upon all emergency matters and those as to which the power and duties are not specifically set forth or limited.

The Superintendent shall devote his/her entire working time to the duties of the position.  They may, without violation of the provisions of this section, perform educational functions outside the town with the approval of the Commissioner of Education and the Board.


20-A MRSA §§ 1001, 1053

Cross Reference:

CBI - Evaluation of the Superintendent



Policy Adopted: April 10, 2024

Section D – Fiscal Management

Section D – Fiscal Management

DB - Budget Development and Adoption


DB - Budget Development and Adoption

The Board recognizes that financial resources and the proper management of the same are fundamental to the support of school programs and operations.  With this in mind, the Board will develop and present an annual operating budget as directed by applicable laws.

The annual budget will be for a 12-month period covering the fiscal year July 1 through June 30.

The Board shall designate the Superintendent as its budget officer, but the Superintendent may delegate portions of such responsibility as appropriate.

Responsibilities of the budget officer are budget preparation, budget presentation and budget administration.


20-A MRSA § 1301 (MSAD)

20-A MRSA § 1701 (CSD)

20-A MRSA § 1482 (RSU)

20-A MRSA § 1902 (UN)

20-A MRSA § 15617 et seq. (ALL)


Cross Reference:

DB-R Budget Development and Adoption Administrative Procedure




Policy Adopted: March 20, 2024













Section D – Fiscal Management

DC - Borrowing in Anticipation of Revenue

DC - Borrowing in Anticipation of Revenue

Maine law allows a Board of Directors to borrow money to pay for current operating expenses of the district if the loans are repaid within 13 months of the date of borrowing and are limited to an amount reasonably required for current operating expenses.

The Board authorizes the borrowing of such monies through short-term loans in anticipation of revenue to be received so long as the total amount of loans outstanding does not exceed anticipated revenue.

The Superintendent, as District Treasurer, and the Board Chair, may sign notes as required for short-term borrowing.


Policy Adopted: March 5, 1975

Policy Revised: December 3, 1986, September 18, 1996, December 17, 2003 and June 10, 2009

Section D – Fiscal Management

DFA - Revenues From Investments

DFA - Revenues From Investments

MSAD #35 considers an investment program a critical ingredient of sound fiscal management.  The Board authorizes an investment program for the purpose of securing a maximum yield of interest revenues to supplement other revenues for the support of the MSAD #35's educational program.

The investment program will be administered in a way that will ensure:

A. The continuous process of temporary investing of all fund balances and moneys available for investment purposes;

B. The maintenance (revised following each cash transaction) of a yearly cash flow chart that will provide data to assist proper planning and decision making regarding amount, duration and type of investments;

C. The use of an open competition system of bids and/or quotes to obtain the maximum yield possible on all investments from both local community and beyond-community financial institutions;

D. That all vendors using MSAD #35 funds provide statements to MSAD #35 of their collateral in the form of a list of the securities pledged at market value; and

E. That all MSAD #35 investments will be in compliance with the law.  (The legal references are listed at the end of this policy.)

 Delegation of Authority

MSAD #35 authorizes the school business executive and Superintendent to manage all activities associated with the investment program in such manner as to accomplish the objectives of this policy.  Their responsibilities will also include annual review and assessment of MSAD #35’s investment program and filing a report and recommendations annually with the Board.  The school business executive is further authorized to execute in the Board’s name any and all documents relating to the investment program in a timely manner and to confer with reputable consultants regarding investment decisions when necessary.

A monthly progress report of investments will be made to the Board.

 


Legal Reference: 20-A MRSA § 1312

30-A MRSA, Chapter 223, Subchapter 3-A

Policy Adopted: June 17, 2009  

Section D – Fiscal Management

DID - Inventory of Capital Assets

DID - Inventory of Capital Assets

A list of all District capital assets with a purchase price greater than $10,000 shall be maintained for financial reporting purposes.  A capital asset is any asset with a useful life greater than one year.  A capital asset will be valued at actual purchase price or estimated value at time of acquisition and shall be depreciated for financial reporting purposes using the straight-line depreciation method over the useful life of the asset as determined by the ASBO “Useful Lives” schedule. 

Building Administrators are responsible for protecting all assets within their building and should report missing or damaged assets to the Business Manager immediately.

The Business Manager shall maintain the capital asset list.

The district assumes no liability for any personal property.

Assets purchased with federal funds will be subject to federal asset reporting requirements.      

 


Cross Reference: JFCK- Student Use of Cell Phones and other Electronic Devices  

Policy Adopted: November 19, 2008

Section D – Fiscal Management

DJB - Purchase Orders

DJB - Purchase Orders

The Board of Directors recognizes that goods and services are purchased throughout the year and require different options for purchasing power.  In all cases, approval must be obtained by the Superintendent or designee.

Purchase orders serve as requisitions to purchase goods and services.  Purchase orders shall be prepared at the direction of an administrator or director, initialed and submitted to the Superintendent for approval.  A purchase order is required for all purchases over $200 and must indicate shipping costs in the final total.

For purchases under $200 from local vendors, a Local Vendor Form may be used.  These forms must be pre-approved by the administrator and submitted to the Superintendent with sales slips/invoices attached.

Occasionally, an employee will request reimbursement for goods and services purchased without a purchase order.  An Employee Reimbursement Form is used when a company will not accept a purchase order or charge card.  The Administrator and the Superintendent must provide pre-approval and indicate the spending limit for the purchase.  The Employee Reimbursement may not be used as an open purchase order and will not be reimbursed until purchasing is complete.

The School Nutrition Director shall be authorized to purchase without a purchase order.

Under the regulation of the Superintendent, open purchase orders may be maintained for the purchase of consumable supplies (Home Economics) or short term, planned maintenance projects (painting) or local bookstore agreements.  Maintenance of equipment may be authorized by the Administration with the approval of the Superintendent through an open purchase account.

Contracts for supplies or services such as gas and oil shall serve as open purchase orders for the duration of the contract.

The Superintendent’s Office may maintain a petty cash fund not to exceed $300.00.  A careful accounting of all funds in this account shall be available at all times.  No purchase from this account, except postage, shall exceed $60.00.

Charge cards for certain local vendors are maintained at the Superintendent’s Office and may be used by an employee purchasing goods and services for a school or program and returned immediately to the office with sales slips and invoices.

Employees purchasing without permission or following the proper procedure may be obligated to assume the debt incurred.



20-A MRSA


Policy Adopted: March 5, 1975

Policy Revised: October 3, 1979, December 3, 1986, April 7, 1999, February 4, 2004 and August 5, 2009

Section D – Fiscal Management

DJE - Bidding Requirements

DJE - Bidding Requirements

A. All purchases of and contracts for supplies, materials and equipment shall be subject to competitive bid wherever possible whenever such action is in the best interests of the district in the opinion of the Superintendent. M.S.A.D. #35 reserves the right to reject any and all bids or to negotiate with any bidder in the best interests of the district.

B. Bid specifications shall state time and place of opening and such opening shall be public.  

C. All awards of bids shall take place at a public meeting of the Board of Directors.

D. Bid lists for all products shall be maintained in the Superintendent's Office and such lists shall be reviewed annually.  Upon request and upon submission of evidence of responsibility, any firm may have their name added to a bid list.

E. State bid may be substituted for local bid in the best interest of the district.

F. The insurance program will be bid according to state law.

Procurement Methods for Federally Funded Projects

The Superintendent or his or her designee shall be responsible for developing, updating as necessary, and implementing a written administrative procedures manual (hereafter, the “Federal Procurement Manual”) to govern the procurement and purchase of property, goods, and services using any federal award that is subject to the Uniform Grant Guidance, codified at 2 CFR Part 200 (“UGG Federal Award”). The Federal Procurement Manual shall be consistent with all applicable federal laws and rules.

Notwithstanding any policy provision to the contrary, the procurement and purchase of property, goods, and services using a UGG Federal Award, in whole or in part, must comply with the Federal Procurement Manual. Wherever this policy or any of the school unit’s administrative procedures are inconsistent with federal laws or rules, the provisions of the federal laws or rules shall control.

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1A “federal award” is any federal financial assistance (including cost-reimbursement contracts) that a school unit receives either directly from a federal agency or indirectly from a pass-through entity such as the State education department. See 2 CFR § 200.38. Most, but not all, federal awards received by a school unit are subject to the Uniform Grant Guidance. To confirm whether a federal award is subject to the Uniform Grant Guidance, review the terms and conditions of the applicable grant agreement or cooperative agreement and the applicability provisions of the Uniform Grant Guidance, codified at 2 CFR § 200.101.

 


2 CFR Part 200 (Uniform Administrative Requirements) (for federal awards made on or after 12/26/2014)


Cross Reference: DJH – Purchasing and Contracting: Procurement Staff Code of Conduct

DJE-R – Federal Procurement Manual


Policy Adopted: September 21, 1995

Policy Revised: January 2, 2002, February 28, 2018

Policy Reviewed: August 18, 2021

Section D – Fiscal Management

DJE-R - 
(For School Unit Procurements Using Federal Awards Subject to Uniform Grant Guidance) - Federal Procurement Manual for Maine School Units Administrative Procedure

DJE-R - 
(For School Unit Procurements Using Federal Awards Subject to Uniform Grant Guidance) - Federal Procurement Manual for Maine School Units Administrative Procedure 

This Federal Procurement Manual governs the procurement and purchase of property, goods, and services using any federal award1, in whole or in part, that is subject to the Uniform Grant Guidance, codified at 2 CFR Part 200. 

To the extent necessary or convenient, the Superintendent or his or her designee, shall implement further written measures to ensure compliance with these procedures and any applicable federal laws and rules, including any applicable provisions of the Uniform Grant Guidance and the federal award terms and conditions. Any such written measures shall be made part of this manual. 

A.  OVERVIEW

The School Board expects all procurements of property, goods, or services made by the school unit using federal awards to be consistent with sound business practices and applicable federal laws and rules, including the Uniform Grant Guidance. 

These administrative procedures, in combination with the school unit’s written policies—including but not limited to Policy DJE (Bidding/Purchasing) and Policy DJH (Purchasing and Contracting: Procurement Staff Code of Conduct)—are intended to comply with the federal requirement that the school unit must (1) use its own documented procurement procedures which reflect applicable federal, state, and local laws and regulations and (2) maintain written standards of conduct covering conflicts of interest—real and perceived—for staff engaged in the selection, awarding, or administration of a contract.  (2 CFR § 200.318(a), (c).)

The Superintendent or his or her designee, acting singly, (the “Purchasing Agent”) shall be responsible for implementing these administrative procedures and shall have direction and control over the purchasing of property, goods, and services for the school unit using federal funds.

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1 A “federal award” is any federal financial assistance (including cost-reimbursement contracts) that a school unit receives either directly from a federal agency or indirectly from a pass-through entity such as the State education department.  See 2 CFR § 200.38.  Most, but not all, federal awards received by the school unit are subject to the Uniform Grant Guidance.  To confirm whether a federal award is subject to the Uniform Grant Guidance, review the terms and conditions of the applicable grant agreement or cooperative agreement and the applicability provisions of the Uniform Grant Guidance, codified at 2 CFR § 200.101.

Wherever these administrative procedures are inconsistent with applicable federal laws and rules, or the terms and conditions of a federal award, the provisions of the applicable federal laws, rules, or award terms and conditions shall control.

B.   GENERAL PROCUREMENT PROCEDURES

  1. Full and Open Competition.  All procurements must be conducted in a manner that provides full and open competition.  Real or perceived unfair advantages will be avoided.  Accordingly, the school unit will not (i) place unreasonable requirements on firms or vendors to qualify for a procurement, (ii) require unnecessary experience or use excessive bonding, (iii) use noncompetitive pricing practices between firms or affiliated companies, (iv) allow organizational conflicts of interest, (v) specify a “brand name” product without allowing firms or vendors to offer an equal alternate product, or (vi) allow any arbitrary action in the procurement process.  To ensure objective contractor performance and eliminate unfair competitive advantage, firms or vendors that develop or draft specifications, requirements, statements of work, invitations for bids, or requests for proposals must be excluded from competing for such procurements.  (2 CFR § 200.319(a).)
  2. Responsible Contractors.  The school unit must award contracts only to responsible contractors who are able to perform successfully under the terms and conditions of a proposed procurement.  Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.  (2 CFR § 200.318(h).)
  3. Oversight of Contractors.  The school unit must maintain a contract administration and oversight system to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.  (2 CFR § 200.318(b).)
  4. Fostering Economy and Efficiency.  The school unit must avoid purchasing unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase, and to using federal surplus equipment and property. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. To foster greater economy and efficiency, consideration should also be given to:  (i) entering into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services, (ii) using federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs, and (iii) using value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions.  (2 CFR § 200.318(d)-(g).)
  5. Geographical Preferences Prohibited.  The school unit must conduct procurements so as to prohibit the use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals, except (i) where applicable federal statutes expressly mandate or encourage geographic preference or (ii) when contracting for architectural and engineering (A/E) services, so long as its application leaves an appropriate number of qualified firms to compete for the contract given the nature and size of the project.  (2 CFR § 200.319(b).) 
  6. Clear and Accurate Technical Requirements.  The school unit must have written selection procedures for procurements that incorporate a clear and accurate description of the technical requirements for the goods or services to be procured, identify all requirements which offerors must fulfill, and identify all other factors to be used in evaluating solicitations.  Technical descriptions (i) must not, in competitive procurements, contain features which unduly restrict competition; (ii) may include a statement of the qualitative nature of the goods or services to be procured; (iii) when necessary, must set forth those minimum essential characteristics and standards to which goods or services must conform if they are to satisfy their intended use; (iv) should avoid detailed product specifications if possible; and (v) may use a brand name or equivalent description as a means to define performance or other salient requirements of procurement when it is impractical or uneconomical to make a clear and accurate description of the technical requirements (the specific features of the named brand which must be met by offerors must be clearly stated).  (2 CFR § 200.319(c).)

C.  PROCUREMENT METHODS AND THRESHOLDS

  1. Methods of Procurement.  The school unit must use one of the following five methods of procuring goods or services: micropurchases, small purchases, sealed bids, competitive proposals (a.k.a. requests for proposals), and non-competitive proposals (a.k.a. sole source procurement).  (2 CFR § 200.320.)

a.     Micropurchases (less than $3,500 as of October 1, 2015).  Micropurchases up to the federal micropurchase threshold ($3,500 as of October 1, 2015)2 may be made without soliciting competitive quotations if the Purchasing Agent considers the price to be reasonable.  To the extent practicable, the Purchasing Agent must distribute repurchases equitably among qualified suppliers, vendors, or firms.  (2 CFR §§ 200.67, 200.320(a).)

_____________________________________________________________________________ 

2 For procurements utilizing federal funds obtained prior to October 1, 2015, the micropurchase threshold is $3,000.  The threshold is subject to adjustment every five years in the Federal Acquisition Regulations.

b.    Small Purchases ($150,000 or less as of October 1, 2015).  Small purchases up to the federal simplified acquisition threshold ($150,000 as of October 1, 2015)3 may be made using simple, informal procurement methods and without requiring sealed bids.  For any such purchases, the Purchasing Agent must obtain price or rate quotes from an adequate number of qualified vendors or firms (preferably, from at least three qualified vendors or firms).  The Purchasing Agent shall document any price or rate quotes received, whether written or oral.  (2 CFR §§ 200.88, 200.320(b).) 

c.   Sealed Bids (over $150,000 as of October 1, 2015). For purchases in excess of the federal simplified acquisition threshold ($150,000 as of October 1, 2015) where a complete, adequate, and realistic specification or purchase description is available, the Purchasing Agent shall issue a notice of written invitation for sealed bids in a manner reasonably calculated to attract qualified bidders and provide the bidders with sufficient response time.  The invitation for bids shall provide a complete specification of the goods or services to be purchased.  Bids shall be opened at the time and place prescribed in the invitation for bids.  A firm fixed price (lump sum or unit price) contract award shall be made in writing to the lowest responsive and responsible bidder whose bid conforms to all material terms and conditions of the invitation to bid.  Any or all bids may be rejected if there is a sound documented reason. (2 CFR §§ 200.88, 200.320(c).)

d.   Requests for Proposals (over $150,000 as of October 15, 2015).  For purchases in excess of the simplified acquisition threshold ($150,000 as of October 1, 2015), when conditions are not appropriate for the use of sealed bids because the goods or services sought cannot be defined or specified such that bids will not be comparable, the Purchasing Agent shall issue a request for proposals (“RFP”) to solicit the goods or services.  Typically, the RFP seeks proposals that are evaluated qualitatively such that price is not the primary evaluation criterion.  Contracts may be awarded on either a fixed price or cost-reimbursement basis.  If this procurement method is used, the following requirements apply:

•    RFPs must be publicized in a manner reasonably calculated to attract qualified vendors or firms, and RFPs must identify all evaluation factors and their relative importance.  Proposals shall be reviewed by the Purchasing Agent or a selection committee identified in the RFP.  Any response to an RFP must be considered to the maximum extent practical;

•    Proposals must be solicited from at least two qualified sources; and

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3 For procurements utilizing federal funds obtained prior to October 1, 2015, the simplified acquisition threshold is $100,000.  The threshold is subject to adjustment every five years in the Federal Acquisition Regulations.

•  The Purchasing Agent shall award a contract to the responsible vendor or firm whose proposal is most advantageous to the school unit, with price and other factors considered; however, any and all proposals may be rejected if there is a sound documented reason.

The Purchasing Agent may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation.  The method, where price is not used as a selection factor, may only be used in procurement of A/E professional services.  It cannot be used to purchase other types of services even if A/E firms are a potential source to perform the proposed effort. (2 CFR § 200.320(d).)

e. Non-Competitive Proposals (Sole Source); Emergencies.  Procurements may be made through a non-competitive process (i.e., through the solicitation of a proposal from only one source) only when one or more of the following circumstances apply:

•  The item is available only from a single source;

•  An exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

• The federal awarding agency or pass-through entity expressly authorizes non‑competitive proposals in response to a written request; or

•  After solicitation of a number of vendors or firms, competition is determined inadequate.

The Purchasing Agent must document the basis for the sole source procurement by documenting the basis for any exigency or emergency, obtaining express authorization from the federal awarding agency or pass-through entity, or demonstrating a good faith effort on the part of the school unit to solicit proposals from a number of sources.  (2 CFR §§ 200.320(e), 200.324(b)(2).)

  1. Purchases Over $25,000.  For purchases exceeding $25,000, prior to contracting with a vendor, the Purchasing Agent shall use the System for Award Management (SAM) to search for the vendor by name, tax identification number, or another characteristic to make sure that the vendor has not been suspended or debarred from performing federally funded work. (2 CFR § 200.205.) 
  2. Purchases Over the Simplified Acquisition Threshold ($150,000 as of October 1, 2015).  The following additional procedures apply to purchases exceeding the simplified acquisition threshold:

a. Cost/Price Analysis.

(i) The Purchasing Agent must perform a cost or price analysis in connection with every procurement in excess of the simplified acquisition threshold, including contract modifications.  The method and degree of analysis depends on the facts surrounding the particular situation, but as a starting point, the Purchasing Agent must make independent estimates before receiving bids or proposals. 

(ii)    The Purchasing Agent must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed.  To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

(iii)   Costs or prices based on estimated costs for contracts under a federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable under Subpart E (Cost Principles) of 2 CFR Part 200. The school unit may reference its own cost principles that comply with the federal cost principles. 

(iv)   The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used.

(2 CFR § 200.323.)

b. Bonding Requirements.  For construction or facility improvement contracts or subcontracts in excess of the simplified acquisition threshold, the following bonds, or equivalent, are required:

(i) A bid guarantee from each bidder equivalent to 5% of the bid price.  The “bid guarantee” must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified;

(ii) A performance bond on the part of the contractor for 100% of the contract price.  A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract; and

(iii) A payment bond on the part of the contractor for 100% of the contract price.  A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

(2 CFR § 200.325.)

D.  CONTRACTING WITH SMALL & MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS

The Purchasing Agent must take all necessary affirmative steps to assure that small & minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.  Affirmative steps must include:

1. Placing qualified small & minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small & minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small & minority businesses and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small & minority businesses and women’s business enterprises;

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

6. Requiring the prime contractor, if subcontracts are to be allowed, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

(2 CFR § 200.321.)

E.  CONTRACTS ARISING FROM PROCUREMENTS

  1. Contract Administrator.  Prior to the execution of a contract funded by a federal award, the school unit should name a Contract Administrator.  The Contract Administrator shall be responsible for the tasks, technical requirements, service performance, and verification that payments are in compliance with the contract.  (2 CFR § 200.319.)
  2. Contract Provisions.  Any contract entered into between the school unit and a firm or vendor who is to be compensated using a federal award or a portion thereof must contain the applicable contract provisions described in Appendix I.  (2 CFR § 200.326.)
  3. Subrecipient and Contractor Determinations.  The school unit must make case-by-case determinations whether each agreement it makes for the disbursement of federal funds casts the party receiving the funds in the role of a subrecipient or a contractor.  The school unit shall make this classification using its judgment based on the following factors, as well as any additional guidance supplied by the federal awarding agency:

a.     Contractors.  A contract is for the purpose of obtaining goods and services for the party’s own use and creates a procurement relationship with the contractor.  (See 2 CFR § 200.22.)  Characteristics indicative of a procurement relationship between the school unit and a contractor are when the contractor (i) provides the goods and services within normal business operations; (ii) provides similar goods or services to many different purchasers; (iii) normally operates in a competitive environment; (iv) provides goods or services that are ancillary to the operation of the federal program; and (v) is not subject to compliance requirements of the federal program as a result of the agreement, though similar requirements may apply for other reasons.

b.     Subrecipients. A subaward is for the purpose of carrying out a portion of a federal award and creates a federal assistance relationship with the subrecipient. (See 2 CFR § 200.92.)  Characteristics which support the classification of a party receiving federal funds as a subrecipient include when the party (i) determines who is eligible to receive what federal assistance; (ii) has its performance measured in relation to whether objectives of a federal program were met; (iii) has responsibility for programmatic decision making; (iv) is responsible for adherence to applicable federal program requirements specified in the federal award; and (v) in accordance with its agreement, uses the federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity.

If the party receiving the funds is classified by the school unit as a subrecipient, the school unit must:

(i) Ensure that every subaward is clearly identified to the subrecipient as a  subaward and includes the following information: 

• Federal Award Identification: (a) Subrecipient name (which must match the name associated with its unique entity identifier); (b) subrecipient’s unique entity identifier; (c) Federal Award Identification Number (FAIN); (d) federal award date (see 2 USC § 200.39) of award to the recipient by the federal agency; (e) subaward period of performance start and end date; (f) amount of federal funds obligated by this action by the school unit to the subrecipient; (g) total amount of federal funds obligated to the subrecipient by the school unit including the current obligation; (h) total amount of the federal award committed to the subrecipient by the school unit; (i) federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); (j) name of federal awarding agency, school unit, and contact information for awarding official of the school unit; (k) CFDA number and name (the school unit must identify the dollar amount made available under each federal award and the CFDA number at time of disbursement); (k) identification of whether the award is R&D; and (l) indirect cost rate for the federal award (including if the de minimis rate is charged per 2 USC § 200.414).

•  All requirements imposed by the school unit on the subrecipient so that the federal award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award.

•  Any additional requirements that the school unit imposes on the subrecipient so as to meet its own responsibility to the federal awarding agency, including identification of any required financial and performance reports.

•  An approved federally recognized indirect cost rate negotiated between the subrecipient and the federal government or, if no such rate exists, either a rate negotiated between the school unit and the subrecipient or a de minimis indirect cost rate as defined in 2 USC § 200.414(f).

•  A requirement that the subrecipient permit the school unit and auditors to have access to the subrecipient’s records and financial statements as necessary for the school unit to meet the requirements of 2 USC § 331.

•   Appropriate terms and conditions concerning closeout of the subaward.

(ii) Evaluate each subrecipient’s risk of noncompliance with federal statutes,    regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described below, which may include consideration of such factors as: (a) the subrecipient’s prior experience with the same or similar subawards; (b) the result of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements—of 2 USC Part 200, and the extent to which the same or similar subaward has been audited as a major program; (c) whether the subrecipient has new personnel or new or substantially changed systems; and (d) the extent and results of federal awarding agency monitoring.

(iii) Consider imposing specific subaward conditions upon a subrecipient as described in 2 USC § 200.207.

(iv) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved.  School unit monitoring of the subrecipient must include: (a) reviewing financial and performance reports required by the school unit; (b) following up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the school unit detected through audits, on-site reviews, and other means; and (c) issuing a management decision for audit findings as required by 2 USC § 200.521.  Depending on the school unit’s assessment of risk posed by the subrecipient, the following monitoring tools may be useful to ensure proper accountability and compliance with program requirements and performance goals: (a) providing subrecipients with training and technical assistance; (b) performing on-site reviews of the subrecipient’s program operations; and (c) arranging for agreed-upon-procedures engagements as described in 2 USC § 200.425 (audit services).

(v)   Verify that each subrecipient is audited as required by Part F (Audit Requirements) of 2 USC Part 200 when it is expected that the subrecipient’s federal awards expanded during the respective fiscal year equaled or exceeded the threshold set forth in 2 USC § 200.501.

(vi) Consider whether the results of the subrecipient’s audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the school unit’s own records.

(vii)  Consider taking enforcement action against noncompliant subrecipients as described in 2 USC § 200.338.

(2 CFR §§ 200.330, 200.331.)

F.   RECORDS

a.   Recordkeeping.  The school unit must maintain records sufficient to detail the history of procurement.  Records must include the following: (i) rationale for the method of procurement, (ii) selection of contract type, (iii) contract selection or rejection, and (iv) the basis for the contract price.

b.   Record Retention Requirements.  The school unit must maintain records related to each federal procurement for a period of three years from the date of submission of the final expenditure report or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or school unit in the case of a subrecipient.  The following exceptions apply:

 

(i)   If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.

 

(ii)   When the school unit is notified in writing by the federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period.

 

(iii)  Records for real property and equipment acquired with federal funds must be retained for 3 years after final disposition.

 

(iv)  When records are transferred to or maintained by the federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the school unit.

 

(v)   Records for program income transactions after the period of performance. In some cases, federal fund recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the school unit’s fiscal year in which the program income is earned.

 

(vi)   Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).

If the proposal, plan, or other computation is required to be submitted to the federal government (or to the pass-through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission.

 If the proposal, plan, or other computation is not required to be submitted to the federal government (or to the pass-through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. 

(2 CFR §§ 200.318(i), 200.333.)

G.  PROTESTS AND CLAIMS

The school unit is solely responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements of goods or services under federal awards.  Except as may be otherwise provided in a written request for proposals or other solicitation of the school unit, these procedures are available to proposers for the purpose of handling and resolving disputes relating to such procurements, including evaluation and selection, protests of awards, disputes, and claims relating to the selection process and contract award.4  A protester must exhaust all of these administrative remedies before pursuing a protest with the federal grant agency or in any court of law.   For purposes of this section, the term “proposer” means any person or entity that has submitted a bid or a proposal in response to an RFP or other solicitation to the school unit, or a person or entity that is a prospective bidder or offeror and who has a demonstrated direct economic interest in the results of the procurement.

1. Protest Submission Requirements.  To be considered by the school unit, a protest must be made in writing, supported by sufficient information to enable the protest to be fairly evaluated, and submitted within the time periods set forth herein.  At minimum, protests must include (i) the name, phone number, and address of the protester; (ii) identification of the detailed and specific provision(s) of applicable federal or state law which would be allegedly violated by the procurement; (iii) copies of all exhibits, evidence, or documents supporting the protest; and (iv) a concise description of all remedies or relief requested.

2. Pre-Award Protests.  Pre-award protests are protests based upon the content of the solicitation documents.  Any protest to the terms, conditions, or specifications set forth in a solicitation must be submitted to the Purchasing Agent or the contract administrator, if a contract administrator is identified in the solicitation, within 5 calendar days after the issuance of the solicitation.  All such protests will be considered by the Purchasing Agent, or the contract administrator as appropriate, prior to the solicitation due date, and a written decision will be provided to the protester.

A decision of the Purchasing Agent or contract administrator is final, and no further protest or appeal of the terms, conditions, or specifications of any solicitation will be considered by the School Board.


_______________________________________________________________________
4 These protest procedures are not available to contractors or third parties for the purpose of handling and resolving disputes, claims or litigation arising in the course of contract formation or contract administration.  Any such disputes, claims or litigation will be handled and resolved in accordance with applicable contract terms, if any, and applicable law.

3. Protests of Proposal Evaluations and Award Decision.  Proposers shall be notified of any award decision by a written or oral notice of the award.  This notice shall be transmitted to each proposer at the address, email address, or telephone number contained in its proposal.  Any proposer whose proposal has not lapsed may protest an award decision on any ground arising from the evaluation of proposals or the award decision, but not on any ground specified in the “Pre-Award Protests” category, above.  Any such protest must be submitted to the Purchasing Agent or the contract administrator, if a contract administrator is identified in the solicitation, within 3 calendar days after notice of the award.  All such protests will be considered by a Protest Review Subcommittee, composed of members selected by the School Board in its sole discretion.  A written decision from the Protest Review Subcommittee stating the grounds for allowing or denying the protest shall be transmitted to the protester before a final contract award is made. A decision of the Protest Review Subcommittee is final, and no further protest or appeal will be considered by the School Board.  

(2 CFR § 200.318(k).)  

H.  FEDERAL AWARDING AGENCY OR PASS-THROUGH ENTITY REVIEW

1.  The school unit must make available, upon request of the federal awarding agency or pass-through entity, technical specifications on proposed procurements where the federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the school unit desires to have the review accomplished after a solicitation has been developed, the federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. 

2.  The school unit must make available upon request, for the federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:

a. The school unit’s procurement procedures or operation fails to comply with the procurement standards in 2 CFR Part 200;

b.  The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;

c.  The procurement, which is expected to exceed the simplified acquisition threshold, specifies a “brand name” product;

d.  The proposed contract is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or

e.  A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold.

The school unit is exempt from the pre-procurement review in this paragraph if the federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of 2 CFR Part 200.

3.  The school unit may request that its procurement system be reviewed by the federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high‑dollar funding, and third party contracts are awarded on a regular basis.

4.   The school unit may self-certify its procurement system. Such self-certification must not limit the federal awarding agency’s right to survey the system. Under a self-certification procedure, the federal awarding agency may rely on written assurances from the school unit that it is complying with these standards. The school unit must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.

(2 CFR § 200.324.) 

I.   EXCEPTIONS TO THESE ADMINISTRATIVE PROCEDURES

The requirements set forth in these administrative procedures do not apply to:

1. Block grants awards authorized by the Omnibus Budget Reconciliation Act of 1981 (including Community Services);

2. Federal awards to local education agencies under 20 U.S.C. 7702-7703b (portions of the Impact Aid program, including federal payments relating to federal acquisition of school property and federal payments for students residing on military installations or Indian lands);

3. Federal awards authorized under the Child Care and Development Block Grant Act of 1990, as amended;

4. Classes of federal awards identified as exceptions by the Office of Management and Budget; or

5. Any circumstance where the provisions of federal statutes or regulations differ from the provisions of Part 200 of Title 2 of the Code of Federal Register.

(2 C.F.R.  §§ 200.101-200.102.)


 

2 CFR Part 200 (Uniform Administrative Requirements) (for federal awards made on or after 12/26/2014)

 

Cross Reference:     DJE – Bidding Requirements

DJH – Purchasing and Contracting: Procurement Staff Code of Conduct

                                

Adopted:     February 28, 2018

Policy Revised: August 18, 2021


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APPENDIX I.  REQUIRED CONTRACT PROVISIONS

All contracts made by the school unit for the procurement of property, goods, or services using a federal award must contain provisions covering the following, as applicable:

A.   Remedies (over $150,000).  Contracts for more than the simplified acquisition threshold (currently $150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and must provide for such sanctions and penalties as appropriate.

B. Termination for Cause and Convenience (over $10,000).  All contracts in excess of $10,000 must address termination for cause and for convenience by the school unit, including the manner by which it will be effected and the basis for settlement.

C.  Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.360-1.3 must include the equal opportunity clause provided under 41 CFR 60‑1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

D.  Davis-Bacon Act, Copeland “Anti-Kickback” Act (construction contracts over $2,000). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by the school unit must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The school unit must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The school unit must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The school unit must report all suspected or reported violations to the Federal awarding agency.

E. Contract Work Hours and Safety Standards Act (over $100,000). Where applicable, all contracts awarded by the school unit in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

F. Rights to Inventions Made Under a Contract or Agreement.  If the federal award meets the definition of “funding agreement” under 37 CFR § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

G. Clean Air Act; Federal Water Pollution Control Act (over $150,000).  Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387).  Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

H.  Debarment and Suspension. A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

I. Byrd Anti-Lobbying Amendment (over $100,000).  Contractors that apply or bid for an award exceeding $100,000 must file the required certification.  Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award.


Adopted: February 28, 2018

Reviewed: August 18, 2021

Section D – Fiscal Management

DJH - Purchasing and Contracting: Procurement Staff Code of Conduct

DJH - Purchasing and Contracting:  Procurement Staff Code of Conduct


Conflict of Interest

All employees of the school unit shall perform their duties in a manner free from conflicts of interest to ensure that the school unit’s business transactions are made in compliance with applicable laws and regulations and in a manner that maintains public confidence in the schools.

No employee, officer, or agent of the school unit may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest.

A conflict of interest would arise when the employee, officer, or agent – or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein – has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

For the purpose of this policy, “immediate family” is defined as spouse, brother, sister, parent, son, or daughter.

 

Conflict of Interest Disclosure

All employees, officers, or agents with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the Superintendent who will investigate the circumstances of the proposed transaction. The Superintendent will exercise due diligence in investigating the circumstances of the transaction and, if necessary, will make reasonable efforts to find alternatives to the proposed transaction or arrangement that would not give rise to a conflict of interest. If the Superintendent determines that the proposed transaction is in the best interest of the school unit and is fair and reasonable, he or she may proceed with the transaction. In the event that the Superintendent may have a conflict of interest, an ad hoc subcommittee of the School Board will investigate and make a determination regarding the transaction.

 

Gifts and Solicitations

The employees, officers, and agents of the school unit may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Employees, officers, and agents of the school unit may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program.

 

Violations

Employees of the school unit who violate this code of conduct may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement.

 

Dispute Resolution

A bidder or respondent to a request for a proposal (RFP) may protest a procurement or contract award if he/she believes that it was made in a manner inconsistent with Board policy, specifications, or law or regulations. A protest must be submitted to the Superintendent in writing within five business days after receipt of notification of the award being made, with all documents supporting the protest.

The Superintendent shall review the protest and supporting documents and render a decision in writing within 20 business days of receipt of the protest. The Superintendent may also convene a meeting with the bidder or respondent to attempt to resolve the problem.

 If the bidder or respondent is not satisfied with the Superintendent’s decision, he/she may appeal to the Board. The Superintendent will provide reasonable notice to the bidder or respondent of the time for the Board’s consideration of the protest. The Board’s decision shall be final.

 

2 CFR § 200.318 (Uniform Administrative Requirements – General Procurement Standards) (for federal awards made on or after 12/26/2014)

Cross Reference:     BCB – Board Member Conflict of Interest

DJE – Bidding Requirements

                                 DJE-R – Federal Procurement Manual

                                 KCD – Public Gifts/Donations to the Schools

 Policy Adopted:  February 24, 2016

 Policy Revised: February 28, 2018

Section D – Fiscal Management

DK - Payment Policy

DK - Payment Policy

It is the policy of the School Board to pay all valid invoices within thirty calendar days of the receipt of the invoice unless there is a justifiable business reason, as determined by the Superintendent, for extending the payment period.  The Superintendent will establish administrative procedures to insure timely and accurate payment of all valid invoices.  Whenever practical the Superintendent will insure payments are processed so as to take advantage of any prompt payment discount offered by a vendor.  All payment checks will be signed by the Superintendent or his/her designated representative. Payment warrants will be reviewed by a majority of the members of the Finance Committee prior to the issuance of the checks.  All payment records will be retained in accordance with state and federal record retention requirements.  For the convenience, privacy, and security of School Department employees, the Board encourages the use of direct deposit whenever practical.


Policy Adopted: December 20, 1995

Policy Revised: November 2, 2005    

Policy Reviewed: June 15, 2009     

Section D – Fiscal Management

DKC - Expense Authorization and Reimbursement

DKC - Expense Authorization and Reimbursement

The Board recognizes that some District business expenses involve initial payment by a school system employee or a Board member and that such expenses may qualify for reimbursement.  The purpose of this policy is to promote financial accountability by requiring prior authorization of expenditures and the establishment of procedures for the reimbursement of expenses. 

Authorization

All employee expenses to be reimbursed must be pre-approved by the employee’s supervising administrator.

 All Board member expenses to be reimbursed must be approved by the Board prior to the member’s incurring the expense.

 Expenses to be reimbursed may include transportation, lodging, registration fees, required materials, parking fees and other reasonable and necessary District business-related expenses.

Reimbursement

All requests for reimbursement must be itemized on an official M.S.A.D. # 35 form.  Receipts for reimbursable expenses must be attached to the reimbursement form. 

Automobile travel will be reimbursed at the current mileage rate approved by the Board.  Reimbursement for commercial transportation will be based on coach/economy fares.  Receipts are necessary for reimbursement for airfare.

When circumstances dictate that a rental car is necessary and/or the most practical approach to travel, the least expensive car that will meet the purpose should be rented.

Unapproved Expenses

District employees and Board members who incur expenses that have not been approved in advance as required by this policy will be personally accountable for such expenses.

Establishment of Reimbursement Procedures

The Superintendent/designee will be responsible for developing a schedule of reimbursement rates for District business expenses including those expenses requiring advance approval and specific rates of reimbursement.  The Superintendent/designee shall also develop procedures to address methods and times for submission of requests for reimbursement.


Policy Adopted: August 5, 2009

Section D – Fiscal Management

DM - Cash in School Building

DM - Cash in School Building

A. Each school may maintain a school fund of monies raised or donated to that school.

B. The annual District audit will include an audit of each school.  Audits take place at the close of each school year.

C. The principal shall be solely responsible for the proper conduct of school funds.

D. Teachers who are required to collect money from students for the sale of materials, etc. shall use a receipt book or other system of accountability approved by the principal.

E. All cash collected by staff shall be turned in to school offices or deposited in appropriate accounts the day of collection.

F. School personnel shall deposit money in a timely manner.

G. The principal shall insure that money is deposited at least weekly or when the amount on hand exceeds $500.


Policy Adopted: March 5, 1975

Policy Revised: October 3, 1979, December 3, 1986, November 5, 1997, November 2, 2005 and November 5, 2008

Section D – Fiscal Management

DN - Property Disposal

DN - Property Disposal

It is the will of the School Board that all property purchased for use by the School District be used in the most effective and efficient manner and that at the end of its useful life disposed of in accordance with state and federal law and in a way that is most beneficial to the taxpayers.  To that end the School Board authorizes the Superintendent to determine when personal property (supplies, materials, and equipment) is obsolete or beyond economic repair and no longer of use to the District and to declare it surplus property.  The Superintendent is further instructed to establish procedures that will insure proper disposal of surplus personal property and to inform the Board of any personal property declared surplus with an estimated value greater than $5,000 prior to its disposal.

Disposal procedures established by the Superintendent shall include at a minimum the following provisions:

A. All municipal governments in the district are to be informed in writing of property declared surplus, and are to have first option to purchase.  The charges for municipal purchases shall be determined by the Superintendent after consultation with the board.

B. Surplus property, including books, to be offered for sale shall be disposed of by sealed bid, public auction, or public sale.  Public notice of any sale of surplus property shall be given at least one week in advance of an auction, sale, or opening of sealed bids.  All property is to be sold as is, where is.

C. Library books, textbooks, and instructional materials are to be disposed of by a means most likely to offer promise of continuing educational benefit, first to citizens of the school unit, then to others.

D. Any surplus property which is offered for public sale and is not sold may be disposed of in a manner deemed advisable by the superintendent, including donation to nonprofit agencies.

E. Any property determined to be worthless, or for any reason is considered to be inappropriate for sale, shall be disposed of in a manner the Superintendent deems appropriate after so informing the Board, with recycling as a priority where feasible.

F. Any school unit identification borne by surplus property shall be removed, or be further identified to indicate the intended disposition and surplus nature (i.e., “SOLD BY" "SURPLUS").

All revenues which result from the sale of surplus property shall be credited as miscellaneous income except in any instance where law requires that it be credited to a specific account.



Policy Adopted: November 6, 1991

Policy Revised: May 19, 1999 and November 2, 2005

Policy Reviewed: June 15, 2009   

Section D – Fiscal Management

DB-R - Budget Development and Adoption Administrative Procedure

DB-R - Budget Development and Adoption Administrative Procedure

It is the policy of the Board to present to the voters a budget that is both responsive to the needs of the school system and fiscally responsible.

  1. Review District core values and vision;

  2. Review current year’s finances and the Superintendent’s preliminary year end projection;

  3. Review Superintendent’s projections for the upcoming budget;

  4. Consider items which Board members feel should be prioritized in the new budget;

  5. Agree on budget parameters to be followed in developing the upcoming budget;

  6. Ensure opportunities for public input for consideration in budget development;

  7. Set a date and method for public presentation of the budget;

  8. Establish a date for the public referendum on the budget.

B. The Board shall instruct the Superintendent to develop a budget timeline that ensures the budget development process is conducted in an orderly and deliberate manner so as to honor the dates established above.

C. The Board authorizes the Superintendent to establish administrative procedures for the development of the district budget that include input from staff and administrators as they deem necessary and appropriate.

D. The Superintendent shall prepare for the Board’s review and consideration a budget presentation in March that includes:

  1. An overview of the budget, detailing significant budget issues, explaining the budget development process, and including other comments and information they deem appropriate;

  2. A summary of anticipated revenues and projected expenditures;

  3. Sufficient detail and supplemental information to allow the Board and the public to understand and appreciate the budget.

E. The Superintendent shall instruct the Directors of the Adult Education program and the School Nutrition program to submit a budget for their respective operations, including a projection of revenues and expenditures, for inclusion in the district budget.


20-A MRSA § 1301 (MSAD)

20-A MRSA § 1701 (CSD)

20-A MRSA § 1482 (RSU)

20-A MRSA § 1902 (UN)

20-A MRSA § 15617 et seq. (ALL)


Cross Reference:

DB - Budget Development and Adoption


Policy Adopted: March 5, 1975

Policy Revised: October 3, 1979; December 3, 1986; October 15, 1997; November 2, 2005; March 20, 2024

Section E – Support Services

Section E – Support Services

EBAA - Chemical Hazards

EBAA - Chemical Hazards

M.S.A.D. #35 is committed to providing a safe environment for students and employees. It is the policy of M.S.A.D. #35 to follow safe practices in regard to the storage and handling of hazardous chemicals in its schools. M.S.A.D. #35 will comply with all applicable Maine and federal laws and regulations concerning hazardous chemicals.

The Superintendent will be responsible for developing a Chemical Hygiene Plan* that includes procedures relevant to the identification, purchase**, storage, inventory, handling, and disposal of hazardous chemicals, maintenance of material safety data sheets (MSDS), and for ensuring that employees are provided required training and information concerning hazardous chemicals used in the schools. The Superintendent may delegate responsibilities associated with Plan development to school system staff, as appropriate.

The Superintendent will appoint a Chemical Hygiene Officer for M.S.A.D. #35. The Chemical Hygiene Officer will have the primary responsibility for implementing MSAD #35’s Chemical Hygiene Plan. The person appointed Chemical Hygiene Officer should be familiar with State and federal regulations pertaining to laboratory and chemical safety and the chemicals used in the schools. 

The Chemical Hygiene Office shall achieve such certification and/or attend such training as may be mandated by the Maine Department of Education or other State agencies.


 

Legal Reference: 29 C.F.R. § 1910.1200

26 M.R.S.A. § 565

Ch. 2 § 179 (Dept. of Prof. Regulation Rule)

Ch. 161 (Dept. of Educ. Rule)

Commissioner’s Administrative Letter No. 33, June 9, 2005

(Chemicals in Schools)

 

Cross Reference: EBCA – Crisis Response Plan

 

Policy Adopted: December 2, 1987

Policy Amended: September 18, 1996, October 2, 1996, May 5, 2004 and September 21, 2005

Policy Reviewed: September 28, 2009

Section E – Support Services

EBCA - Comprehensive Health and Safety and Emergency Management Plan

EBCA - Comprehensive Health and Safety and Emergency Management Plan

The Board hereby adopts the MSAD #35 Comprehensive Health and Safety and Emergency Management Plan. 

The Superintendent and building administrators shall be responsible for developing, in consultation with staff and persons or agencies with expertise in planning for health, safety and emergency planning and response, a comprehensive emergency management plan that identifies and addresses all hazards and potential hazards that could reasonably be expected to affect the school unit and school facilities.

As required by law, the Board will approve the plan annually. 

The Superintendent and building administrators shall be responsible for ensuring that the plan is implemented in each school and evaluated on an annual basis and after each incident when the plan is used. It is understood that specific procedures may vary from school to school due to differences in school facilities and the ages of students. 

At the request of any Board member or full-time school employee, the Board shall form a steering committee composed of school employees, Board members, parents, and others. A majority of the school employees must be chosen by the local representatives of the applicable bargaining unit if the school employees are covered by a collective bargaining agreement. The steering committee shall regularly review and refine the comprehensive health and safety plan.

Any substantive changes in the plan shall be subject to the approval of the Board.

The following information pertaining to the MSAD #35 Comprehensive Health and Safety and Emergency Management Plan is considered public information:

A.        A description of the scope and purpose of the Plan and the process used for developing and updating it;

B.        General information on auditing for safety and preparedness;

C.        Roles and responsibilities of school administrators, teachers and staff and the designated chain of command during                 an emergency; and

D.        Strategies for conveying information to parents and the general public during an emergency.

Except as specified in paragraphs A through D above, those portions of the Health and Safety and Emergency Management Plan and any other records describing security plans, security procedures or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism shall not be considered public information under the Freedom of Access Act but only to the extent that the release of such information could reasonably be expected to jeopardize the physical safety of school unit personnel or the public.  For the purpose of this policy, “terrorism” is defined as in

1 M.R.S.A. § 402(3)(L) as “conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.”


Cross References:
JICIA - Weapons, Violence and School Safety
EBCC - Bomb Threats

Policy Adopted:    March 21, 2007

Policy Revised:  October 21, 2009, February 10, 2021, November 16, 2022

Section E – Support Services

EBCC - Bomb Threats

EBCC - Bomb Threats

The Board recognizes that bomb threats are a significant concern to MSAD #35.  Whether real and carried out or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students and staff and to the integrity of school property.  Bomb threats disrupt the instructional program and learning environment and also place significant demands on school financial resources and public safety services. These effects occur even when such threats prove to be false.

Any bomb threat will be regarded as an extremely serious matter and treated accordingly. The Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action. 

A. Conduct Prohibited

No person shall make, or communicate by any means, whether verbal or nonverbal, a threat that a bomb has been, or will be, placed on school premises. Because of the potential for evacuation of the schools and other disruption of school operations, placement of a bomb or of a "look-alike" bomb on school premises will be considered a threat for the purpose of this policy.

It is also a violation of Board policy to communicate by any means that any toxic or hazardous substance or material has been placed, or will be placed, on school premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the schools.  For the purpose of this policy, "toxic or hazardous substance or material" means any material or substance, including biomedical materials, or organisms, that, when placed as threatened, could be harmful to humans. 

B.    Definitions 

  1. A "bomb" means an explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, "Molotov cocktail" or other destructive device.
  2. A "look-alike bomb" means any apparatus or object that conveys the appearance of a bomb or other destructive device.
  3. A "bomb threat" is the communication, by any means, whether verbal or nonverbal, that a bomb has been, or will be, placed on school premises, including possession or placement of a bomb or look-alike bomb on school premises.
  4. "School premises" means any school property and any location where any school activities may take place. 

C.    Development of Bomb Threat Procedures

The Superintendent/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of MSAD #35's Crisis Response Plan. These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:

  1. Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety).
  2. Building evacuation and re-entry (including selection of potential alternative sites for those who are evacuated);
  3. Incident "command and control" (who is in charge, and when);
  4. Communications contacts and mandatory bomb threat reporting;
  5. Parent notification process;
  6. Training for staff members; and
  7. Support services for students and staff. 

The initial bomb threat procedure will be subject to approval by the Board. The Superintendent/designee will be responsible for overseeing a review or evaluation of bomb threat procedures prior to the Board's required annual approval of MSAD #35's Crisis Response Plan, or following implementation of the procedure in response to a specific threat. 

D.    Reporting of Bomb Threats

A student who learns of a bomb threat or the existence of a bomb on school premises must immediately report such information to the building principal, teacher, the School Resource Officer or other employee in a position of authority.

An employee of MSAD #35 who learns of a bomb threat shall immediately inform the building administrator. The building administrator shall immediately take appropriate steps to protect the safety of students and staff in accordance with MSAD #35's bomb threat procedure, as developed under Section C and inform the Superintendent of the threat.

All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.

The Superintendent shall be responsible for reporting any bomb threat to the Department of Education within two business days of the incident. Reports will include the name of the school, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended. 

E.     Student Disciplinary Consequences

Making a bomb threat is a crime under Maine Law. Any student suspected of making a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action by the school. 

The administration may suspend and/or recommend for expulsion any student who makes a bomb threat. The making of a bomb threat will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A M.R.S.A. § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.

In addition, a student who is found after hearing by the Board to have brought a bomb to school shall be expelled from school for at least one year in accordance with 20-A M.R.S.A. § 1001-(9-A) and Policy ACAE, except that the Superintendent may modify the requirement for expulsion based on individual circumstances.

A student who has been identified through the PET process as having a disability and whose conduct in violation of this policy is related to the disability shall be disciplined as provided in Policy JKF. 

F.     Aiding Other Students in Making Bomb Threats 

A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of this policy.

 G.    Failure to Report A Bomb Threat

A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a school building or on school property may be subject to disciplinary consequences, which may include suspension and/or expulsion.

H.    Staff Disciplinary Consequences

An MSAD #35 employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment.  Disciplinary action taken shall be consistent with collective bargaining agreements, other employment agreements, and Board policies.

An MSAD #35 employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on school premises will be subject to discipline up to and including termination of employment.

I.      Civil Liability 

MSAD #35 reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law. 

J.      Lost Instructional Time

Instructional time lost as a result of a bomb threat will be rescheduled at the earliest appropriate (or; practicable) opportunity, as determined by the Superintendent in consultation with the Board. 

Time lost may be rescheduled on a weekend or vacation day, or after what would normally be the last day of the school year, except on days when schools must be closed as required by law. 

K.    Notification Through Student Handbook

 All student handbooks shall address MSAD #35's bomb threat policy and procedures and explain the educational consequences of bomb threats. In addition, student handbooks shall notify students and parents that bomb threats violate Board policy and civil and criminal law.

 

Cross References: EBCA - Comprehensive Health and Safety and Emergency Management Plan
JKD - Suspension of Students
JKE - Expulsion of Students
JKF - Disciplinary Removals of Students with Disabilities
ACAE - Weapons, Violence and School Safety                 
JICDA Student Code of Conduct

Policy Adopted: November 20, 2002
Policy Reviewed: September 28, 2009, November 16, 2022

Section E – Support Services

EBCC-E1 - BOMB THREAT REPORT FORM

EBCC-E1 - BOMB THREAT REPORT FORM

1)          Follow the checklist below
2)          Call police and state “I have received an emailed bomb threat”.
STAY CALM:  Do not get excited or excite others.  Do not open desk drawers or closet doors.
TIME:   Call received___________am/pm             Terminated:_______________am/pm
EXACT WORDS OF CALLER:   __________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
DELAY:  Ask caller to repeat
QUESTIONS TO ASK:
         What time is the bomb set to explode?________________________________________________
         Where is it located?__________________________Area:__________________________________
         What kind of bomb?_________________________________________________________________
        What does it look like?_______________________________________________________________
        Why kill or injure innocent people?_____________________________________________________       
VOICE DESCRIPTION:
Male:________________         Female:_____________
Calm:________________         Nervous:____________
Young:_______________         Old:__________ Middle Age:__________  Rough:_________
Refined:______________         Raspy:________Fast/Slow:___________Loud/Low:____________
Accent:     Yes:____   No:_____   Describe:________________________________________________
____________________________________________________________________________________
Unusual phrases:_____________________________________________________________________
Recognize voice?_____________If so, who do you think it was?______________________________
BACKGROUND NOISE:
Music:________________ Traffic:______________Horns:_____________Machinery:______________
Running Motor: (Type):____________________________________________Whistles:______________
Aircraft:___________ Machinery:_____________Bells:______________ Tape Recorder:____________
Other:________________________________________________________________________________
ADDITIONAL INFORMATION:
Did caller indicate knowledge of facility?  In what way?_______________________________________
______________________________________________________________________________________
What line did the caller come in on?_______________________________________________________
Is number listed?   Yes:_______ No:______   Private number?_______ Whose?_____________________

EMAILED BOMB THREAT

*DO NOT CLOSE THE EMAIL

Call police state “I have received an emailed bomb threat”

Policy Revised:  November 16, 2022



Section E – Support Services

EBCE - School Closings and Cancellations

EBCE - School Closings and Cancellations

At various times throughout the year, our region experiences both anticipated weather events such as snowstorms, wind and ice storms as well as unanticipated emergency events such as power outages. The district works collaboratively together with the Emergency Management Directors for both Eliot and South Berwick, each town’s Chief of Police, Fire Chief and Public Works Director to develop a coherent set of emergency protocols and a communication system for both anticipated weather events and for unanticipated emergency events. These clear protocols essentially require the district to gather as much information as possible to make an informed decision regarding our schools’ opening, closing or delayed start times before 6:00 a.m. and then to communicate any change to our usual school opening times to over 2,600 contacts.

Since weather and conditions surrounding other unanticipated emergency events can change quickly, there will always be a myriad of nuanced contingencies that present themselves within the decision-making process. As a result, there may be occasions when you decide to keep your child home when our schools are open.

Notwithstanding the decision of the district to open, close or delay the start of its schools, as your child’s parent, you are the best judge of what road and weather conditions you believe are safe or unsafe for your family’s travel. If you believe that your child(ren) should not come to school during an inclement weather event, you should keep your child home. In these cases, your child will be listed as having an “excused” absence and any schoolwork missed on that day will be able to be completed in a timely manner.

Finally, although we cannot predict what media systems will be operational or offline at your home or workplace during a weather event or other unanticipated emergency, we have developed numerous pathways for delivering information regarding our schools’ status. These information pathways include:

It is the hope of the district that at least one platform of information will be available to you during a storm or other emergency event so that you can have the latest information regarding your child’s school status. 

The district holds the safety of our students and staff as its highest priority and strives to make the best decision with the best available information at the time regarding school closings or delayed starts for our district’s schools and activities.

 

Policy Adopted: November 15, 2017
Policy Revised:  March 16, 2022



Section E – Support Services

EBCF - Automated External Defibrillators (AEDS)

EBCF - Automated External Defibrillators (AEDS)

The Board recognizes that from time to time medical emergencies may arise that warrant the use of an automated external defibrillator (AED). M.S.A.D. #35 may acquire one or more AEDs for use in its schools and at school athletic events.

M.S.A.D. #35 will offer training to high school students on performing cardiopulmonary resuscitation (CPR) and using an automated external defibrillator (AED) in accordance with such rules as may be adopted by the Maine Department of Education, and may require training for those school unit personnel who have been identified by the Superintendent, in consultation with the school physician, as needing such training to effectively carry out their job responsibilities.

The Superintendent shall be responsible for developing, in consultation with the school physician or other qualified expert and in accordance with the manufacturer's’ instructions, protocols for the use, storage, location, testing, and maintenance of MSAD #35’s AEDs and for identification of school personnel who should be trained in the use of an AED.

Although the Board authorizes the acquisition of AEDs, it cannot and does not guarantee that an AED or a person trained in its use will be available at any particular school site or school-sponsored event.


20-A MRSA § 4009

22 MRSA § 2150-C


Cross Reference: EBCA – Comprehensive Emergency Management Plan

JLCE - First Aid and Emergency Medical Care

Policy Adopted: November 25, 2003

Policy Revised: October 21, 2009 and February 24, 2016

Section E – Support Services

EC - Environmentally Sound Schools

EC - Environmentally Sound Schools

The Maine School Administrative District No. 35 Board of Directors is proud of its faculty, staff, and student body for their innovative practices in promoting environmental stewardship. Our district has the potential to make a positive, tangible change while teaching our students to be stewards of their community, the earth, and its resources. The Board recognizes that change within schools can help catalyze change in the broader society. 

The Board also recognizes:

The Board will support, encourage, and investigate:

The Board directs the Superintendent of Schools to implement administrative procedures and rules designed for energy efficiencies and conservation.

The Board will consider all recommendations that have the potential to lighten the district’s environmental impact, integrate environmental education, and increase student participation in school-wide environmental initiatives.

The Board will explore opportunities to partner with both nonprofit and public agencies in the area of environmental education. The Board will support goals and initiatives that align with environmental education.

 

Policy Adopted: May 7, 2008

Policy Revised: September 28, 2009; April 10, 2024

Section E – Support Services

ECAD - Security Camera System

ECAD - Security Camera System

The Board authorizes the use of security cameras for the purpose of enhancing school safety and security. The Board’s goals are to promote and foster a safe, secure teaching and learning environment for students and employees; to promote public safety for community members who visit or use school property; and to safeguard facilities and property.  

Security cameras may be placed in parking lots, school entryways and other areas on school grounds. Security cameras may also be placed in areas of common use within buildings, including but not necessarily limited to, school foyers, the school office, hallways, cafeterias, libraries and gymnasiums.  

Security cameras may be used for the following purposes:

1.   To investigate suspected violations of Board policies or school, or other inappropriate conduct.

2.   To monitor activities on school property to protect safety and to enforce school rules, policies and the law.

3.   By law enforcement to address school safety issues or to investigate possible criminal behavior. 

Notices will be posted in public entryways to the building and other conspicuous locations informing persons that the buildings and grounds are monitored by security cameras.  

The Superintendent may develop and implement any necessary administrative procedures regarding the use of security cameras. 

 

 

Cross Reference: EBCA – Comprehensive Emergency Management Plan

                    JRA – Student Records and Information


Policy Adopted: January 20, 2021

Section E – Support Services

ECAD-R - Security Camera System Administrative Procedure

ECAD-R - Security Camera System Administrative Procedure  

A.   Security Camera Placement 

1. Security cameras may be placed outside and inside school facilities as described in Policy ECAD and as approved by the Superintendent. The Superintendent shall consult with the building administrator and others as appropriate prior to approving placement of security cameras.

2. The use of security cameras or video devices may also be approved in particular locations by the Superintendent on a short-term basis in connection with investigations of possible misconduct and/or illegal activity.

3. Security cameras will not be placed in bathrooms, locker rooms, private offices or other locations where the Superintendent determines that users have a reasonable expectation of privacy, except as otherwise permitted by law.

B.   Viewing/Monitoring of Live Images from Security Cameras

1. In order to maintain building security, a monitor will be placed to enable office staff [or insert other appropriate staff] to observe points of access to the building. 

2. The Superintendent, building administrators and others designated by the Superintendent may monitor security camera images on a periodic or random basis for school-related purposes.

3. In situations when the School Department’s Comprehensive Emergency Plan is implemented and/or there is an immediate security risk, law enforcement officials may view directly images from school security cameras at the school on their own monitors at other locations. [Note: If there is no such access, this paragraph will need to be modified.]

C.   Viewing of Security Camera Recordings

1. The Superintendent, building administrators and others designated by the Superintendent may review security camera recordings for school-related purposes. Other school employees may be authorized by the Superintendent or a building administrator to view recordings if there is a legitimate educational or operational reason to do so.

2. Any security camera recording used for student disciplinary purposes will only be disclosed as authorized by the Family Educational Rights and Privacy Act (FERPA) and in accordance with Board policy.

3. The parents/guardians of a student or an eligible student under FERPA may request to view portions of a security camera recording used as a basis for disciplinary action against that student. Viewing of the security camera recording shall be conducted in the presence of a building administrator and shall be conducted in a manner that does not violate the confidentiality rights of other students. 

4. Law enforcement personnel may review security camera recordings, when available, to investigate possible criminal conduct.

D.   Storage and Security of Security Camera Recordings

1. All security camera recordings will be stored in a secure location to ensure confidentiality.

2.   Security camera recordings will be retained for no more than 30 days, except in cases where there is a request from the police or a court, or when recordings are needed for an investigation or disciplinary matter, in which circumstances the recording will be maintained until no longer required to resolve the matter.

 

 

Cross Reference: EBCA – Comprehensive Emergency Management Plan

                   JRA – Student Records and Information


Policy Adopted: January 20, 2021

Section E – Support Services

ECB - Pest Management in School Facilities and on School Grounds

ECB - Pest Management in School Facilities and on School Grounds

The Board recognizes that structural and landscape pests can pose significant problems for people and MSAD #35 property, but that use of some pesticides may raise concerns among parents, students and staff. It is, therefore, the policy of MSAD #35 to incorporate Integrated Pest Management (IPM) principles and procedures for the control of structural and landscape pests. A copy of this policy shall be kept in every school and made available upon request to staff, parents, students and the public.

IPM is a systematic approach to pest management that combines a variety of methods for managing pests including monitoring; improved horticultural, sanitation and food storage practices; pest exclusion and removal; biological control; and pesticides. 

For the purpose of this policy, “pests” are populations of living organisms (animals, plants or microorganisms) that interfere with use of school facilities and grounds. “Pesticide” is defined as any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. 

The objective of MSAD #35 IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others. 

The Superintendent and/or designee shall develop and implement a Pest Management Plan consistent with the following IPM principles and procedures:

A.    Appointment of an IPM Coordinator 

The Superintendent will appoint an IPM Coordinator for MSAD #35. The IPM Coordinator will be the primary contact for pest control matters and will be responsible for overseeing the implementation of the IPM plan, including making pest control decisions. 

The IPM Coordinator will consult with the building principal and/or Superintendent before a decision is made to do a pesticide application for which notice is required and before providing notification of the planned application. The IPM Coordinator’s responsibilities include:

  1. Recording and monitoring data and pest sightings by school staff and students;
  2. Coordinating pest management with pest control contractors;
  3. Recording and ensuring that maintenance and sanitation recommendations are carried out where feasible;
  4. Ensuring that any pesticide use is done according to the MSAD #35 Pest Management Plan and Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (“Standards for Pesticide Applications and Public Notification in Schools”);
  5. Making the school system’s pest management policy available in every school building;
  6. Having available for parents and staff a copy of the Maine regulation pertaining to pesticide applications in schools (Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control “Standards for Pesticide Applications and Public Notification in Maine Schools”) and a record of prior pesticide applications and information about the pesticides used.
  7. Initiating and coordinating notification of parents and staff of pesticide applications according to the MSAD #35 notification procedure and posting notification signs as appropriate; and
  8. Recording all pesticides used by either a professional applicator or school staff and maintaining other pest control data.

B.    Identification of Specific Pest Thresholds

Routine inspection and accurate identification of pests are needed to recognize potential problems and determine when action should be taken.   

Action thresholds for specific sites will be determined on a case-by-case basis by the IPM Coordinator in consultation with the building principal and/or Superintendent, and if necessary, with the advice of a professional pest control expert. 

As pest management objectives will differ from site to site (e.g.: maintaining healthy turf and specific playing surfaces on athletic fields, carpenter ant control in buildings, or maintenance of ornamental plants), differences should be considered before setting an action threshold.

C.    Pesticide Applicators

Any person who applies pesticides in school buildings or on school grounds, including school personnel, must possess a Maine pesticide applicators license and should be trained in the principles and practices of IPM. All pesticide use must be approved by the MSAD #35 IPM Coordinator. Applicators must follow state regulations and label precautions and must comply with the IPM policy and pest management plan. 

D.    Selection, Use, and Storage of Pesticides

Pesticides should be used only when needed.  Non-chemical pest management methods will be implemented whenever possible to provide the desired control. The choice of using a pesticide will be based on a review of other available options (sanitation, exclusion, mechanical means, trapping, biological control) and a determination that these options have not worked or are not feasible. When it has been determined that a pesticide must be used to achieve pest management goals, the least hazardous effective pesticide should be selected. Application should be conducted in a manner that, to the extent practicable using currently available technology, minimizes human risk.

Decisions concerning the particular pesticide to be used and the timing of pesticide application should take into consideration the use of the buildings or grounds to be treated.

Pesticide purchases should be limited to the amount expected to be used for a specific application or during the year.  Pesticides will be stored and disposed of in accordance with label directions and state and federal regulations. Pesticides must be stored in an appropriate, secured location not accessible to students or unauthorized personnel.

E.     Notification of Students, Staff, and Parents of Use of Pesticides

A notice will be provided to staff, students and parents within the first two weeks of the school year briefly explaining the MSAD #35 Pest Management in School Facilities and on School Grounds use policy including provisions for notification to parents and staff of specific planned pesticide applications in school buildings or on school grounds. 

When required by regulations, the school will notify staff, students and parents/guardians at least five days in advance of planned pesticide treatments in the school or on school grounds, including playgrounds and playing fields.

When required by regulations, signs will be posted at each point of access to the treated area and in a common area of the school at least two working days prior to the application and for at least 48 hours following the application in accordance with applicable Maine Board of Pesticides Control regulations. 

F.     Recordkeeping

When a pesticide has been used, records pertinent to the application including labels and material safety data sheets will be maintained at a designated central location for two years following application. Records are to be completed on the day the pesticide is applied. Pest surveillance records should be maintained to verify the need for pesticide treatments.

 



Legal References: 7 MRSA §§ 601-625

22 MRSA §§ 1471-A-1471-X

Ch. 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (Standards for Pesticide Applications and Public Notification in Schools) 


Cross Reference: EBAA - Chemical Hazards

Policy Adopted: October 29, 2003

Policy Revised: September 28, 2009 and April 13, 2016

Section E – Support Services

EDC - Use of School District Equipment by Non-M.S.A.D. #35 Staff

EDC - Use of School District Equipment by Non-M.S.A.D. #35 Staff

The Principal is authorized to approve the loan of school equipment to community groups for an educational, civic or charitable purpose when the Community Use Form has been completed and is approved:

1. The group borrowing the equipment agrees to accept responsibility for repairing or replacing any equipment damaged or lost while in its possession.

2. The equipment is neither unusually expensive nor subject to easy damage.

3. The equipment is in good condition.

4. The group will provide a competent operator for any machines loaned.



Policy Adopted: September 1, 1967

Policy Revised: December 2, 1970, October 2, 1974, June 16, 1976, June 17, 1981, July 6, 1988, April 7, 1999 and December 17, 2003

Section E – Support Services

EEA - Transportation

EEA - Transportation

The Board of Directors will furnish school bus transportation to all elementary and secondary students to the extent determined by the administration and approved by the Board of Directors. The goal is to provide a safe, accessible and adequate level of service in a district with a variety of topography, occasional harsh climates and challenging traffic conditions.

In general, Maine law requires that a school district provide transportation for resident students. The Board of Directors has determined that students enrolled in grades PreK-grade 5 may be required to walk up to and including 3/4 mile to school or to a designated bus stop. Students in grades 6-12 may be required to walk up to and including one mile. While Maine law requires the district to furnish transportation, it does not relieve the parents or childcare providers from the responsibility to ensure the safety and proper behavior of students to and from, and at the designated bus stop.

MSAD #35 will operate its own fleet of school buses. However, as it is impractical to transport certain special education students by regular bus to programs outside the district, such students may be transported by other conveyance. 

The District's transportation program will be under the direction of the Transportation Director who is responsible to the Superintendent of Schools and the Business Manager.

It is the desire of the Board of Directors that transportation be scheduled in such a way that the best educational interests of the students be served. Regulations are necessary to govern the operation of such a program, and it is not the intent of the Board to assume an unreasonable approach to this phase of the school program. 

The Transportation Director, with suggestions from the bus driver, will determine the location of a designated bus stop and the route of the bus run. The location of a bus stop should be safe, accessible, and central.  Requests for a change may be made in writing to the Transportation Director. The Transportation Director will review each request and render a written decision to the family, after consulting with the  Superintendent and the Business Manager.

Childcare centers are defined as businesses that provide childcare for more than three (3) children.  Requests for transportation to and from childcare centers must be made annually by the owner of the center.  Each request will be considered by the Transportation Director who will render a written approval when such transport is reasonable and possible.

Bus Operations

  1. School buses shall operate only on town approved or maintained roads.
  2. It is the parents' responsibility to make arrangements for getting the student to the bus stop five to ten minutes before the scheduled pick up.
  3. No bus shall pick up or discharge students outside the district. Buses shall not be rerouted to accommodate child care situations.
  4. Students riding a school bus shall always ride from their designated bus stop to school and from school to their designated bus stop. Any exception to this rule requires written permission signed by the parent and approved by the principal after consulting with the Transportation Director as to the availability of space on the bus. Parents are encouraged to submit requests at least 24 hours prior to the requested change. In emergency situations, a principal may authorize a request made via phone by informing the bus driver in writing of the approved request. The Transportation Director will inform the principals at the beginning of each school year and as necessary during the year of all buses that have reached their maximum capacity. Opportune riders will not be accepted on these buses.
  5. Students receiving special education services shall be transported as determined by IEP decision.
  6. A late bus will operate to provide limited transportation for students who stay late for school-sponsored activities.  The routes will not replicate the normal runs, but rather provide service to central locations within each town. The late bus run may not accommodate the needs of all students. It will be the responsibility of the parents or child care providers to provide alternate transportation for students who need a stop outside the late bus route.
  7. Timeliness of transportation runs is important but extenuating circumstances may result in longer than usual runs.  Examples of extenuating circumstances include but are not limited to weather conditions, driver shortages, traffic and new students.

Special Bus Usage 

1. The Board will approve special requests for bus usage by municipally operated programs under the following conditions:

 a. The municipality will obtain Board approval in advance of the event;

b.  An hourly fee, according to the fee schedule as established annually by the Board, will be assessed for each bus             used;

c. The Board may waive the fee for special town-sponsored events;

d. The municipality is responsible for any vandalism or accidental damage done to the bus.

2. The Superintendent of Schools will approve the use of buses for trips sponsored by student groups. The group will be assessed the cost of the driver's salary, benefits and the cost of fuel. The student group will be responsible for any vandalism or accidental damage done to the bus.

3. Only persons employed by MSAD #35 and properly licensed by the State of Maine will be allowed to drive a district bus.

 

Cross References: Student Conduct on Buses JICC

                               Student Code of Conduct JICDA


Policy Adopted: December 20, 1995

Policy Revised: June 4, 1997, June 16, 1999, March 5, 2003,  December 20, 2006, March 16, 2022, January 18, 2023

Section E – Support Services

EEAEAA - Drug and Alcohol Testing of School Bus Drivers

EEAEAA - Drug and Alcohol Testing of School Bus Drivers

In accordance with the federal Omnibus Transportation Employee Testing Act of 1991, in addition to other pertinent state and federal laws promulgated to effectuate a drug and alcohol free workplace, the Board is committed to the establishment of an alcohol and controlled substance testing program for school bus drivers, in addition to any other employees who drive vehicles to transport sixteen (16) or more passengers, including the driver.

The purpose of the testing program shall be to help prevent accidents, injuries and deaths resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions. The Superintendent shall be responsible for the implementation of an alcohol and drug testing program consistent with federal regulations and shall implement additional administrative procedures to assist and further the implementation of the federal mandates regarding alcohol and controlled substances testing as he/she deems necessary. 



26 MRSA §§ 681(8)(B); 685(2); 689


Adopted: December 16, 2009

Section E – Support Services

EEAEAA-R - Drug and Alcohol Testing of School Bus Drivers - Administrative Procedure

EEAEAA-R - Drug and Alcohol Testing of School Bus Drivers - Administrative Procedure

The Board of Directors of M.S.A.D. #35 is committed to the establishment of an alcohol and controlled substance testing program that meets all applicable requirements of the federal Omnibus Transportation Employee Testing Act of 1991, in addition to pertinent state laws and regulations. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions.

The following administrative procedure represents a summary of the main provisions found in federal regulations promulgated to effectuate drug and alcohol testing of bus drivers. The following procedure in no way attempts to modify said regulations, which should always be referred to when questions as to the implementation of this policy/ procedure arise.

I.      Applicability

All persons operating a commercial motor vehicle in commerce in any state and subject to the commercial driver’s license requirements mandated under both federal and state laws, including the Omnibus Transportation Employee Testing Act of 1991, shall be subject to the drug and alcohol testing provisions herein contained.

II.     Implementation

The Superintendent shall be responsible for implementing a drug and alcohol testing program that complies with procedures set forth in Title 49 Parts 40, 382, 390 and 395 of the Federal Code of Regulations. Such testing program shall include pre-employment/pre-duty drug testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty, and follow-up testing. M.S.A.D. #35 shall provide parties subject to testing with written notice of materials and information available to them as required by Part 382. 

III.   Controlled Substances 

Controlled substances in this policy/procedure refer to those covered by the Omnibus Transportation Employee Testing Act of 1991, including marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).

IV.   Safety - Sensitive Function

Safety-sensitive function(s) in this policy/procedure refer to functions defined in 49 CFR §382.107 and §395.2 On-Duty Time, paragraphs (1) through (6).

V.    Prohibitions 

        All drivers subject to this policy shall be prohibited from:

A. Using any alcohol while on duty and four (4) hours prior to going on duty:

B. Possessing alcohol while on duty;

C. Reporting for duty or remaining on duty while having an alcohol concentration of 0.02 or greater;

D. Using any alcohol for eight (8) hours following an accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first;

E. Refusing to submit to a required alcohol or controlled substance test(s); 

F. Reporting for duty or remaining on duty when using any controlled substance, except when use is pursuant to the instructions of a physician who advised the driver that the substance does not adversely affect the driver’s ability to safely operate the vehicle; and

G. Reporting for duty, remaining on duty, or performing a safety-sensitive function, if the driver tests positive for a controlled substance. 

VI.   Required Testing 

A. Pre-Employment Testing  

Prior to the first time, a driver performs a safety-sensitive function for M.S.A.D. #35, the driver shall undergo testing for controlled substances. However, no driver shall be subjected to pre-employment controlled substance testing prior to having been offered a position. Employment is conditioned upon a verified negative controlled substance result. 

B. Post-Accident Testing

As soon as practicable following an accident, each surviving driver will be subject to alcohol and controlled substance testing as follows: 

  1. Any driver performing safety-sensitive functions with respect to the vehicle if the accident involved loss of human life;
  2. Any driver who receives a citation under State or local law for a moving violation arising from the accident; and 

a. Causes bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

b. Incurs disabling damage as a result of the accident, requiring a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

3. In addition, the following provisions will also apply.

A. Alcohol.  If a test required under this section is not administered within two (2) hours following the accident, M.S.A.D. #35 shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test is not administered within eight (8) hours following the accident, M.S.A.D. #35 shall cease attempts to administer the test and shall prepare and maintain the same record. Records shall be submitted to the Federal Highway Administration (FHWA) upon request of the Associate Administrator. 

B. Controlled Substances.  If a test required by this section is not administered within thirty-two (32) hours following the accident, M.S.A.D. #35 shall cease attempts to administer the test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator.

C. Random Testing.  All drivers subject to this policy/procedure will be subject to random and unannounced alcohol and controlled substance testing throughout the year. The minimum annual percentage rate for testing of bus drivers is as follows: 

  1. Random alcohol testing shall be a minimum of 10 percent of the number of driver positions each selection period; and
  2. Random controlled substance testing shall be a minimum of 50 percent of the number of driver positions in each selection period.

D. Reasonable Suspicion Testing. All drivers subject to this policy/procedure shall submit to alcohol and controlled substance testing when the employer has reasonable suspicion to believe that the driver has violated the prohibitions found in Part V. of this procedure, with the exception of Part V. B. regarding alcohol possession. M.S.A.D. #35 shall base its determination that reasonable suspicion exists requiring the driver to undergo such testing on observations concerning appearance, behavior, speech or body odors of the driver. When controlled substances are at issue, observations may include indications of the chronic and withdrawal effects of controlled substances.

In addition, the following provision also applies.

  1. Alcohol.  Alcohol testing will be performed only if the aforementioned observations are made during, just preceding, or just after the period of the workday when the driver is required to be in compliance. If a test required under this section is not administered within two (2) hours following the reasonable suspicion determination, M.S.A.D. #35 shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required under this section is not administered within eight (8) hours following a determination that reasonable suspicion exists, M.S.A.D. #35 shall cease attempts to administer the test.  M.S.A.D. #35 shall submit to the FHWA records of tests required by this section that were not completed within eight (8) hours according to the mandates of 49 CFR (3).
  2. Controlled Substances,  M.S.A.D. #35 shall create a written record of the observations leading to a controlled substances test. This record shall be written within twenty-four (24) hours or before the results of the test are released and shall be signed by the supervisor or M.S.A.D. #35 official making said observations. 

E.     Return-to-Duty Testing

Prior to returning to duty requiring the performance of safety-sensitive functions when a driver has engaged in conduct prohibited under this policy/procedure (if no termination of employment has occurred), the driver shall undergo a return-to-duty alcohol and/or controlled substances test(s) as appropriate.

Drivers found to have engaged in prohibited conduct under the alcohol provisions of this policy/procedure will not be permitted to return to duty unless the subsequent alcohol test reveals a result less than or consistent with federal and state standards. In cases involving controlled substances, a verified negative result is necessary before a driver may return to duty.

F.     Follow-up Testing        

In the event that a driver has been found to have been in violation of the prohibitions herein contained and is identified as requiring assistance in resolving problems associated with alcohol and/or controlled substances, M.S.A.D. #35 shall require the driver to submit to at least six (6) unannounced follow-up alcohol and/or controlled substances tests during the first twelve (12) months after returning to duty.  Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to duty. Follow-up alcohol testing shall be conducted only when the driver is performing, just before, or just after ceasing to perform safety-sensitive functions.

VII.  Refusal to Submit to Testing

All drivers who are required by federal regulations to submit to drug/alcohol testing must do so immediately upon being directed to submit to the test(s). A driver’s refusal to submit to testing will subject the driver to immediate removal from the performance of safety-sensitive functions. In addition, failure to comply with Federal regulations or this procedure is grounds for disciplinary action up to and including dismissal. Any of the following actions on the part of a driver constitutes a refusal to submit to a test:

A. Failure to provide adequate specimens/samples of substance(s) undergoing testing, including but not limited to breath and urine, without a valid medical reason;

B. Engaging in conduct which obstructs the testing process; and

C. Refusal by an employee to complete and sign testing forms. 

VIII. Training for Supervisors

M.S.A.D. #35 will assign persons who will be designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Part 382, with at least sixty (60) minutes of training on alcohol misuse and receive at least an additional sixty (60) minutes of training on controlled substances. Training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.

IX.   Enforcement

M.S.A.D. #35, in its independent authority as an employer, shall subject any driver who violates this policy/procedure or Federal regulations to potential disciplinary action up to and including dismissal, except to the extent that any state law requires otherwise. 

In addition, any driver who refuses to submit to a post-accident, random, reasonable suspicion, return-to-duty or follow-up test(s) shall not perform or continue to perform safety-sensitive functions.

Furthermore, no driver tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions including driving a commercial motor vehicle until the start of the driver’s next regularly scheduled duty period, but not less than twenty-four (24) hours after the test was administered.

X.    Records

Employee drug and alcohol tests and results shall be maintained under strict confidentiality in a secure location with controlled access and released only in accordance with law. A driver, upon written request, shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug tests. Records shall be made available to subsequent employers or other identified persons only when expressly requested in writing by the driver. 

XI.   Notifications

Each driver shall receive educational materials prior to M.S.A.D. #35’s commencement of alcohol and controlled substances testing.  Such material will explain the requirements of the Code of Federal Regulations, Title 49 Part 382, and contain a copy of the Board’s policy and administrative procedures for meeting these requirements. M.S.A.D. #35 shall also include a statement certifying that the driver has received the informational material and M.S.A.D. #35 will maintain an original signed copy of the statement on file.

In addition to the aforementioned items, M.S.A.D. #35 shall also make available to drivers information which shall identify:

A. The person designated by M.S.A.D. #35 to answer questions about the materials;

B. The procedures that will be used to test for the presence of alcohol and controlled substances; protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;

C. Information concerning the effects of alcohol and controlled substances on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substance problem (the driver’s or co-worker’s); and available methods of intervening when an alcohol or controlled substances problem is suspected, including confrontation, referral to any employee assistance program, and/or referral to management.

XII.  Referral, Evaluation, and Treatment 

A. Referral.  A driver who has engaged in conduct prohibited by this policy/procedure shall be advised by M.S.A.D. #35 of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances. The information the bus driver receives will include:  names, addresses, and telephone numbers of substance abuse professionals, counseling and treatment programs, in addition to information relating to his/her responsibility with regard to payment of such services.

B. Evaluation/Treatment.  A driver who engages in such prohibited conduct shall be evaluated by a substance abuse professional who shall determine what assistance or treatment if any, the employee needs in resolving controlled substance(s) use.

XIII. Return To Duty

If M.S.A.D. #35 has not discharged a driver due to his/her engagement in prohibited conduct under this policy/procedure, the bus driver must, prior to returning to safety-sensitive duties:

A. Undergo return-to-duty testing and obtain an alcohol concentration level of less than 0.02 and/or a verified negative test for controlled substances;

B. Have been evaluated by a substance abuse professional; and

C. Have followed prescribed and/or recommended treatment.

XIV. Other Policies/Procedures

Nothing contained in this administrative procedure shall prevent the Board from establishing and enforcing independent policies and procedures relating to the possession, being under the influence of, distribution, sale or use of alcohol or controlled substances and any misconduct associated therewith and the penalties for violation of those policies/procedures, up to and including dismissal.

 


26 MRSA §§ 681(8)(B); 685(2); 689


Policy Adopted: December 20, 1995

Policy Revised: September 22, 2004

Section E – Support Services

EEAG - Student Transportation in Private Vehicles

EEAG - Student Transportation in Private Vehicles

Since school buses are one of the safest forms of transportation, they should be used to transport students to and from all school-sponsored events to the maximum extent possible. However, the Board recognizes that it is sometimes impossible or impractical to provide school bus transportation and therefore authorizes the use of privately owned vehicles to transport students when, in the opinion of the building principal and with the written approval of the Superintendent of Schools, or his/her designee, it is the most practical or only method of transportation available.

The Superintendent will establish procedures to ensure that any private vehicle used to transport students is in good working order and that the driver has a valid driver’s license and insurance coverage that meets or exceeds all requirements of the law.  Specifically:

1. Private vehicle shall be defined as a privately owned vehicle designed to carry a driver and a maximum of nine passengers, have a current and valid registration, have operable seat belts for all passengers, and have a current state safety inspection for the state in which it is registered. 

2. Driver shall be defined as a school employee who is at least 21 years old, holds a valid U.S. driver’s license, is of good moral character, and has no outstanding driving violations or a history of violations. 

3. The driver agrees to hold the School District, its Board of Directors and employees harmless from any claims, suits, or causes of action arising from any accident or incident occurring during or as a result of transporting the student(s).

4. The driver shall be the owner/operator of the vehicle and meet the following minimum State of Maine insurance requirements:

·  Liability:                     $100,000/$300,000

·  Property Damage:    $25,000

·  Medical Coverage:   $1,000

5. Parents may transport their own children from school-sponsored events outside the district but may not transport other student(s). Exceptions may be granted on a case by case basis with approval of the building principal or his/her designee.

6. In case of emergency, real and imminent danger to persons or property, students may be transported in private vehicles without complying with the above provisions.

  



Policy Adopted: November 17, 1982

Policy Amended: December 20, 1995, October 2, 1996 and August 15, 2007

Section E – Support Services

EF - Nutrition Services: Unpaid Meal Charges and Prohibition Against Food Shaming

EF - NUTRITION SERVICES: UNPAID MEAL CHARGES AND PROHIBITION

 AGAINST FOOD SHAMING

The Board recognizes that some students may have outstanding balances for meal charges from past school years.

The purpose of this policy is to provide oversight in the collection of outstanding student meal balances,  while ensuring that students are not shamed or stigmatized for having unpaid meal charges. 

PROHIBITION ON PUNISHMENT RELATED TO UNPAID MEAL CHARGES

In accordance with 20-A MRSA §6681 the school will not openly identify or otherwise stigmatize a student who has payments due for previous meals.

PROHIBITION ON FOOD SHAMING AND STIGMATIZATION 

The school will not openly identify, differentiate, or otherwise stigmatize a student who has payments due for previous meals.

NOTIFICATION AND COLLECTION OF UNPAID MEAL CHARGES

Schools will not take any action directed at a student to collect unpaid meal charges.

School staff will notify a student’s parent/guardian by phone or email that the student has accrued meal/a la carte charges when their account has reached a negative balance. 

School staff will offer assistance with completion of the application for free and reduced price meals (if application is required by law or regulations) to determine if there are other issues within the household resulting in the child having insufficient funds, offering any other assistance that is appropriate. 

A second attempt will be made if the balance remains outstanding after 14 days of the first notification with a follow up in writing.

If the balance remains outstanding after 30 days of the second attempt, the school will work with the parent/guardian to develop a plan. If the balance continues to remain outstanding, school staff will follow such guidelines as may be developed by the Maine Department of Education for the collection of student meal debt, or take such action as deemed appropriate within the limits of applicable law and/or regulations.

 

20-A MRSA § 6681


Policy Adopted:  March 20, 2024




Section E – Support Services

EFE - Competitive Food Sales/Sales of Foods in Competition with the School Nutrition Program

EFE - Competitive Food Sales/Sales of Food in Competition with the School Nutrition Program

The Board recognizes that proceeds from the sale of foods and beverages outside of the School Nutrition Program (“competitive foods”) are a significant source of funds for student activities that MSAD #35 might not otherwise be able to provide.

“Competitive food” means all food and beverages other than those reimbursed under programs authorized by the National School Lunch Act and the Child Nutrition Act that are available for sale to students on the school campus during the school day.

At a minimum, all competitive food sold to students on the school campus during the school day must meet the nutrition standards specified in 7 CFR § 210.11.

A special exemption may be allowed for the sale of food and/or beverages that do not meet these standards for the purpose of conducting an infrequent school-sponsored fundraiser.  No specially exempted fundraiser foods or beverages may be sold in competition with school meals during the meal service.

When foods and beverages are sold to attendees at community events sponsored by the school or held on school property, students, staff, parents, or school-sponsored organizations involved in such sales are encouraged to include at least some healthy food choices.

Funds from Sales of Competitive Foods

Funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the school’s nonprofit school nutrition program, except that funds raised through authorized sales outside the total food service program shall accrue to the sponsoring school or approved student organization in accordance with applicable policies, cash-management procedures, and administrative directives, or to the sponsor of a community event that is held on school property in accordance with the Board’s facilities use policy.


20-A MRSA §§, 7 CFR § 210.11

Cross References: 

JJE - Student Fundraising Activities

JL - Student Wellness                          


Policy Adopted: December 21, 2005

Policy Reviewed: April 25, 2018; February 12, 2020

Policy Revised: December 16, 2009; March 20, 2024

 

Section E – Support Services

EGAD - Copyright Compliance


EGAD - Copyright Compliance

The Board expects all employees and students in M.S.A.D. #35 to comply with the federal copyright law and guidelines.  Employees and students who willfully disregard the law/guidelines and the Board’s copyright policy and procedure do so at their own risk. M.S.A.D. #35 will not extend legal and/or insurance protection to employees or students for willful violations of this policy. Such violations may also result in disciplinary action.

The Superintendent is responsible for implementing this policy and the accompanying administrative procedure. The Superintendent may delegate specific responsibilities to building principals and others as he/she deems appropriate. 

M.S.A.D. #35 will take the following steps to discourage violations of the copyright law in M.S.A.D. #35:

    1. All instructional staff and administrators shall receive a copy of this policy and the accompanying administrative procedure.

    2. Copyright notices shall be posted within view of copying equipment.

    3. Teachers and library media specialists shall be responsible for informing students about the legal and ethical issues raised by copyright infringement and illegal use of copyrighted materials.

17 U.S.C. § 101 et seq. (The Copyright Act of 1976)

P.L. 107-273 (The TEACH Act of 2002)

Cross Reference:

GSCA/GCSA-R  – Employee Computer and Internet Use

IJND – School Website Policy

IJNDB/IJNDB-R – Student Computer and Internet Use                          

Policy Adopted: June 19, 2013

Policy Revised: June 21, 2023

Section E – Support Services

EGAD-R - Copyright Compliance Administrative Procedure

This administrative procedure summarizes the major provisions found in the federal copyright law and guidelines concerning reproduction of copyrighted works by educators. This summary is not intended to replace the law/guidelines, which should be referred to when questions regarding implementation arise. 

 Instructional staff teaching any form of distance learning or online course must carefully review and comply with Part III of the procedure in addition to all other parts.

I.      General Rule and Copyright Ownership

Presumption of copyright.  Works, in any medium (written, recorded, computer-stored, etc.), should generally be presumed to be protected by copyright law, regardless of whether the work displays a copyright notice, the symbol “©,” or other express reservation of rights. 

Rule against copyright violations.  Except as otherwise permitted by this policy and applicable law, school employees shall not reproduce, perform or display copyrighted works without permission of the owner.

U.S. Government works.  United States government works are not subject to copyright protection, and may freely be copied. 

Public domain.  Works that are in the public domain due to expiration of copyrights, as provided by law, may be freely reproduced, performed or displayed.

Student works.  Students are the owners of exclusive rights in works that they create.

Works made for hire.  Works created by school employees in the course and scope of their employment are “works made for hire,” and MSAD #35 retains exclusive rights in such works unless otherwise agreed in writing by the school board.

 Distance learning.  All rights in works created by school employees in the course of teaching distance learning courses are owned by MSAD #35 that employs the individual(s) who created the work unless otherwise agreed in writing by the employing MSAD #35.

II.    Definitions

A. “FAIR USE”

    1. The purpose and character of the use, including whether such use is of a  commercial nature or is for nonprofit educational purposes;
    2. The nature of the copyrighted work;
    3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    4. The effect of the use upon the potential market for or value of the copyrighted work.

B. “FACE-TO-FACE INSTRUCTION”

Performance or display of any copyrighted work by teachers or students without permission from the copyright holder is permissible under the following circumstances:

    1. The work must be performed or displayed in a face-to-face setting by a teacher or by students; and
    2. The performance or display must be in the course of teaching activities, in a classroom or a similar educational setting.

Examples of performances or displays falling under this exception include reading a play in a classroom, singing a song in a classroom or showing a filmstrip or video (provided that it has been purchased or lawfully copied).

The following sections summarize the permissible or “fair use” of different types of copyrighted works. Because the law and technological applications continue to evolve, MSAD #35 employees are responsible for ensuring that the intended use of materials does not conflict with the copyright law/guidelines and for informing students of such issues as appropriate. 

III.   Distance Education: Transmission of Performances and Displays to Remote Sites

The following may be transmitted by any device or process, including interactive television or Internet courses:

A. The performance or display is made by, at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of instructional activities;

B. The performance or display is directly related and of material assistance to the  teaching content of the transmission;

C. The transmission is made solely for, and, to the extent technologically feasible, the reception of such transmission is limited to students officially enrolled in the particular course and employees of MSAD #35 as part of their duties;

D. Technological measures are implemented that reasonably prevent retention of the work in accessible form by recipients of the transmission for longer than the class session and prevent unauthorized further dissemination of the work in accessible form by such recipients to others;

E. There is no interference with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination of materials; and

F. Students in such courses must be given notice that materials used in connection with the course may be subject to copyright protection.

IV.   Print Materials

A. Permissible Uses

    1. A single copy of the following made for use in teaching or in preparation to teach a class:

A. A chapter from a book;

B. An article from a periodical or newspaper;

C. A short story, short essay or short poem, whether or not from a collective work; and

D. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

2. Multiple copies made for classroom use (not to exceed one copy per student in a course) from the following: A complete poem, if it has fewer than 250 words and does not exceed two printed pages in length, or an excerpt of not more than 250 words from a longer poem;

A. A complete poem, if it has fewer than 250 words and does not exceed two
printed pages in length, or an excerpt of not more than 250 words from a
longer poem;

B. A complete article, story or essay of less than 2,500 words;

C. Prose excerpts not exceeding 10 percent of the whole or 1,000 words, whichever is less;

D. One chart, graph, diagram, cartoon or picture per book or per issue of a periodical; and

E. An excerpt from a children’s book containing up to 10 percent of the words found in the text and not more than two printed pages of the published work.

3. One transparency for classroom instruction may be made from consumable materials such as workbooks, exercises, activity sheets, etc.

4. All permitted copying must include appropriate credits, including the author, title, date, copyright notice and any other pertinent information.

B.    Prohibited Uses

      1. More than one work or two excerpts from a single author copied during one class term;
      2. More than three works from a collective work or periodical volume copied during one class term;
      3. More than nine sets of multiple copies made for distribution to students in one class term;
      4. Copies made to create, replace or substitute for purchasing anthologies or collective works;
      5. Copies made of “consumable” works, such as workbooks, exercises, standardized tests and answer sheets (except as noted in A.3 above);
      6. The same work copied from term to term;
      7. The same material copied for more than one particular course, or copied every time a particular course is offered unless permission is obtained from the copyright owner;
      8. Copies made when there is sufficient time prior to the intended use to obtain permission from the copyright owner; and
      9. No charges may be made to students beyond the actual cost of photocopying.

V.    Computer Software

A. All software is protected by copyright law.  Any unauthorized copying of software is illegal and may subject the copier to substantial civil or criminal penalties.

B. All software purchased for use in MSAD #35 must be approved by Building Supervisor/Designee.  Only the Building Supervisor/Designee may obtain and sign software licensing agreements and duplication rights agreements.  All terms of such licensing/duplication agreements must be observed by all MSAD #35 employees and students.

C. Software purchased by MSAD #35 for classroom, lab, media center, and office use remains the property of MSAD #35 and may be used only in school-sponsored programs and activities.

D. The Technology Coordinator is responsible for reviewing and supervising compliance with all software license agreements.  The Technology Coordinator shall retain all license agreements and modifications thereto.

E. Permissible Uses:

      1. One archival (backup) copy of copyrighted software may be made by authorized employees (unless a licensing agreement prohibits copying for any purpose);
      2. Software may be used on a networked computer system as authorized by the license or if written permission is obtained from the owner;
      3. Software may be loaded on multiple equipment to the extent authorized by the license or if written permission has been obtained from the owner; and
      4. Preview software may be evaluated for a reasonable evaluation period before being purchased or returned.

F. Prohibited Uses:

      1. Illegal copies of copyrighted software programs made or used on school equipment;
      2. Copies made of preview software;
      3. Use of software on a networked computer system not intended for network use without written permission from the owner;
      4. Multiple loading of software not specifically licensed for multi-loading without written permission from the owner;
      5. Multiple copies made of copyrighted software (beyond an authorized archival copy);
      6. Making any unlicensed copies of printed documentation accompanying copyrighted software;
      7. Making unlicensed copies of software for sale, loan, transmission or gift to other users; and
      8. Copies made of locally produced adaptations or modifications of copyrighted software for any purpose.

G. Unauthorized copying. 

Any employee or student who becomes aware of unauthorized copying of school software shall inform the Building Supervisor/Designee.

VI.   Internet

The rights of the owner of copyrighted material on the Internet are the same as the rights of the owner of traditional materials.  Unless there is a clear statement that art, photos, text, and sounds are “public domain” and available for free use, it should be assumed that the material is copyrighted.  All the criteria for “fair use” apply to works on the Internet just as they apply to other materials.  The ease of copying materials from the Internet should not be used as an excuse for violating copyrights.

VII. Off-Air Television Recording

A.    Permissible Uses

      1. Off-air recordings may be made only at the request of and used by  individual teachers;
      2. Off-air recording of broadcast programs available to the general public without charge may be made and retained for a period not to exceed 45 calendar days after the date of recording.  The following additional requirements must also be met:

A. The recording may be used once by the individual teachers in the course of relevant teaching activities and repeated once during the first 10 consecutive school days in the 45-day retention period.

B. Following the first 10 consecutive school days, the recording may only be used for teacher evaluation purposes (i.e., to determine whether the broadcast program should be included in the curriculum).

C. Following the 45-day retention period, the recording must be erased or destroyed immediately unless written permission is obtained from the copyright owner to keep and use the program in teaching/learning activities.

D. A limited number of copies may be produced from each off-air recording to meet the legitimate educational needs of teachers.  Such copies are subject to the same guidelines as the original copy.

3. An off-air recording need not be used in its entirety, but the recording may not be altered, edited, combined or merged.  All copies must include the copyright notice of the broadcast program

B.    Prohibited Uses

      1. Recording broadcast programs in anticipation of requests;
      2. Recording broadcast programs when there is sufficient time prior to the scheduled program to obtain permission from the copyright owner;
      3. Recording programs from pay/satellite television channels (HBO, Cinemax, Disney, etc.);
      4. Using or retaining recordings beyond the 45-day retention period without written permission;
      5. Recording the same program more than once for the same teacher (regardless of how many times the program may be broadcast); and
      6. Altering the program from the original content in any way (although the entire program need not be viewed)

VIII. Use of Pre-recorded Videos

Pre-recorded videos include commercially available videos marked “For Home Use Only” (such as feature films), including VHS tapes, DVD disks, filmstrips, etc.

        A.    Permissible Uses

Pre-recorded videos may be used in “face-to-face instruction” provided that the viewing utilizes a lawfully-made copy rented or purchased by MSAD #35.

        B.    Prohibited Uses

    1. Videos may not be used for entertainment, filler, assemblies, fundraising, public viewing, or any other purpose without written permission of the copyright owner and permission of the building principal.
    2. Videos may not be used when a written contract specifically prohibits use in classroom or direct instruction situations.
    3. Videos may not be borrowed from individuals or other schools.
    4. Videos may not be copied. 

IX.   Music and Theater Performances

Prior written permission must be obtained whenever copyrighted plays and musical numbers are to be performed or whenever copyrighted music is used as part of a performance.

X.    Educational Uses of Music

        A.   Permissible Uses

    1. Emergency copies to replace purchased copies which for any reason are not available for an imminent performance provided that purchased replacement copies shall be substituted in due course.
    2. For academic purposes other than performance, multiple copies of excerpts of works may be made provided that:

a. The excerpts do not constitute a performable unit (section, movement or aria) or more than 10 percent of the entire work;

b. No more than one copy per student in the class is made; and

3. For academic purposes other than performance, a single copy of an entire performable unit (section, movement or aria) may be made by the teacher for scholarly research or in preparation to teach a class provided that:

a. The work is confirmed by the copyright owner to be out of print;

b. The work is unavailable except in a larger work; and

4. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted. Lyrics may not be altered or added if none exist.

5. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by MSAD #35 or an individual teacher.

 6. A single copy of a sound recording (album, tape, cassette or CD) or copyrighted music may be made from sound recordings owned by MSAD #35 or an individual teacher for the purpose of constructing aural exercises or examinations. The copy may be retained by MSAD #35 or an individual teacher.

a. This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.

        B.   Prohibited Uses

    1. Copy to create, replace or substitute for purchasing anthologies, collective works and compilations;
    2. Copy “consumable” works, such as workbooks, exercises, standardized tests, and answer sheets;
    3. Copy for the purpose of performance (except as noted in A.1); and
    4. Copy to substitute for the purchase of music (except as noted in A.1-2).



Legal Reference: 17 U.S.C. § 101 et seq.

P.L. 107-273 (The TEACH Act of 2002) 


Cross Reference: EGAD – Copyright Compliance                  

Policy Adopted: June 19, 2013

Section E – Support Services

Student Transportation in Private Vehicles Form

Student Transportation in Private Vehicles Form

This form is to be completed and forwarded to the Assistant Superintendent of Schools whenever
a private vehicle is used for a school-sponsored activity.


School ___________________________________ Date ________________________

Driver’s Name _________________________________________________________

Driver’s Age ____________ Time of Activity: ___________ Leave ___________

Year and Make of Vehicle __________________ Return ______________________

Purpose of Activity ______________________________________________________

Number of students ________ Destination ______________________________

----------------------------------------------------------------------------------------------------------------

Signatures of the adult and principal on this form indicate that all procedures found in district
policy have been followed. Verification of vehicle safety, driver’s license and insurance
requirement will be made by the school principal.

In addition, a letter explaining the activity will be forwarded to the parent of each student
involved which will be returned to the school with the parent’s signature.

----------------------------------------------------------------------------------------------------------------

Adult Driver ___________________________________________________________

Principal ______________________________________________________________

Assistant Superintendent ________________________________________________

Section E – Support Services

EFBA - Menu Development/Options: Offer vs. Serve Lunch Concept

EFBA - MENU DEVELOPMENT/OPTIONS—OFFER VS. SERVE LUNCH CONCEPT

The “Offer vs. Serve Option” is designed to be more economical for the school unit and result in less waste.  All lunches offered must contain five food items, but students have the freedom of choice in selecting the three, four or five items they intend to consume.  They may refuse up to two items.  All breakfasts offered must contain four food items, but students have the freedom to refuse one food item.

The Offer vs. Serve concept shall be implemented in MSAD #35 schools. The Superintendent/designee shall be responsible for implementing appropriate administrative procedures and communications to carry out this policy in conformance with state and federal regulations and applicable Board policies.



Policy Adopted:  March 20, 2024








 










Section E – Support Services

EFC - School Nutrition Services: Free School Meals for All Students

EFC - SCHOOL NUTRITION SERVICES: FREE SCHOOL MEALS FOR ALL STUDENTS

The Board recognizes that sound nutrition is essential to students’ physical and social-emotional well-being and their readiness to learn.

MSAD #35 will participate, as feasible, in the National School Lunch Program and School Breakfast Program and other food programs (e.g. After School Snacks and summer food programs) reimbursable through federal funds.

Beginning with the 2022-2023 school year, in accordance with Maine State Law, MSAD #35 will provide free school meals to all students regardless of family income. Such meals will meet the nutritional requirements established in federal regulations.

In order to maximize funding for schools and to be able to identify additional benefits for which families may be eligible, parents will be asked to complete an application for free and reduced price meals.

Students are still free to bring their own breakfast or lunch to school and/or to purchase a la carte items. All a la carte items must be paid for in advance or at the time of purchase. 

In the event of a change in State statute, the District reserves the right to rescind this policy to ensure financial responsibility.



20-A MRSA § 6601 et seq.

Cross-Reference:

EFBA – Menu Options/Offer vs. Serve

EF – Nutrition Services: Unpaid Meal Charges and Prohibition on Food Shaming  



Policy Adopted:  March 20, 2024




Section E – Support Services

EBCB - Emergency Evacuation Drills

EBCB - EMERGENCY EVACUATION DRILLS 

 

In order to protect the safety of students and school personnel and in compliance with Maine Department of Education regulations, schools at all levels K-12 are required to hold two emergency evacuation drills during the first two weeks of school.  Schools enrolling grades K-4 will hold an additional eight emergency evacuation drills during the year; schools enrolling grades 5-8 an additional six emergency evacuation drills; and schools enrolling grades 9-12 an additional four emergency evacuation drills.  Schools enrolling any combinations of these grade levels will hold the additional number of emergency evacuation drills required of the lowest grade level within the span, except that the local fire chief may increase the number of drills required.  Results shall be recorded and deficiencies noted and corrected.

Emergency evacuation procedures will be incorporated into the school unit’s emergency management plan.  Building principals may seek the advice of local fire, emergency management and law enforcement officials to identify routes that will accomplish the evacuation of their individual school buildings as quickly and efficiently as possible.

Principals shall keep a record of all emergency evacuation drills held in their schools, stating the date and time the drill was held and the time required for evacuation of the building.  This information will be reported to the Superintendent or his/her designee after each drill.  Fire officials will be notified before each drill.

Written procedures for emergency evacuation drills shall be posted in all buildings.

The Superintendent/designee will be responsible for ensuring that school personnel receive an annual orientation concerning emergency evacuation procedures.  The building principal will be responsible for ensuring that teachers familiarize students with designated evacuation routes prior to the first emergency evacuation drill of the school year.

LOCKDOWN DRILLS

Some high-risk situations may result in a lockdown of the school rather than an evacuation.  Each school will hold at least one lockdown drill during the school year.  A lockdown drill should be held during the first two weeks to familiarize students with the procedure.

Written procedures for emergency evacuation drills shall be posted in each building.

BUS EVACUATION DRILLS

Maine Department of Education regulations require that, at least twice a year, students who are transported in school buses be instructed in safe riding practices and participate in emergency evacuation drills.  The building principal working with the Transportation Director will be responsible for arranging the times and locations of such drills.  Bus evacuation drills must be conducted in the school parking lot or other safe location.  The principal and the Transportation Director in consultation with the Special Services Director and/or Section 504 Coordinator, will determine appropriate evacuation procedures for students with disabilities.  The first bus evacuation drill will occur within the first two weeks of the school year.    

 

Ch. 125 § 10.2 (Me. Dept. of Ed. Rule)

Ch. 81 § 2(B) (Me. Dept. of Ed. Rule)

Resolve Ch.2, 127th Leg., 1st Session (Me 2015)


Cross Reference:

EBCA – Comprehensive Emergency Management Plan (Crisis Response Plan)

 

Policy Adopted: April 10, 2024

 

Section F – Facilities

Section F – Facilities

FF - Naming New and Existing Facilities

FF - Naming New and Existing Facilities

The Board believes that the naming of a school facility is a matter of importance that deserves thoughtful attention.

The Board considers facilities to include, but not be limited to, buildings, athletic fields, stadiums, gymnasiums, libraries, and multi-purpose rooms. In selecting a name, the Board may consider individuals, geographical locations, general features of the area in which the school or facility is located and other names that are deemed appropriate by the Board. If the facility is named for an individual, that individual must have made an outstanding contribution to the community, region, state or nation. 

While the Board is responsible for the naming and renaming of all school facilities, the Board directs the Superintendent to establish a committee composed of administrators, parents, community members, employees, a Board member and, when applicable, students to suggest names. Although the Board will consider all recommendations, final authority rests with the Board.

The following guidelines apply to the naming of school facilities: 

A. Names should have special meaning to citizens and be supportive of educational and community values; 

B. The traditions of the facility and its intended use should be considered; 

C. Facilities may not be named for businesses or organizations;

D. When naming discrete areas within a facility, similar considerations apply, keeping in mind the relative significance of the area to the entire facility;

E. As an alternative, the committee may consider a plaque to recognize significant contributions to MSAD #35.

 


Policy Adopted: July 25, 2007

Policy Revised: February 24, 2010

Section G – Personnel

Section G – Personnel

Appendix A - Informed Consent/Decline for Hepatitis B Vaccination - Bloodborne Pathogen Policy

Appendix A - Informed Consent/Decline for Hepatitis B Vaccination

I, the undersigned employee, have read information about Hepatitis B and the Hepatitis B vaccine. I understand that due to my occupational exposure to blood or other potentially infectious materials, I may be at risk of acquiring Hepatitis B Virus (HBV) infection in the workplace. I have been given the opportunity to be vaccinated with Hepatitis B vaccine, at no charge to myself.

I further understand the risks involved in making this decision and I agree that MSAD #35, its agents and employees, who are required by law or regulation to make the Hepatitis B Vaccine available to me, are not legally responsible or liable for the side effects that may occur as a result of my accepting/not accepting the Hepatitis B Vaccine.

_____ I have opted to decline the Hepatitis B Vaccine at this time, I have already had the Hepatitis B Vaccine.

_____ I agree to accept the Hepatitis B Vaccine, given in three (3) doses over the next 6 months. (If you are pregnant or breastfeeding, it is advisable that you consult with your doctor before taking the Hepatitis B series/)

_____ I have opted to decline the Hepatitis B Vaccine at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with Hepatitis B Vaccine, I can receive the vaccination series at no charge to me.

  

Print Name: ______________________________ Title: ____________________

Signature:   ______________________________ Date: ____________________

School:   ________________________________________________________

Witness: ______________________________ Date: _____________________





Hepatitis B Virus/Vaccine

 

For Your Information - Please Read Carefully

 

The Disease - Hepatitis B is a viral infection caused by the Hepatitis B virus which causes death in 1% to 2% of patients infected. Most people with Hepatitis B recover completely but approximately 5% to 10% become chronic carriers of the virus. Most of these people have no symptoms but can continue to transmit the disease to others. Some may develop chronic hepatitis or cirrhosis. Carriers also run a high risk of developing primary liver cancer and pregnant carriers transmit the HBV through the placenta with some 90% of infected infants becoming carriers.

 

Simple, Effective Solution - Fortunately, now, there is a simple way to prevent HBV infection. The Center for Disease Control (CDC) recommends vaccination for anyone frequently exposed to blood or other body fluids in the workplace. Your individual risk is directly related to how often you are exposed to blood and other body fluids.

 

The Vaccine - The Hepatitis B Vaccine currently used is a noninfectious vaccine made from bread yeast (Saccharomyces cerevisiae). When injected into the deltoid muscle, the hepatitis vaccine has induced protection levels of antibody in more than 90% of the healthy individuals who received the recommended three doses of the vaccine. Persons with immune-system abnormalities have less response to the vaccine. Full immunization requires three doses of vaccine over a six month period. There is no evidence that the vaccine has ever caused Hepatitis B. However, persons who have been infected with Hepatitis B virus prior to receiving the vaccine may go on to develop clinical hepatitis in spite of immunization. The duration of immunity is unknown at this time.

 

Possible Adverse Side Effects - the incidence of side effects is very low. No serious side effects have been reported with the vaccine. Some people have experienced:

        



 


Section G – Personnel

Appendix B - Universal Precautions - Bloodborne Pathogen Policy

Appendix B - Universal Precautions

In order to provide a consistent approach in managing body substances from all students and staff, and reduce the risks of exposure to bloodborne pathogens, the practice of Universal Precautions shall be followed by all employees at all times, regardless of the situation. All blood and body fluids shall be considered potentially infectious. Universal Precautions shall apply to all blood/blood components and body fluids.

Universal Precautions 

  1. Wash hands and work surfaces frequently 
  2. Avoid contact with sharp objects
  3. Use gloves and other personal protective equipment when you anticipate exposure to blood or other bodily fluids
  4. Wash your hands immediately after exposure
  5. Dispose of hazardous material safely using engineering controls (i.e. sharps box for used needles)
Section G – Personnel

Appendix C - Medical Evaluation and Follow-Up - Bloodborne Pathogen Policy

Appendix C - Medical Evaluation and Follow-Up 

Employee Name: __________________________________________ 

Date of Exposure: _________________  

To be completed by Health Care Provider: 

Blood collected and Tested:  _______HBV ______HIV ______Declined Blood Testing 

Hepatitis B  ________ No prior Hepatitis B vaccination

________ HBIG (Hepatitis B Immune Globulin) given

________ HBV vaccinated - received 3 doses prior 

________ HBV series started

 HIV              ________ Risk counseling offered

 

Comments:___________________________________________________________

____________________________________________________________________

 

Post Exposure Medical Evaluation Completed by:____________________________ 

Print Name: __________________________________________________________ 

Signature: ___________________________________________________________

Date: _____________________

 

Section G – Personnel

GAB - Job Descriptions

GAB - Job Descriptions

In order for the school unit to function most efficiently and effectively, the duties and responsibilities for each position, along with the criteria (skills, knowledge, and abilities) required to perform those duties, shall be set forth in written job descriptions.

The Superintendent is responsible for job description development, as well as review/revision as warranted, but not less often than every five years.  Development, reassessment, and revision of job descriptions shall include input from people affected by the position to ensure that the information contained is relevant to the position.

Before any new position is established, the School Board or Superintendent/designee will approve a job description for the position. Job descriptions for teachers or administrators will be approved by the Board. All job descriptions will specify the qualifications and performance responsibilities required.

 

20-A MRSA § 1001(13)

 

Policy Adopted: February 24, 2010

Policy Revised:  November 15, 2023

Section G – Personnel

GBEBA - Staff Conduct, Ethics, and Attire

GBEBA - Staff Conduct, Ethics, and Attire

The MSAD #35 Board of Directors reaffirms one of the oldest beliefs in education:  One of the best methods of instruction is that of setting a good example. 

The Board expects that the staff of the district will strive to set the kind of example for students that will serve them well in their own conduct and behavior which will contribute toward an appropriate school atmosphere. 

To that end, in dress, conduct, language and interpersonal relationships all staff should recognize that they are being continuously observed by students while on duty or attending school functions and their actions and demeanor will be reflected in the conduct of the students.

The Superintendent of Schools and building Principals shall assume the major responsibility for interpreting this policy.

Staff Conduct

All MSAD # 35 staff members have a responsibility to make themselves familiar with and abide by, the laws of the State as these affect their work, and the policies of the Board.   

The following specific responsibilities will be required.

  1. Faithfulness and promptness in attendance at work.

  2. Support and enforcement of policies of the Board and the regulations of the school administration.

  3. Diligence in submitting required reports at the time specified.

  4. Care and protection of school property.

  5. Concern and attention for their own and the school system’s legal responsibility for the safety and welfare of students, including the need to ensure that students are under supervision at all times.

  6. Careful attention to all professional duties.

  7. Conduct should be such to protect the person’s integrity and/or reputation and that of the school district.

  8. Honesty, integrity, and fairness must be exhibited by each employee when engaging in any activity concerning the school district. 

Staff Ethics

The MSAD #35 Board of Directors believes that those who choose education as a career assume the obligation to maintain high standards of ethical behavior. Employees are expected to uphold the following standards:

  1. The placement of the education and welfare of children as the first concern of the school district.

  2. The establishment of cordial cooperation between the community and the school district.

  3. The maintenance of just and courteous professional relationships with students, parents, staff members, and others.

  4. The maintenance of their own efficiency and knowledge of the developments in their fields of work.

  5. The presentation of subject matter in a fair and accurate matter. 

  6. The maintenance of confidentiality regarding student performance and student records, except as disclosure is necessary for professional purposes or is required by law.

  7. Refrain from using school contacts and privileges to promote partisan politics, sectarian religious views, or self-serving propaganda of any kind.

Staff Attire

The MSAD # 35 Board of Directors believes that an appropriate professional appearance of our staff members strengthens the community’s attitude toward the district, public schools, and the teaching profession in general, as well as the conduct, morale, and performance of the district’s students.

Employees should be readily distinguishable from District students. The dress and grooming of District employees shall be clean, neat, in a manner appropriate for their assignments. In addition, employees should regard role modeling of appropriate dress and grooming standards as a part of their professional responsibilities.

Therefore, the staff of MSAD # 35 must exercise good judgment in their choice of professional appearance for work or work-related activities by always appearing in a manner that will invoke a positive impression from the community.

  1. Dress must be appropriate to the situation and job classification.

  2. Attire must provide appropriate role modeling for students. 

  3. Dress/attire must be conducive to high student and staff performance.

  4. Staff should never dress in a way that is prohibited in the student dress code.

  5. Staff attire should represent the authoritative nature of their position.

  6. Clothing which causes a significant distraction to others is prohibited.

  7. Staff members should be physically clean, neat, and well-groomed.

  8. Staff casual days should be determined through a shared decision-making process with final approval granted by the building principal. During staff casual days, employees are still expected to wear clothing that is neat, clean, and in good repair.

  9. Modifications may be made by the building principal to accommodate staff members who are engaged in specialized duties or in specialized activities that require or permit a relaxed mode of dress.

  10. Under Maine law, there shall be no discrimination against employees whose grooming includes hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

Cross Reference:

GCSB-Use of Social Media by School Employees


Policy Adopted: January 2, 2008

Policy Revised:  June 7, 2023

Section G – Personnel

GBEBB - Staff Conduct with Students

GBEBB - Staff Conduct with Students

The Maine School Administrative District No. 35 Board of Directors expects all staff members, including teachers, coaches, counselors, administrators and others, to maintain the highest professional, moral and ethical standards in their conduct with students. For the purposes of this policy, staff members also include school volunteers.

The interactions and relationships between staff members and students should be based upon mutual respect and trust; an understanding of the appropriate boundaries between adults and students in an educational setting; and consistent with the educational mission of the schools.

Unacceptable Conduct 

Examples of unacceptable conduct by staff members that are expressly prohibited include but are not limited to the following:

  1. Any type of sexual or inappropriate physical contact with students or any other conduct that might be considered harassment under the board’s policy on Harassment and Sexual Harassment of Students (ACAA);
  2. Singling out a particular student or students for personal attention and friendship beyond the normal teacher-student relationship;
  3. For non-guidance/counseling staff, encouraging students to confide their personal or family problems and/or relationships. If a student initiates such discussions, staff members are expected to be supportive but to refer the student to appropriate guidance/counseling staff. In either case, staff involvement should be limited to a direct connection to the student’s school performance;
  4. Sexual banter, allusions, jokes or innuendos with students;
  5. Asking a student to keep a secret;
  6. Disclosing personal, sexual, family, employment concerns, or other private matters to one or more students;
  7. Associating with students in any situation or activity that includes the presence of alcohol, drugs, or tobacco or that could be considered sexually suggestive; and
  8. Inappropriately discussing colleagues or administrators with students; and
  9. Addressing students with terms of endearment, pet names or otherwise in an overly familiar manner

MSAD #35 expects staff to create an educational environment that focuses on civic and workplace skills and prepares students of MSAD #35 to occupy the role of citizen. This includes staff creating expectations where students address them in a formal manner and abstain from allowing students to address them in an overly familiar manner including the use of nicknames, terms of endearment or calling the staff member by their first name.

Before engaging in the following activities, staff members will review the activity with their building principal or supervisor, as appropriate: 

  1. Being alone with individual students out of public view;
  2. Driving students home or to other locations;
  3. Inviting or allowing students to visit the staff member’s home (unless the student’s parent approves of the activity, such as when a student babysits or performs chores for a staff member);
  4. Visiting a student at home or in another location, unless on official school business known by the parent;
  5. Communicating with a student outside of school by telephone, computer (such as email, Instant Messenger social networking sites), or letters (beyond homework or other legitimate school related business);
  6. Exchanging personal gifts (beyond the customary student-teacher gifts); and/or
  7. Socializing or spending time with students (including but not limited to activities such as going out for meals or movies, shopping, traveling, and recreational activities) outside of school-sponsored events except as participants in organized community activities.

Staff members are expected to be sensitive to the appearance of impropriety in their conduct with students. Staff members are encouraged to discuss issues with their building administrator or supervisor whenever they are unsure whether particular conduct may constitute a violation of this policy.

Reporting Violations

Students and/or their parents/guardians are strongly encouraged to notify the principal [or other appropriate administrator] if they believe a teacher or other staff member may be engaging in conduct that violates this policy.

Staff members are required to promptly notify the appropriate building administrator or superintendent if they become aware of a situation that may constitute a violation of this policy.

Disciplinary Action

Staff violations of this policy shall result in disciplinary action up to and including dismissal.  Violations involving sexual or other abuse will also result in referral to the Department of Health and Human Services, the District Attorney and/or law enforcement, as well as notification of the Department of Education (Maine law, P.L. Ch. 477 (20-A MRSA Section 13025).

 

 

Cross References: ACAA-Harassment and Sexual Harassment of Students

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

GCSA-R Employee Computer and Internet Use Rules
GCSB-Use of Social Media by School Employees

JLF-Reporting Child Abuse and Neglect

 

Policy Adopted: November 19, 2003

Policy Revised: February 1, 2006, April 16, 2008, February 27, 2019

Section G – Personnel

GBEC - Drug-Free Workplace

GBEC - Drug-Free Workplace

The Board recognizes that alcoholism and drug dependency are treatable diseases. Left untreated, they may result in serious personal and family problems. At the same time, the Board is also seriously concerned about the effects of alcohol and drug dependency upon an employee’s job performance and ability to serve as a role model for our students.

The Board believes strongly that all employees and students should be able to work and learn in an environment free from alcohol and drug abuse. Accordingly, the Board expects all employees to report for work and to perform their duties in a manner that does not jeopardize the health, safety and well-being of co-workers and students.

No employee shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use or be under the influence “bath salts” or other synthetic hallucinogen or of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance (as defined in schedules I through V of section 202 of the federal Controlled Substance Act [21 USC § 812]; by regulation at 21 CFR, § 1300.11 through 1300.15; and in 17-A MRSA, § 1101). This applies before, during and after school hours, at school or in any other school system location, defined as follows:

“School system location” means in any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transports students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school unit; or during any period of time such employee is supervising students on behalf of M.S.A.D. #35 or otherwise engaged in school unit business. 

Any employee who suspects that he/she may have an alcohol or drug dependency problem is strongly encouraged to seek voluntary diagnosis and treatment. The school nurse or the Director of Human Resources will provide the employee confidential referral services to an outside agency upon request and assistance in determining the extent to which insurance coverage to help pay for such services is available. All voluntary referrals shall be kept confidential.

Any illegal use, possession, furnishing, selling or provision of assistance in obtaining “bath salts”, alcoholic beverages or scheduled drugs not covered by the preceding paragraph may, depending upon the circumstances, constitute sufficient grounds for discipline, up to and including dismissal. Referrals under foregoing paragraphs of this policy will not preclude disciplinary action under this paragraph, depending on the circumstances.

As provided in the Drug-Free Workplace Act of 1988, any employee is required to notify the school unit of a criminal or civil conviction for a drug violation occurring in the workplace no later than five calendar days after such conviction. In turn, the Superintendent, within 10 calendar days of learning of such a conviction, is to give written notification to the U.S. Department of Education and to any other federal agency from which the unit receives grant funds.

Appropriate disciplinary sanctions shall be taken against any employee who violates the terms of this school unit’s drug and alcohol policy, up to and including dismissal.

Implementation

The Superintendent shall be responsible for developing and administering appropriate procedures to implement this policy.

Communication

A copy of this policy is to be given or mailed to all current employees and to new employees at the time of their employment and is to be posted in appropriate locations throughout the school system.



Legal Reference: 20 USC § 7101 et seq.  (Safe and Drug-Free Schools and Communities Act)

21 U.S.C. § 812 (Controlled Substances Act)

21 C.F.R. §§ 1300.11-1300.15

Fed. P.L. 101-226 (Drug-free Workplace Act)

17-A MRSA § 1101

22 MRSA § 2390-2394


Cross Reference: JICH - Drug and Alcohol Use by Students

Policy Adopted: February 14, 1996

Policy Revised: December 20, 2006 and February 24, 2010, May 12, 2021

Section G – Personnel

GBGAA - Bloodborne Pathogen Policy

GBGAA - Bloodborne Pathogen Policy

The Board acknowledges the risk of infection from bloodborne pathogens that employees may incur when they handle or participate in procedures that involve blood, other body fluids or other potentially infectious materials.

The Board directs the Superintendent to implement the mandated Occupational Safety and Health Administration (OSHA) standard to eliminate or minimize occupational exposure to potentially infectious material for employees who have a reasonable anticipation of exposure to blood and other body fluids.

The Superintendent shall prepare for Board consideration and approval an Occupational Exposure Control Plan with updates on at least an annual basis. The adopted plan shall be distributed to all employees. The following issues shall be addressed in the plan:

●  Exposure determination

●  Compliance measures including training, universal precautions, Hepatitis B vaccination, engineering controls, work practice controls, and personal protective equipment 

●  Post-exposure evaluation and follow-up

●  Recordkeeping

A detailed plan for implementing this policy will be maintained in each school’s Crisis Plan Book and Staff Handbook.



Policy Adopted: June 19, 2013

Policy Revised: November 16, 2016

Section G – Personnel

GBGAA-E - Bloodborne Pathogen Exposure Control Plan

GBGAA-E - Bloodborne Pathogen Exposure Control Plan  

In accordance with the OSHA Bloodborne Pathogen standard, 29 CFR 1910.1030, the following exposure control plan has been developed.

Exposure Determination 

OSHA requires employers to perform an exposure determination concerning which employees may incur occupational exposure to blood or other potentially infectious materials. The exposure determination is made without regard to the use of personal protective equipment (i.e. employees are considered to be exposed even if they wear personal protective equipment.) This exposure determination is required to list all job classifications in which all employees may be expected to incur such occupational exposure, regardless of frequency. As a result, MSAD #35 has determined that all employees of the district may have the potential for exposure to blood or other potentially infectious materials.

Compliance Measures

Universal precautions (Appendix B) will be practiced in MSAD #35 in order to prevent contact with blood or other potentially infectious materials. All blood or other potentially infectious material will be considered infectious regardless of the perceived status of the source individual.

Engineering and work practice controls will be utilized to eliminate or minimize exposure to employees at these facilities. Where occupational exposure remains after institution of these controls, personal protective equipment shall also be utilized. At these facilities the following engineering controls will be utilized:

1. All trash liners will be plastic;

2. Sharps containers will be kept in all nurse’s offices;

3. Contaminated surfaces or areas shall be decontaminated with an appropriate disinfectant immediately after contamination.

Handwashing facilities are also available to the employees who incur exposure to blood or other potentially infectious materials. OSHA requires that these facilities be readily accessible after incurring exposure. In this district handwashing facilities are located:

Restrooms, janitors’ stations, locker rooms, kitchens, science labs, consumer science rooms, nurse’s offices, teacher’s rooms. 

After removal of personal protective gloves, employees shall wash hands and any other potentially contaminated skin area immediately or as soon as feasible with soap and water.

If employees incur exposure to their skin or mucous membranes, then those areas shall be washed or flushed with water as appropriate as soon as feasible following contact.

Needles 

Contaminated needles and other contaminated sharps will not be bent, recapped, removed, sheared, or purposely broken. Contaminated sharps are to be placed immediately, or as soon as possible after use into appropriate sharps containers. In this district, the sharps containers are puncture resistant and labeled with a biohazard label.

Personal Protective Equipment

All personal protective equipment used at these facilities will be provided without cost to the employees. Personal protective equipment will be chosen based on the anticipated exposure to blood or other potentially infectious materials. The protective equipment will be considered appropriate only if it does not permit blood or other potentially infectious materials to pass through or reach the employees’ clothing, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used. 

Gloves shall be worn where it is reasonably anticipated that employees will have hand contact with blood, other potentially infectious material, non-intact skin, and mucous membranes. Gloves will be used for the following procedures:

Disposal gloves at these facilities are not to be washed or decontaminated for re-use and are to be replaced as soon as practical when they become contaminated or as soon as feasible if they are torn, punctured, or when their ability to function as a barrier is compromised. Utility gloves will be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs of deterioration or when their ability to function as a barrier is compromised.

Masks in combination with eye protection devices, such as goggles or glasses with solid side shield, or chin length face shields, are required to be worn whenever splashes, spray, or droplets of blood or other potentially infectious materials may be generated and eye, nose, or mouth contamination can reasonably be anticipated. Situations at the school which would require such protection are as follows:

This district will be cleaned and decontaminated according to the following schedule:

Decontamination will be accomplished by utilizing the following materials:

All contaminated work surfaces will be decontaminated after completion of procedures and immediately or as soon as feasible after any spill of blood or other potentially infectious materials, as well as the end of the work shift if the surface may have been contaminated since the last cleaning. 

All bins, pails, cans, and similar receptacles shall be inspected and decontaminated on a regularly scheduled basis.

Any broken glassware which may be contaminated will not be picked up directly with the hands. The following procedure will be used:

Regulated Waste Disposal 

If a student’s health need requires a sharps disposal unit, it will be located in the nurse’s office. Regulated waste containers are located in:  N/A

Hepatitis B Vaccine

All employees will be offered the Hepatitis B vaccine, at no cost to the employee. The vaccine will be offered within 10 working days of their initial assignment to work involving the potential for occupational exposure to blood or other potentially infectious materials unless the employee has previously had the vaccine or who wishes to submit to antibody testing which shows the employee to have sufficient immunity. 

Employees who are offered the Hepatitis B vaccine will sign a Consent/Decline statement after reading information regarding Hepatitis B and Hepatitis B vaccine. 

Employees who initially decline the vaccine but who later wish to receive it may then have the vaccine provided at no cost. 
Post Exposure Evaluation and Follow-Up

Exposure incident includes a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee’s duties. 

When the employee incurs an exposure incident, it should be reported to the school nurse.

All employees who incur an exposure incident will be offered post-exposure evaluation and follow-up in accordance with the OSHA standard.

This follow-up will include the following:

Documentation of the route of exposure and the circumstances related to the incident

If possible, the identification of the source individual and, if possible, the status of the source individual. The blood of the source individual will be tested (after consent is obtained) for HIV/HBV infectivity. 

The employee will be offered the option of having their blood collected for testing of the employee’s HIV/HBV serologic status.

The employee will be offered post exposure prophylaxis in accordance with the current recommendations of the U.S. Public Health Service. 

The employee will be given appropriate counseling concerning precautions to take during the period after the exposure incident. The employee will also be given information on what potential illnesses to be alert for and to report any related experiences to appropriate personnel.

The following persons have been designated to assure that the policy outlined here is effectively carried out as well as to maintain records related to this policy: School Nurses and Superintendent’s Office

Interaction With Healthcare Professionals 

A written opinion shall be obtained from the healthcare professional who evaluates employees at this school. Written opinions will be obtained in the following instances:

1. When an employee is sent to receive the Hepatitis B vaccine;

2. Whenever an employee is sent to a health care professional following an exposure incident

Health care professionals shall be instructed to limit their opinions to:

1. Whether the Hepatitis B vaccine is indicated and if the employee has received the vaccine, or for evaluation following an incident

2. That the employee has been informed of the results of the evaluation

3. That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials

Training

Training for all employees will be conducted prior to initial assignment to tasks where occupational exposure may occur.

Training for employees will include the following:

●  The OSHA standard for Bloodborne Pathogens

●  Epidemiology and symptomatology of bloodborne diseases

●  Modes of transmission of bloodborne diseases

●  Procedures which might cause exposure to blood or other potentially infectious materials in this district

●  Control methods which will be used at the schools to control exposure to blood or other potentially infectious materials

●  Personal protective equipment available at the schools

●  Post exposure evaluation and follow-up

●  Hepatitis B vaccine program in the District

Record Keeping

All records required by the OSHA standard will be maintained at the Superintendent’s office.

 


Policy Adopted: June 19, 2013

Policy Revised: November 16, 2016

Section G – Personnel

GBGAA–R - Bloodborne Pathogen Administrative Procedure

GBGAA–R - Bloodborne Pathogen Administrative Procedure

This procedure is intended as guidance for MSAD 35 district staff and school administrators in carrying out the district responsibility in the Management of Bloodborne Pathogens. All employees of the district may have the potential for exposure to blood or other potentially infectious materials.

New Staff 

All new employees will be offered the Hepatitis B vaccine and can voluntarily receive this vaccine at no cost to the employee.          

New employees will receive information about the vaccine at the initial meeting with the MSAD 35 Human Resources Department and will be provided: an Informed Consent/Decline form for Hepatitis B Vaccination form; the informational statement regarding Hepatitis B Virus/Vaccine; and an outline of universal precautions.

New Employees that opt to accept the Hepatitis B Vaccine

A new employee that opts to accept the Hepatitis B Vaccine will receive the vaccination at no cost to the employee.  Employees will then arrange with their medical provider to receive the vaccination. The employee will provide proof of out of pocket cost of the vaccination and then be reimbursed by the district for their medical co-pay.

New Employees that opt to decline the Hepatitis B Vaccine

A new employee that opts to decline the Hepatitis B Vaccine will complete the Informed Consent/Decline form for the Hepatitis B Vaccination. Whether the vaccination was declined due to already having the vaccination or choosing not to be vaccinated at all, the employee recognizes the occupational exposure to blood or other potentially infectious material may be part of the employee’s job responsibilities. 

Current Employees

Current Employees wishing to receive the Hepatitis B Vaccine

Any current employee who has not already received this vaccine but wishes to do so will receive the vaccination at no cost to the employee.  Employees will then arrange with their medical provider to receive the vaccination. The employee will provide proof of out of pocket cost of the vaccination and then be reimbursed by the district for their medical co-pay.

Annual Staff Training

All district staff will receive annual training in bloodborne pathogen management. This will be coordinated through the MSAD 35 District Nursing coordinator and district nursing staff.

Section G – Personnel

GBGB - Workplace Bullying 

GBGB - Workplace Bullying 

The Board is committed to providing a respectful, safe, and inclusive workplace for employees, one that is free from bullying conduct. All employees and students in the school unit, as well as parents, community members, and others involved with the schools are prohibited from engaging in workplace bullying as defined in this policy.

DEFINITION

For the purposes of this policy, “workplace bullying” means intentional behavior that a reasonable person would expect to interfere with an employee’s work performance or ability to work. Generally, workplace bullying will involve repeated conduct. However, a single incident of egregious conduct could constitute workplace bullying. 

Examples of workplace bullying include, but may not be limited to:

EXCLUSIONS

Workplace bullying does not include the following:

REPORTS AND INVESTIGATIONS

Employees who believe they have been bullied in the workplace, and other persons who believe they have witnessed an incident of an employee being bullied in the workplace, are expected to report the issue to the building administrator.

If the report is about the building administrator, the report should be made to the Superintendent of Schools/designee. 

The building administrator/designee shall promptly notify the superintendent of all workplace bullying reports. 

Any workplace bullying report about the Superintendent should be made to the Board Chair.

All reports of workplace bullying shall be investigated promptly and documented in writing. The person who was the subject of the alleged workplace bullying and the person alleged to have engaged in workplace bullying will be notified of the outcome of the investigation, consistent with confidentiality and privacy laws.

DISCIPLINARY ACTION

Any employee who is found to have engaged in workplace bullying will be subject to disciplinary action up to and including termination of employment.

Students who are found to have engaged in bullying of an employee will be subject to disciplinary action in accordance with applicable student discipline procedures.

Parents and others who are found to have engaged in bullying of an employee will be dealt with in a manner appropriate to the particular circumstances.

APPEALS

If dissatisfied with the resolution of the matter, the subject of the alleged workplace bullying or the person alleged to have engaged in workplace bullying may file a written appeal within five (5) business days with the superintendent stating the reason for the appeal. The superintendent will review the matter and issue a written decision within ten (10) business days. The Superintendent’s decision shall be final.

If the matter involves employees covered by a collective bargaining agreement, any disagreement with the results of the investigation may be resolved through the agreement’s dispute resolution process. 

RETALIATION PROHIBITED

Retaliation for reporting workplace bullying is prohibited. Employees and students found to have engaged in retaliation shall be subject to disciplinary action.

SUPERINTENDENT’S RESPONSIBILITY

The Superintendent shall be responsible for implementing this policy and for the development of any necessary procedures to enforce it.


Cross References: AC – Nondiscrimination, Equal Opportunity and Affirmative Action

ACAB – Harassment/Sexual Harassment of School Employees

ACAB-R – Discrimination/Harassment and Title IX /Sexual   Harassment of School Employees

Adopted: April 27, 2022

Section G – Personnel

GBGE - Return to Work and Light Duty Assignments

GBGE - Return to Work and Light Duty Assignments 

The Board of Directors of MSAD #35 believes that it is in the best interest of both the school system and employees who have suffered workplace injuries or illnesses to return to the work environment as soon as possible. Further, the Board recognizes the need for a program to effectively manage workers’ compensation costs throughout the system, while conserving its most valuable resources – the skills, knowledge, and experience of its employees. To that end, the Board supports the establishment of a comprehensive return-to-work program, including temporary modified or “light work” assignments, whenever appropriate, to minimize lost time and facilitate an employee’s transition back to regular or full-time work.

Modified or light-duty assignments, including modified work schedules, will be designed to accommodate job restrictions specified by the health care provider or providers designated by the employer. Modified or light-duty assignments are intended to address short-term medical restrictions and are not to be used as a means to establish new assignments or displace other employees.

The Superintendent or designee shall be responsible for developing administrative procedures to implement a return-to-work program, including provisions for monitoring of modified duty assignments by the employee’s supervisor, healthcare provider, the school system Workers’ Compensation Coordinator and the workers’ compensation insurance claims adjuster.



Policy Adopted: March 1, 2006

Section G – Personnel

GBIA - Staff Participation in Political Activities

GBIA - Staff Participation in Political Activities 

The Board believes in the principles of democracy and respects the rights of its employees to participate in the democratic process. These rights include discussing the social, political and economic issues of the day in public venues; participating actively in the political party of their choice; becoming a candidate for public office; and campaigning in the community for candidates and in support of political issues.

While the Board respects these rights and encourages its employees to engage in political activities as private citizens, the Board believes that campaigning and other political activities of individual staff members should not compromise the instructional program or disrupt the operations of the schools.  

In adopting this policy, it is the intent of the Board to provide guidance for staff participation in political activities and communicate these expectations to parents, students and the community.

School employees shall not engage in political activities while carrying out their work responsibilities during the school day, while performing work for MSAD #35 outside of the school day on school premises, or while performing work for MSAD #35 at any other location.

“Political activities” include:

A. Campaigning for or against any candidate, political party or issue;

B. An employee’s using his/her position to attempt to influence students, parents or others to vote for or against any candidate or issue;

C. Contacting students, parents or others for such purposes; 

D. Wearing apparel with political messages or displaying campaign paraphernalia while performing work; or 

E. Soliciting for or collecting funds or distributing material in connection with campaigning or support of political issues.

When engaging in conversations with students outside of classes or school activities, employees should be mindful of the potential effect of their position, authority and influence when stating personal opinions in regard to candidates and political issues.                                                                                                                                                                                                

No school employee shall use MSAD #35’s resources (e.g., including but not limited to MSAD #35-owned laptops and other electronic devices, MSAD #35 networks, copiers, scanners, or mail service) to promote political candidates or parties or to encourage a vote for or against an issue.

No MSAD #35 employee shall use MSAD #35’s name or logo to promote his/her candidacy for political office, or to promote other candidates or political positions, or represent his/her view as those of MSAD #35 or this Board.

Nothing in this policy shall prevent an employee from engaging in political activities on school premises when such activities are conducted in accordance with MSAD #35’s facilities use policy. 

Nothing in this policy shall preclude the discussion of political or controversial issues or current events or exposure of mature students to candidates as guest speakers provided that such is done in compliance with the Board’s policy on the teaching of controversial issues (IMB) and policy on guest speakers in schools (IMC). 

Nothing in this policy should be construed as precluding mock elections, debates, conventions or other simulated political activities, where the activity is intended as an educational experience.

Nothing in this policy shall prevent the Board from providing information or expressing its position or views on any political issue affecting the schools or from directing or authorizing the Superintendent to use MSAD #35 resources to accomplish this purpose. The Board will not use its influence or MSAD #35 resources to promote any particular political party or to promote or discourage the election of any particular candidate.

 


Cross References: GCSA – Staff Computer and Internet Use

IMB – Teaching About Controversial/Sensitive Issues

IMC – Guest Speakers in Schools

KF – Community Use of School Facilities

 

Policy Adopted: July 17, 2013

Section G – Personnel

GBJ - Personnel Records and Files

GBJ - Personnel Records and Files 

M.S.A.D. #35 shall maintain records of current and former employees in the Office of the Superintendent in accordance with state and federal laws and regulations.

Directory Information 

As required by law, a record of directory information for each employee shall be open to inspection and copying by any person. Directory information shall contain:

A. Name of employee;

B. Date(s) of employment by MSAD #35;

C. Regular and extra-curricular duties, courses, subjects taught, and any other responsibilities since the start of employment by the school unit;

D. Post-secondary education institution(s) attended;

E. Major and minor field(s) of study as recognized by those institutions; and

F. Degrees received and dates degrees were awarded.

Confidential Information 

As required by law, all information (except Directory Information) about an employee, applicant for employment or an employee/applicant’s immediate family shall be kept confidential if it relates to the following:

A. All information, working papers, and examinations used in the evaluation or selection of applicants for employment;

B. Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;

C. Performance evaluations, personal references and other reports and evaluations reflecting on the quality or adequacy of the employee’s work or general character compiled and maintained for employment purposes;

D. Credit information;

E. The personal history, general character or conduct of the employee or any member of the employee’s immediate family;

F. Complaints, charges of misconduct, replies thereto and memoranda and other materials pertaining to disciplinary action;

G. Social Security number;

H. Any teacher action plan and support system documents and reports maintained for certification purposes; and

I. Criminal history record information.

Personnel Files

Personnel files will contain a cumulative history of the staff member’s employment, including formal or informal employee work evaluations and reports relating to the employee’s character, credit, work habits, compensation, and benefits.

Other Confidential Personnel Records

M.S.A.D. #35 must maintain the following confidential employee records separate from the personnel files:

A. Medical information of any kind; and

B. Teacher action plan and support system documents and reports maintained for certification purposes.

Disciplinary Action Information 

Any written record of a decision involving an employee disciplinary action by the Board shall not be included within any category of confidential information.

Procedures for Review of Personnel Files by Employees

This section pertains to review of personnel files by an employee, former employee, or his/her authorized representative.  For the purpose of this section, a personnel file shall include, but not be limited to, any formal or informal employee evaluations and reports relating to the employee’s character, credit, work habits, compensation and benefits that are maintained by the school unit for employment purposes. 

A. The Superintendent shall, upon written request and within two business days, provide the employee, former employee, or his/her duly authorized representative(s) with an opportunity to review and copy his/her personnel file, if the Superintendent has a personnel file for that employee.

B. Reviews of personnel files shall take place at the location where the personnel files are maintained and during normal office hours.

C. The cost of any copying is to be paid by the person requesting the copy.

D. Access to confidential college placement records and letters of reference will be granted only to the Superintendent/designee.

Access to Personnel Files by Persons Other Than Employees

Access to personnel files may be given to the following persons without the consent of the employee.

A. The Superintendent or his/her designee, the employee’s principal or other supervisor(s).  Personnel files are not accessible to individual Board members.

Relevant portions of a personnel file may be summarized and/or shared with the Board by the Superintendent when consideration is being given to performance evaluation, continuation of employment or disciplinary action. 

B. The general public shall have access only to the Directory Information as outlined above.

Access to personnel files will not be granted to any other persons except under the following circumstances:

A. When the employee gives written consent for the release of his/her records.  The written consent must specify the record(s) to be released and to whom they are to be released.  Each request for consent must be handled separately; blanket permission for release of information will not be accepted; and

B. Upon advice of counsel, when subpoenaed or under court order. 

Records Management 

The Superintendent has overall responsibility for maintaining and preserving the confidentiality of all employee/applicant records. The Superintendent may designate a staff member who shall be responsible for granting or denying access to records according to the guidelines in this policy. 

Written reports shall be maintained in personnel files to document compliance with federal and state laws and regulations and Board policies regarding employee evaluations. Once a document is properly placed in a personnel file, it shall remain in the file permanently.

Records Retention

M.S.A.D. #35 will retain all personnel records and files in accordance with applicable laws and regulations.

 


Legal Reference: 20-A MRSA § 6101

20-A MRSA § 13015

26 MRSA § 631

Chapter 10, Rules for Disposition of Local Government Records (Maine State Archives)

Americans with Disabilities Act of 1990,  42 U.S.C.

Family and Medical Leave Act of 1993, 29 U.S.C. 2611 et seq.

 

Cross Reference: GBJC - Retention of Application Materials

KDB - Public’s Right to Know/Freedom of Access


Policy Adopted: March 3, 2004

Policy Revised: April 7, 2010

Policy Reviewed: November 17, 2021

Section G – Personnel

GBJA - Confidentiality in the Hiring Process Administrative Procedure

GBJA - Confidentiality in the Hiring Process Administrative Procedure 

Maine state law strictly requires that all information relating to applicants for employment remain confidential. This applies to school board members, administrators and secretarial staff by virtue of their positions. It also applies to other staff and members of the public whenever they are involved in a screening and/or interviewing committee assisting in the selection process.

Therefore, the following applies during the hiring process for all positions.

A. Potential candidates shall be notified on the application form that the materials submitted may be disclosed to a screening and/or interviewing committee which may include Board members, administrators, staff and members of the community. An individual must sign the consent form in order to be considered an applicant.

B. Any screening and/or interviewing committee is to receive a thorough orientation on the strict responsibility to maintain confidentiality pursuant to state law. 

C. Each individual, prior to serving as a screening and/or interviewing committee member, shall sign a standard form acknowledging that he/she understands and intends to honor the strict requirement to maintain confidentiality regarding applicant information. Such forms shall be retained on file in the Superintendent’s Office.

 


Legal Reference: 20-A MRSA § 6101.2 B 

Policy Adopted: May 3, 2006

Policy Reviewed: March 8, 2010

Section G – Personnel

GBJA-R - Confidentiality in the Hiring Process Form

GBJA-R - Confidentiality in the Hiring Process Form 

The M.S.A.D. #35 School Board appreciates your willingness to assist in the process of screening applicants for the position of ________________________________. We are confident that your participation will contribute to our selection of the best possible candidate. 

Understanding the intent and seriousness of the legal requirements to maintain strict confidentiality is most important. In this regard, Title 20-A MRSA § 6101.2, B of the Maine Statutes reads in part: 

…information in any form relating to an employee or applicant for employment, or to the employee’s immediate family, shall be kept confidential if it relates to the following: (1) all information, working papers and examinations used in the examination or evaluation of all applicants for employment;

At least one test case has substantiated that even the name of an applicant is protected (including the fact that a person has applied). Moreover, the prohibition from discussing these confidential matters does not end with the selection and appointment of the successful candidate. It is permanent and applies to all unsuccessful candidates as well. 

Therefore, in agreeing to participate in this important undertaking, we expect you to acknowledge having been provided with an orientation on the requirement for confidentiality and that you are accepting this responsibility. 

Again, thank you very much for your assistance.

******************************************************************************

I understand and pledge to honor the strict requirement to maintain confidentiality regarding applicant information.

Signature ___________________________________      Date ________________________


Signature ___________________________________      Date ________________________

(Board/Search Committee Chair)

Section G – Personnel

GBJC - Retention of Application Materials

GBJC - Retention of Application Materials

State and federal law permit submission of complaints to the Maine Human Rights Commission and/or the U.S. Office of Civil Rights within six months of an alleged act of unlawful employment discrimination. In addition, state regulations require applications for employment to be retained for a period of two years. 

As a precautionary measure, all materials accumulated in the process of filling instructional and support staff positions shall be retained for at least three years. Such materials include applications and accompanying materials, notes made in the screening, interviewing and reference checking process, and any other pertinent information. Materials related to the search process (such as advertisements, job descriptions and interview guides) shall also be retained.

All materials accumulated in filling administrator positions (positions requiring Maine Department of Education administrator certification) shall be retained for at least three years.



Legal References: 5 MRSA § 4551 et seq. (Maine Human Rights Act)

20-A MRSA § 1001(13)

Chapter 10, Rules for Disposition of Local Government Records (Maine State Archives)

Equal Employment Opportunities Act of 1972 (P.L. 92-261)

Amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000(e) et seq.)

 

Cross Reference: GBJ - Personnel Records and Files 

Policy Adopted: April 7, 2010

Policy Reviewed: November 17, 2021

Section G – Personnel

GBN - Family and Medical Leave

Employees are entitled to family and medical leave under the federal Family and Medical Leave Act of 1993 (“FMLA”) or the Maine Family Medical Leave law when they meet all of the eligibility requirements of these laws. This policy sets forth several rules that must be applied uniformly to all employees who may be eligible for family and medical leave. As used in this policy, “family and medical leave” means leave available under both the federal and state laws.

I. THE FEDERAL EMPLOYEE ELIGIBILITY PERIODS

Employees who have been employed for at least 12 months and have worked at least 1,250 hours in the previous 12 months are eligible for FMLA leave under the federal law. (See Section III for additional school employees who are eligible for these federal FMLA benefits.)

 

There are two types of eligibility periods under the federal law as described below.

There is a 12-month eligibility period for 12 weeks of FMLA leave taken for the following qualifying purposes:

  1. Birth and care of the newborn child of the employee;

  2. Placement with the employee of a son or daughter for adoption or foster care;

  3. Care for an immediate family member (spouse, child, or parent) with a serious health condition;

  4. Medical leave when the employee is unable to work because of a serious health condition; or

  5. Qualifying exigency leave for an employee whose spouse, child or parent is a regular member of the Armed Forces on covered active duty deployed to a foreign country or a reserve member of the Armed Forces (including National Guard) on covered active duty deployed to a foreign country under a call or order to active duty in a contingency operation. 

The 12-month period used to determine employee eligibility for FMLA for the purposes described above shall be the 12-month period measured backward from the date an employee uses any FMLA leave. 

There is a separate 12-month period for employees eligible for military caregiver leave of up to 26 weeks. Such leave may be taken to care for a spouse, child, parent or next of kin of an eligible service member or veteran with a serious injury or illness. This leave is calculated from the first day that leave is taken for this purpose and does not track the employer’s designated 12-month FMLA tracking period as described above. Any military caregiver leave that is not taken within the specific 12-month period is forfeited. This leave period may overlap with the usual 12-month leave period designated by the employer and in certain circumstances, this may impact the employee’s eligibility to take other types of FMLA leave.

II. MAINE REQUIREMENTS

Employees who have been employed for at least 12 consecutive months are eligible for leave under the Maine Family Medical Leave law. Beginning August 8, 2022, hourly school employees who have worked at least 900 hours in the previous 12 months are also eligible for federal FMLA benefits under the same conditions as other employees eligible to receive such benefits.

The amount of family and medical leave available to employees under the Maine law is 10 work weeks in any two-year period.

B.      Qualifying Purposes

Leave may be used for the following qualifying purposes:

1. Serious health condition of the employee;

2. Serious health condition of the employee’s spouse, domestic partner, child (or child of domestic partner), grandchild (or grandchild of domestic partner), parent or sibling;

3. Birth of the employee’s child or child of his/her domestic partner;

4. Placement of a child 16 years of age or younger with the employee or the employee’s domestic partner for adoption;

5. Donation of an organ for human transplant by the employee;

6. Death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child as a member of the state military forces or United States Armed Forces (including National Guard and Reserves) while on active duty.

III. NOTICE BY EMPLOYEE

Employees requesting leave shall provide at least 30 days’ notice to the Employer whenever the need for such leave is foreseeable. The employee shall provide appropriate medical certification (or other certification appropriate to the particular request) supporting the leave request.

When the Employer has reason to believe that an employee is or will be absent for an FMLA-qualifying purpose, the Employer should request the appropriate information from the employee to determine the employee’s eligibility for family and medical leave.

IV. COORDINATION WITH OTHER LEAVE

When leave is taken that qualifies both as FMLA and as permitted leave under any employment contract, collective bargaining agreement or policy, the employee shall use FMLA and the other type of leave concurrently, provided that the employee meets all of the eligibility requirements for each type of leave. Types of leave that shall run concurrently with FMLA include, but are not necessarily limited to accrued sick leave; vacation and compensatory time; unpaid leave; disability leave; absence for work-related injuries; and any other applicable types of leave.

V. FITNESS FOR DUTY CERTIFICATE

Before returning to work, employees taking FMLA for their own serious health condition shall submit a certificate from a health care provider indicating that they are able to return to work and perform the essential functions of the position.


Legal Reference: 26 U.S.C. § 2601 et seq.; 29 CFR Part 825
26 MRSA § 843 et seq.

Adopted:   June 2, 2004

Policy Revised:  March 8, 2010, October 19, 2016, October 19, 2022

Section G – Personnel

GBO - Family Care Leave

GBO - Family Care Leave

This policy governs employee leave under 26 M.R.S.A. § 636, “An Act to Care for Families”), referred to in this policy as the “Family Care Act.”  Leave under this policy is referred to as “Family Care Leave.”

The M.S.A.D. #35 Board of Directors recognizes that under Maine’s “Family Care Act,” if an employer provides paid leave under the terms of a collective bargaining agreement or employment policy, the employer must allow an employee to use the paid leave for the care of an immediate family member who is ill.

In law and for the purpose of this policy, the following definitions apply:

Employees may take up to 40 hours of paid leave as Family Care Leave per 12 month period, or the amount provided by an applicable collective bargaining agreement, whichever is greater.

The 12-month period shall be the same for all employees and shall be the 12-month period consistent with the 12-month period identified for MSAD #35’s administration of the Family Medical Leave Act (FMLA).] 

An employee is not entitled to use paid leave until that leave has been earned.

An employee may elect which type of paid leave and the amount of each type of paid leave to use for Family Care Leave.         

Notice/verification of illness for Family Care Leave shall be the same as that required for the employee’s own illness.  The employee must specify that leave is being taken pursuant to the Family Care Act. 

APPLICATION OF FAMILY MEDICAL LEAVE REQUIREMENTS

For purposes of applying family medical leave requirements (i.e., FMLA), M.S.A.D. #35 shall treat leave under the Family Care Act in the same manner as M.S.A.D. #35 treats leave for an employee illness.  Therefore, Family Care Leave and FMLA Leave shall run concurrently.



Legal Reference: 26 M.R.S.A. § 636

Cross Reference: GBN/Family and Medical Leave

Policy Adopted: September 21, 2005

Policy Reviewed: March 8, 2010

Section G – Personnel

GBP - Earned Paid Leave

GBP - Earned Paid Leave

MSAD #35 will comply with all applicable provisions of Maine’s Earned Paid Leave (EPL) law, effective January 1, 2021, and with Maine Department of Labor rules governing EPL.


The Superintendent/designee shall be responsible for developing and implementing administrative procedures to implement use of EPL under this policy. 


Notice of the EPL law will be posted in a visible location in each workplace. 


Administrative procedures, including employee eligibility, use of leave, and employee notice requirements will be provided to employees in writing and/or through electronic communications, the school unit’s employee handbook, or other suitable means.


26 MRSA § 637

Maine Dept of Labor Bureau of Labor Standards Rule Ch. X

Cross-Reference:

GBN–Family and Medical Leave

GBO–Family Sick Leave

GBP-R Earned Paid Leave Administrative Procedure


Adopted: June 15, 2022

Section G – Personnel

GBP-R - Earned Paid Leave - Administrative Procedure

GBP-R - Earned Paid Leave - Administrative Procedure

This procedure implements Maine’s Earned Paid Leave (EPL) Law, 26 MRSA §637. The law became effective January 1, 2021.

 

This law requires most Maine employers– including school units– with more than 10 employees to provide earned paid leave that is accrued based on hours worked. EPL may be used for any purpose.


The law applies as of January 1, 2021 to non-unionized school unit employees.


For unionized employees covered by a negotiated collective bargaining agreement that addresses paid time off, the law does not apply until the expiration of the current negotiated collective bargaining agreement. Accordingly, unionized employees should refer to the provisions for paid leave in the negotiated collective bargaining agreement/Memorandum of Understanding and follow the school unit’s procedures for requesting and/or accounting for paid leave.


  1. ACCRUAL OF EARNED PAID LEAVE


  1. Effective January 1, 2021, unless otherwise stated in an employee’s negotiated collective bargaining agreement/Memorandum of Understanding or specific handbook employees shall accrue one hour of EPL for every 40 hours worked, beginning with the first day of employment, up to a maximum of 40 hours per year.


  1. Employees may not use EPL until they have been employed for 120 calendar days. EPL cannot be used before it is earned and must be used in one-hour increments. 


  1. Employees employed by the school unit prior to January 1, 2021 will be eligible to use accrued EPL 120 days after their start date.




  1. The designated year for purposes of accrual and use of earned paid time off will be effective with negotiated collective bargaining agreement/Memorandum of Understanding and specific handbook.


  1. For business office accounting purposes, depending on an employee’s regularly scheduled hours, up to 40 hours of EPL time may be “front-loaded” into the school unit’s payroll/personnel benefits accounting system for some employees for ease of administration, but EPL may not be used until the 120-day employment requirement has been met.


  1. ALLOWABLE USES AND NOTICE REQUIREMENTS


  1. EPL leave may be used for any purpose. Notice requirements will differ between leave for planned purposes and leave for unplanned/emergency purposes unless otherwise noted in negotiated collective bargaining agreement/Memorandum of Understanding and specific handbook.  EPL leave may not be used in less than ½ hour increments.

  1. Planned Purpose:  Unless otherwise noted in negotiated collective bargaining agreement/Memorandum of Understanding and specific handbook employees shall provide at least four (4) weeks’ advance written notice to their supervisor to use EPL for a purpose that can be planned. Such purposes include, but are not limited to, weddings/social events, vacation, or recreational activity. Any such use of EPL shall run concurrently with any other type of paid leave for which the employee is eligible for this purpose (such as vacation or personal leave).


In general, planned EPL should not be used for more than three (3) consecutive work days. Planned EPL cannot be used on the days immediately before and/or after a holiday or vacation period, or on any other days determined by the employee’s supervisor to conflict with the school unit’s operational needs.


  1. Unplanned/ Emergency Purpose:  EPL may be used for an emergency, illness or injury, or other sudden necessity for which the employee does not have advance notice; is beyond the employee’s control to schedule; and is otherwise unforeseeable. Examples include, but are not limited to, sudden illness or injury; motor vehicle accident, unanticipated child care closure; or residential issues such as burst pipes. In such cases, the employee is required to notify their his/her supervisor as soon as practicable in the circumstances.


The employee’s supervisor will request appropriate documentation demonstrating the necessity of using EPL for unplanned purposes if an employee requests such leave for three (3) consecutive work days or more. 


Any use of such EPL shall run concurrently with any other type of paid leave for which the employee is eligible (such as sick, personal or vacation leave).


  1. CARRYOVER


All non “front-loaded” employees shall have the ability to carry EPL hours but not more than 40 hours in their contracted/academic year.

 

However, the amount of leave that an employee may accrue in that year will be reduced by the number of hours carried over. For example, if an employee carries over eight (8) hours of EPL from one year to the next the employee shall only be eligible to earn 32 hours in the second designated year. 


  1. SEPARATION FROM EMPLOYMENT

Earned paid leave will not be paid out upon separation of employment, and it may not be used to extend an employee’s employment beyond the last day actually worked. 

However, if the employee returns to work within one year of leaving, the accrued/remaining leave will be reinstated.  


26 MRSA § 637

Maine Dept of Labor Bureau of Labor Standards Rule Ch. X


Cross reference: 

GBP Earned Paid Leave

Policy adopted: June 15, 2022

Section G – Personnel

GCF - Professional Staff Hiring

GCF - Professional Staff Hiring

Through its employment policies, the Board shall attempt to attract, secure and hold the highest qualified personnel for all professional positions. The selection program shall be based upon candidates who will devote themselves to the education and welfare of the children attending our public schools.

It is the responsibility of the Superintendent and of persons to whom he/she delegates this responsibility to determine the personnel needs of the school system and to locate suitable candidates to recommend to the Board for employment.  Through effective administrative procedures, the Superintendent shall recruit and recommend to the Board the employment and retention of personnel.

It shall be the duty of the Superintendent to see that persons nominated for employment in the schools shall meet all certification requirements and the requirements of the Board for the type of position for which the nomination is made.

The following guidelines shall be used in the selection of personnel:

A. There shall be no illegal discrimination in the hiring process.

B. Any person involved in the interview process for potential candidates must participate in the Unconscious Bias in Hiring training prior to any interviews.

C. Interviewing and selection procedures shall assure that an administrator has the opportunity to aid in the selection of any staff member who will work under his/her supervision.

D. No candidate shall be hired without a personal interview.

E. All candidates shall be considered on the basis of their merits, qualifications and the needs of the unit. In each instance, the Superintendent and others playing a role in the selection shall seek to hire the best-qualified person for the job; and

F. While the Board may accept or reject a nomination, an approval shall be valid only if made with the recommendation of the Superintendent. In the case of a rejection, it is the duty of the Superintendent to make another nomination. 


 

Cross References: AC - Non-Discrimination/Equal Opportunity and Affirmative Action

                      GBJC - Retention of Application Materials

                                 GCJ - Professional Staff Probation and Continuing Teacher Contracts

                                 GCOA - Supervision and Evaluation of Professional Staff

 

Policy Adopted: May 5, 2010

Policy Revised: December 15, 2021

Section G – Personnel

GCFA - Employee Social Media Privacy

GCFA - Employee Social Media Privacy

For the purpose of this policy, “social media account” means an account with an electronic medium or service through which users create, share and view user-generated content including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online service accounts and Internet website profiles and locations. 

“Social media account” does not include an account opened at the employer’s behest or provided by an employer or intended to be used primarily on behalf of the employer.

In compliance with Maine’s employee social media privacy law, M.S.A.D. #35, through its administrators or designees, shall not: 

A.    Request, require or coerce an employee or applicant for employment to disclose a password or any other means for accessing a personal social media account;

B.    Request, require or coerce an employee or applicant for employment to access a personal social media account in the presence of administrative or other M.S.A.D. #35 personnel or agent of the school unit;

C.    Require or coerce an employee or applicant to disclose any personal social media account information;

D.    Require or cause an employee or applicant to add anyone, including administrative or other M.S.A.D. #35 personnel or agent of the school unit to the employee or applicant’s contact list associated with a personal media account; or

E.     Request, require or cause an employee or applicant to alter settings that affect the ability of a third party to view the contents of a personal social media account. 

M.S.A.D. #35 shall not discharge, discipline or otherwise penalize any employee, who refuses to disclose or provide access, add contacts or alter settings as specified above, or to fail to hire an applicant based on his/her refusal to comply with illegal requests, requirements or coercion. 

This policy does not prohibit M.S.A.D. #35 from requiring an employee to disclose personal social media account information when the employer reasonably believes it to be relevant to an investigation of alleged employee misconduct or a workplace-related violation of applicable laws, rules or regulations, provided the information disclosed is accessed and used solely as necessary for the investigation of related proceedings.

This policy does not apply to information publicly available which may be available on an employee or applicant’s public social media accounts.

As an employer, M.S.A.D. #35 may maintain policies governing the use of its own electronic equipment, including a requirement that an employee disclose to the school unit the employee’s user name, password or other information necessary to access employer-issued electronic devices or to access employer-provided software or email accounts.

 


Cross Reference: GCSA – Employee Computer and Internet Use

Adopted: February 24, 2016

Section G – Personnel

GCFA - Stipend (Extracurricular) Positions

GCFA - Stipend (Extracurricular) Positions

All stipend position assignments are for one school year. For athletic stipends, the Athletic Administrator, in conjunction with the building Principal, will make recommendations to the Superintendent for the hiring and re-hiring of coaches on an annual basis.

New Varsity Coach Hiring Process

The Athletic Administrator and building principal will form a committee representative of the community that will act as a screening and advisory committee for any new varsity coaching vacancies. The committee will be notified of interview times and dates. The role of the committee will be advisory. The Athletic Administrator, in conjunction with the building Principal, will make the final recommendation to the Superintendent. The Superintendent’s decision shall be final. 

Sub-Varsity Coach Hiring Process (including JV, Freshman, & Jr. High Teams)

The Athletic Administrator, Varsity Sport Head Coach, and building principal will review applications after the position has been posted. The Athletic Administrator, in conjunction with the building Principal, will make the final recommendation to the Superintendent. The Superintendent’s decision shall be final.

Rehiring Process

Coaches will be evaluated as stipulated in the Coach Evaluation Policy (GCFA-R).

The Athletic Administrator, with review by the principal, will make one of the following recommendations to the Superintendent at the end of the coach’s sport season: 

The Superintendent’s decision shall be final.

Non-Athletic Stipend Staff

Any employee interested in any non-athletic stipend positions shall apply by April 1 of the school year for the following year.  The building principal will make a recommendation on each position to the Superintendent. If the recommended employee is currently under contract for the position, the building principal will make one of the following recommendations to the Superintendent:

The Superintendent’s decision shall be final.

 


Cross Reference: Athletic Coach Evaluations - GCFA-R  

Policy Adopted: June 5, 2002

Policy Revised: August 15, 2007 and May 5, 2010

Section G – Personnel

GCFA-R - Athletic Coach Evaluations

GCFA-R - Athletic Coach Evaluations 

The purpose of the coach evaluation process is to promote the development and improvement of our coaching staff.  In order to ensure that development and improvement takes place, the following evaluation process shall be followed:

A. Coaches shall be formally evaluated in each of their first 2 years of coaching employment, and every two years thereafter.

B. Evaluations will be the responsibility of the Athletic Administrator, with review by the Principal, and shall include:

      1. Written documentation of observations of practices and athletic events
      2. A written evaluation of overall performance in 4 areas:

a. Professional and Personal Qualities/Skills and Knowledge

b. Coaching Responsibilities

c. Public Relations

C. Evaluations shall be shared with and signed by the individual coaches, and a copy will be placed in the coach’s personnel file.

 



Cross Reference: Stipend (Extracurricular) Positions - GCFA


Policy Adopted: June 5, 2002

Policy Revised: July 14, 2010

Section G – Personnel

GCFB - Recruiting and Hiring of Administrative Staff

GCFB - Recruiting and Hiring of Administrative Staff

The Board affirms its commitment to the strict prohibition of discrimination in employment on the basis of race, color, sex, sexual orientation, gender identify, religion, ancestry or national origin, disability, age, familial status, pregnancy, or genetic information, and to the principle of affirmative action to obtain wide and representative candidate pools.

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.

In accordance with 20-A MRSA, § 1001(13), the Superintendent shall prepare a procedure designed to ensure nondiscriminatory practice in recruitment and hiring for all positions requiring administrator certification, as well as to result in selection of the most qualified candidates. This procedure shall be attached hereto as GCFB-R, and shall be reviewed periodically.

Moreover, upon each occasion of administrative vacancy, the Superintendent shall review the procedure and make appropriate adaptations as may be warranted by special circumstances. In the case of a vacancy in the Superintendency, the School Board shall review that procedure, adapting as appropriate.

In accordance with 20-A MRSA, § 4502 (4-A), the school unit’s Affirmative Action Plan shall include a description of the status of the unit’s nondiscriminatory administrator hiring practice and plans for in-service training programs on gender equity for teachers, administrators and the School Committee.

5 MRSA§ 4576 (Maine Human Rights Act)

20-A MRSA §§ 1001(13), 4502(4-A), 13011(6)

Cross Reference:

AC - Nondiscrimination/Equal Opportunity and Affirmative Action GBJC - Retention of Application Materials

GCFB-R - Recruiting and Hiring of Administrative Staff Administrative Procedure 



Policy Adopted: May 5, 2010

Policy Revised: July 18, 2018; April 26, 2023

Section G – Personnel

GCFB-R - Recruiting and Hiring of Administrative Staff Procedures

GCFB-R - Recruiting and Hiring of Administrative Staff Procedures 

These procedures implement Board policy GCFB and are designed to establish a thorough, efficient and nondiscriminatory practice for the recruiting and hiring of the most qualified candidates for administrative positions.

A.    Job Description Development/Review 

To ensure that a written role description of the vacant position accurately represents the current functions and needs, the Superintendent/designee (the Board in a Superintendent search) is to:

1. Conduct a review of (if none exists, develop) the job description, with input from persons   affected by the position;

2. Include the criteria (skills, knowledge, abilities) required to perform the duties/responsibilities of the position; and

3. List the minimum qualifications (training, education and experience) for the position.

B.     Recruitment

To attract a strong pool of qualified candidates, the Superintendent/designee is to advertise (except in circumstances described in K below) by:

1. Posting the notice of the vacancy within the unit; 

2. Placing a display advertisement in appropriate media, considering at least one appearance in a major Maine newspaper and/or online media; and

3. Identifying and notifying other possible sources of potential candidates, such as professional associations, educational administration programs and placement offices at colleges and universities in Maine and other states, and the Maine Department of Education.

C.    Screening

To ensure that a fair and efficient screening process will occur, the Superintendent/designee is to: 

1. Ensure that all applications are reviewed by more than one individual with attention given to an unbiased regard for the criteria and qualifications in the job description;

2. Appoint a screening panel with representation as deemed appropriate to the particular vacancy; 

3. Provide orientation on confidentiality and equity issues to screeners; 

4. Eliminate all candidates who do not meet the minimum qualifications;

5. Conduct preliminary reference checks, as appropriate;

6. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge and abilities outlined in the job description; and 

7. Notify applicants not selected for an interview. 

D.    Interviewing

To ensure that the interview process will be conducted in a legal and proper manner, the Superintendent/designee is to: 

1. Appoint an interview panel (may be the same persons who serve the screening function) with representation as deemed appropriate to the particular vacancy;

2. Provide orientation on the process including the function and extent of responsibility of the panel, the weighting of criteria and the nomination/hiring procedure; and

3. Conduct training to ensure that panel members are aware of the legal aspects of interviewing, including confidentiality and equity issues.

The interviewing panel is to: 

    1. Design interview questions which match the criteria and the duties/responsibilities outlined in the job description; and
    2. Provide equal opportunity for the candidates to respond to the same questions/questioners.

E.    Selection

The interview panel is to: 

1. Individually assess the candidates according to their answers to the job description-related questions, rating and commenting on each using a specially prepared form corresponding to the questions/criteria; and 

2. Submit a report to the Superintendent, including the individual rating forms as well as a list (usually 2 to 4) of candidates to be considered further for the position.

The Superintendent/designee is to:

1. Have reference contacts made, as appropriate, to check perceived strengths and weaknesses of the candidates;

2. Review the material on the finalist candidates to determine whether additional information is needed;

3. Conduct final interviews of any or all finalists, as deemed necessary;

4. Select the most qualified candidate who fits the criteria and the duties/responsibilities outlined in the job description, based on his/her own professional judgment along with those of the interview panel (or, reject all finalists, reopen the position and begin the process anew); and

5. Have any further reference checks made, as appropriate.

F.     Nomination/Employment

The Superintendent is to:

1. Notify and obtain agreement of the successful candidate, pending Board approval;

2. Inform the interview panel; and

3. Nominate and employ the successful candidate in accordance with state law and local policies.

G.    Notification

The Superintendent/designee may:

1. Notify the nominee of the Board approval and employ the administrator; and

2. Notify the other candidates interviewed.

H.    Orientation and Support

To ensure that the new administrator is provided with the proper information about the system and job expectations, the Superintendent/designee is to provide an orientation that includes expectations of the duties/responsibilities of the position along with the policies and procedures of the local school unit.

I.     Record Keeping

To ensure that the confidentiality of employee and applicant records are properly maintained, the Superintendent is to provide for the maintenance in secure files of all applications and documentation of the hiring, screening and interviewing process for a period of three (3) years.

J.     Confidentiality

To ensure that confidentiality is maintained throughout and permanently following the hiring process, the Board, all employees involved, and any other participants are to maintain absolute confidentiality about candidates, including names, in accordance with state law (20-A MRSA § 6101). The Board is to assume responsibility through the Superintendent for providing adequate orientation at appropriate stages of the process, including at the completion. 

K.    Hiring of Current Employees

The school unit may forego one or more of the steps set forth in sections B-E of this procedure and appoint a person who is currently employed by the unit to fill an administrative position only if the Superintendent, after consultation with the School Board, or the Board in a Superintendent search, determines that the following circumstances exist:

1. The currently employed candidate is exceptionally well qualified for the position; and

2. The decision to forego all or part of the recruitment and screening process will not detract from the goals of this policy.



Cross Reference: AC – Nondiscrimination/Equal Opportunity and Affirmative Action

                              GCFB – Recruiting and Hiring of Administrative Staff


Policy Adopted: July 14, 2010

Policy Reviewed: July 18, 2018; April 26, 2023

Section G – Personnel

GCI - Professional Staff Development Opportunities

GCI - Professional Staff Development Opportunities

The Board recognizes the importance of developing, maintaining, and extending the skills of staff members and encourages employees to engage in programs and activities that will lead to their professional growth and increased competence.

The Superintendent is authorized to initiate programs and activities that are designed to serve the following purposes:

A. To provide a structure through which staff members can stay abreast of new developments in their areas of specialty; 

B. To familiarize staff members with new research and innovative teaching methods;

C. To assist staff members in the process of change and school improvement; and

D. To facilitate the development, implementation, and evaluation of new programs. 

Within budgetary limitations, visitations and attendance at conferences may be approved by the Superintendent in accordance with Board policy.

 


Cross References: JICK - Bullying


Policy Adopted: September 21, 1988

Policy Revised: November 17, 1999 and March 21, 2007

Policy Reviewed: May 24, 2010

Section G – Personnel

GCJ - Professional Staff Probation and Continuing Teacher Contracts

GCJ - Professional Staff Probation and Continuing Teacher Contracts

  1. Under Maine Law, certified probationary staff may be non-renewed if the Superintendent fails to nominate or if the Board declines to elect after receiving the Superintendent’s nomination.
  2. Prior to May 15, a meeting of the Board of Directors shall consider nominations to renew contracts of Probationary Teachers. The nomination lists shall be circulated to the Board prior to the meeting and any Board member desiring to discuss the nominations in executive session shall notify the Superintendent who shall notify the individual(s) concerned who shall be offered the right to attend the executive session. 
  3. Prior to the date of Board action, the Superintendent shall notify, in writing, any teacher on continuing contract who will not be renewed and shall provide a reason for this decision.
  4. A duly certified continuing contract teacher will be notified in writing by the Board of their non-renewal six months prior to the last day of their contract.

 

  

Legal reference: Chapter 503, § 13201, 13202, Title 20A

Cross Reference: GCF Professional Staff Hiring

GCOA Supervision and Evaluation of Professional Staff

 

Policy Adopted: February 16, 1977

Policy Revised: February 21, 1979, January 20, 1982, January 20, 1993 and December 20, 2006, December 15, 2021

Section G – Personnel

GCOA - Supervision and Evaluation of Professional Staff

GCOA - Supervision and Evaluation of Professional Staff

A well-planned and systematic program of supervision and evaluation of performance tied to educational outcomes is vital to the ongoing improvement of the instructional program.  It is the Board’s responsibility to ensure that sufficient administrative time and energy are expended to supervise (observe and assist) and evaluate (measure and assess) professional staff.  The evaluation program shall address all aspects of teaching and leadership performance and recognize that the fulfillment of student needs is of primary importance. 

The Superintendent shall be responsible for overseeing the development, implementation and periodic review of a comprehensive program of supervision and evaluation, which shall be adopted by the Board. The program shall provide minimum standards for the number and frequency of formal performance reviews, with the understanding that probationary professional staff require closer support and more frequent performance reviews. Probationary professional staff shall in any event be evaluated at least once in each year of their probationary employment.

A. Criteria used for evaluation shall be in written form and made permanently available to the professional staff;

B. Evaluations shall be made by an immediate supervisor/administrator, or by other person(s) designated by the Superintendent;

C. Results of the evaluations shall be put in writing and shall be discussed with the professional staff;

D. The professional staff being evaluated shall have the right to attach a memorandum to the written evaluation; and

E. Results of all summative evaluations shall be kept in confidential personnel files maintained at the Superintendent’s office.

In accordance with Maine’s Educator Effectiveness law (20-A MRSA § 13701-13706), by the end of the 2016-2017 school year, the school unit will have developed and piloted a performance evaluation and growth system, consistent with the requirements of the law and applicable Department of Education rules, for full implementation in the 2017-2018 school year.  

The performance evaluation and growth system must be approved by the Board.

In keeping with the Board’s goal of employing the best qualified staff to provide quality education for all students, all professional staff are expected to participate fully in the evaluation process, self-appraisal and continuous improvement of professional skills.

While supervision and evaluation policies and procedures are not negotiable in collective bargaining, the Superintendent is to seek appropriate involvement of staff in the development and periodic review of the supervision and evaluation program.

 

 

Legal Reference: 20-A MRSA §§ 1055, 13201; 13701-13706, 13802

                              Me. Dept. of Ed. Rule Ch. 125 §§ 4.02(E) (3), 8.08

Cross Reference: GCOA-R Supervision and Evaluation of Professional Staff Procedures

 

Policy Adopted: October 18, 2006 

Policy Revised: July 14, 2010 and June 20, 2018, June 17, 2020

Policy Reviewed: November 17, 2021

Section G – Personnel

GCOA-R - Supervision and Evaluation of Professional Staff Procedures


GCOA-R - Supervision and Evaluation of Professional Staff Procedures 

Section G – Personnel

GCQC - Resignation of MSAD #35 Employees

GCQC - Resignation of MSAD #35 Employees

The Board authorizes the Superintendent to accept all employee resignations. Such acceptance shall be effective when first communicated to the employee orally or in writing. Acceptance shall be confirmed in writing to the employee. The resignation and its acceptance should be reported as information to the Board at the next regular or special meeting.

  


Policy Adopted: June 20, 2001

Policy Revised: July 14, 2010

Section G – Personnel

GCSA - Employee Computer, Electronic Device, and Internet Use


GCSA - Employee Computer, Electronic Device, and Internet Use

MSAD # 35 computers, networks, and Internet access are provided to support the educational mission of the schools and to enhance the curriculum and learning opportunities for students and school staff. This policy and the accompanying rules also apply to computers issued directly to staff, whether in use at school or off school premises. 

MSAD #35 computers, network, and Internet services are provided for purposes related to school programs and operations, and performance of their job responsibilities. Incidental personal use of school computers is permitted as long as such use:  (1) does not interfere with the employee’s job responsibilities and performance; (2) does not interfere with system operations or other system users; and (3) does not violate this policy and the accompanying rules, or any other Board policy, procedure or school rules. “Incidental personal use” is defined as use by an individual employee for occasional personal communications.

Compliance with the MSAD #35’s policies and rules concerning computer use is mandatory. An employee who violates this policy and/or any rules governing use of the MSAD #35’s computers shall be subject to disciplinary action, up to and including termination. Illegal uses of the MSAD #35’s computers will also result in referral to law enforcement.

M.S.A.D. #35 utilizes filtering technology designed to block materials that are obscene or harmful to minors, including child pornography. M.S.A.D. #35 takes precautions to supervise staff use of the Internet, but cannot reasonably prevent all instances of inappropriate computer use by staff in violation of Board policies and rules, including access to objectionable materials and communication with persons outside of the school. M.S.A.D. #35 is not responsible for the accuracy or quality of information that staff obtain through the Internet.

MSAD # 35 computers remain under the control, custody, and supervision of the MSAD #35 at all times. The MSAD #35 reserves the right to monitor all computer and Internet activity by employees. Employees have no expectation of privacy in their use of school computers.                                                                                   

Employees shall be informed of this policy and the accompanying rules through handbooks, the school website and/or other means selected by the Superintendent. 

The Superintendent is responsible for implementing this policy and the accompanying rules. Additional administrative procedures or school rules governing the day-to-day management and operations of the MSAD #35’s computer system may be implemented, consistent with Board policies and rules. The Superintendent may delegate specific responsibilities to the Technology Director and others as he/she deems appropriate.

 

Cross References: 

GCSA-R – Employee Computer and Internet Use Rules

GCSB-Use of Social Media by School Employees

IJNDB/IJNDB-R – Student Computer and Internet Use

IJNDC – Website/Website Pages

IJNDC-R - M.S.A.D. #35 Website Guidelines

IJNDC-E – Guidelines Governing the Publishing of Student Information on the MSAD #35 Website


Policy Adopted: February 27, 2008

Policy Revised: January 9, 2013; December 20, 2023




Section G – Personnel

GCSA-R - Employee Computer, Electronic Device, and Internet Use Rules

GCSA-R - Employee Computer, Electronic Device, and Internet Use Rules 

These rules implement Board policy GCSA (Employee Computer and Internet Use). Each employee is responsible for his/her actions and activities involving MSAD #35 computers, electronic devices, networks, and Internet services, and for his/her computer files, passwords, and accounts. These rules provide general guidance concerning the use of MSAD #35’s computers and examples of prohibited uses. The rules do not attempt to describe every possible prohibited activity by employees.  Employees who have questions about whether a particular activity or use is prohibited are encouraged to contact a building administrator or the Technology Director.

Employee Use of Cell Phones and Other Electronic Devices 

It is important for school employees to model the behavior we expect from our students when it comes to the use of cell phones and other personal electronic devices during the school day and school activities. In order to avoid disruptions to the educational process and school programs, employees are expected to refrain from personal calls, emails, texts and/or other personal business while supervising students and/or performing assigned duties during work time.  

A.     Consequences for Violation of Computer Use Policy and Rules 

Failure to comply with Board policy GCSA, these rules, and/or other procedures or rules governing computer use may result in disciplinary action, up to and including termination. Illegal use of MSAD #35’s computers will also result in referral to law enforcement. 

B.     Access to School Computers, Networks, and Internet Services 

The level of employee access to MSAD #35 computers, networks, and Internet services is based upon specific job requirements and needs. Unauthorized access to secure areas of MSAD #35’s computers and networks is strictly prohibited.

C.     Acceptable Use

MSAD # 35 computers, networks, and Internet services are provided to employees for administrative, educational, communication, and research purposes consistent with MSAD #35’s educational mission, curriculum, and instructional goals. All Board policies, school rules, and expectations for professional conduct and communication apply when employees are using MSAD #35’s computers, networks, and Internet services.      

D.     Personal Use 

MSAD #35 computers, network, and Internet services are provided for purposes related to school programs and operations, and performance of their job responsibilities. Incidental personal use of school computers is permitted as long as such use: 1) does not interfere with the employee’s job responsibilities and performance; 2) does not interfere with system operations or other system users; and 3) does not violate this policy and the accompanying rules, or any other Board policy, procedure, or school rules.

“Incidental personal use” is defined as use by an individual employee for occasional personal communications.

E.     Prohibited Uses 

Examples of unacceptable uses which are expressly prohibited include, but are not limited to, the following:

  1. Any use that is illegal or which violates policy GCSA or other Board policies, procedures, or school rules, including harassing, discriminatory or threatening communications and behavior, bullying/cyberbullying, violations of copyright laws, etc.  MSAD #35 assumes no responsibility for illegal activities of employees while using school computers;

  2. Any use involving materials that are obscene, pornographic, sexually explicit or sexually suggestive;

  3. Any inappropriate communications with students or minors;

  4. Any use for private financial gain, or commercial, advertising, or solicitation purposes;

  5. Any use as a forum for communicating by email or any other medium with other school users or outside parties to solicit, proselytize, advocate or communicate the views of an individual or non-school-sponsored organization; to solicit membership in or support of any non-school-sponsored organization; or to raise funds for any non-school-sponsored purpose, whether profit or not-for-profit. No employee shall knowingly provide school email addresses to outside parties whose intent is to communicate with school employees, students, and/or their families for non-school purposes. Employees who are uncertain as to whether particular activities are acceptable should seek further guidance from the building principal or other appropriate administrator;

  6. Any communication that represents personal views as those of the MSAD #35 or that could be misinterpreted as such;

  7. Downloading or loading software or applications without permission from the system administrator.  Unauthorized copying of software is illegal and may subject the copier to substantial civil and criminal penalties. MSAD #35 assumes no responsibility for illegal software copying by employees;

  8. Sending mass emails to school users or outside parties for school or non-school purposes without the permission of the Technology Coordinator or building administrator;

  9. Any malicious use or disruption of MSAD #35’s computers, networks, and Internet services; any breach of security features; or misuse of computer passwords or accounts (the employee’s or those of other users);

  10. Any misuse or damage to MSAD #35’s computer equipment, including opening or forwarding email attachments (executable files) from unknown sources and/or that may contain viruses;

  11. Any attempt to access unauthorized sites or any attempt to disable or circumvent MSAD #35’s filtering/blocking technology;

  12. Failing to report a breach of computer security to the system administrator;

  13. Using school computers, networks, and Internet services after such access has been denied or revoked; and

  14. Any attempt to delete, erase or otherwise conceal any information stored on a school computer that violates these rules or other Board policies or school rules, or refusing to return computer equipment issued to the employee upon request. 

F.     No Expectation of Privacy

MSAD # 35 computers remain under the control, custody, and supervision of MSAD #35 at all times. MSAD #35 reserves the right to monitor all computer and Internet activity by employees and other system users. Employees have no expectation of privacy in their use of school computers, including email messages and stored files, and Internet access logs.

G.     Disclosure of Confidential Information

Employees are expected to use appropriate judgment and caution in communications concerning students and staff to ensure that personally identifiable information remains confidential.        

H.     Employee/Volunteer Responsibility to Supervise Student Computer Use

Employees and volunteers who use school computers with students for instructional purposes have a duty of care to supervise such use. Teachers, staff members, and volunteers are expected to be familiar with MSAD #35’s policies and rules concerning student computer and Internet use and to enforce them. When, in the course of their duties, employees or volunteers become aware of a student violation, they are expected to stop the activity and inform the building principal.

I.     Compensation for Losses, Costs and/or Damages

The employee is responsible for compensating MSAD #35 for any losses, costs, or damages incurred by MSAD #35 for violations of Board policies and school rules while the employee is using MSAD #35 computers, including the cost of investigating such violations. MSAD #35 assumes no responsibility for any unauthorized charges or costs incurred by an employee while using MSAD #35 computers.

 J.      Additional Rules for Use of Privately-Owned Computers by Employee

  1. The employee is responsible for proper care of his/her privately-owned computer including any costs of repair, replacement or any modifications needed to use the computer at school.

  2. MSAD #35 is not responsible for damage, loss or theft of any privately-owned computer.  

  3. Employees are required to comply with all Board policies/procedures and school rules while using privately-owned computers at school.

  4. Employees have no expectation of privacy in their use of a privately-owned computer while it is being used at school.  The contents of the computer may be searched in accordance with applicable laws and policies. 



Cross References: 

GCSA - Employee Computer and Internet Use

GCSB- Use of Social Media by School Employees

IJNDB/IJNDB-R- Student Computer and Internet Use

IJNDC- Website/Website Pages

IJNDC-R - M.S.A.D. #35 Website Guidelines

IJNDC-E – Guidelines Governing the Publishing of Student Information on the MSAD #35 Website  


Policy Adopted: February 27, 2008

Policy Reviewed: May 24, 2010

Policy Revised: January 9, 2013; December 20, 2023

Section G – Personnel

GCSB - Use of Social Media by School Employees

GCSB - Use of Social Media by School Employees

The Board recognizes that social media sites have become important means of communication with potential pedagogical value. This policy sets forth expectations for school employees when using social media for school-related and personal purposes. Employees are expected to preserve the integrity of the learning environment in their use of social media, and must maintain professional boundaries with students at all times.

"Social media" shall mean technology and/or Internet-based tool(s) for communicating or sharing information, opinions and ideas with others, including but not limited to websites, blogs, forums, social networking, social networking and image sharing applications and news sites.

A.   Approval Procedure

The use of social media for school-related purposes requires pre-approval in accordance with this policy. 

A school employee who desires to use social media for school-related purposes shall submit a proposal and request for approval to their building principal/supervisor. Proposals for the school-related use of social media should include an articulated educational purpose and be appropriate to the students' ages, level(s) of understanding, and range(s) of knowledge. Use of social media with students is limited to grades seven and higher. Any student under 13 needs parent/guardian permission to access approved social media.

The building principal/supervisor or designee may take one of the following actions on a proposal: 1) approval; 2) approval with required modifications or 3) denial. The building principal/supervisor may consult with the Superintendent or others as appropriate in evaluating the request. Any decision on a use of social media by a staff member resulting from this policy can be appealed to the Superintendent. The decision of the Superintendent shall be in writing and the decision is final. Any later modifications to a proposal that has been already approved must also be pre-approved by the building principal/supervisor. The building principal/supervisor may withdraw his or her approval at any time.

Approved proposals for the school-related use of social media shall be resubmitted annually by September 30th for review. If an employee discontinues their use of approved social media, the building principal/supervisor shall be notified. 

B.  Terms of Use

1. Content on approved social media shall at all times comply with school unit policies, procedures and guidelines as well as with any applicable state and federal laws (including confidentiality laws). 

2. The responsible school employee shall monitor any student use of the approved social media and shall remove content that violates school unit policies, procedures or guidelines, and/or state or federal laws. Any inappropriate use of approved social media shall be reported to the building principal/supervisor. 

3. The school unit may monitor any approved social media for compliance with applicable policies, procedures, guidelines and/or laws.

C.   Personal Use of Social Media

The Board understands that many school employees use social media for personal purposes on personal time. Employees shall keep their professional social media presence separate from their personal social media. Employees shall not use work time, school unit technology, or their work-issued email address for personal use of social media.

School employees are prohibited from “friending” students or engaging in any other interactions on social media (outside of any school-approved activity). 

School employees shall not engage in conduct that violates Board policies, procedures and guidelines; which adversely affects their capacity to serve as a role model for students; or which distracts from or disrupts the educational process or the operations of the schools.   

Violations of this policy may result in the withdrawal of approval to utilize social media for school purposes and/or disciplinary action, depending on the circumstances of each case.

 

 

Cross Reference: GCSA Employee Computer, Cell Phone, Electronic Devices, and Internet Use

GCSA-R Employee Computer and Internet Use Rules

GBEBB Staff Conduct with Students

GBEBA Staff Conduct, Ethics and Attire

IJNDB Student Computer and Internet Use

IJNDB Student Computer and Internet Use Rule

IJNDC-R Website Guidelines


Policy Adopted:  October 21, 2020

Policy Reviewed: April 26, 2023

Section H – Negotiations

Section H – Negotiations

Under development! (Pardon the dust)

Section H of MSAD 35 Board Policies has no content at this time, but as it is created will be added here for view.

Section I – Instruction

Section I – Instruction

IGA - Curriculum Development and Adoption

IGA - Curriculum Development and Adoption

As defined in Maine Department of Education rules, “curriculum” means MSAD #35’s written document that sets forth the learning expectations for all students for all content areas of Maine’s system of Learning Results, as well as for other content areas as specified by the Board.  

The MSAD #35’s curriculum shall reflect continuous, sequential and specific instruction aligned with the content areas of the Maine Learning Results.

Through its curriculum, the schools will provide courses and/or learning experiences that support multiple pathways for learning, accommodate variety of learning styles, provide multiple options for students to demonstrate proficiency, and prepare students for responsible citizenship and success in a global society. 

The Board recognizes that curriculum development, review and evaluation is an ongoing process, and that programs and practices may need to be adjusted or revised to meet educational standards, to reflect community aspirations and values, and to serve the best interests of students.

In development, revision and evaluation of curriculum, the Board expects that:

A. School administrators and staff will be sensitive to initiatives and other changing conditions that may require modifications in curriculum.

B. All programs will be subject to ongoing review and evaluation to ensure that they meet the instructional needs of students.

C. The school system will undertake intensive curriculum revision as needed.

D. The Superintendent/designee will take the lead in the ongoing curriculum development and review process and in aligning the alignment of curriculum with educational standards and with advances in knowledge, educational research and “best practices.”

E. Curriculum development and revision will be achieved with appropriate involvement of administrators, instructional and support staff, students, parents, community and the Board.

The Curriculum Director is expected to develop plans and timelines as necessary for the development, implementation and evaluation of the curriculum and to provide the Board with an annual report on the status of the curriculum. 

The Curriculum Director, under the supervision of the Superintendent, is expected to make recommendations concerning professional development, instructional materials and resources needed for curriculum implementation, consistent with Board policy.

 

 

                                                                                                                       

Me. Dept. of Ed. Rule Chapters 125, 127

 

Cross Reference: ADF-School Unit Commitment to the Learning Results

IJJ-Instructional and Library-Media Materials Selection                           


Policy Adopted: January 17, 1979

Policy Revised: December 2, 1998, December 19, 2007, October 20, 2010, September 01, 2021

Section I – Instruction

IGA-R - Curriculum Development - Process for Change Recommendations

IGA-R - Curriculum Development - Process for Change Recommendations

The Board’s policy on curriculum development encourages the participation of instructional staff. In order to provide a consistent method for consideration of suggestions for curriculum change initiated by staff, the Board endorses the following procedure.

For the purpose of this procedure, “curriculum” means the school unit’s written document that includes the learning expectations for all students for all content areas. The curriculum shall reflect continuous, sequential and specific instruction.

It is intended that this procedure apply to suggestions for significant changes in the District’s syllabus/instructional program outline.

A. Suggestions for curriculum changes shall be submitted in writing, to the building principal.

B. The building principal may invite administrators and instructional staff from the school and/or District and, as appropriate, parents and students, to discuss the proposed change.

C. Following consideration of the proposed change, the building principal may forward to the Curriculum Director a recommendation accompanied by the following data:

  1. Summary of the recommended change;
  2. Rationale for the recommended change;
  3. Details of the recommended change;
  4. Summary of discussions/consideration at the building principal level;
  5. Statement concerning the anticipated effect on other aspects of the curriculum; and
  6. An estimate of the anticipated cost to the District, supported by a list of resources required should the change be adopted, including but not limited to staffing requirements, space, materials and supplies.

D. The Curriculum Director, after consulting with the District’s administrative team, will forward a recommendation to the Superintendent. 

E. Following consideration of the Curriculum Director’s recommendation, the Superintendent will make his/her own recommendation to the Curriculum Committee. 

F. The committee may invite input from parents, students and the community. 

G. The Board will act on the Curriculum Committee’s recommendation.

 


Policy Adopted: October 20, 2010

Policy Reviewed: September 01, 2021

Section I – Instruction

IHBA - Individualized Education Programs (IEPs)

IHBA - Individualized Education Programs (IEPs)

It shall be the policy of MSAD #35 to maintain a complete individualized education program (IEP) for each student who has been identified with a disability and in need of special education services under state and federal special education laws, and who is in attendance at M.S.A.D. #35 schools.  M.S.A.D. #35 shall develop these IEPs in a manner consistent with the procedural requirements of state and federal special education laws.

Student IEPs shall be reasonably calculated to provide the identified student with educational benefits in the least restrictive educational environment. The school unit shall ensure that such IEPs are in effect within 30 days of when a student is first identified as in need of special education services, and in effect no later than the beginning of each school year for subsequent IEP’s. All IEPs must be reviewed at least annually, as prescribed by state and federal special education laws.



34 CFR § 300.320-.328 (2006)

Ch. 101 § IX(3) (August 2007) (Me. Dept. of Ed. Rules)

 

Policy Adopted: October 6, 2004

Policy Reviewed: October 20, 2010

Section I – Instruction

IHBAA - Referral and General Education Interventions

IHBAA - Referral and General Education Interventions

It shall be the policy of MSAD #35 to refer all school-age students suspected of having a disability that requires special education to the IEP Team for an evaluation in all suspected areas of disability.  

Referrals of students to the IEP team may be made by parents at any time and by professional school staff and regardless of the results of the initial child find activities, but after completion of the general education intervention process. Other individuals or agency representatives (including representatives of the Department of Health and Human Services) with knowledge of the child may also make referrals. Any such referral should be made in accordance with procedures that may be approved by the Superintendent of Schools.

Regardless of the source of the referral, a referral will be considered received by the school unit on the date that the written referral is received by the office of the Director of Special Services. It shall be signed and dated by Special Services Director or designee, thereby indicating the date of the receipt of that referral.  

The Superintendent, in consultation with the Director of Special Services, may develop procedures for referral and the use of general education interventions within the local school unit, and may from time to time amend those procedures as necessary.

 


Cross Reference: IHBAC – Child Find

IHBAA – Referral Procedures and General Education Interventions


Policy Revised: March 10, 1991, January 8, 2003,  November 17, 2010 and September 23, 2013, November 17, 2021

Section I – Instruction

IHBAA-R - Referral Procedures and General Education Interventions

IHBAA-R - Referral Procedures and General Education Interventions

MSAD #35 shall refer to the IEP Team all school-age students suspected of having a disability that requires special education and related services. Referrals to the IEP Team may be made by a child’s parent, by professional school staff, or by others with knowledge of the child.  Referrals should be made and processed consistent with these procedures.

REFERRALS BY PARENTS  

A parent may refer his or her child to the IEP Team at any time. That referral shall be made in writing directly to the office of the Director of Special Services.  Should the parent seek to make a referral through other professional staff (such as teachers, school counselors, or administrators), that professional staff member shall directly assist the parent in making the referral in writing to the office of the Director of Special Education. Should a parent attempt to make a referral orally, professional staff shall assist the parent in reducing that referral to writing and submitting it to the office of the Director of Special Services.

A parent referral shall be processed consistent with these procedures and governing timelines even if the child is receiving interventions pursuant to the school unit’s general education interventions. Those general education interventions shall continue during the referral process, however.

REFERRALS BY STAFF

Any professional employee of the school unit may refer a child to the IEP Team regardless of the results of initial child find activities, but only after completion of any general education intervention process used by the school unit. The school unit may move directly forward with the referral process in those circumstances where the school unit and parent agree to do so.  Even in that situation, however, general education interventions will continue during the referral process.  

Professional school staff shall prepare a referral in writing and shall submit that referral directly to the office of the Director of Special Services.  

REFERRALS BY OTHERS 

Individuals or agency representatives (including representatives of the Department of                                                              

MAINE SCHOOL MANAGEMENT ASSOCIATION

                                                                                            NEPN/NSBA Code:  IHBAA-R

Health and Human Services) with knowledge of the child may refer that child to the IEP Team regardless of the results of initial child find activities, but only after completion of any general education intervention process used by the school unit.  The school unit may move directly forward with the referral process in those circumstances when the school unit and parent agree to do so. Even in that situation, however, general education interventions will continue during the referral process. 

Should such a person attempt to make a referral orally, professional staff shall assist that person in reducing that referral to writing and submitting it to the office of the Director of Special Services. 

RECEIPT OF REFERRAL 

Regardless of the source of the referral, a referral is received by the school unit on the date that the written referral is received by the office of the Director of Special Services. It shall be signed and dated by the Special Services Director or designee, thereby indicating the date of the receipt of that referral. 

TIME LINE FOR PROCESSING REFERRAL 

Once the referral has been received in the office of the Director of Special Services, the IEP Team shall review existing evaluation data and determine the need for additional evaluations. The IEP Team may conduct its review without a meeting.  If additional evaluations are needed, the local unit must send a “consent to evaluate” form to the parent within 15 school days of receipt of the referral. Also upon receipt of the referral (from any source), the local unit shall send the parent its Written Notice form documenting that referral. 

Once the office of the Director of Special Services receives the signed consent for evaluation back from the parent, the local unit shall have 45 school days to complete the evaluation and to hold an IEP Team meeting to determine whether the student qualifies for special education services. If the student is identified as a child with a disability in need of special education, the Team should develop an IEP for that child either at that same meeting, or within 30 calendar days of determining that the student is eligible.

The local unit shall implement the IEP as soon as possible following the IEP Team meeting when the child is found eligible, but no later than 30 calendar days after that meeting.

TRANSFER STUDENTS 

Students who have already been identified as in need of special education services and who transfer into the school unit from another school unit within Maine (and who had an IEP that was in effect in a previous school unit in Maine) shall on enrollment and in consultation with the parent be provided with FAPE (including services comparable to those described in the child’s IEP from the previous school unit) until the local unit either adopts the child’s IEP from the previous unit or develops, adopts and implements a new IEP. 

Students who have already been identified as in need of special services and who transfer into the school unit from another school unit from outside of Maine (and who had an IEP that was in effect in a previous school unit in another state) shall on enrollment and in consultation with the parent be provided with FAPE (including services comparable to those described in the child’s IEP from the previous school unit) until the local unit conducts an evaluation (if determined to be necessary by this school unit) to determine whether the student is eligible for special education, and if so, develops, adopts and implements a new IEP. 

If the transfer student's current IEP from his or her prior school unit is not available, or is believed to be inappropriate by either the parent or the school, the local unit should develop a new IEP through appropriate procedures within a short time after the student enrolls at the school.

If a child transfers into the school unit after the referral time line has begun in the previous school unit but before an eligibility determination has been made, the time line referenced above for completing that process shall not apply if the local unit is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and school unit agree to a specific time when the evaluation will be completed and the eligibility decision made. 

GENERAL EDUCATION INTERVENTIONS

General education interventions are general education procedures involving regular benchmark assessment of all children, using curriculum based measurements, to monitor child progress and identify those children who are at risk of failing.  Children who are at risk receive responsive interventions in the general education program that attempt to resolve the presenting problems of concern. General educators are encouraged to confer with specialists and teaching professionals, but general education personnel are responsible for the implementation of the intervention. 

MSAD #35 shall implement general education interventions. These interventions shall include:

a. Documentation that every child, prior to entering the general education intervention process, was provided with appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965 (ESEA), appropriate mastery based instruction in math, appropriate instruction in the writing process, and positive behavioral supports;

b. A team-based decision-making process;

c. Screening at reasonable intervals to determine whether all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements;

d. Data Analysis of screening results focusing on determining to what extent all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements and identifying which children are not making adequate progress towards these goals and are in need of targeted general education interventions;

e. A determination as to whether a child’s assessed difficulties are likely the result of linguistic or cultural differences;

f. Provision of research-based general education interventions targeted at the child’s presenting academic and/or behavioral concerns as determined by screening results;

g. Repeated formative assessments of student response to targeted interventions, conducted at reasonable intervals, that generate rate based measurable data for both specifying academic and behavioral concerns and monitoring child progress during general education interventions;

h. Documentation that parents were notified about the process, given the opportunity to participate in instructional decision-making, and kept informed of their child’s progress during targeted general education interventions; 

i. A team shall review the child’s progress no later than 60 school days after the start of formal general education interventions and approximately every 30 school days thereafter. At each meeting the team shall review data on the child’s progress to determine if modifications to the general education interventions are needed and/or if a referral to special education is indicated: and

j. Provisions for targeted general education interventions to continue during any subsequent special education referral.

The parent of a child receiving general education interventions may request that the agency conduct a full and individual evaluation for possible special education eligibility determination at any time during [school unit name]’s established general education intervention process.

The general education interventions developed through this pre-referral process shall continue in the event of a referral while the referral is being handled by the IEP Team, and the resulting data shall become part of the child’s special education file.



Cross Reference: IHBAC – Child Find

IHBAA – Referral and General Education Interventions


Policy Adopted: December 6, 1989

Policy Revised: March 10, 1991, January 8, 2003, November 17, 2010, September 23, 2013, November 17, 2021

Section I – Instruction

IHBAC - Child Find

IHBAC - Child Find

M.S.A.D. #35 seeks to ensure that all children within its jurisdiction who are school-age, 5 and under the age of 22, and who are in need of special education and supportive assistance. This includes homeless children, state wards, state agency clients, students who have been suspended or expelled, children attending private schools receiving home instruction, children incarcerated in county jails, children who have the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year, highly mobile children (including migrant or homeless), and children who are suspected of being disabled and in need of special education and supportive assistance even though they are advancing from grade to grade are identified, located, and evaluated.

MSAD #35’s child find responsibility shall be accomplished through a unit-wide process which, while not a definitive or final judgment of a student’s capabilities or disability, is a possible indicator of special education needs. Final identification of students with disabilities and programming for such students occurs only after an appropriate evaluation and a determination by the IEP Team.

The school unit shall provide Child Find during the first 30 days of the school year or during the first 30 days of enrollment for transfer children, in addition to other Child Find activities provided by the school unit.

This Child Find process shall include obtaining data on each child through multiple measures, direct assessment, and parent information regarding the child’s academic and functional performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing and cognitive skills. MSAD #35 may schedule child find activities during its annual kindergarten enrollment to assist in planning for necessary special education and related service at the start of the school year. If screening occurs in the spring prior to school entry, MSAD #35 will refer the child to the regional Child Development Services (CDS) site within 10 school days.

If the Child Find process indicates that a student may require special education and supportive services in order to benefit from regular education, the student shall be referred to the IEP Team to determine the student’s eligibility for special education services.

School staff, parents, or agency representatives or other individuals with knowledge of the child may refer children to the IEP team if they believe that the student, because of a disability, may be in need of special education and supportive services in order to benefit from regular education.  Such a referral should follow the school unit’s pre-referral and referral policy.

 

                              Me Dept. of Educ. Administrative Letter 1 (January 21, 2021

 

Policy Adopted: April 1, 1987

Policy Revised: December 6, 1989, May 1, 1996, January 8, 2003, December 1, 2004 and November 17, 2010, November 17, 2021 

Section I – Instruction

IHBAI - Independent Educational Evaluations (IEEs)

IHBAI - Independent Educational Evaluations (IEEs)

A parent of a student with disabilities has a right to obtain an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by MSAD #35. An “independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by MSAD #35. 

If a parent requests an independent educational evaluation at public expense to challenge an evaluation obtained by MSAD #35, the school must provide a written response to that request within a reasonable period, not to exceed 30 days of the receipt of the request, and shall, without unnecessary delay, either (1) initiate a hearing with the Maine Department of Education to show that its evaluation is appropriate, or (2) ensure that an independent educational evaluation is provided at public expense, unless MSAD #35 demonstrates in a hearing with the Maine Department of Education that the evaluation obtained by the parent did not meet agency criteria.

If a parent requests an independent educational evaluation at public expense, the public agency may ask for the parent’s reason why he/she objects to MSAD #35’s evaluation. However, the explanation by the parent may not be required, and MSAD #35, may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend MSAD #35’s evaluation. 

If the independent evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that MSAD #35 uses when it initiates an evaluation.

MSAD #35 shall provide to the parent, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and information about the school’s criteria applicable to independent educational evaluations at public expense.

If the parent obtains an independent educational evaluation at private expense, the results of the evaluation must be considered by MSAD #35, if that evaluation meets MSAD #35’s criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education for the child.

If the parent requests an independent evaluation at public expense when the parent does not disagree with an evaluation provided by MSAD #35, or when the school has not recently provided an evaluation in the area requested, the parent request shall be referred without unnecessary delay to the PET to determine whether the PET should order an evaluation in the area requested.

 


Legal Reference: 34 CFR § 300.502 (March 1999)

Ch. 101 §§ 9.19, 12.5 (Nov. 1999) (Me. Dept. of Ed. Rules)


Policy Adopted: December 1, 2004

Section I – Instruction

IHBAK - Life Sustaining Emergency Care

IHBAK - Life Sustaining Emergency Care

A primary concern of M.S.A.D. #35 shall be with the health and safety of its students. In emergency situations involving accident or illness, school employees should undertake reasonable efforts to provide first aid or life-sustaining emergency care to the extent of their knowledge and training, and/or to seek the assistance of school medical personnel or other staff members to obtain emergency assistance for the student.

For those students who may present an ongoing need for medical interventions at school, including a need for life-sustaining emergency care, school personnel shall convene a team meeting for the purpose of developing an individualized plan to address the student’s specialized health needs. The team should include persons at the school who are knowledgeable about the student, as well as the student’s parents and a school administrator. The Team may consider requests from the parents that alternative forms of life-sustaining emergency care be used as part of that plan, but those requests must be substantiated by specific medical documentation from the student’s physician. The Team shall not approve a parental request to deny all life-sustaining emergency care for a student, but may specify that only certain types of intervention are appropriate in a particular situation.

For the purpose of this policy, “life-sustaining emergency care” means any procedure or intervention applied by appropriately trained school staff that may prevent a student from dying who, without such a procedure or intervention, faces a risk of imminent death. Examples of life-sustaining emergency care include: efforts to stop bleeding, unblocking airways, mouth-to-mouth resuscitation, and cardiopulmonary resuscitation (“CPR”).

 


Cross Reference: JLCE – First Aid and Emergency Medical Care


Policy Adopted: January 5, 2005

Policy Revised: November 17, 2010

Section I – Instruction

IHBB - Gifted and Talented Education

IHBB - Gifted and Talented Education

Philosophy

The Board recognizes the importance of identifying students of unusual ability in the following areas: general intelligence, academic aptitude, creative thinking, or visual and performing arts. Identification instruments, selection criteria and procedures will ensure that participants are of gifted intellect or are talented performers or both. 

Programs will be designed to meet the needs of individual students in the context of existing educational programs in order to provide the least restrictive educational environment while maintaining social relationships and social development.

Goals

To provide talented and gifted children with:

A.    An opportunity for challenge of their intellectual abilities;

B.    An outlet to develop their creative thinking;

C.    Experiences designed to nurture leadership ability;

D.    A means to expand their academic achievements; and

E.     An opportunity to express their artistic and performing arts talents.




Policy Adopted: April 16, 2008 

Policy Revised: November 17, 2010

Section I – Instruction

IHBEA - Program for English Language Learners

IHBEA - Program for English Language Learners

The Board recognizes the need to provide a program for students who are English language learners in order to assure these students of equal educational opportunity. 

To that end, the Superintendent shall be responsible for developing and implementing a “Lau Plan” to meet the needs of students who are English language learners, including procedures for identification, assessment, programming, monitoring or progress, exit/reclassification, follow-up, and parent notification. A Language Assessment Committee shall be appointed to assist in the coordination, oversight and periodic review of the program.

The Lau Plan shall be approved by the Board before it is submitted to the Maine Department of Education.

At the beginning of each school year, MSAD #35 will notify parents of students identified for or participating in programs for English language learners about the instructional program and parent rights, as required by law. Parents will be regularly informed of their child’s progress. Whenever practicable, communications with parents will be in the language understood by the parents.


 

Legal Reference: 42 U.S.C. § 2000d (Title VI, Civil Rights Act of 1964)

20 U.S.C. § 6801 et seq.

Me. Dept. of Educ. Rule Ch. 127.02

 

Adopted: October 21, 2020

Cross reference:IHBEA-R - LAU Plan

Section I – Instruction

IHBEA-R - LAU Plan

IHBEA-R - LAU Plan



  1. Every Student Succeeds Act (2015) provides for strong accountability for the education of all children and for certain provisions specific to limited English proficient students, especially under Titles I and III of the Act. NCLB also provides funds to states and local schools and universities to carry out the intent of the Act.
  2. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin (and other civil rights).
  3. Equal Education Opportunities Act of 1974  provides that no state shall deny equal educational opportunity to an individual on the basis of race, color, sex, or national origin.
  4. Lau vs. Nichols (1974) ruled that providing the same access to curriculum, instruction, and materials for students of limited English proficiency as is provided to English dominant students is not in effect equitable
  5. Plyler vs. Doe (1981) ruled that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants
  6. Castañeda vs. Pickard (1981) case precedent requires schools to use a three-pronged approach to assure that they are following the spirit of the above decisions vis-à-vis: a practice grounded in sound educational theory; effective implementation of an appropriate program; assurance that the program is working


English Learner Identification


Action Required by Federal Law and/or State Policy

In specific detail, when and how is this action accomplished in the SAU? Include the job title of the person responsible for ensuring that each action is completed. 

Administration of the Maine DOE 

“Language Use Survey” 

Each school within the district has a registration packet. Each registration packet has a “Language Use Survey”. The administration at each school is responsible for administering the “Language Use Survey”.

Translation / Interpretation Services Provided to Parents / Guardians

The ESL Coordinator is responsible for finding a translator or providing translation services. MSAD 35 has a contract with the “Language Bank” to find the appropriate translator or translation services. 

Referral of all Potential English Learners for Screening

Beginning in 2020, all Language Use Surveys will be sent to the ESL Coordinator to be evaluated. Any students who have indicated a language other than English on the “Language Use Survey” will be screened by the ESL Coordinator. 

Administration of English Language Proficiency Screener

The ESL Coordinator will administer the WIDA Screener to eligible students. 

Language Acquisition Committee Meeting to Develop Program of Services for identified English Learners*

Committee includes: The ESL Coordinator, mainstream teacher, guidance counselor (if applicable), guardian/parent of the student, and an administrator of the school the student attends. The student is requested at the meeting for grades 6-12th. 

* Identification of English learners must occur within 30 days of enrollment from the beginning of the school year or within two weeks of enrolling during the school year.

Development of Individualized Language Acquisition Programs

1. How a student’s program is developed:

     a.  First the ELL coordinator looks at the student’s WIDA Screener scores, and determines what level the student is performing at, whether it be Level 1 → Level 6. 

     b.  After learning what proficiency level the student is currently at, the ESL teacher creates goals using the WIDA “Can Do Descriptors - Official Uses” for the two domains that the student is most struggling with. 

     c.  The teacher will also create goals using the grade level standards. 

     d.  Once the goals are set, the ESL teacher will begin lessons to reach these goals as they pertain to the student’s needs in reading, writing, listening, and speaking. The teacher will use research based approaches to aid the student in accessing the grade level curriculum. 

  2. The program options offered to English learners

     a. Mixed classes with English-only Support 

        i.  English proficiency and content are the focus of instruction. The student’s native language is not used in instruction or as support. Support is provided either inside or outside of the regular classroom. 

        ii.  Class composition: ELLs and non-ELLs share a classroom

        iii.  Students are either pulled from class or the ESL teacher is part of the class, supplementing instruction. 

        iv.  If a student is pulled from class, they are only in a session with the ESL teacher, either one-on-one or with another ELL student. 

    1. The LIEP classification then becomes “EL Specific with English-only Support”


3.  The typical amount of frequency of services provided to English learners by proficiency level/grade

Level 1 

Co - teaching / Sharing of strategies with teacher to implement on daily basis

~240 minutes / week of contact time  

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 2

Co - teaching / Sharing of strategies with teacher to implement on daily basis

~180 minutes / week of contact time 

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 3 

Sharing of strategies with teacher to implement on daily basis

~120 minutes / week of contact time 

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 4 

Sharing of strategies with teacher to implement on daily basis

~30-60 minutes / week of contact time 

K-5 more “push in” services  / pull out when appropriate

6-8 mixture of “push in” and “pull out” (depending on student comfort) 

9-12 pull out services 

Level 4.5 +

Monitor students 

Midyear reports on student progress and opportunity for teacher(s) or student to express concerns 

Bi-weekly grade(s) check 


4.  How the LEA meets the needs of English learners who parent/guardian declines services

     a.  ESL teacher informs the parent that the child will still need to participate in the ACCESS for ELLs 2.0 testing regardless if the student receives direct services. 

     b.  The ESL teacher will work with the mainstream teacher(s) to provide strategies and helpful tools to provide support for the ELL student. 

     c.  The ESL teacher may act as classroom support to help all struggling students including the ELL student. 


5.  Policies and procedures for updating an English learner’s program annually (at minimum) 

     a.  Quarterly consults, and midyear/end year report from mainstream classroom teachers reflecting and evaluating on the ELL student’s ESL goals, to see if the student has demonstrated proficiency of the goal, is still working on the goal but is showing growth, is still working on the goal but the skill is still weak, or if the skill has not been seen. 

     i.  Teachers indicate this growth by assigning a letter to correspond to the level of proficiency. 

    1. C = Completed and proficient 
    2. W+ = Working on skill / growth in skill 
    3. W- = Working on skill  but still weak 
    4. X = Not seen / not applicable

6.  ACCESS for ELLs 2.0 results 

     a.  Once the results for the ACCESS test have been received the ESL teacher will evaluate the growth or stagnation of the student’s English proficiency. 

     b. After the scores have been reviewed, the ESL teacher will update the ILAP and organize a meeting with the LAU committee, including the child’s guardians and the student himself. 

     c.  The updates to the ILAP will include new goals, new degrees of services, new accommodations, new scores etc. 

7.  Record-keeping procedures 

     a.  All documentation: Original ILAP, updated ILAP, meeting minutes, scores from Screener & ACCESS for ELLs 2.0 are all in the student’s cumulative file, as well as on the district’s online portal - “Infinite Campus”

     b.  Each student has an online portfolio within “Google Drive” that also includes the information listed above. 

Meaningful and Equitable Access to Academic and Extracurricular Program 

  1. How LEA ensures that each program / activity that its schools offer is accessible to English learners

          a. The ESL teacher reviews the clubs and programs that the district offers at each school. Using pictures, schedules, videos, and tools, the ESL teacher goes into explanations of the varying clubs and programs. If a student shows interest, the ESL teacher goes into further explanation and coordinates with that club, sport, or program’s advisor to aid in providing an environment that will be welcoming and conducive for an ELL student. 

          b.  The ESL teacher is always available to all faculty, staff, and community members should any questions or concerns arise. 

2.  English learners’ access to rigorous, grade-level-appropriate coursework

     a.  The ESL teacher will create individual curriculum for each student according to the Can Do Descriptors and the grade level standards. The ESL teacher will provide strategies, tools, and methods to the mainstream teachers to help differentiate instruction for the ELL student, while the ESL teacher will provide supplementary instruction inside or outside of the classroom with that particular ELL student. 

3.  Equitable identification policies and procedures for special educational opportunities (such as Gifted & Talented, Advanced Placement etc)

     a.  The ESL teacher will teach the ELL student strategies in order to handle the advanced coursework in an AP class. The ESL teacher will continue to provide strategies and tools to the mainstream teachers to help differentiate the instruction in order to help the ELL access the curriculum. 

     b.  If a student is showing great growth in their English proficiency, then the ESL teacher will recommend the student for Gifted and Talented. The mainstream teacher can recommend the student for Gifted and Talented, or more advanced classes if they are noticing strong abilities in the student’s work. 

Equitable Personnel, Facilities, and Materials

  1. LEA provides assurance that paraprofessionals, aides, or tutors will not be used to provide long-term support to English learners in place of qualified teachers

      a.  In the MSAD 35 school district the ESL teacher is the only professional working with ELL students. If an aid is needed, the ESL teacher will be providing the curriculum and lessons needed to instruct the student.
 

     2. LEA ensures that the caseload of its teachers serving English learners allows for effectively meeting all English learners’ needs. 

     a.  If the ESL teacher is not able to meet with all the students for their recommended amount of time, the district would provide a paraprofessional to aid the ESL teacher in instructional lessons. 

     b. The ESL teacher continuously evaluates the students’ needs in order to ensure that time is being appropriately used for those students who truly need the services.

3.  Training provided to mainstream/content area teachers on strategies for meeting the needs of English learners in the mainstream. 

     a.  The ESL teacher is constantly providing strategies and tools to the mainstream teacher through language research, researched based strategies, small but effective changes to instruction and the classroom environment, as well as providing modeling examples or small example lessons on how the teacher could present the information. 

     b.  The district is also open to providing professional development for teachers on how to recognize common struggles an ELL may face in the mainstream classroom, and how to help the student through these obstacles. 

        i.  The ESl teacher provides the teacher with a document of “signs” that an ELL is struggling within their classroom. Receptive & Expressive ELL Signs

4.  The equitable facilities and materials provided for the education of English learners as compared to their non-English learner peers

     a.  Students in the ESL program are given the same information and instruction as the non-ELL students, but with some accommodations and differentiated materials. 

     b.  ELL students have the opportunity to use the same facilities (library, computer lab etc.) as the non-ELL students

5.  How it ensures that English learners are not unnecessarily segregated from their non-English learner peers

     a.  The ELL students are in the mainstream class along with their non-ELL peers. The ESL teacher only pulls a student out of class for an 80 minute period at most, or pushes into the classroom for ESL services. 

Annual English Language Proficiency Test Administration

  1. How LEA ensures that all English learners will be administered ACCESS for ELLs/Alternate ACCESS annually.

      a.  The ESL teacher will administer the assessments to the ELL students annually during the testing period via macbook, google chrome, or paper version testing.

     2.  Policies and procedures for addressing parents/guardians who wish to opt out of required testing

       a.  The ESL teacher should refer to the following document: “ELLs Who Opt Out” from the Maine DoE. 

       b.  LEAs may not recommend that a parent opt a child out of EL programs or services for any reason. 

       c.  It needs to be clear to the parents/guardians that even if the student does not receive services, they are still obligated to take the annual testing. 

Exit and Monitoring

  1. Policies and procedures for monitoring the academic performance of former English learners

       a.  The ESL teacher will consult and meet with teachers and the monitor students at least once during the year to check in on their progress. 

       b.  The ESL teacher will check the student’s academic progress (grades) via Infinite Campus and/or teacher consult on a bi-weekly basis. 

       c.  Students on “monitor” still have annual ILAP meetings, where a goal is set that corresponds with academic performance. Students are to demonstrate proficiency in all their academic classes/criteria.

     2.  How the LEA ensures that students who were screened for English learner status upon enrollment but did not qualify are provided an opportunity for rescreening and entered into English learner status when necessary. 

       a.  If teachers are seeing a student struggle with demonstrating proficiency in their academic work, they can contact the ESL teacher at any time. 

       b.  If the student’s grades and the teachers’ comments express concern that a student is struggling with academics due to English proficiency, then the student will be rescreened for ESL services. 

Ongoing Program Evaluation

1.  LEA provides general goals of its programs for English learners

    1. The LEA’s goals reflect and strive to accomplish the 5 WIDA English Language Development Standards:

            i.  Standard 1 – Social and Instructional Language
                 English language learners communicate for social and instructional purposes within the school setting.

           ii.  Standard 2 – Language of Language Arts
                English language learners communicate information, ideas and concepts necessary for academic success in the content area of language arts.

            iii.  Standard 3 – Language of Mathematics
                 English language learners communicate information, ideas and concepts necessary for academic success in the content area of mathematics.

            iv.  Standard 4 – Language of Science
                 English language learners communicate information, ideas and concepts necessary for academic success in the content area of science.

             v.  Standard 5 – Language of Social Studies
                 English language learners communicate information, ideas and concepts necessary for academic success in the content area of social studies.

2.  LEA demonstrates its process for evaluation of academic and language acquisition programming provided to English learners. 

     a.  The goals to determine a student’s proficiency are set using the Can Do Descriptors of the student’s grade level and domain(s) of need. 

     b.  The goals that are set are then used to drive the curriculum for that student within the ESL program. 

     c.  The ESL teacher is providing the student with research based strategies to help the student achieve their ESL goals within the mainstream classroom. 

     d.  Once a student has demonstrated proficiency of a skill with 80% accuracy in the ESL and mainstream classroom, we determine that the student is proficient in that particular skill and is ready for a greater challenge. 

     e.  Once a student has achieved a goal, we re-evaluate the goals and determine what the next challenge is for that student. 

     f.  If a student is not improving or is struggling to become proficient on a particular skill, the ESL teacher will re-evaluate how the skill is being taught - and may seek the guidance of others for suggestions.

3.  Longitudinal data collection and analysis methods, including data on former English learners, as part of ensuring that long-term outcomes are comparable to those of students who were never English learners.

     a.  The goals that are set for ELLs are based on Can Do Descriptors and standards for each grade level. The student needs to show proficiency of all the goals listed on the ILAP. 

     b.  The ESL teacher tracks progress of goals using a special teacher report that teachers fill out at the midyear point and the end of the year. The ESL teacher will also be having consultations with teachers using the teacher consult form to monitor the student’s growth on a bi-monthly basis. Example of Teacher Consult Report

     c.  All the reports will be collected into a Google Drive - digital portfolio. The summary of the teacher reports will be considered and compared to the ESL teacher’s final summary of student progress. One can see the final results of the goals by the end of the year by looking at the updated ILAP.

4.  The individuals (job titles) responsible for completing ongoing program evaluation

     a.  The ESL teacher for the district is responsible for consulting with teachers on curriculum and constantly maintaining and evaluating the ESL program and its effectiveness. 

Meaningful Communication with Parents/Guardians

  1. How an LEA determines which parents/guardians need translation / interpretation services

           a.  When the office welcomes new registrants to the school, if the parent can not fill out the English survey, the parents will use the Language ID card to indicate a language other than English (again, if necessary). The Language survey will be administered in the home language of the family, which will indicate to the ESL teacher that an interpreter is needed. 

           b.  The ESL teacher will communicate with the student to confirm if the parents speak another language other than English (if the ELL is able to tell the ESL teacher this information)

   2.  LEA language access policy / plan

         a.  If the language survey indicates that the parent/guardians will need an interpreter, MSAD 35 has  a contract with the Language Bank. The ESL teacher will coordinate a meeting with the Language Bank interpreter and the parents/guardians to discuss the student’s ESL plan. 

         b.  The ESL teacher will use the Language Bank for written translation as well, when needed.

   3.  LEA staff training on when and how to provide translation / interpretation services for families. 

        a.  The ESL teacher, and staff of “Special Services” are all aware on how to obtain an interpreter for an ILAP meeting and for any other translation services. 

Legal Reference: 42 U.S.C. § 2000d (Title VI, Civil Rights Act of 1964)

20 U.S.C. § 6801 et seq.

Me. Dept. of Educ. Rule Ch. 127.02


Cross Reference:  Program for English Language Learners - IHBEA

Policy Adopted:  December 20, 2000
Policy Revised:  October 5, 2005, March 16, 2016, November 18, 2020

Section I – Instruction

IHBG - Home Schooling

IHBG - Home Schooling

Parents/guardians who wish to have their children fulfill the compulsory school attendance law through equivalent education by home schooling must comply with the provisions of 20-A MRSA § 5001-A(3)(A)(4).

A. The student’s parent/guardian must provide a written notice of intent to provide home instruction simultaneously to the Superintendent of the school unit in which the student resides and to the Commissioner of the Department of Education within ten calendar days of the beginning of home instruction. The notice must contain the following information:

1. The name, signature and address of the student’s parent/guardian;

2. The name and age of the student; 

3. The date the home instruction program will begin; 

4. A statement of assurance that indicates the home instruction program will provide at least 175 days annually of instruction and will provide instruction in:  English and language arts, math, science, social studies, physical education, health education, library skills, fine arts, and, in at least one grade from grade 6 to 12, Maine studies.  At one grade level from grade 7 to 12, the student will demonstrate proficiency in the use of computers; and

5. A statement of assurance that indicates that the home instruction program will include an annual assessment of the student’s academic progress that includes at least one of the forms of assessment described in 20-A MRSA § 5001-A(3)(A)(4)(b) and paragraph B below.

B. On or before September 1 of each subsequent year of home instruction, the student’s parent/guardian must file a letter with the Superintendent of the administrative unit in which the student resides and to the Commissioner stating the intention to continue providing home instruction and enclose a copy of one of the following forms of annual assessment of the student’s academic progress:

1. A standardized achievement test administered through the administrative unit in which the student resides or through other arrangements approved by the Commissioner. If the test is administered through the administrative unit in which the student resides, that administration must be agreed to by the Superintendent of the administrative unit prior to submission of the written notice of intent to provide home instruction;

2. A test developed by the Superintendent/designee of the administrative unit in which the student resides appropriate to the student’s home instruction program, which must be agreed to by the Superintendent of the administrative unit prior to submission of the written notice of intent to provide home instruction;

3. A review and acceptance of the student’s progress by an identified individual who holds a current Maine teacher’s certificate;

4. A review and acceptance of the student’s progress based on, but not limited to, a presentation of an educational portfolio of the student to a local area homeschooling support group whose membership for this purpose includes a currently certified Maine teacher or administrator; or

5. A review and acceptance of the student’s progress by a local advisory board selected by the Superintendent of the administrative unit in which the student resides that includes one administrative unit employee and two home instruction tutors. A “home instruction tutor” means the parent/guardian or other person who acts or will act as a primary teacher of the student in the home instruction program. This provision must be agreed to by the Superintendent of the administrative unit in which the student resides prior to submission of the written notice of intent to provide home instruction.

C. Dissemination of any information filed under 20-A MRSA § 5001-A(3)(A) (which applies to alternatives to attendance at public day school, including home schooling) is governed by the provisions of 20-A MRSA § 6001 (dissemination of information); the federal Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g (2002); and the federal Education for All Handicapped Children Act of 1975, 20 USC § 1401-1487 (2002), except that  “directory information” as defined by the federal Family Educational Rights and Privacy Act (FERPA) is confidential and is not subject to public disclosure unless the parent/guardian specifically permits disclosure in writing or a judge orders otherwise.  Copies of any information filed under 20-A MRSA § 5001-A(3)(A) must be maintained by the student’s parent/guardian until the home instruction program concludes. The records must be made available to the Commissioner upon request.

D. 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. 

The Board accepts no responsibility for the unit in the application, review, approval, or oversight of home instruction programs except as provided for by law or this policy. 

Participation by home-schooled students in the public school program shall only be permitted as described elsewhere in Board policy.

The Superintendent shall maintain a roster of all students eligible to attend school within the school unit who are receiving equivalent instruction, as provided in Department of Education rules.

 

 

 

Legal Reference: 20-A MRSA§ 5001-A

Ch. 125 § 12.02, Ch. 130 (Me. Dept. of Ed. Rules)

 

Cross Reference: JEA – Compulsory School Attendance

IHBGA – Home Schooling—Participation in School Programs

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

 

Adopted: January 5, 2011 

Policy Reviewed: December 5, 2011, June 19, 2019

Section I – Instruction

IHBGA - Home Schooling - Participation in School Programs

IHBGA - Home Schooling - Participation in School Programs

The Board acknowledges the provisions for equivalent instruction under Maine law. The Board further recognizes the Legislature’s statement “that the term ‘equivalent’ is intended to mean meeting state standards for alternate or other instruction and is not intended to mean the same as the education delivered in the public school system.”

In addition, it is the intention of the Board to, “cooperate in the home instruction of any child who resides in the school administrative unit to the degree that the level of cooperation does not interfere with the responsibilities to the students enrolled in M.S.A.D. #35’s regular programs.” Furthermore, participation of students in such school programs shall be limited to home-schooled students whose home instruction programs are in compliance with applicable Maine law and Department of Education regulations.

In order to maintain an efficient and orderly school program, the Board directs the Superintendent/designee to develop procedures, as appropriate, regarding the availability of school system resources and services to home-schooled students who would otherwise be eligible to attend school in M.S.A.D. #35. The procedures shall be in accord with the following provisions.

I.     Provision of Information

At the request of the student or the student’s parent/guardian, this school unit shall make available to home-schooled students, in a form determined by the school, information regarding access to public school activities and attendance at the school unit’s schools. This information must include:

A.   Requirements regarding initial health and developmental screening for motor skills, vision, hearing, and immunization; and

B.  Criteria for participation of home-schooled students in curricular, co-curricular, and extracurricular activities.

II.    Permitted Participation

A. Participation in Regular Classes. Home instruction students may enroll in specific, day-school classes provided that the student’s attendance is regular, the class is deemed to be age and grade appropriate, and all prerequisite course requirements are met. In addition, the following shall also apply.

1.  The student or the student’s parent/guardian, on the student’s behalf, shall apply in writing to and receive written approval from the Superintendent/designee. Approval may not be unreasonably withheld.

2. The student shall demonstrate prior satisfactory academic achievement consistent with school unit policy and procedures applicable to all students.

3.   The student shall comply with behavioral, disciplinary, attendance and other classroom rules applicable to all students. If a student fails to comply, the school may withhold credit or terminate the student’s participation. 

4.    Transportation must be provided by the parent/guardian or student. However, the student may use the same transportation as all other students in the school unit as long as additional expenses are not incurred and vehicle capacity is not exceeded.

5.     The student shall complete all assignments and tests as required of all students in the same class.

B. Course Auditing. Home instruction students may audit a course(s) provided the following conditions have been met.

1. The student or the student’s parent/guardian, on behalf of the student, shall apply in writing to and receive written approval from the Superintendent/designee to audit a specific course or courses. Participation may not be unreasonably withheld.

2. The student agrees to meet established behavioral, disciplinary, attendance and other classroom rules applicable to all students. If a student fails to comply, the school may terminate participation.

III.      Special Education Services

Special education services will be available to eligible special education students in accordance with applicable federal and state laws and regulations.

IV.   Admission to Regular Program/Placement

A student who has been receiving home-school instruction and who seeks admission to the regular school program will be placed in a grade commensurate with the level of the student’s academic achievement. Placement must be guided by the following.

A.   For students who transfer into school from an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the student’s prior educational experience toward meeting these standards. 

B.   Appropriate school staff may make recommendations concerning placement based on, but not limited to, factors such as the student’s completed curricula and record of achievement, conferences with the student’s parent/guardian, and administration of tests.

C.    The final grade placement decision shall be made by the principal. The principal’s decision may be appealed to the Superintendent, whose decision shall be final. 

V. Re-Admission to the School Program

Placement of homeschooled students who wish to be readmitted to the school program will be determined by the principal who shall consult with members of the professional staff to the extent appropriate and, as deemed necessary, to make a reasonable determination that the requisite academic standards have been met, and collect from parents actual samples of coursework (e.g., homework, papers, examinations). The principal may also direct that a test or tests be administered to help determine the student’s progress toward meeting the content standards of the Learning Results for the purpose of determining an appropriate grade level. The decision of the principal may be appealed to the Superintendent. 

VI.   Use of School Textbooks and Library Books

Subject to availability, a student receiving home instruction may use school textbooks, if the number of particular copies is sufficient, and library books owned by the school unit, subject to the following conditions.

A.   The use does not disrupt regular student, staff or special program functions.

B.   The student’s sign-out period for a library book is the same as that applicable to regularly enrolled students.

C.  The student may sign out a textbook for a period not to exceed one school year.

D. The parent/guardian and student agree to reimburse the school unit for lost, unreturned or damaged library books and textbooks and for consumable supplies used.

VII.     Use of School Facilities and Equipment 

A student receiving home-school instruction may use public school facilities and equipment on the same basis as regularly enrolled students if the following conditions are met.

A.   The use does not disrupt regular school activities.

B.   The use is approved by the school principal in accordance with established school policy.

C.   The use does not create additional expense to the school unit.

D.   The use is directly related to the student’s academic program.

E.    The use of potentially hazardous areas, such as shops, laboratories, and gymnasiums, is supervised by a qualified employee of the school unit, approved and assigned by the Superintendent. 

VIII.   Mandated Educational Assessments

If a parent of a student in an equivalent instruction program requests to have the student participate in the Maine Educational Assessment (MEA) or any other State-mandated test, such request must be granted. Participation in such examinations must be in compliance with all rules and procedures governing testing conditions in the school unit.

IX.   Academic Credit

A student receiving home-school instruction must receive academic credit subject to the following requirements.

A.  Academic credit for individual district courses must be awarded if the student meets required academic standards applicable to all students enrolled in the same course.

B.  Academic credit must be awarded for successful completion of alternative instruction opportunities sponsored by the district and available to all students.

X. High School Course Credits and Diploma Eligibility

The following standards govern the awarding of course credits and a graduation diploma to a student receiving home-school instruction who seeks admission or readmission to the high school.

A. A student shall earn high school credits for satisfactory completion of courses in the high school pursuant to 20-A MRSA § 5021(2)(A). 

B. A student may earn credit for coursework completed through home-school instruction if the principal determines, both in advance and upon completion of the course, that the course satisfies the requirements for awarding the credit.  The principal may direct that the student undergo a test or tests to assist in making a determination relative to the awarding of credit. 

C. Requests for transfer credit for equivalent instruction completed at non-approved private schools, at private schools that elect not to meet requirements under 20-A MRSA § 2901, or through other equivalent instruction programs must be evaluated on the merits of the documentation provided. The principal and guidance staff shall conduct these evaluations on request made by the student or the student’s parent/guardian. The principal may direct that the student undergo a test or tests to assist in making a determination relative to the awarding of credit.

D. For students who transfer into a secondary school from another state or an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards through the local assessment system.

E. Awarding of a high school diploma by the local school is conditioned upon the student’s demonstration of having satisfied all requirements set by the State and all specific course credit and other requirements established by the Board. The final two years must be spent as a full time student at Marshwood High School as a precondition for the awarding of a Marshwood High School diploma.

XI.   Participation in Co-Curricular Activities

Students receiving home-school instruction may participate in co-curricular activities. Co-curricular activities include school-sponsored activities that have some connection to education and the curriculum such as field trips, assemblies, and academically-related fairs provided:

A.   Prior written permission is obtained from both the parent/guardian and the principal; and

B.   The student has agreed to meet established behavioral, disciplinary, attendance, and other rules applicable to all students.

XII.     Participation in Extracurricular Activities

Students receiving home-school instruction are eligible to try out for extracurricular activities sponsored by the school unit, provided the student applies in writing and the following requirements are satisfied.

A. The student agrees to abide by equivalent rules of participation as are applicable to regularly enrolled students participating in the activity and provides evidence that the rules of participation are being met.

B. The student complies with the same physical examination, immunization, insurance, age, and semester eligibility requirements as regularly enrolled students participating in the activity. All required documentation must be made available upon request by the school unit. The school principal is authorized to collect from the student’s parent/guardian actual samples of coursework (e.g., homework, examinations, etc.) as he/she deems necessary in order to make the determination that the necessary academic standards have been met.

C. The student meets equivalent academic standards as those established for regularly enrolled students participating in the activity and provides evidence that the academic standards are being met. 

D. The student abides by the same transportation policy as regularly enrolled students participating in the activity.

XIII.   Standards for Participation When Tuition Payment to Another Unit is Required

If and when the school unit does not provide academic instruction for specific grade levels, the following applies for students enrolled in an approved program of equivalent instruction.

A.   Class participation. The home-schooled student or the student’s parent/guardian shall request authorization from the resident local school unit to apply to another school unit for permission to participate in classes or activities in that other school unit.

B.   Tuition payment. Tuition payments for home-schooled student participation in a local school unit, including attendance at an applied technology center or an applied technology region other than the applicant’s resident district is the responsibility of the home-schooled student, the student’s parent/guardian, or the student’s resident school administrative unit, in accordance with school unit policy.  Participation may not be unreasonably withheld.

C.    Participation eligibility. A tuitioned, home-schooled student is subject to the rules relating to eligibility for participation in co-curricular or extracurricular activities as may apply at the receiving school unit.

D.   Interscholastic activities. A tuitioned, home-schooled student attending classes in more than one receiving school unit is not eligible for participation in interscholastic activities at any local school unit.


XIV.   Appeals

Appeals regarding administration and application of the Board policy are heard by the Superintendent, whose decision is final and binding. Appeals that question the Board policy compliance with legal requirements must be made to the Commissioner, whose decision is final and binding. 

 



Ch. 127, 130 (Me. Dept. of Ed. Rules)

Cross References: IHBG – Home Schooling

 

Policy Adopted: December 7, 1994

Policy Revised: September 1, 2004, January 5, 2011, June 19, 2019

Policy Reviewed: December 5, 2011, January 4, 2012, June 19, 2019

Section I – Instruction

IHCD - Advanced College Placement

IHCD - Advanced College Placement

It is the belief of the Board that any student who is capable of, and wishes to do, college-level work while in high school should be permitted to do so and given assistance in enrolling in advanced courses.

Advanced placement courses offered by the school system shall depend upon a sufficient number of students desiring the particular course and qualifying for it, and upon the availability of a staff member qualified to teach it.

Any high school student whose admission to a college-level course or courses is recommended by his/her counselor may enroll in a nearby college and be released from high school attendance for such hours as are required for the college course(s). If the student wishes to receive high school credit for the course, he/she may request permission from his/her Principal, through the counselor, to apply the course toward high school graduation requirements. 

A student accepted for full-time early admission to college (that is before graduating from high school) shall be granted a high school diploma upon evidence that he/she has completed the academic work required, and said diploma will be presented at the regular commencement of his/her class.


 

Cross Reference: IHCDA - Post-Secondary Enrollment Options

Policy Adopted: November 19, 1975 


Policy Revised: May 7, 1980, May 17, 1995, April 3, 2002 and October 19, 2011 

Policy Reviewed: December 5, 2011

Section I – Instruction

IHCDA - Post-Secondary Enrollment Options

IHCDA - Post-Secondary Enrollment Options

The intent of this policy is to establish the requirements for student enrollment in post-secondary courses taken before high school graduation.

Eligible Institutions

Students may take courses at eligible post-secondary institutions within Maine, which include the University of Maine System, the Maine Community College System and the Maine Maritime Academy.

Students may be allowed to take courses at private colleges or other institutions. Any such requests shall be considered on a case-by-case basis to the extent that funds are available.

Student Eligibility Requirements

A student may take up to 12 credit hours per academic year.

As provided by law, a student must meet the following criteria prior to enrolling in a post-secondary course:

A. Have a minimum of a “B” [or 3.0] average in his/her courses overall;

B. Meet the course admission standards of the eligible institution;

C. Provide evidence of parent/guardian approval for taking the course; and

D. Obtain approval from the principal and guidance counselor. 

Exceptions to Eligibility Requirements

A student enrolled in grade 11 or 12 who does not meet the “B” [or 3.0] average in his/her courses overall is eligible to take a post-secondary course provided that he/she:

A. Has been assessed and received a recommendation to take the course from the school administration; and

B. Has been approved for participant in the course by the eligible institution.

Awarding of Credits

 The eligible institution shall grant full credit to any student who successfully completes a course.

 High school graduation credit for a course taken under this policy shall be awarded as follows:

A. The course must meet for a minimum of one semester. 

B. The student must earn a passing grade in the course.

C. Attendance must satisfy the instructor’s requirements.

D. If the above criteria are met, the student shall receive one Carnegie unit of high school credit for each course.

Financial Assistance

A. The Maine Department of Education shall pay 50% of the applicable in-state tuition costs for the first 6 credit hours taken each semester by a student at an eligible institution and up to 12 credit hours per academic year. The eligible institution may not make any additional tuition charges for the course but may impose fees and charges, other than tuition, that are ordinarily imposed on students not covered by this policy.

B. The student and his/her parent/guardian are responsible for paying

a. for all textbooks, course fees and transportation costs.

b. If the student qualifies for free or reduced lunch, MSAD #35 shall pay the cost of textbooks, course fees, and additional non-funded tuition fees.

C.If a student is approved for attendance at a private or out-of state institution (public or private), the student and his/her parents shall be responsible for paying for all course fees, textbooks and transportation costs. Exceptions may be granted on a case-by-case basis to the extent that funds are available.

MSAD #35 Reporting Requirements

The Superintendent shall ensure that information concerning post-secondary enrollment options is made available to parents and students.

The Superintendent shall provide an annual report to the Board regarding the number of students taking courses at post-secondary institutions and the courses taken.



20-A MRSA § 4775 et seq.


 Policy Adopted: April 3, 2002

 Policy Revised: April 2, 2014 

Section I – Instruction

IHD - Marshwood Adult & Community Education

IHD - Marshwood Adult & Community Education

An educational program for adults shall be established and maintained in the school system. This program shall provide, at convenient times and at reasonable costs, opportunities for residents of the community and surrounding areas to receive instruction in subjects commonly taught in the public schools and in such other fields as recommended by the Superintendent and approved by the Board. Appropriate recognition certificates of attendance and satisfactory performance of work shall be issued upon completion of units and instruction.

Through its various programs and courses for adults, the Board shall seek to meet the needs of adults of all ages who, for whatever reason, have been unable to secure a high school diploma in a regular school program, who need additional training to become more efficient in their chosen occupations, or who would like to pursue interests relating to academic, vocational or enrichment activities.

In extenuating circumstances and in accordance with procedures approved by the Board, students who are 16 years of age or older up to age 20 and who are enrolled as day students at Marshwood High School may earn up to two credits toward a Marshwood High School diploma.




Cross Reference: IKF - Graduation Requirements


Policy Adopted: June 5, 1991

Policy Revised: October 20, 1999; January 4, 2012

Section I – Instruction

IHD-R - Marshwood Adult & Community Education - Procedures

IHD-R - Marshwood Adult & Community Education - Procedures

Two high school credentialing programs are offered through Marshwood Adult & Community Education (MACE): a MACE High School Diploma and a General Educational Development (GED) credential. Additionally, under special circumstances, students enrolled at Marshwood High School may earn up to two high school credits through MACE.

Acceptance into either credentialing program or credit-bearing classes requires the following:

A.  ENROLLMENT IN A HIGH SCHOOL CREDENTIALING PROGRAM AT MACE 

  1. Individuals who are not enrolled in a state approved grade 9-12 program (including a home school program) may enroll in MACE credentialing programs.
  2. Participants must complete all required assessments, pretests, tests, and/or post-tests to determine appropriate program and class placement.
  3. Adult Education high school diploma candidates may not earn their high school credential or graduate prior to the year their high school class is scheduled to graduate.
  4. One (1) Adult Education credit per course will be granted when a student has satisfactorily completed 45-60 hours of educational study prior to the end of the semester in which the work was initiated.
  5. Beginning at age eighteen (18), an Adult Education student may test for a GED. The State of Maine allows a seventeen-year-old (17) to test for a GED if s/he meets the criteria for “documented immediate need” or if s/he has not attended a 9-12 High School program for one year.
  6. In accordance with State of Maine funding requirements, Maine GED candidates must complete 12 hours of GED preparation activities and classes prior to taking their final examination.

B.  NON-CREDENTIALING CLASSES FOR CURRENTLY-ENROLLED MARSHWOOD HIGH  SCHOOL STUDENTS:

Students must be at least sixteen (16) years old to participate in an Adult Education course for credit.

Students may earn up to two (2) credits through MACE toward an MHS diploma. (See policy IKF for explanation of external credits accepted for high school graduation).

Students will sign a contract which specifically identifies expectations of a MHS student in the adult education setting.  This contract requires signatures from the following individuals:

  1. Student
  2. Student’s parent(s)
  3. Guidance department
  4. MACE Director or designee
  5. MHS Principal or designee

Class supply fees are the responsibility of the student.

Students electing to take adult education courses and classes, which are not offered for credit, may do so as space permits with the approval of the Director of MACE. All course fees and costs will apply.



Policy Adopted: May 7, 1980

Policy Revised: August 25, 1982, October 1, 1997 and January 4, 2012

Section I – Instruction

IIB - Class Size

IIB - Class Size

The M.S.A.D. #35 Board of Directors is committed to maintaining class sizes that are consistent with Department of Education regulations. Further, the Board believes that there is a relationship between class size and pupil achievement that varies across grade levels. 

While recognizing constraints placed upon the system by transfer of students, staff levels, and the physical plant, the Board is committed to the following class size guidelines.

The district will comply with Maine DOE Rule Chapter 124, Basic Approval Standards: Public Preschool Programs which provides for:

·   PreK ratios of 1:8, including a certified teacher, maximum class size of 16 children

·   PreK Educational Technicians must be certified as Educational Technicians II and/or III 

        Grade Level                      Class Size Range

        PreK                                   16 (Maximum per Maine State Law)

        K-1                                      14-18

        2 - 5                                   18-22

        6 - 8*                                 18-25

        9 - 12*                               15-25 

*Higher class sizes are allowed for instrumental and choral music, physical education, and other special class arrangements such as lectures and special short term presentations.

Special education classes are to be in compliance with Special Education teacher-student ratios established by State rules or regulations. 

In the event that class sizes fall outside of the upper or lower limit of the range by two or more students, the principal shall consult with the Superintendent who will make a recommendation to the Board for its consideration.

 

Policy Adopted: April 1, 1987

Policy Reviewed: December 5, 2011

Policy Revised: September 18, 1996; October 18, 2006; May 4, 2011; February 24, 2016; February 28, 2024

Section I – Instruction

III - Independent Study

III - Independent Study

Independent study coursework is not intended to be used to substitute for graduation requirements. Students wishing to seek learning opportunities beyond or outside of the school's curriculum may do so through an independent course of study arrangement.

All independent study arrangements require approval by the Guidance Counselor, Department Chair and Principal, and must be overseen by a faculty member highly qualified in the content area. (Note: Faculty members who engage in independent study arrangements with students, do so in good faith, without additional district compensation and with the understanding that they will prioritize all other professional obligations.) All independent study will be considered an external credit which is limited to two credits per student. Independent study credits will be included on transcripts as pass/fail unless specified.

Independent study may be permitted in the following limited circumstances:

A. A student who has demonstrated academic responsibility, motivation and can show that independent study will enable them to obtain greater knowledge and/or skills than they would otherwise obtain in a course offered within the Marshwood High School curriculum.

B. Under some circumstances a student who is precluded from taking a course required for graduation because of scheduling conflicts may be considered for a graded independent study. The grade will be included in the student’s grade point average.

For all independent study courses, a contractual agreement between the student and the faculty member must be presented to their guidance counselor detailing the goals of the learning experience, the specified outcomes, assessments, the required time commitment, common meeting times, and desired credit. The quantity and quality of work expected must be equal to or exceed that which would be expected in a regular class at Marshwood High School. A student may earn a maximum of one independent study credit in an academic year and may be involved in only one independent study at a time.

A student seeking approval for independent study must:

A. Select and consult with a faculty or administrative advisor who agrees to supervise and monitor the proposed independent study;

B. Provide a detailed description of the objectives of the independent study, the means of accomplishing the objectives, and how achievement will be measured;

C. Include a monitoring schedule showing how often the student will meet with the supervising teacher and arrangements for assistance, if needed;

D. Consult with the Guidance Counselor to obtain preliminary approval.

E. Obtain written parental consent;

F. Obtain the written approval of the Department Chair of the subject to which the independent study is related; and

G. Obtain written approval from the principal.

The student’s participation in independent study will appear on his/her schedule and the independent study will appear on the student’s report card and transcript.




Cross Reference: IKF – Graduation Requirements


Policy Adopted: January 21, 1981

Policy Revised: October 1, 1997; January 4, 2012

Section I – Instruction

IJJ - Instructional and Library-Media Materials Selection

IJJ - Instructional and Library-Media Materials Selection

The Board is legally responsible for all matters relating to the operation of the schools, including the provision of instructional materials and maintenance of library-media resources that support the school system’s curriculum. 

While the Board retains its authority to approve the selection of instructional materials, it recognizes the educational expertise of its professional staff and the need for such staff to be involved in the recommendation of instructional materials.  The Board delegates responsibility for the selection of instructional materials and library-media resources to the professionally trained personnel employed by the school system, subject to the criteria and procedures for selection and the Board’s policy on challenged materials as described below.   

With the assistance of professional staff, the Superintendent shall establish a system for the selection of instructional materials, including procedures to establish an orderly process for the review and recommendation of instructional materials.  The Superintendent will be responsible for overseeing the purchase of instructional materials within budgetary parameters set by the Board. The Board expects the Superintendent to report on progress made in aligning instructional materials with curriculum development and evaluation in support of the content standards contained in Maine’s system of Learning Results. 

Each school shall maintain a library-media program that includes books and other print materials, multimedia materials, online Internet resources and information technology that support the curriculum. A certified library-media specialist will be responsible for overseeing the library-media program, under the supervision of the Superintendent. As with instructional materials, the Board delegates responsibility for selection of library-media materials and technology and Internet resources to the school system’s professionally trained staff, subject to the criteria and procedures for selection and the Board’s policy on challenged materials described below. 

Definitions

“Instructional materials” include textbooks and other print materials, online textbooks and instructional materials, other online/Internet resources (including access), software, and supplies and other materials to support instruction in subject areas and the implementation of standards for student learning.

“Library-media resources” include books, print materials, online/Internet resources (including access), multimedia materials and information technology that, as part of the library-media program, support the school system’s curriculum.

Objectives of Selection

The Board recognizes that it is the primary objective of instructional materials to implement and support the curriculum, and of library-media resources to extend and enrich the educational programs of the schools. Quality instructional materials and library-media resources are essential to student learning. In preparing students to meet the content standards of the Learning Results, in supporting the achievement of the school unit’s educational goals and objectives, and in providing enrichment opportunities that expand students’ interests and contribute to a desire for lifelong learning, it is the responsibility of the instructional program and the library-media centers of the schools to provide a wide range of materials on all levels of difficulty, with diversity of appeal and the presentation of different points of view. 

Criteria for Selection

 Instructional and library-media materials selected should:

A.   Support achievement of the content standards of the Learning Results;

B.   Support the goals and objectives of the school system’s educational programs;

C.   Enrich and support the curriculum;

D.   Take into consideration the varied interests, abilities, and maturity levels of the students served;

E.    Foster respect and appreciation for cultural diversity and varied opinions;

F.    Give comprehensive, accurate and balanced representation to minorities and women in history, science, leadership and the arts and acknowledge the contributions of ethnic, religious and cultural groups to our American heritage;

G.   Present a balance of opposing sides of controversial issues to enable students to develop a capability for critical analysis;

H.   Stimulate growth in factual knowledge, literary appreciation, aesthetic values and ethical standards;

I.     Provide a background of information that will enable students to make intelligent decisions in their daily lives; and

J.    Respect the constraints of the school unit’s budget.

Other factors that should be considered are accuracy and currency of material; importance of the subject matter; scholarship; quality of writing and production; and reputation and significance of the author, artist or composer.

In evaluating software, multimedia materials and online/Internet resources, additional factors that should be considered include purpose for use; content; format (degree of interactivity or student involvement); appropriate use of graphics, sound and animation; feedback provided; and ease of use.

Procedures for Selection

Meeting the needs of the individual schools, based on knowledge of the curriculum and the existing collections of instructional and library-media materials, shall be the highest priority. Basic learning materials, i.e., those that are the predominant instructional materials used by most members of the class, are used for a significant portion of the course or receive major emphasis during a course, or are essential to student achievement of content standards of the Learning Results are to take priority in the selection process. 

Before recommending materials for purchase, professional staff should evaluate the existing collection, consulting reputable, unbiased, professionally prepared selection aids and specialists from all departments and/or all grade levels.

Social studies and science textbooks should not be older than five years unless up-to-date supplemental instructional materials are also available.

Whenever possible, purchase of non-print materials and multimedia, Internet and technology resources shall be made only after personal evaluation by the librarian/media specialist and/or other appropriate professional staff. Reviewing aids may be used in lieu of personal evaluation. 

Multiple copies of outstanding and much-in-demand materials should be purchased as needed. Worn or missing standard items should be replaced periodically. Out-of-date or no-longer-useful materials should be withdrawn from the collection/circulation.

Donated Materials 

Gift materials are to be evaluated by the same criteria as purchased materials. and are to be accepted or rejected by those criteria and in accordance with Board policy on gifts and donations.

Parental Authority

A student’s parent/guardian may inspect, upon request, any instructional material used as part of the curriculum. The Superintendent will be responsible for developing and implementing procedures for providing access to instructional material within a reasonable time after such a request is made.

The Board recognizes that the final authority as to what materials an individual student will be exposed rests with that student’s parents or guardians. However, at no time will the wishes of one child’s parents to restrict his/her reading or viewing of a particular item infringe on other parents’ rights to permit their children to read or view the same material.

Library-media center materials will not be removed from the collection because of criticism except in accordance with Board policy. 

Challenged Materials

Despite the care taken to select materials for student and teacher use and the qualifications of the persons who select the materials, the Board recognized that objections may be raised occasionally by students, parents, school staff or community members.

In the event a complaint is made, the following procedures will apply:

A.    The complaint shall be heard first by the person providing the materials in question. 

B.    If the complaint is not resolved, the complainant shall be referred to the building Principal and requested to fill out the “Instructional and Library-Media Materials Challenge Form.” A copy of the form will be forwarded to the Superintendent.

C.    The Superintendent shall appoint a committee composed of the following persons to review the complaint: one Principal at the appropriate grade level; one librarian/media specialist; one classroom teacher; the department head in the subject area of the challenged materials; one community member.

D.    The review committee shall: read and examine the materials referred to them; check general acceptance of materials by reading reviews; weigh values and faults against each other and form opinions based on the material as a whole and not on passages or portions pulled out of context; meet to discuss the material and to prepare a written report on it. 

E.    The report of the committee shall be forwarded to the Superintendent who will inform the complainant of the results.

F.    No materials shall be removed from use until the review committee has made a final decision.

G.    The review committee’s decision may be appealed to the Board. The Board may set aside a portion of a regular meeting or call a special meeting for the purpose of receiving testimony from representatives of the various points of view. The material in question shall be:

1.      Reviewed objectively and in its full content;                                                                                               

2.     Evaluated in terms of the needs and interest of students, school, curriculum and community; 

3.     Considered in the light of differing opinions; and

4.     Reviewed in light of the criteria for initial selection and purpose as provided herein.

The Board will announce its decision in writing not later than the conclusion of the next regular meeting of the Board following its receipt of said testimony.



Ch. 125 §§ 9.01, 9.03 (Me. Dept. of Ed. Rule)

P.L. 107-110 § 1061 (No Child Left Behind Act) 

Cross Reference: IJJ-E1 – Challenge of Instructional Materials Form


Policy Adopted: May 17, 1995 

Policy Revised: December 19, 2007, October 20, 2021

Policy Reviewed: February 14, 2011

Section I – Instruction

IJJ-E1 - Challenge of Instructional Materials Form

Challenge of Instructional Materials Form - IJJ-E1

 

Type of Material:  

_____  Book   _____ Magazine/Periodical _____  Film/DVD _____ Internet/Digital Resources ____ Software

 

Other (Please specify)  ______________________________________________________________________

_________________________________________________________________________________________

 

Author /Creator (if known)  __________________________________________________________________

 

Title  ____________________________________________________________________________________

 

Publisher (if known)  _______________________________________________________________________

 

Person making complaint:  ___________________________________________________________________

                                               

Telephone ______________________________________Email _____________________________________

Address __________________________________________________________________________________

 

Complainant represents:   ___ Him/herself

                                 ___ Group/Organization  ______________________________________________

                       

  1.     To what portion of the material do you object?  (Please be specific, cite pages, scenes, etc.) _________________________________________________________________________________

 

  1.     What do you feel might be the negative result of reading/viewing/hearing this material?  _________________________________________________________________________________

 

  1.     For what age group would you recommend this material?  __________________________________

 

  1.     Is there anything good about this material? ______________________________________________

 

  1.     Did you read/view/hear all of the material? ____________If not, what parts did you read/view/ hear?  _________________________________________________________________________________

 

  1.     Are you aware of the professional reviews/judgment of this material? _________________________

 

  1.     What do you believe is the theme and/or intention of this material? ___________________________

 

  1.     What would you like the school to do about this material?

 

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

 

  1.     In its place, what material would you recommend?   ___________________________________________

         _____________________________________________________________________________________

 

 __________________________________                                _____________________

Signature of Complainant                                                     Date

Section I – Instruction

IJNDB - Student Computer and Internet Use

IJNDB - Student Computer and Internet Use

MSAD #35 computers, network, and Internet access are provided to support the educational mission of the schools and to enhance the curriculum and learning opportunities for students and school staff.  This policy and the accompanying rules also apply to laptops, I-pads, tablets and other devices issued directly to students, whether they are used at school or off school premises or when using school wireless networks on personal electronic devices.

Compliance with MSAD #35’s policies and rules concerning computer and Internet use is mandatory.  Students who violate these policies and rules may have their computer privileges limited, suspended, or revoked.  The building principal is authorized to determine, after considering the circumstances involved, whether and for how long a student’s computer privileges will be altered.  The building principal’s decision shall be final.

Violations of this policy and MSAD #35’s computer and Internet rules may also result in disciplinary action, referral to law enforcement, and/or legal action.

MSAD #35’s computers remain under the control, custody, and supervision of the school unit at all times.  The school unit monitors all computer and Internet activity by students.  Students have no expectation of privacy in their use of school computers, whether they are used on school property or elsewhere.

INTERNET SAFETY

MSAD #35 uses filtering technology designed to block materials that are obscene or harmful to minors, and child pornography.  Although MSAD #35 takes precautions to supervise and monitor student use of the Internet, parents should be aware that MSAD #35 cannot reasonably prevent all instances of inappropriate computer and Internet use by students in violation of Board policies and rules, including access to objectionable materials and communication with persons outside of the school.  The school unit is not responsible for the accuracy or quality of information that students obtain through the Internet. 

In the interest of student  Internet safety, MSAD #35 also educates students and provides resources for parents about online behavior, including interacting with other people on social networking sites and in chat rooms, the dangers of engaging in “hacking” and other unlawful online activities, and issues surrounding “sexting” and cyberbullying awareness and response.  

The Superintendent /designee shall be responsible for integrating age-appropriate Internet safety training and “digital citizenship” into the curriculum and for documentation of Internet safety training.

IMPLEMENTATION OF POLICY AND “ACCEPTABLE USE” RULES

The Superintendent/designee shall be responsible for implementation of this policy and the accompanying “acceptable use” rules.  Superintendent/designee may implement additional administrative procedures or school rules consistent with Board policy to govern Internet access and the day-to-day management, security and operations of the school unit’s computer and network systems and to prevent the unauthorized disclosure, use and dissemination of personal information regarding minors.  

Students and parents shall be informed of this policy and the accompanying rules through student handbooks, the school website, and/or other means selected by the Superintendent.


20 USC § 677 (Enhancing Education through Technology Act)

47 USC § 254(h)(5) (Children’s Internet Protection Act)

47 CFR  § 54.52 (Children’s Internet Protection Act Certifications)

Federal Communications Commission Order and Report 11-125,  (August 10, 2011)


Cross Reference:

EGAD - Copyright Compliance

GCSA - Employee Computer and Internet Use

IJNDB-R - Student Computer and Internet Use Rules

IJND – Distance Learning Program



Policy Adopted: February 27, 2008

Policy Reviewed: January 9, 2012

Policy Revised: December 19, 2012; June 7, 2023

Section I – Instruction

IJNDB-R - Student Computer and Internet Use Rules

IJNDB-R Student Computer and Internet Use Rules

These rules accompany Board policy IJNDB (Student Computer and Internet Use).  Each student is responsible for his/her actions and activities involving school unit computers (including I-Pads, tablets,  laptops and other devices issued to students), networks, and Internet services, and for his/her computer files, passwords, and accounts.  

These rules provide general guidance concerning the use of the school unit’s computers and examples of prohibited uses.  The rules do not attempt to describe every possible prohibited activity by students.  Students, parents, and school staff who have questions about whether a particular activity is prohibited are encouraged to contact the building principal or the Technology Coordinator.

A. Acceptable Use

The school unit’s computers, networks, and Internet services are provided for educational purposes and research consistent with the school unit’s educational mission, curriculum, and instructional goals.

All Board policies, school rules, and expectations concerning student conduct and communications apply when students are using computers, whether the use is on or off school property, or when using school wireless networks on personal electronic devices.

Students are also expected to comply with all specific instructions from school administrators, school staff or volunteers when using the school unit’s computers.

B. Consequences for Violation of Computer Use Policy and Rules 

Compliance with the school unit’s policies and rules concerning computer use is mandatory.  Students who violate these policies and rules may, after having been given the opportunity to respond to an alleged violation, have their computer privileges limited, suspended, or revoked.  Such violations may also result in disciplinary action, referral to law enforcement, and or legal action.

The building principal shall have final authority to decide whether a student’s privileges will be limited, suspended or revoked based upon the circumstances of the particular case, the student’s prior disciplinary record, and any other relevant factors.

C. Prohibited Uses

Examples of unacceptable uses of school unit computers that are expressly prohibited include, but are not limited to, the following:

1. Accessing or Posting Inappropriate Materials – Accessing, submitting, posting, publishing, forwarding, downloading, scanning or displaying defamatory, abusive, obscene, vulgar, sexually explicit, sexually suggestive, threatening, discriminatory, harassing and/or illegal materials or engaging in “cyber bullying;”

2. Illegal Activities – Using the school unit’s computers, networks, and Internet services for any illegal activity or in violation of any Board policy or school rules.  The school unit assumes no responsibility for illegal activities of students while using school computers;

3. Violating Copyrights – Copying, downloading or sharing any type of copyrighted materials (including music or films) without the owner’s permission (see Board policy/procedure EGAD – Copyright Compliance).  The school unit assumes no responsibility for copyright violations by students;

4. Copying Software – Copying or downloading software without the express authorization of the Technology Coordinator.  Unauthorized copying of software is illegal and may subject the copier to substantial civil and criminal penalties.  The school unit assumes no responsibility for illegal software copying by students;

5. Plagiarism – Representing as one’s own work any materials obtained on the Internet (such as term papers, articles, music, etc.).  When Internet sources are used in student work, the author, publisher, and website must be identified;

6. Non-School-Related Uses – Using the school unit’s computers, networks, and Internet services for any personal reasons not connected with the educational program or assignments;

7. Misuse of Passwords/Unauthorized Access – Sharing passwords, using other users’ passwords, and accessing or using other users’ accounts;

8. Malicious Use/Vandalism – Any malicious use, disruption or harm to the school unit’s computers, networks, and Internet services, including but not limited to hacking activities and creation/uploading of computer viruses; and

9. Unauthorized Access to Blogs/Chat Rooms/Social Networking Sites – Accessing blogs, chat rooms or social networking sites to which student access is prohibited. 

D. No Expectation of Privacy

MSAD #35 computers remain under the control, custody, and supervision of the school unit at all times.  Students have no expectation of privacy in their use of school computers, including email, stored files, and Internet access logs.

E. Compensation for Losses, Costs, and/or Damages

The student and his/her parents are responsible for compensating the school unit for any losses, costs, or damages incurred by the school unit for violations of Board policies and rules while the student is using school unit computers, including the cost of investigating such violations.  The school unit assumes no responsibility for any unauthorized charges or costs incurred by a student while using school unit computers.

F. Student Security

A student is not allowed to reveal his/her full name, address or telephone number, social security number, or other personal information on the Internet without prior permission from a teacher.  Students should never agree to meet people they have contacted through the Internet without parental permission.  Students should inform their teacher if they access information or messages that are dangerous, inappropriate, or make them uncomfortable in any way.

G. System Security

The security of the school unit’s computers, networks, and Internet services is a high priority.  Any student who identifies a security problem must notify his/her teacher immediately. The student shall not demonstrate the problem to others or access unauthorized material.  Any user who attempts to breach system security, causes a breach of system security, or fails to report a system security problem shall be subject to disciplinary and/or legal action in addition to having his/her computer privileges limited, suspended, or revoked.

H. Additional Rules for Laptops Issued to Students

1. Laptops are loaned to students as an educational tool and are only authorized for use in completing school assignments.

2. Before a laptop is issued to a student, the student must sign the school’s “acceptable use” agreement.  Parents are required to attend an informational meeting before a laptop will be issued to their child.  Attendance will be documented by means of a “sign in” sheet.  The meeting will orient parents to the goals and workings of the laptop program, expectations for care of school-issued laptops, Internet safety, and the school unit’s rules in regard to use of this technology.

3. Students and their parents are responsible for the proper care of laptops at all times, whether on or off school property, including costs associated with repairing or replacing the laptop.  MSAD #35 offers an insurance program for parents to cover replacement costs and/or repair costs for damages not covered by the laptop warranty.  Parents who choose not to purchase insurance should be aware that they are responsible for any costs associated with loss, theft, or damage to a laptop issued to their child.

4. Loss or theft of a laptop must be reported immediately to the building administrator, and, if stolen, to the local law enforcement authority as well. 

5. The Board’s policy and rules concerning computer and Internet use apply to use of laptops at any time or place, on or off school property.  Students are responsible for obeying any additional rules concerning care of laptops issued by school staff.

6. Violation of policies or rules governing the use of computers, or any careless use of a laptop may result in a student’s laptop being confiscated and/or a student only being allowed to use the laptop under the direct supervision of school staff.  The student will also be subject to disciplinary action for any violations of Board policies or school rules.

8. The laptop may only be used by the student to whom it is assigned and by family members, to the extent permitted by Maine’s laptop program.

9. Laptops must be returned in acceptable working order at the end of the school year or whenever requested by school staff.


Cross Reference:

IJNDB – Student Computer and Internet Use



Policy Adopted: February 27, 2008

Policy Reviewed: January 9, 2012

Policy Revised: December 19, 2012; June 7, 2023

Section I – Instruction

IJNDC - Website/Web Pages - M.S.A.D. #35

IJNDC - Website/Web Pages - M.S.A.D. #35

M.S.A.D. #35 maintains an official website to provide general information about our school system, as well as information about educational programs, extracurricular activities, school events, and student and staff achievements. This website is intended to support the educational mission of the schools, to enhance the curriculum and learning opportunities for students and staff, and to provide valuable information to the larger community about our schools. The website does not create, nor is it intended to create, a public or limited public forum.

The Board will adopt guidelines to ensure that M.S.A.D. #35’s website is in compliance with applicable laws and meets appropriate educational and quality standards. The Superintendent shall be responsible for implementing this policy, the District’s website guidelines, and any additional administrative procedures that may be needed to govern the day-to-day management of the website. The Superintendent shall also be responsible for advising the Board of the need for any future amendments or revisions to the policy or guidelines. The Superintendent may delegate specific responsibilities to District technology staff as he/she deems appropriate.

 


20-A MRSA § 6001

17 USC § 101 et seq.

47 USC § 1732

 

Cross References: GCSA - Employee Computer and Internet Use

GCSA-R Employee Computer and Internet Use Rules

IJNDB - Student Computer and Internet Use

IJNDB-R Student Computer and Internet Use Rules

IJNDC-R - School System Website/Web Pages Administrative Procedure

IJNDC-E Guidelines to Publish Student Information on the MSAD #35 Website

JRA - Student Education Records

 

Policy Adopted: June 19, 2002

Policy Revised: June 7, 2006; February 1, 2012

Policy Reviewed: April 26, 2023

Section I – Instruction

IJNDC-E - Guidelines Governing the Publishing of Student Information on the M.S.A.D. #35 Website


IJNDC-E - Guidelines Governing the Publishing of Student Information
on the M.S.A.D. #35 Website

M.S.A.D. #35 maintains an official website to provide general information about the school system as well as information about educational programs, extracurricular activities, school events, and student and staff achievements.

Maine law requires public schools to obtain written approval from parents/guardians prior to publishing personal information about students on the Internet. This approval will authorize M.S.A.D. #35 to publish the following:

    1. Full names of students in connection with class rosters, honor rolls, awards received, and team/extracurricular activity participant lists.

    2. Group and/or individual photographs of students.

    3. Individual student or classwork may be published on M.S.A.D. #35’s website from time to time in accordance with established guidelines. Such work may include creative writing, research projects, artwork, music, performances, and audiovisual presentations. All student work will include a copyright notice prohibiting the copying of such work without express written permission. Copies of the Board’s Website Policy and Guidelines are available at the Superintendent’s Office or on M.S.A.D. #35’s website at www.rsu35.org.

 

Cross References: 

GCSA/GCSA-R - Employee Computer and Internet Use/Rules

IJNDB/IJNDB-R – Student Computer and Internet Use/Rules

IJNDC – Website/Website Pages

IJNDC-R - M.S.A.D. #35 Website Guidelines

                                 

Policy Adopted: June 19, 2002

Policy Revised: June 7, 2006; February 1, 2012; June 21, 2023

Section I – Instruction

IJNDC-R - Website Guidelines - M.S.A.D. #35

IJNDC-R - Website Guidelines - M.S.A.D. #35

A. Website Purpose

The purpose of M.S.A.D. #35’s official website is to provide general information about the school system as well as information about educational programs, extracurricular activities, and school events. This website is intended to support the educational mission of the schools, to enhance the curriculum and learning opportunities for students and staff, and to inform the larger community about the schools.

 B. Website Structure

The website may include the following content areas: 

  1. System-wide information (such as Central Office, Technology, Transportation, Facilities, Food Service);
  2. School Board information (such as members, officers, committees, meeting agendas, minutes, and policies);
  3. School-wide information for each school;
  4. Individual department, grade level and/or classroom information (which may include student work and/or teacher-created work and resources);
  5. Information about school-sponsored extracurricular organization information;
  6. Information about school events and activities;
  7. Contact information for School Board members and school staff; and
  8. Any other material deemed appropriate by the Board of Directors or Superintendent. 

C. M.S.A.D. #35 Authority and Webmaster Responsibilities

The District reserves the right to approve all website content and to edit, delete, or modify any web page content as it sees fit to comply with the intended purposes of the website and these guidelines.

The Superintendent shall designate a Webmaster, who shall be responsible for maintaining the school department’s website and monitoring all website activities for compliance with Board policies and established school guidelines, copyright laws, regulations, and these guidelines. Further, any material posted on the website shall not violate any other Federal or State laws. All materials to be posted on the site shall be approved by the building principal or his/her designee prior to being posted. This shall include approval of all school-sponsored links. Any links to other sites shall be school department related.  Any person or organization producing a web page that utilizes M.S.A.D. #35 students, any M.S.A.D. #35 school names, or organizations, must comply with these regulations.

Only the Webmaster and other school staff authorized by the Webmaster shall have password-protected access to the web server to place and remove web pages and contents. 

D. Website Content

  1. M.S.A.D. #35’s website does not create, nor is it intended to create, a public or limited public forum.  All materials placed on the website must serve the educational mission of the school system.
  2. Website content is limited to school-sponsored information and activities. No personal student or staff web pages, chat rooms, or discussion groups are permitted on the website.
  3. Web page content must comply with Board policies, administrative procedures, and school rules.
  4. All materials placed on the website must meet academic standards for proper spelling, grammar, content, accuracy, and appearance. 

If the Webmaster is unsure whether particular material is appropriate for the website, he/she shall consult with the Superintendent, whose decision shall be final.

E. Confidentiality of Student Information

  1. The website shall be in compliance with all applicable state and federal confidentiality laws and regulations.
  2. At no time shall personal information about students (such as home address, telephone number, email address, birth date, social security number, etc.) or any other information made confidential by state or federal law appear on the website. The website will not include any information that indicates the physical location of students at any given time, other than attendance at a particular school or participation in such activities. 

F. Confidentiality of Staff Information 

  1. At no time shall personal information about staff appear on the website (including home address, home telephone number, home email address, birth date, social security number, etc.)
  2. Because the M.S.A.D. #35 website is maintained in part to enhance communication with students and their families, the school email addresses and/or school telephone numbers of staff are published on the website.
  1. Appropriate permission will be obtained before any copyrighted or trademarked material is used on the website.  No copyrighted material may be reproduced, transmitted, or stored on M.S.A.D. #35’s website without obtaining permission from the copyright owner.
  2. Students shall retain the copyright on materials that they create.
  3. An appropriate copyright notice will appear with all copyrighted material published on the website.
  4. Except for the above exceptions, all web pages and content on the website are the property of and owned by M.S.A.D. #35.

H. Website Design and Accessibility

The Webmaster is authorized to develop standards for the design and appearance of M.S.A.D. #35’s website. These standards will include measures to make web pages accessible to persons with disabilities. M.S.A.D. #35 information available on the website will also be made available to the public in alternative ways upon request.

I. Advertising

The M.S.A.D. #35 website will not include any advertising, nor will it include any selling activities outside of publicity for school-sponsored and/or approved fundraising activities.

  1. The M.S.A.D. #35 website will not include links to any personal websites of students or staff.
  2. The website may include links only to websites that have demonstrated educational value to students, staff, and/or the community, as deemed appropriate by the Superintendent or his/her designee.
  3. The website shall include a disclaimer informing users that links are provided as a convenience, and that M.S.A.D. #35 does not endorse these sites or have any responsibility for the content of these sites.

K. Additional Requirements

  1. The website shall inform users about how to contact the Webmaster.
  2. Each web page shall include the date the page was last updated.
  3. The Webmaster will provide appropriate information to school users regarding technical requirements for publishing material on the website.



Cross References: IJNDC - M.S.A.D. #35 Website/Web Pages

IJNDC-E Guidelines to Publish Student Information on the MSAD #35 Website

GCSB-Use of Social Media by School Employees

GCSA/GCSA-R - Employee Computer and Internet Use/Rules

IJNDB/IJNDB-R - Student Computer and Internet Use/Rules

  

Policy Adopted: June 19, 2002 

Policy Revised: June 7, 2006; February 1, 2012

Policy Reviewed: April 26, 2023

Section I – Instruction

IJOA - Field Trips and Excursions

IJOA - Field Trips and Excursions

The Board recognizes the educational value of field trips and excursions as a means of extending the curriculum and as a vehicle for encouraging and supporting student participation in academic, artistic and athletic competitions.

School-Sponsored Trips

School-sponsored trips include field trips, competition trips, and school-sponsored excursions. The Superintendent and Board must approve, in advance, all school-sponsored overnight trips.  

For all school-sponsored trips, adequate supervision must be provided to maintain discipline and safety and to respond to emergencies. Students participating in all school-sponsored trips will conduct themselves in a manner consistent with Board policies and school rules. Students who violate Board policy or school rules will be subject to disciplinary consequences. 

A.   Field Trips 

“Field Trip” means a trip that takes place during the school day and is organized and conducted by an MSAD 35 employee as a means of accomplishing particular curriculum objectives. To be educationally beneficial, a field trip requires thoughtful selection, careful advance planning, and opportunities for students to assimilate the experience during and at the conclusion of the trip. All students within the class or grade will be eligible to participate.

Field trips must be approved in advance by the building principal.

Teachers and principals will be expected to consider the following factors in planning and approval of field trips:

A. Objectives of the proposed trip and the anticipated learning outcomes;

B. Specific learning activities to be experienced during the trip;

C. Suitability of the activity and distance traveled to the age of students;

D. Mode and availability of transportation;

E. Arrangements for meals (if applicable); and

F. Availability of funding through the school budget or other appropriate sources.

In addition, the Superintendent and the Board require that for all field trips:

A. Parents/guardians give written permission for field trip participation;

B. Students and parents may be responsible only for minimal incidental expenses;

C. School bus transportation be used when arrangements can be made to do so without disrupting regular school bus schedules; 

D. Adequate supervision be provided to maintain discipline and safety and to respond to emergencies; and

B.  Competition Trips

“Competition trip” means any trip related to an academic, artistic, athletic, or other student competition or performance that involves individual students or teams. The Board recognizes that some competition trips are earned through success in qualifying events and do not lend themselves to advance planning. 

Any competition trip that is outside of those scheduled for the year must be approved in advance by the Superintendent and Board. Approval may be contingent upon availability of funding through the school budget or other sources.

C.   School-Sponsored Excursions 

“School-sponsored excursions” are trips that are organized and conducted by an employee of MSAD 35 as a non-essential supplement to the curriculum, a class social activity, or an activity planned by a student club or organization. Such trips may include overnight, long-distance in-state or out-of-state travel. 

Same-day excursions must be approved in advance by the building principal.

Teachers and principals will be expected to consider the following factors in planning and approval of school-sponsored excursions:

A. Objectives of the trip and anticipated outcomes;

B. Specific learning activities to be experienced

C. Number and grade(s) of students;

D. Criteria for selecting students;

E. Maximum number of students who may participate;

F. Cost per student, including funds requested from District and from individual students;

G. Fundraising plans (if applicable);

H. Transportation arrangements;

I. Itinerary;

J. Arrangements for meals and lodging;

K. Adequate supervision must be provided to maintain discipline and safety and to respond to emergencies;

L. Plans for safety and emergencies;

M. Plans for communicating information to parents and obtaining parental permission;

N. Accountability for student conduct; and

O. Students are expected to use district transportation to and from school-sponsored excursions unless alternative transportation arrangements have been approved by a building administrator.

Criteria for Consideration of Overnight School-Sponsored Trip

The Board and Superintendent will additionally consider the following factors for any school-sponsored overnight trip:

A. Itinerary, including review of any travel advisories issued by the U.S. Department of State (where applicable);

B. Confirmation of MSAD35 insurance coverage for the trip;

C. Total trip cost and cost per student, including fundraising plans (if applicable);

D. Arrangements for lodging;

E. Number of and information about chaperones;

F. Plans for providing trip information to parents and chaperones; and

G. Plans for emergencies

Non-School-Sponsored Trips and Excursions

Travel that is not an extension of the instructional program and has not been approved as a school-sponsored trip or excursion by a principal, the Superintendent or Board in compliance with this policy will be considered a non-school-sponsored trip and excursion.

Non-school-sponsored trips are any trips or excursions organized by District employees, parents, students, non-school groups, community members, or others acting independently of the schools. These trips or excursions involve students on a voluntary and self-supporting basis, are not approved under the authority of the Board, and are not part of or associated with the curriculum, co-curricular, or extracurricular activities.

All responsibility for non-school-sponsored trips and excursions lies with the individual(s) or group(s) organizing them. The Board accepts no responsibility for non-school-sponsored trips or excursions, and organizers should be aware that such trips or excursions are not covered by the District’s liability insurance.

To minimize the impact of these trips or excursions on the instructional program and operation of the schools, the trip should be scheduled for non-school days unless alternative arrangements have been approved by the building principal.

Instructional time may not be used to promote the trip or distribute materials. Individuals or groups who wish to use the schools for the purpose of publicizing trips or recruiting participants may do so in accordance with the Board’s facilities use policy. Individuals or groups wishing to distribute promotional materials may do so only in accordance with Board policy.  Non-school-sponsored trips and excursions must not be represented as school functions or as related to, or an extension of, the District’s instructional, co-curricular or extracurricular programs.

While private activities of staff cannot be regulated by the school, it is the responsibility of any staff engaging in such trips to notify the parents of the participating students that this is not a school activity, but a private volunteer excursion undertaken by that teacher or staff member.

 


Cross References: EEAG - Use of Private Vehicles or School Buses

JLCD-ER2 – Administration of Medication to Students on School Field Trips

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

KHB - Advertising in the Schools

KF – Community Use of School Facilities

 

Policy Adopted: October 7, 1970

Policy Revised: November 4, 1992, November 10, 1993, November 19, 1996, August 15, 2001, November 17, 2004, April 25, 2012, June 20, 2018

Section I – Instruction

IJOC - School Volunteers


IJOC - School Volunteers

The Board supports the use of community resources, including volunteers, to complement and support instructional programs and extracurricular activities in the schools. Volunteers work in partnership with, under the supervision of, and at the request of school administrators and staff.

The purposes of the volunteer program are to: 

  1. Assist teachers in providing more individualized instruction and enrichment opportunities for students; assist staff with school projects; supervise or chaperone student activities; and perform clerical work;

  2. Build an understanding of and support for school programs among interested citizens; and

  3. Strengthen school/community relations. 

Prospective volunteers must complete all required steps in order to gain the requested level of volunteer clearance. Applications will be screened and approved by the District Administration.

The Superintendent and school principal are authorized to use their discretion to decline an application or terminate the services of a volunteer if they determine it is in the best interests of the school department. 

The school principal must approve all volunteer assignments before volunteers begin work. The supervising staff member is responsible for giving volunteers a clear understanding of the duties, procedures and expectations necessary to perform their assignments.

Volunteer Service Levels

Level 1: General Volunteers – have no direct or extended contact with students. 

Examples of general volunteers include, but are not limited to, speakers, program guests, field day assistants, CEO/Principal for a Day participants; judges of student competitions such as science fairs and talent shows; and test monitors.

Field Trip Exception – Background checks will not be required of daytime field trip chaperones that accompany school personnel on local field trips when the volunteer is under the supervision of district personnel.

Level 2: Monitored Volunteers – have direct but limited contact with students, during school hours, in a supervised environment. 

Examples of monitored volunteers include, but are not limited to, classroom assistants, school office/cafeteria assistants, classroom reading groups, and overnight field trip chaperones that are under the supervision of school personnel (e.g. Pinkham Notch Camp).

Level 3: Unmonitored Volunteers – have direct and/or extended contact with students, both before and after school hours, without the presence and direct supervision of district personnel. 

Examples of unmonitored volunteers include, but are not limited to, overnight chaperone not under the direct supervision of a district staff member, athletic assistants or coaches, extracurricular assistants or coaches, before or after-school one-to-one tutors and/or mentors at school or away from the school, and group mentors at school or away from the school.

Screening Provisions for Volunteer Service Levels

Level 1: General Volunteers

Application and Criminal background checks are not required. All Level 1 Volunteers must complete the MSAD 35 Level 1 Volunteer Agreement Form. In addition, schools shall check all Level 1 Volunteers against the Maine Sex Offender Registry. 

Level 2: Monitored Volunteers

All Level 2 Volunteers must complete the MSAD 35 Levels 2 & 3 Volunteer Application Form. Upon completion of this application, a criminal background check, excluding fingerprinting, will be completed by the District. 

At the discretion of the principal or supervisor, the volunteer may begin the volunteer activity prior to completion of the background check. A prospective volunteer who refuses to submit to the required background check shall not provide volunteer services.

Level 3: Unmonitored Volunteers

An MSAD 35 Levels 2 & 3 Volunteer Application Form, and a Maine Criminal History Records Check, (including fingerprinting) are required. The Maine C.H.R.C. certificate is valid for 5 years and is provided by the State of Maine for a fee. Level 3 Volunteers approved by MSAD 35 will be reimbursed by the district for the cost of the Criminal History Records Check. 

Unmonitored volunteers SHALL NOT be allowed to perform their duties while MSAD 35 awaits the results of the criminal background check. A prospective volunteer who refuses to submit to the required criminal background check and/or to agree to be fingerprinted shall not provide volunteer services.

All volunteers who are approved to work with students and/or in support of school programs are expected to comply with the following requirements.

  1. Volunteers shall attend any required volunteer orientation/training sessions provided by the school department.

  2. Volunteers shall perform only such duties and tasks specifically approved and assigned by an administrator or supervising staff member.

  3. Volunteers must keep all student and staff information strictly confidential. Volunteers may not access, review, disclose or use confidential student or staff information without specific authorization from a school administrator.  This requirement applies even after a volunteer stops performing services for the schools.

  4. Volunteers will conduct themselves in a professional manner and comply with all Board policies, school rules and directions from school personnel.

  5. In accordance with Maine law, a member of the Board or a member’s spouse may not serve as a volunteer when he/she has primary responsibility for a curricular or extracurricular program or activity and reports directly to the Superintendent or a school administrator. 

Cross References:

EEAG - Student Transportation in Private Vehicles

IJOA - Field Trips and Excursions

 

Policy Adopted: November 19, 2008

Policy Revised: April 25, 2012; October 21, 2015; November 15, 2023

Section I – Instruction

IJOC - Volunteer/Visitor Sign In Form

Please click the link below to access a printable PDF version of the IJOC – Volunteer/Visitor Sign In Form

-------> IJOC-VolunteerVisitor-Sign-In.pdf

Section I – Instruction

IJOC-E1 - Level 1 Volunteer Agreement Form

M.S.A.D. #35

Superintendent of Schools’ Office

180 Depot Road, Eliot, ME  03903

I understand that as a volunteer in MSAD 35 that ALL student and staff information is confidential. I agree not to access, review, disclose or use confidential student or staff information without specific authorization from a school administrator. I also understand that even when I am no longer a volunteer in the schools, any confidential information I have learned must continue to be kept confidential. I understand that any breach of these confidentiality requirements will result in my immediate termination as a volunteer and may result in legal action against me.

I understand that I must comply with all Board policies and school rules applicable to school staff as well as all directions from school administrators and staff while serving as a volunteer. I further understand that my authorization to serve as a volunteer may be terminated at the discretion of the Superintendent and school principal at any time if they determine it is in the best interests of the students of MSAD 35.

 Printed Name:  ______________________________________________      Date:  ______________________                         

Date of birth (required for volunteer background check):  ________________________                                                      

Signature of Volunteer: _______________________________________________________________________    


FOR DISTRICT USE ONLY - PLEASE DATE AND INITIAL APPROVALS BELOW

  

Sex Offender Registry checked by Principal or Athletic Director (initial/date):  _________________________________

(Agreement Form Revised November 15, 2023)

Section I – Instruction

IJOC-E2 - Levels 2 & 3 Volunteer Application Form

M.S.A.D. #35

Superintendent of Schools’ Office

180 Depot Road, Eliot, ME  03903

THE FOLLOWING INFORMATION IS REQUESTED TO HELP US COORDINATE VOLUNTEER SERVICES AND TO ENSURE STUDENT SAFETY.

 

Full Name:_______________________________________________________________________________

All former names (maiden, married, and any alias used):

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Permanent Address: ______________________________________________________________________

Telephone and Email: _____________________________________________________________________

Date of birth (required for background check): _________________________________

Schools in which you will be volunteering:

☐ Eliot Elementary    ☐ Central School    ☐ MGWS   ☐ MMS     ☐ MHS

Area(s) of interest for volunteering:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Children in [name of school] (names and grades):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

List any education, training, or experiences you have had which would help us in meeting the needs of our students:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

References: List three persons who can comment on your character and abilities whom we may contact. 

Name/Address-----------------------------------------------------------------------------Phone---------------Relationship

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


BACKGROUND: 

The following information is asked of all individuals who volunteer to work with our children to help ensure the safety of our students.

Have you ever been charged with or investigated for sexual abuse or harassment of another person?    Yes__ No__

Have you ever been convicted of a crime (other than minor traffic offense)?   Yes__ No__

Have you ever entered a plea of guilty or “no contest” (nolo contendere) to any crime (other than a minor traffic offense)?    Yes__ No__

Has any court ever deferred, filed or dismissed proceedings without a finding of guilty and required that you pay a fine, penalty or court costs and/or imposed a requirement as to your behavior or conduct for a period of time in connection with any crime (other than a minor traffic offense)?    Yes__ No__                                      

If you answered YES to any of the previous questions, provide full details below, including with respect to court actions, the date, offense in question, and the address of the court involved (attach additional page(s) if necessary).

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If you have lived outside of Maine, please identify the states and dates:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Refusal to provide authorization for reference and/or criminal records checks and/or providing false or misleading information on this registration shall constitute sufficient reason to deny approval to serve as a volunteer or termination as a volunteer in the MSAD 35 district. 

I understand that MSAD 35 performs reference and criminal records checks on all volunteers and I authorize persons and entities contacted by the School Department in connection with this application to provide information about me.  I expressly waive in connection with any request for or provision of such information, any claims, including without limitation, defamation, emotional distress, invasion of privacy, or interference with contractual relations that I might otherwise have against the school department, its agents and officials or against any provider of such information. I further understand that if I am approved as a volunteer, that I will be required to sign a Volunteer Agreement and attend a Volunteer Orientation.

I understand that as a volunteer in MSAD 35 that ALL student and staff information is confidential. I agree not to access, review, disclose or use confidential student or staff information without specific authorization from a school administrator. I also understand that even when I am no longer a volunteer in the schools, any confidential information I have learned must continue to be kept confidential. I understand that any breach of these confidentiality requirements will result in my immediate termination as a volunteer and may result in legal action against me.

I understand that I must comply with all Board policies and school rules applicable to school staff as well as all directions from school administrators and staff while serving as a volunteer. I further understand that my authorization to serve as a volunteer may be terminated at the discretion of the Superintendent and school principal at any time if they determine it is in the best interests of the students of MSAD 35.


Signature of Volunteer: ______________________________________________________  Date: _________________________

 

 

DISTRICT USE ONLY – PLEASE DATE AND INITIAL APPROVALS BELOW

Volunteer Application Form approved by Principal or Athletic Director:

____________________________

Form reviewed for completeness and references checked by Principal or Athletic Director: 

____________________________ 


Local report - Maine State Police Criminal History Check and Sex Offender Registry Check done by Superintendents’ Office and approved by

Superintendents’ Office: 

___________________________

Maine Fingerprinting appointment confirmed (required for Level 3 only):

___________________________

Maine Department of Education Initial Approval Form submitted through MDOE Portal (required for Level 3 only):

__________________________

 

(Application Form Revised November 15, 2023)

Section I – Instruction

IK - Evaluation of Student Achievement

IK - Evaluation of Student Achievement

Effective evaluation of student achievement is essential to the instructional process, the certification of student progress towards meeting the content standards of the system of Learning Results, the tracking of progress toward individual and district learning goals, and communication between schools and parents. 

Evaluation of student achievement provides staff with information important to assessing students’ individual educational needs, providing appropriate instruction, and identifying learning problems and areas in which remediation is required.  Sharing of information among parents, staff and students is an integral part of the evaluation process.

Consistent with its local assessment system, MSAD #35 will use multiple assessments, both informal and formal, at the classroom, school, and district levels to evaluate each student’s achievement and to monitor his/her progress toward meeting proficiency in the content standards and the Guiding Principles of the Learning Results. Assessments over the course of each school year shall include formats that allow students to demonstrate in different ways what they know and are able to do. Students should have multiple and varied opportunities to practice, apply, and demonstrate their knowledge and skills. 

Individual classroom assessments may include but are not limited to student tests, quizzes, reports, demonstrations, presentations, artifacts, laboratory work, writing samples, teacher observations, portfolio constructions, and student self-assessments.

School and district assessments may include “common assessments” designed to provide consistent evaluation and reporting of student knowledge and skills in the same content areas across same-grade classrooms within the school and same-grade classrooms and grade spans within the district.  

Large-scale assessments will include those required for the purpose of determining whether the school has achieved “annual measurable objectives” for federal reporting purposes, and may include other nationally normed standardized achievement tests. 

COMMUNICATING INFORMATION CONCERNING STUDENT ACHIEVEMENT

Teachers should provide students and parents with timely information concerning student performance and, if applicable, the need for the student to participate in remediation and/or additional instruction.

Parents shall be informed at regular intervals of their child’s academic progress through report cards or other written means. 

In the event a student is having academic struggles, the student’s school will provide timely and periodic written notification throughout the school year to students and parents regarding their child's academic progress and remediation opportunities.

 


Ch. 127 (Me. Dept. of Ed. Rule) 

Cross Reference:  ADF – School District Commitment to Learning Results

IKE – Promotion, Retention and Acceleration of Students

IKF – Graduation Requirements

ILA – Student Assessment


Adopted: March 17, 2021

Section I – Instruction

IKB - Homework

IKB - Homework

The Maine School Administrative District #35 Board of Directors acknowledges that there is a positive correlation between meaningful, purposeful homework and student achievement. Homework extends learning opportunities beyond the school day, deepens understanding of a subject, and encourages a love of learning. Homework is an integral part of a teacher’s practice, and as such, needs to be thoughtfully crafted, valued, and weighted.

The purpose of homework is to provide students an opportunity to practice, reinforce and apply previously taught skills, acquire knowledge, and prepare for future lessons. The Board recognizes that an additional benefit of homework is teaching students the value of working independently to complete a task and learning to manage their time. 

The Board also recognizes that well designed homework should:

The amount of homework assigned will gradually increase from grade to grade. As a child advances through school, it is reasonable to expect that homework will be increased according to the following guidelines:

Kindergarten: No homework;

Grades 1-3: A few minutes in grade 1 to a maximum of 30 minutes in grade 3 for all subjects combined; 

Grades 4-5: A maximum of 60 minutes for all subjects combined;

Grades 6 -8: A maximum of two hours per night for all subjects combined;  

Grades 9-12: A maximum of three hours per night for all subjects combined. Students enrolled in AP and Honors classes may exceed a maximum of three hours per night for all subjects combined. 

Each school in the district shall provide opportunities and resources for students to complete homework on site. 

The Board expects that additional guidelines shall be established at each school in regard to weight of homework assignments on a student’s grade, amount of homework, differentiation of assignments, and consistency. 

The average cumulative amount of work required over a weekend should not exceed a regular day’s assignment. Weekends may be for review, voluntary work, or completion of make-up assignments. 

School breaks are intended to be a time that is free from schoolwork for students and staff. School breaks may be used for review, voluntary work, or completion of make-up assignments. In the event that there is a critical assignment that students must complete over a school break, teachers must have prior written approval from the building principal. 

A copy of this policy shall be included in all school and parent handbooks or otherwise distributed to all students. 

 



Cross Reference: KE Public Concerns and Complaints 


Policy Adopted: May 1, 1991

Policy Revised: November 3, 1999, February 27, 2008 and March 20, 2013

Section I – Instruction

IKE - Promotion, Retention and Acceleration of Students

IKE - Promotion, Retention and Acceleration of Students

It is the intent of the MSAD #35 Board of Directors to provide sequential instructional programming that provides opportunities for students to meet the content standards of the Maine Learning Results and District curriculum.

While most students will advance from one grade to another at the end of the academic year, some students may benefit from retention at the same grade level or acceleration to another grade level. Any decisions made concerning promotions, retentions or accelerations shall be made with the best interest of the individual student as the primary concern.

 A. Criteria  

The following criteria will be used in considering placement of students at any given grade level. The items that follow will be given the highest level of consideration in deciding upon promotion, retention or acceleration.

  1. Achievement of the content standards as demonstrated through use of assessment measures utilized in the District;
  2. Success achieved in remedial programs, tutoring, summer school or other opportunities provided for the student;
  3. Potential benefit from the grade level placement decision that is being considered;
  4. Record of attendance;
  5. Social/emotional maturity and age;
  6. Program options;
  7. Student attitude; and
  8. Parental concerns.

B. Retention

Retention shall be considered as an alternative to promotion, when it will benefit the student. Parents shall be notified as early as possible in the event retention is being considered. A decision regarding retention will involve discussion within a team of individuals including the student’s parent(s), classroom teacher(s), guidance counselor and principal.

 C. Acceleration  

Decisions regarding acceleration shall be made by the principal after discussion with the student’s parents, the student’s teacher(s), the Gifted and Talented instructor and other professional staff or consultants deemed appropriate by the principal.

D. High School Grade Level Assignment

Successful completion of the requirements specified in the Board’s policy IKF (Graduation Requirements) and demonstrated achievement of the mandated content  standards as established by Department of Education rules or regulations will be   required for graduation.

Assignment to high school grade levels will be based on the number of credits earned prior to the beginning of the current school year.

For sophomore status, a student must have earned 5 credits, for junior status 10 credits and senior status 15 credits.

E. Transfer Students

For students who transfer into the school system from another state, home school or an educational program not required to meet the content standards of the Maine Learning Results, the principal will determine the grade level placement and/or the fulfillment of  credit requirements. 

For decisions regarding promotion, retention or acceleration, the principal shall be responsible for making the final decision. A parent who is dissatisfied with the principal’s decision may file a written appeal with the Superintendent. The Superintendent’s decision shall be final.

 



Cross Reference: IK - Evaluation of Student Achievement 


Policy Adopted: May 1, 1991

Policy Revised: November 17, 1999 and December 20, 2006

Section I – Instruction

IKF - Graduation Requirements

IKF - Graduation Requirements

Before entering high school, students need to know the performance standards and the requirements for attaining a high school diploma in order to plan an appropriate and sequential educational program to meet the diploma requirements.

Maine State Law, Chapter 466, enacted in July 2018, allows local school units two options in providing secondary school diplomas. The Board of Directors reviewed the two options and determined to base the diploma requirements for MSAD # 35 on the option that meets what is known as the Credit-based diploma law. The Board of Directors has chosen to meet this option as it provides the greatest flexibility for all our students to receive a high quality educational experience that maximizes their growth intellectually towards independence as well as prepare them for college and/or career. The Board of Directors recognizes the value of having curricula based on standards that are consistent with State and Federal guidelines put forth in the Maine Learning Results and Guiding Principles, Common Core, and Next Generation Science standards. Thus, all students are provided opportunities to demonstrate a minimum level of proficiency and effective work habits needed for success in awarding of a Marshwood High School diploma. Additional expectations may be put forth by the Board of Directors consistent with community education values.

The Superintendent, through the high school principal, shall be responsible for making accurate information concerning diploma requirements available to incoming students and their parents prior to the start of their ninth grade year or at anytime there is a change in graduation requirements affecting current students. This policy will be included in the high school student handbook.

The Board has approved the following as the minimum requirements for any student to receive a Marshwood High School diploma.

Marshwood High School Diploma Requirements

    1. Clear and effective communicators

    2. Self-directed and lifelong learners

    3. Creative and practical problem solvers

    4. Responsible and involved citizens

    5. Integrative and informed thinkers.

Required, standards based courses a student must successfully complete are (total 14.5 credits; beginning with the Class of 2027, total will be 15 credits):

    1. English and Language Arts: 3 credits to include English I, English II, and English III/AP Language & Literature

    2. Mathematics: 3 credits to include at least Algebra I, Geometry, and Algebra II or Algebra IA, Algebra IB and Geometry

    3. Science and Technology: 3 credits to include Freshmen Science, Chemistry, and Biology

    4. Social Studies: 3 credits to include World History, United States History, and American Citizenship

    5. Health and Physical Education: 0.5 credit to include Health and 1.0 credit to include a Physical Education elective course. Beginning with the Class of 2027: 1.0 credit to include Health and 1.0 credit to include Physical Education elective course.

    6. Visual and Performing Arts: 1 credit to include a standards based course

B.   Additional required course work:

    1. An additional elective credit in English

    2. 5.5 credits of elective courses across any content area. Beginning with the class of 2027: 5.0 credits of elective courses across any content area.

    3. Career and Postsecondary Education to include: participation in advisory and school counseling programs.

C.   Students must complete and document fifty hours of community service.

D.   Should the state mandate testing in one or more subject areas, students will need to participate in all such tests as a requirement of graduation.

E.   Other Local Considerations:

    1. Students may obtain elective course credits through studies at the Marshwood Adult Education Program only with the approval of the Director of Adult Education, School Counselor, and the Principal

    2. Elective course credits may be obtained through accredited correspondence/online courses and requires prior approval of the School Counselor and Principal

    3. Advanced or enrichment courses may be taken at approved colleges or universities or any other secondary schools and requires prior approval of the School Counselor and Principal

    4.  Independent Study Programs may be used for elective course credit on a pass/fail basis and requires prior approval of content area by the Team Leader, School Counselor and Principal

    5. External credits/courses that are to be used as a required, standards base course requires prior written approval from the Principal.

F.   Additional Considerations Applicable to the awarding of a Marshwood High School Diploma:

    1. Transfer Students: For students who transfer to Marshwood High School from another state or from an educational program that is not required to meet the content standards of the Maine Learning Results, the Marshwood High School principal shall determine the value of the student's prior educational experience towards achieving the standards in a manner consistent with State law and applicable Board policies.

    2. Early Awarding of Diplomas: A student who has met the State's and the Board's diploma requirements in fewer than four years of high school may be awarded a diploma. A student must obtain approval from the principal in advance of a decision to graduate early.

    3. Delayed Awarding of Diplomas: At the Superintendent's discretion, a student who leaves Marshwood High School to attend an accredited, degree-granting institution of higher education may, upon satisfactory completion of the freshman year, be awarded a high school diploma when they have met all graduation requirements.

    4. Extended Study: Students are eligible for extended years of study to complete the requirements of a diploma if they have not reached the age of 20 at the start of the school year. Students eligible for extended years of study may be referred to adult education or other resources suitable to young adult learners.  

    5. Students with Disabilities:  Decisions regarding a special education student’s eligibility for graduation will be made by the student’s IEP team. The IEP team will consider the student’s progress towards their IEP goals, credits earned, and progress towards proficiency-based standards, among other factors as determined appropriate by the IEP team.

    6. Participation in Graduation ceremony: With the exception of paragraph e. above students must complete all requirements for a Marshwood High School diploma and/or complete their learning prior to turning twenty years old or through the school year in which they turn twenty to participate in graduation exercises.

20-A MRSA § 4502(8), 4722, 6209

Ch. 127 § 7 (Me. Dept. of Ed. Rule)


Cross References: 

ILA - Student Assessment
IK - Evaluation of Student Achievement 

 

Policy Revised: October 7, 1998; August 25, 2004; February 25, 2009; June 21, 2017; October 18, 2017; April 24, 2019; April 28, 2021; March 15, 2023; January 3, 2024

Section I – Instruction

IKFB - Policy for Participation in Graduation Ceremony

IKFB - Policy for Participation in Graduation Ceremony

A student who has completed local and state requirements for a diploma is entitled to receive a Marshwood High School diploma or a 2022-2023 Maine Department of Education Diploma - Educational Interruption Diploma (COVID-19) (Pursuant MRS 20-A §257-A sub-§1-A)

To be eligible for participation in the graduation ceremony, the individual must have completed all graduation requirements prior to the date of the ceremony including community service hours.

Expenses:

Graduation expenses are a responsibility of the graduating class. Funds are raised by class-initiated and executed fundraising activities and by class dues assessment which is voted each year by the class.

Early in the senior year the graduating class determines the expenses necessary for their graduation. These expenses may include: cap and gown, honor cards, programs, tickets, flowers, police services at graduation programs, scholarships, gifts to the school, individual souvenir gifts to class members and banquet expenses.

Due to the fact that it is necessary to commit funds early in the senior year, it is necessary that every class member who plans to participate in the graduation ceremony pay their share of the expenses.

  1. All financial obligations of each member of the senior class participating in the graduation ceremony must be paid in full by May 15.

  2. Should a senior not graduate, then they will be refunded their contribution.

  3. Should a senior decide after making their determination by May 15 that they do not wish to participate in the graduation ceremony, they will not be refunded their contribution.

  4. A student who is not a member of the graduation class who wishes to participate in graduation due to early or late completion of graduation requirements in a given year must make an application to the School Counselor by October 1. A conference between the student, parents and school representative shall be held. If these steps are completed, the student may be granted standing in the graduation class with the approval of the principal.

  5. The school principal will have discretionary powers to provide for school payment of supplemental charges in the case of students unable to pay these charges.

Behavior:

  1. The Board believes that graduating students represent the final achievement of the students and of the school district.  Student behavior should represent this.

  2. The Board believes that the graduation ceremony is provided to honor both the graduate and their family, friends, and classmates.  Student behavior should represent this.

  3. Students who cannot/will not comply with 1. and 2. above will not be allowed to participate in the graduation ceremony.

  4. Behavior which might create a situation in which a student will not be allowed to participate include but are not limited to:

Dress/Attire:

  1. Dress for commencement shall consist of the commencement robe, appropriate academic/recognition pins and honor cords and the mortarboard.

  2. Students not meeting acceptable dress standards will be asked to comply with district policy JICA - Student Dress and failing to do so, excluded from participation in graduation.

Participation in the graduation ceremony is a privilege.  Appropriate behavior and dress/attire is expected.  Failure to meet appropriate behavior and dress/attire expectations may result in a student’s privilege to participate in graduation being revoked.



Policy Adopted: November 15, 1995

Policy Revised: April 5, 2006, February 8, 2023

Section I – Instruction

ILA - Student Assessment

ILA - Student Assessment

The Board recognizes that Maine law requires each school administrative unit to use multiple assessment methods to measure student achievement and/or proficiency in the content areas of the Learning Results and the cross-curricular Guiding Principles. The Board also recognizes the value of assessment in informing and improving instruction. 

Through this policy, the Board adopts and directs the Superintendent/ designee to implement and oversee an assessment system for the MSAD #35 schools that will accomplish these objectives. The Superintendent shall be responsible for reviewing the assessment system for compliance with applicable statutes and Department of Education standards.

                     


Legal Reference: 20-A MRSA §§ 6202-B, 6209

Cross Reference: IK – Student Achievement


Policy Adopted: August 25, 2004

Policy Revised: February 1, 2006,  February 10, 2021

Section I – Instruction

ILD - Educational Research: Student Submission To Surveys, Analyses, or Evaluations

ILD - Educational Research:  Student Submission To Surveys, Analyses, or Evaluations

In this policy, “surveys, analyses, or evaluations” refer to methods of gathering data for research purposes.

No student shall be required as part of any program wholly or partially funded by the U.S. Department of Education to submit to any survey, analysis, or evaluation that reveals information concerning:

A. Political affiliations or beliefs of the student or the student’s parent;

B. Mental or psychological problems of the student or the student’s family;

C. Sex behavior or attitudes;

D. Illegal, anti-social, self-incriminating, or demeaning behavior;

E. Critical appraisals of other individuals with whom respondents have close family relationships;

F. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

G. Religious practices, affiliations, or beliefs of the student or student’s parents; or 

H. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program without the prior written consent of the student’s parent/guardian, or of the student, if he/she is 18 years of age or older.

All instructional materials, including teachers’ manuals, films, tapes, or other supplementary material which will be used in connection with any such survey, analysis, or evaluation shall be available upon request for inspection by the student’s parent/guardian. For the purpose of this policy, “instructional material” does not include academic tests or assessments.

A parent may inspect, upon request, a survey created by a third party before the survey is administered or distributed to a student.

The Superintendent/designee will be responsible for implementing any procedures necessary to protect the privacy of participating students and to provide parents with access to surveys within a reasonable time before administration or distribution. 

The school unit will notify parents of this policy at least annually at the beginning of the school year and within a reasonable time of any substantive change in policy.  Insofar as practicable,* the school unit will also directly notify parents annually at the beginning of the school year when surveys, analyses, or evaluations are scheduled or anticipated. Parents shall have the opportunity to opt their child out of participation in any survey, analysis, or evaluation. Students who are 18 years of age or older may opt out of such surveys, analyses, or evaluations. 

Use of Student Personal Information for Marketing Purposes

The school unit does not collect, use or disseminate personal information about students for marketing or commercial purposes. This policy does not prevent the collection, use or dissemination of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for or to students or schools (including but not limited to tests and assessments, sale by students or products or services to raise funds for school-related purposes, student recognition programs and book clubs or magazines.)

 


Cross reference: JRA—Student Educational Records and Student Information


Policy Adopted: September 17, 2003 

Policy Revised: April 16, 2014, February 10, 2021

Section I – Instruction

IMB - Teaching About Controversial Issues

IMB - Teaching About Controversial Issues

Policy Statement 

Students are exposed to a wide range of issues, information, ideas and values at school, at home and in the community.  Particular issues may be controversial because of differing political, religious, moral, ethical or cultural beliefs. In the context of the educational program and approved curricula, the Board supports discussion of controversial issues in an atmosphere that promotes positive and inclusive student learning and teaches respect for the beliefs of others.

To promote appropriate and fair consideration of controversial issues in the instructional setting, the Board expects the following principles to be followed by educators. 

1. Discussion of controversial issues shall be appropriate to the age, grade and maturity of the students involved.

2. Discussion of a controversial issue may take place as part of the approved curriculum and for educational purposes.  The educator must be knowledgeable about the issue and serve as a facilitator to ensure that points of view are presented in a civil manner. In the capacity as facilitator, it is the educator’s responsibility to identify diverse points of view on an issue, and to make certain that differing opinions and perspectives are treated with respect.

3. Students shall be given the opportunity to understand different/opposing sides of an issue and to use classroom discussion to formulate their own views. Students shall also be provided with appropriate instructional materials and opportunities to research and study the issue.

4. Educators shall not use the classroom as a forum to advance their personal views or proselytize, but are not prohibited from expressing their own views for legitimate pedagogical purposes. Educators should be mindful that the Board’s priority is to create a positive, respectful and inclusive student learning environment. The MSAD 35 Board of Directors places priority on the following student learning parameters when engaging in the curriculum appropriate study of controversial issues:

1. The ability for students to study any controversial issue which has political, economic, or social significance and concerning which (at the appropriate level) he/she should begin to have an opinion;

2. The ability for students to have free access to all relevant information;

3. The ability for students to form and express opinions on controversial issues without thereby jeopardizing relations with the teacher or the school; and

4. The ability for students to study under competent instruction in an atmosphere free from bias and prejudice.

5. Outside speakers on controversial issues must be approved in advance by the building administrator. When outside speakers are used, reasonable efforts should be made to expose students to speakers on more than one side of the issue. If this is not feasible, educators are responsible for providing appropriate information regarding differing points of view on the issue.

 6. Students or their parents/legal guardians who object to particular topics based on their particular, sincerely-held religious, moral or philosophical beliefs may request an accommodation in accordance with Board Policy IMBB.

 

 

Cross References: IMBB – Accommodation of Sincere Beliefs in Required Instruction

ILD – Educational Research:  Student Submission To Surveys, Analyses or Evaluation 


Policy Adopted: May 17, 1995

Policy Revised: April 5, 2006, September 01, 2021

Section I – Instruction

IMBB - Exemption from Required Instruction

IMBB - Exemption from Required Instruction

The curriculum of MSAD #35 is designed to reflect the learning expectations for all students in all content areas of the system of Learning Results, as well as other statutory and regulatory requirements and content areas specified by the Board.

The Board acknowledges that from time to time individual students may be exposed to some ideas and materials with which they or their parent(s)/legal guardian disagree. Students and their parent(s)/legal guardian cannot be required to adopt ideas with which they disagree, but such disagreement alone is not a sufficient basis to exempt a student from the prescribed curriculum. Exemptions from the required curriculum should be minimized because they can detract from the overall instruction provided to the class as a whole and the educational objectives sought to be achieved by the curriculum.

The Board recognizes, however, that there could be topics in the curriculum that may be objectionable to individual students and/or parent(s)/legal guardian based on their particular sincerely held religious, moral or philosophical beliefs. Exemption from instruction which infringes on such beliefs may be requested by the parent(s)/legal guardian.

Requests for exemption from instruction must be made in writing to the building Principal and are subject to the approval of the Principal. The Principal shall notify the Superintendent as soon as practicable of any request for exemption from instruction and of his/her decision. If the Principal denies an exemption request, the parent(s)/legal guardian may appeal to the Superintendent. 

In considering requests for exemption, factors that the Principal should consider may include:

A. The alignment of the curriculum with the system of Learning Results;

B. Whether the course or content area is required by state law or Board policy;

C. The educational importance of the material or instruction from which exemption is requested;

D. Evidence regarding the sincerity of the belief on which the request is based;

E. Whether the school has a legal obligation to accommodate the exemption request;

F. The effect of exemption or accommodation on the validity of the local assessment system; and

G. Other factors that bear upon the particular request.

Exemption from required instruction does not excuse the student from meeting the requirements of the Learning Results or from total credit hours or other requirements for graduation, or from performing alternative work.

When the Principal determines that the curriculum that has been aligned with the system of Learning Results conflicts with sincerely held religious beliefs of a student or his/her parent or legal guardian, reasonable accommodation in the curriculum shall be made for the student, within the scope of existing resources. Alternative instruction may be provided by the school or through approved independent study. Any alternative instruction shall be approved in advance by the Principal in consultation with appropriate instructional staff and shall meet the standards and objectives of the part of the curriculum that is being replaced.  When requests for exemption from required curriculum are made for religious reasons, a parent/guardian who is dissatisfied with the Principal’s decision may appeal to the Superintendent.  If the accommodation in the curriculum that is requested is so great that the validity of the local assessment system is compromised, the Superintendent will determine how to address the situation, subject to the approval of the Commissioner.

When a student is exempted from any portion of the regular curriculum for other than religious reasons (exemption based on sincere philosophical or moral beliefs), the staff will make reasonable efforts, within the scope of existing resources, to accommodate alternative instruction for the student. Alternative instruction may be provided by the school or through approved independent study. Any alternative instruction shall be approved in advance by the Principal in consultation with the classroom teacher, and shall meet the standards and objectives of the part of the curriculum that is being replaced. When requests for exemption are made for philosophical or moral reasons, a parent/guardian who is dissatisfied with the Principal’s decision may appeal to the Superintendent, whose decision shall be final. Local boards may wish to consider adding an appeal to the Board in the event that a parent/guardian is dissatisfied with the Superintendent’s decision.



LD 1536, Chap. 51 Resolves

Ch.. 127 § 3.07 (Me. Dept. of Ed. Rules (Me. Dept. of Ed. Rules)

Ch. 131 (Me. Dept. of Ed. Rules)

 

Cross References: ADF – School District Commitment to Learning Results

IJJ – Instructional and Library Material Selection

IMB – Teaching About Controversial/Sensitive Issues

IMBAA – Alternatives To Biological Dissection


Policy Adopted: March 1, 2006

Section I – Instruction

IMC - Guest Speakers in Schools

IMC - Guest Speakers in Schools

The Board encourages school administrators and teachers to invite guest speakers when the speaker’s program supports or supplements the curriculum and provides a learning experience appropriate to the grade level(s) of students.

The Board believes that it is important for students to have access to information, to appreciate the knowledge, experience and accomplishments of others, to be exposed to issues upon which there may be disagreement, and to learn to discriminate between facts and opinion, analyze and discuss different points of view and draw their own conclusions. 

Speakers in the Classroom

Because guest speakers may have particular viewpoints and opinions, it is important that teachers have a clear understanding of the speaker’s purpose, prepare students for the experience in advance and provide appropriate follow-up activities. Teachers should strive to provide a balance of viewpoints and opinions through discussion or other activities that allow for the presentation of opposing views. This may include, when practicable, the invitation of speakers with different points of view.

Teachers are expected to use professional judgment in determining the appropriateness of an issue to the curriculum and/or the maturity of students. When unsure, the teacher should consult with the building principal.

A staff member who wishes to invite a speaker must obtain the approval of the building principal before doing so. Requests for speakers must be submitted at least one week in advance. A staff member whose request has been denied may appeal to the Superintendent, whose decision shall be final. 

Teachers should notify parents in advance if a speaker’s presentation may be controversial. 

The teacher who has invited the speaker remains responsible for the supervision of students and must be present at all times when the speaker is in the classroom.

Speakers at School Assemblies

Principals may invite or approve speakers for school assemblies when the experience is consistent with the objectives of this policy.  Non-routine assemblies should be scheduled in a way that minimizes interruption of the instructional program. 

Whenever practicable, staff should be given advance notice of such assemblies at least two (2) days in advance.

Speaker Guidelines

The Superintendent/designee may develop rules or guidelines for speaker conduct and decorum.

Profanity, vulgarity and the advocacy of violence, violation of the law, Board policies or school rules or promotion of use of tobacco, drugs or alcohol or other substances or items that are illegal for minors will not be permitted.



Cross Reference: IMB – Teaching About Controversial/Sensitive Issues 

IMBAA – Exemption From Required Instruction

 

Policy Adopted:  July 17, 2013

Section I – Instruction

IMD - Religious Expression in the Schools

IMD - Religious Expression in the Schools

Provisions of both the United States and Maine constitutions bar government involvement, in any form, which has the direct effect of promoting religious purposes. At the same time, MSAD # 35 realizes that students have a right to personal beliefs, and this right does not end at the schoolhouse door. School must be a place where personal beliefs are treated with fairness and respect. 

The Board recognizes that a student’s education would be incomplete without an understanding of the role of personal beliefs in school ceremonies and observances in history and culture. The district shares responsibility with the community to develop in its students appropriate moral and ethical character incorporating ideals of liberty, justice, the pursuit of happiness, and equality of opportunity.

Religious expression in public schools involves a careful balancing of free speech rights, personal expression and the right to free exercise of religion without promoting or establishing religion.

Student Prayer and Religious Discussion in General

 School Staff Neutrality Regarding Religious Activity

School staff members, when acting in their official capacity, are prohibited from endorsing, soliciting, encouraging, participating, or directing religious activities with students, on campus or at school-sponsored off-campus events.

Teaching about Religion

Freedom of Expression or Activity by Non-Students 

Schools may not permit undue influence proselytization, religious  recruitment, or demonstration involving preference of one belief over another by non-students on school premises during school hours or during off-campus, school-sponsored events.

Student Expression through Dress

Students may display religious messages on items of clothing to the same extent that they are permitted to display other comparable messages. When wearing particular attire, such as yarmulkes and head scarves, during the school day as part of a student’s religious practice, schools generally may not prohibit the wearing of such items unless the item poses a safety risk. 

Student Expression through School Productions and Displays 

For both class and extracurricular purposes, students regularly produce drama and other theatrical events. Whether produced as part of a class activity (such as a drama class or as a school-sponsored club), the production is a school-sponsored event or activity over which the school retains control and responsibility. 

As with instruction, the history of religion, comparative religion, the Bible (or other scripture)-as-literature, and the role of religion in the history of the United States and other countries all are permissible elements in theatrical production. Concerts may appropriately include music related to religious themes.

Schools may display religious symbols on a temporary basis, and may be combined with examples of the practice of other religions as a multicultural display or for some other education purpose. 

School Publications

Students have the right to express their individual views, including religious views, in official school publications such as a school newspaper or yearbook in a manner that maintains this orderly operation of the school.

  


Policy Adopted: February 16, 1983

Policy Amended: December 21, 1994, October 2, 1996 and November 20, 2013

Section I – Instruction

IMDA - Pledge of Allegiance

IMDA - Pledge of Allegiance

In order to foster appreciation and respect for the flag as a symbol of our nation, the Pledge of Allegiance will be recited each morning and at assemblies and other appropriate occasions in every school. It is the responsibility of the Superintendent, through each building principal, to ensure that this policy is implemented. The building principal may determine how the Pledge will be initiated, such as by individual teachers or by intercom. 

Individual students may decline to participate in the Pledge of Allegiance. Students who do not participate must remain quiet and refrain from disruptive or distracting behavior while the Pledge is being recited. 

Teachers may not be compelled to recite the Pledge of Allegiance, but they are not excused from the duties to initiate and supervise student recitation of the Pledge as assigned by the principal nor from implementation of curriculum that promotes honor and respect for the flag and our country.

 


Cross Reference: IMDB – Flag Displays 


Adopted: March 4, 2015

Section I – Instruction

IMDB - Flag Displays

IMDB - Flag Displays

In accordance with Maine state law, the United States and Maine flags are to be displayed from the public school buildings of this school unit every school day and on appropriate occasions. Further, the American flag is to be displayed in every classroom in each public school in the unit.

The Superintendent is responsible to furnish each school and facility accordingly and to recommend to the Board annually the amount of expenditure necessary to provide sufficient flags and flagstaffs. This Board shall appropriate the necessary funds.

 


Cross Reference: IMDA – Pledge of Allegiance

Adopted: March 4, 2015

Section J – Students

Section J – Students

JC - School Attendance Areas

JC - School Attendance Areas

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

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

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

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

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

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

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

 


Policy Adopted: May 7, 1980

Policy Reviewed: January 21, 1998

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

Section J – Students

JEA - Compulsory Attendance

JEA - Compulsory Attendance

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

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

B.    A person who has:

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

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

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

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

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

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

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

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

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

Alternatives to Attendance at Public Day School

A.    Equivalent instruction alternatives are as follows:

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

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

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

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

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

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

Credit for Attendance at a Private School 

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

Discontinuation of Home Instruction 

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

Excusable Absence

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

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

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

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

D. A family emergency;

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

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

Parental Responsibility

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

Adult Students

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

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

Policy Adopted: May 5, 2004

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

Policy Reviewed: April 13, 2016

Section J – Students

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

Section J – Students

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

Section J – Students

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

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

Admission Requirements:

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

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

The district encourages electronic registration per the link below:

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

Paper registration form below:

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

Date of Birth: ___________________________________________________________________________

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

___________________________________________________________________________

Home telephone number: _______________________________________________________

Student lives with (check all that apply):

 

☐ Father, daytime phone: _____________________________

☐ Mother, daytime phone: _____________________________

☐ Legal Guardian, daytime phone: ______________________

List Additional Siblings and Schools Attending:


 

 


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

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

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

Other living arrangements: _______________________________________________________

Parent/Guardian Certification of Residency Requirement

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

Date: ___________ Signature: __________________________ Print Name: __________________________



Birth Certificate and Immunization Records Requirements

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

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

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

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

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

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

Additional Personnel Documents Provided by Family

Cross Reference: JFAA – Admission of Resident Students

JLCB/JLCB-R – Immunization of Students and Procedure


Policy Adopted: November 14, 2018

Policy Revised: March 16, 2022

Policy Reviewed: March 16, 2022

Section J – Students

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

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

Admission Requirements:

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

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

  3. Birth Certificate - required

  4. Previous School Information/Records release. - required

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

The district encourages electronic registration per the link below:

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

Paper registration form below:

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

Date of Birth: ___________________________________________________________________________

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

___________________________________________________________________________

Home telephone number: _______________________________________________________

Student lives with (check all that apply):

 

☐ Father, daytime phone: _____________________________

☐ Mother, daytime phone: _____________________________

☐ Legal Guardian, daytime phone: ______________________

List Additional Siblings and Schools Attending:

 

 

 

 

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

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

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

Other living arrangements: _____________________________________________________

Parent/Guardian Certification of Residency Requirement

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

Date: __________ Signature: ____________________________ Print Name: ______________________________


Students Education/Disciplinary Records from Previous School Requirement

Name of school that student is transferring from:

Address and telephone number for above:

Name of Principal:

Student’s current grade level:

Reason for transfer:

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

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

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

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

Immunization Records Requirement

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

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

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

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

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

Additional Documents Required from previous School District

                ☐Academic Transcript/Report Card

                ☐IEP/504 Plans

      ☐Attendance Records

Additional Personnel Documents Provided by Family

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


Cross Reference: JFAA – Admission of Resident Students

JLCB/JLCB-R – Immunization of Students and Procedure

 

Policy Adopted: November 14, 2018

Policy Reviewed: March 16, 2022 

Policy Revised: March 16, 2022

Section J – Students

JFAB - Admission of Non-Resident Private Tuition Students

JFAB - Admission of Non-Resident Private Tuition Students

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

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

 


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

JFAA - Admission of Resident Students

JLCB - Immunization of Students


Policy Adopted: March 3, 2010

Policy Revised: May 2, 2012

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

Section J – Students

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

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

Date: ________________ 

Full Name of Student: ________________________________________________________

                                      Last Name             First Name              Middle Name

Parent/Guardian(s) Name: _____________________________________________________

Permanent Home Address: ___________________________________________________

                                              Street                     City                State            Zip

Current Mailing Address: ______________________________________________________

                                           Street/PO Box             City              State           Zip

Telephone Number: _____________________  Alternate Phone Number: _______________

E-mail: _____________________________________________________________________ 

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

Current Grade: ___________________________

School Address: _________________________________________________________   

Principal: _______________________________________________________________

Counselor: _______________________________________________________________

Telephone: _______________________________________________________________

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

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

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

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

_________________________________________________________________

Signature of Parent/Guardian                             Date

_________________________________________________________________

Signature of Student                                           Date  

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

Office of the Superintendent of Schools

Attn: Administrative Assistant to the Superintendent

M.S.A.D. #35

180 Depot Road

Eliot ME 03903


JFAB-E Reviewed November 28, 2018

Section J – Students

JFABD - Education of Homeless Students

JFABD - Education of Homeless Students

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

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

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

 


 

20-A M.R.S.A. §§ 13-A, 261 and 5205

Me. Dept. of Ed. Reg. 14

 

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

Student Records and Information - JRA   

 

Policy Adopted: November 19, 2003 

Policy Revised: December 19, 2018

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

Section J – Students

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

Section J – Students

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 

Section J – 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 

Section J – 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 

Section J – 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

Section J – Students

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

Section J – Students

JLCE-E - MSAD #35 Accident Report

MSAD #35 Accident Report

Section J – Students

JLCDB - Naloxone (Narcan) in Schools

JLCDB - Naloxone (Narcan) in Schools

Purpose

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

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

Permissions

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

Procurement of Naloxone

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

Storage

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

Use of Naloxone

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

Follow Up

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

Title 20-A Chapter 201 §4009

Policy Adopted: October 18, 2023

Section J – Students

JGAA - Assignments of Students to Classes - Five Year Olds

JGAA - Assignments of Students to Classes - Five Year Olds

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

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

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

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

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

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

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

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

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


Legal Reference: 20-A MRSA § 5201

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

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

JFAB – Admission of Non-Resident Students


Policy Adopted: August 19, 1987

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

Section J – Students

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

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

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

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

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

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

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

 


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

Cross Reference JFAA - Admission of Resident Students

 

Policy Adopted: August 19, 1987

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

Section J – Students

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

Section J – Students

JIC - STUDENT CODE OF CONDUCT

JIC - STUDENT CODE OF CONDUCT

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

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

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

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

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

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

Standards for Ethical and Responsible Behavior

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

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

Code of Conduct

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

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

General Behavior Expectations and Discipline Policies

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

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

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

Expectations

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

A.    Violence and Threats

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

B.    Weapons

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

C.    Bullying

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

D.    Hazing

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

E.    Discrimination and Harassment/Sexual Harassment

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

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

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

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

F.    Drug and Alcohol Use             

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

G.    Tobacco Use

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

H.    Conduct on School Buses

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

I.     Computer/Internet Use

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

J.     Athletic/Extracurricular Activities

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

Discipline

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

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

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

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

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

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

Removal of Disruptive/Violent/Threatening Students

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

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

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

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

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

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

Special Services

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

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

Referrals to Law Enforcement Authorities

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

Dissemination of the Student Code of Conduct

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



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

Cross Reference: 

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

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

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


Policy Adopted: November 20, 2002

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

 

Section J – Students

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



Section J – Students

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



Section J – Students

JICA -Student Dress - Effective School Year 2023-2024

JICA - Student Dress
Effective School Year 2023-2024

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

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

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

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

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

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

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

gender or sexual orientation.

F. Appropriate footwear must be worn at all times.

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

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

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

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

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

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

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

Policy Adopted: May 7, 1980

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

Section J – Students

JICC - Student Conduct on Buses

JICC - Student Conduct on Buses

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

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

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

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

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

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

 

20-A MRSA § 5401

Cross Reference:

EEA - Student Transportation Services

JFCK – Student Use of Cell Phones and Other Electronic Devices

JICDA – District-Wide Student Code of Conduct

 

Policy Adopted: March 5, 2003

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

Section J – Students

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

Section J – Students

JICH - Drug and Alcohol Use by Students

JICH - Drug and Alcohol Use by Students

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

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

Prohibited Conduct 

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

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

Disciplinary Action 

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

Prevention/Education

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

Intervention

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

Policy Communications

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

 

21 USC § 812 (Controlled Substances Act)

21 CFR Part 1300.11-15

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

17-A MRSA § 1101

42 USC § 290dd-2

42 CFR § 2.1 et seq.

20-A MRSA §§ 1001(9); 4008

  Cross References: 

GBEC - Drug Free Workplace

JICIA - Weapons, Violence, and School Safety

JKD - Suspension of Students

JKE - Expulsion of Students

JLCD - Administering Medication to Students

JLCDA - Medical Marijuana in Schools

JRA - Student Records

 

Policy Adopted: August 28, 1985

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

Section J – Students

JICIA - Weapons, Violence and School Safety

JICIA - Weapons, Violence and School Safety

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

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

I. PROHIBITED CONDUCT

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

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

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

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

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

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

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

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

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

I. Violations of state or federal laws; and

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

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

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

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

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

A. Possession of firearms used in educational programs

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

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

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

III. USE OF OTHER WEAPONS IN INSTRUCTIONAL ACTIVITIES

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

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

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

IV. DISCIPLINARY ACTION 

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

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

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

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

V. PSYCHOLOGICAL EVALUATION/RISK ASSESSMENT

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

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

VI. NOTIFICATION TEAM/CONFIDENTIALITY

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

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

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

 

5 MRSA § 4681 et seq.

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

17-A MRSA §§ 2(9); 2(12-A)

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

20 USC § 7961 (Gun-Free Schools Act)

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

 

Cross References: 

ACAA - Harassment and Sexual Harassment of Students

ADC - Tobacco Use and Possession

EBCA - Comprehensive Emergency Plan

JIC – Student Code of Conduct

JICH - Drug and Alcohol Use by Students

JK - Student Discipline

JKD - Suspension of Students

JKE - Expulsion of Students

JKF - Suspension/Expulsion of Students with Disabilities

JIH - Questioning and Searches of Students

KLG - Relations with Law Enforcement Authorities



Policy Adopted: July 30, 1996

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

Section J – Students

JICIA-E1 - Report of Dangerous Behavior by Student

MSAD #35

JICIA-E1 - Report of Dangerous Behavior by Student

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

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

a. Please check the appropriate line:  _______Staff member  ___________Student

__________ Other role (please specify):_________________________________

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

            ________________________________________________________________

a. Please check the appropriate line:  _______Staff member   ___________Student

          __________ Other role (please specify):_________________________________

3.         Information About the Incident

a. Date and time it occurred: ____________________________________________

b. Location (be specific): ________________________________________________

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

_____________________________________________________________________________

______________________________________________________________________________

 _____________________________________________________________________________

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

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

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

Policy Form Adopted:  November 16, 2022

Policy Form Reviewed:  December 20, 2023

Section J – Students

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

Section J – Students

JICK - Bullying


JICK - Bullying

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

Bullying Prohibited

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

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

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

Definition of Bullying

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

Bullying                

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

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

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

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

B.  Interferes with the rights of a student by:

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

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

C.  Is based on:

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

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

Under Maine law:

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

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

Cyberbullying

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

Retaliation

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

Application of Policy

This policy applies to bullying that:

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

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

Consequences for Policy Violations

Students

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

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

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

School Employees and Others

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

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

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

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

Staff Training

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

Delegation of Responsibility

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

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

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

The Superintendent’s decision shall be final.

Dissemination of Policy

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

20-A M.R.S.A. § 1001(15), 6554

                      

Cross References: 

AC - Nondiscrimination, Equal Opportunity

ACAA-R - Harassment and Sexual Harassment of Students Procedure

ACAB – Harassment and Sexual Harassment of School Employees and Procedure

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

ACAD – Hazing

AD – Educational Philosophy/Mission

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

ADF - School District Commitment to Learning Results

CHCAA - Student Handbooks

GCI – Professional Staff Development

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

JI - Student Rights and Responsibilities

JIC - Student Code of Conduct

JICC - Student Conduct on Buses

JICIA- Weapons, Violence and School Safety                                          

JK - Student Discipline

JKD - Suspension of Students

JKE - Expulsion of Students

KLG - Relations with Law Enforcement Authorities

KE – Public Concerns

Policy Adopted: November 1, 2006

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

Section J – Students

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

Section J – Students

JICK-E2 - Bullying Investigation And Response Form

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

Date the alleged incident of bullying was reported: ____________________________

Name of person investigating alleged incident(s): _____________________________

Position/title of investigator: ______________________________________________

Name of person reporting bullying incident(s): _______________________________

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

Other ________________________________________________________

Name(s) of alleged target: _________________________________________________

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

Name(s) of potential witnesses: _____________________________________________ 

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

        _____ on school property

        _____ on school bus

        _____ at a school sponsored activity

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

        _____ elsewhere (be specific)

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

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

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

(If yes, specify) _________________

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

Person notified:  __________________________ Date: ____________________

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

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

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

(If yes, specify) _________________

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

Person notified: _____________________________________ Date: ___________________

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

Nature of harm incurred:

        ____Physical harm to student or damage to student’s property

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

        ____Hostile educational environment

        ____Infringement of student’s rights at school

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

        ____National origin/ancestry/ethnicity

        ____Religion

        ____Physical, mental, emotional or learning disability

        ____Sex

        ____Sexual orientation

        ____Gender/gender identity/expression

        ____Age

        ____Socioeconomic status

        ____Family status

        ____Physical appearance

        ____Weight

        ____Other distinguishing personal characteristics

        ____Other (explain) _______________________

Summary of investigation/Explanation of findings: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Disciplinary action - alternative discipline: ___________________________________

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

Expulsion (recommended for expulsion): _____________________________________

Recommendations for support services:     

Counseling/referral to services (targeted student): _______________________________

Counseling/referral to services (bully): _____________________­­­­­_____________­­______

Recommendation to report to law enforcement?  ____ Yes ____ No

____ Potential criminal violation         ____ Potential civil rights violation

Recommendations in other substantiated bullying situations: 

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

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

If bullying involves a school-affiliated organization: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Signature of investigator: _________________________________________________

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

Copy to Superintendent on [date]

ACTIONS TAKEN BY PRINCIPAL

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

_____ Alternative Discipline

_____ Detention

_____ Weekend Detention

_____ In-school suspension

_____ Out-of-school suspension

_____ Expulsion/Recommended for expulsion

Alternative discipline imposed for this student (if applicable):

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

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

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

_____ Counseling

_____ Anger management

_____ Health counseling or intervention

_____ Mental health counseling

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

_____ Community service

Referral to law enforcement?  ____ Yes ____ No

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

Notification sent by principal: [Date]

Copy to Superintendent: [Date]


APPEAL OF PRINCIPAL’S DECISION

Date appeal submitted: ________________________________________________________

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

Superintendent’s decision: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

ACTIONS TAKEN BY THE SUPERINTENDENT

____Recommendation to Board for student expulsion

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

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

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

____Other:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

      


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

JICK – Bullying

JICK-R - Bullying-Administrative Procedure

JRA-R – Student Education Records and Student Information

 

Policy Adopted: November 1, 2006 

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

Policy/Exhibit Reviewed January 20, 2021

Section J – Students

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

Section J – Students

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

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

image-1647873057767.png

Printable PDF version availible linked below!

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

Section J – Students

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

image-1648473458739.17.01 AM.png

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

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

Section J – Students

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

Section J – Students

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

Section J – Students

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:

__________________________________________________                                                                                 


Section J – Students

JIH-R - Questioning and Searches of Students Administrative Procedure

JIH-R - Questioning and Searches of Students Administrative Procedure

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

A. Questioning by School Administrators

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

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

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

C. Searches of Lockers, Desks and Other School Facilities 

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

D. Patrolling of Parking Lots 

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

E. Involvement of Law Enforcement Authorities

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

 

Cross References: JIH-E – Student Search Checklist

KLG – Relations with Law Enforcement Authorities

 

Policy Adopted: November 17, 2004

Section J – Students

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

Section J – Students

JJE - Student Fundraising Activities


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

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

A. Fundraising Guidelines

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

  1. All student fundraising activities must be approved in advance by the building principal. There must be sufficient educational or financial benefits to the school and/or students to justify the fundraising activity.
  2. Student fundraising activities must be supervised by a building administrator, teacher or activity advisor.
  3. The activity must be one in which schools and students may appropriately engage, and must not subject the schools or students to unnecessary risk or responsibility. In the event there is a question regarding the appropriateness of a proposed activity or the proposed fundraising activity is one that is new to the school system, the building principal shall consult with the Superintendent.
  4. Participation by students shall be voluntary. 
  5. The activity must not be unduly demanding of student or staff time or work. Neither students nor staff should miss instructional time to plan or implement fundraising activities, acquire, demonstrate or distribute products, solicit sales, or to collect or record monies. Students may participate in fundraising activities during non-instructional time, such as lunch periods and before and after school.
  6. There shall be no mandatory quotas for product sales or donations.
  7. Class time will not be used for distribution of promotional materials.
  8. Students participating in fundraising activities are expected to conduct themselves in accordance with Board policies, school rules and the student code of conduct.
  9. In the interest of student safety, activities involving door-to-door solicitation by students are prohibited. 
  10. Club and class dues shall be determined by the club or class officers in consultation with the club or activity advisor. The building principal shall have final authority over the setting of club and class dues.
  11. The building administrator and teachers or advisors supervising fundraising activities will be responsible for collecting, monitoring, depositing into and disbursing funds raised in accordance with the Board’s policy DFF, Student Activities Funds Management (or other applicable policy code and title).

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

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

  1. The fundraising activity or charity drive must be sponsored by a recognized school club or student organization and approved in advance by the building principal. 
  2. The activity or drive must be supervised by a building administrator or teacher.
  3. Instructional time should not be used for planning or soliciting funds.
  4. Class time should not be used for distribution of promotional materials.
  5. Participation in or donation to any fundraising activity shall be optional. Under no circumstances will any student be compelled to participate or donate, or be penalized for not participating or donating.
  6. Fundraising activities must be conducted in accordance with the guidelines in Section A of this policy.
  7. The building administrator or teacher charged with supervising the fundraising activity or drive will be responsible for collecting, monitoring and disbursing funds raised. Use of any student activity account must be in accordance with the Board’s policy DFF (or other code), Student Activities Funds Management.

C. Use of Students in PTO/Parent Group Fundraisers

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

  1. Any fundraising activity sponsored by a PTO or other parent group that involves student participation must be approved in advance by the building principal and be conducted in consultation with the building principal and staff.
  2. Participation should provide a positive experience for students.
  3. Participation by staff and students shall be voluntary.
  4. Instructional time will not be used for fundraising activities or solicitations.
  5. All activities must be conducted in accordance with the fundraising guidelines in Section A of this policy.

D. Coordination of Fundraising Activities

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

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

 


Cross Reference: EFE-Competitive Food Sales

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

 

Policy Adopted: November 20, 1991

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

Section J – Students

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.)

Section J – Students

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    

Section J – Students

JJEA - Student Solicitation

JJEA - Student Solicitation

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

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

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

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

 



Policy Reviewed: May 17, 1995

Policy Revised: September 7, 2005

Policy Revised: December 21, 2005

Section J – Students

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

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

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

A. Requirements for Participation for all students 

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

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

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

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

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

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

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

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

 


Cross References: JLA Student Athlete Accident Insurance

                                JLA-E1 Student Athlete Accident Insurance Form

                               JJID Physical Examinations of Students Who Participate in Interscholastic Athletics

 

Policy Adopted: April 20, 1989

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

 

Section J – Students

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

Section J – Students

JJIBB - Sportsmanship Conduct for Competition

JJIBB - Sportsmanship Conduct for Competition

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

A. Participants

In demonstrating sportsmanship, students are expected to:

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

B. Coaches

In demonstrating sportsmanship, coaches are expected to:

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

C. Spectators and Parents 

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

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

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

D. Penalties for Inappropriate Conduct

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

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

E. Notice of Rules

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

 


Cross References: ACAA – Harassment and Sexual Harassment of Students

JICDA - District-Wide Student Code of Conduct

 

Policy Adopted: May 2, 2007

Section J – Students

JJIBC - Relations with Booster Groups and PTOs

JJIBC - Relations with Booster Groups and PTOs

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

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

Section 1 – Prerequisites for Recognition

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

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

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

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

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

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

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

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

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

Section 2 – Governing Rules for School Sponsored Groups

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 3 – Group Responsibilities/Code of Ethics

Booster Groups

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

Parent Organizations

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

Section 4 – Revocation of Approval 

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

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

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

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

 


Cross References:

EFE—Competitive Food Sales

KF – Community Use of School Facilities

KCD - Public Gifts and Donations to the Schools

KHB - Advertising in the Schools

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

JJE – Student Fundraising Activities

 

Policy Adopted: November 20, 1991

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

Section J – Students

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)

Section J – Students

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

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

image-1647888725333.png

Printable PDF linked below!

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

Section J – Students

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.)

Section J – Students

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:  _______________

Section J – Students

JJIBC-E5 - Annual Fundraising Report

JJIBC-E5 - MSAD #35 Annual Fundraising Report

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

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

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

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

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

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

         

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

Mailing address: _____________________________________________________________

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

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

2.              Total Funds Received during Year: $______________________

3.              Total Expenditures during Above Report Year: $______________________

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

~Please fill out reverse side to complete report~

Name of financial institution: _________________________ Account Number: ___________

Authorized signatories: ________________________________________________________

Current balance: $__________________ Insurance company: _________________________

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

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

Fee Amount/Student

Purpose

 

 

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

Name

Phone

Email

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other information you feel as necessary to share:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

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

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

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

Activity                                                                  Funds Received

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

                                                                                Total Funds Received ___________

EXPENDITURE SUMMARY (All expenses) Expense Listing                            

Expenditures $

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

·  ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

· ____________________________            ____________________________

                                                                                Total Expenditures ____________

                                                                                Net Income/Loss: _____________

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

Name: _________________________________________________________________

Signature: ___________________________________ Date: ______________________

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

Form Revised:  April 27, 2022

Section J – Students

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

Section J – Students

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

Section J – Students

JJIF - Management of Concussions and Other Head Injuries

JJIF - MANAGEMENT OF CONCUSSION AND OTHER HEAD INJURIES

The Board recognizes that concussions and other head injuries are serious and could result in significant brain damage and/or death if not recognized and managed properly. The Board further acknowledges that a student may suffer a concussion during any activity during the school day or outside of school. The Board adopts this policy to promote the safety of all students, regardless of where or when the head injury occurred, in MSAD 35 schools, PreK-grade 12.

DEFINITIONS

The following definitions shall apply for the purpose of this policy.

Concussion:  A concussion is a traumatic brain injury caused by a bump, blow, or jolt to the head that can change the way the brain normally works. Concussions can occur from a fall or a blow to the head or body that causes the head and brain to quickly move back and forth.

Concussion Management Team:  A Concussion Management Team (CMT), appointed by the superintendent or head of school, may include, but is not limited to the following:  school administrator, school nurse, athletic administrator, school counselor, and school physician. The Team shall oversee the implementation, graduated school reentry protocols, and make recommendations related to implementation and review of this policy. This team may be combined with another existing student support team within the school or school administrative unit.

Graduated school reentry:  Graduated school reentry is a gradual and coordinated return to school activities following a concussion. It is an individualized, flexible plan developed by the Concussion Management Team or designee with input from the student, parents, and medical provider.

Medical clearance:  Medical clearance includes a written statement from a health care provider licensed to diagnose a concussion, who is trained in the treatment and management of concussions, which allows a student to start the school’s graduated school reentry plan and/or graduated return to play protocol.

School:  School means any public school and any private school enrolling more than 60% of its students at public expense in the State of Maine.

School personnel:  School personnel include any persons working within and on behalf of the school in a supervisory role to students during school sponsored activities including volunteers in a student supervisory role, such as athletic coaches.

TRAINING

Prior to the beginning of each sports season, athletics-related school personnel (including volunteers) identified by the school unit’s Concussion Management Team must be made aware of this policy and protocols related to the management of concussive injuries and must participate in concussion awareness training that includes recognizing signs and symptoms that may suggest a concussive or other head injury and include instruction in the use of graduated school reentry protocols. This training must be consistent with protocols as identified or developed by the Maine Department of Education (DOE).

Prior to the beginning of each school year, non-athletics related school personnel (for example, physical education teachers, school nurses, personnel with recess duty) identified by the school unit’s CMT, must be made aware of this school policy and protocols related to the management of concussive injuries and must participate in concussion awareness training that includes recognizing signs and symptoms that may suggest a concussive or other head injury. This training must be consistent with protocols as identified or developed by the Maine Department of Education (DOE).

STUDENT AND PARENTS/GUARDIANS

Prior to participating in any school athletic activity, all students will be provided information including:

The student and his/her parent(s)/guardian(s) must sign a statement acknowledging that they received and read this information before the student is allowed to participate in any school athletic activity.

MANAGEMENT OF CONCUSSIVE AND OTHER HEAD INJURIES

It is the responsibility of all school personnel trained in the signs, symptoms and behaviors related to concussion or other head injury, to act in accordance with this policy when that person recognizes that a student may be exhibiting such signs, symptoms and/or behaviors.

MEDICAL CLEARANCE

Once a referral to a health care provider has been made by the school nurse, athletic trainer, or other health services personnel, the student must receive written clearance from a health care provider licensed to diagnose a concussion who is trained in the treatment and management of concussions. The medical clearance allows a student to begin the graduated school reentry protocol.

CONCUSSION MANAGEMENT TEAM (CMT)

The Superintendent will appoint a Concussion Management Team including a school administrator to be responsible, under the administrative supervision of the Superintendent, to make recommendations related to implementation and review of this policy. The Concussion Management Team will include the school nurse and athletic administrator and may include one or more principals or assistant principals, the school physician and other school personnel or consultants as the Superintendent deems appropriate. The Team shall oversee and implement this policy and related protocols for concussive head injuries based on the currently accepted best practices. The Team, under the direction of the superintendent, shall identify the school personnel who shall be trained in concussion signs and symptoms and the school activities covered by this policy.

DATA

The Board recognizes how serious concussions are and the need for improved understanding of concussions in our schools and their impact on learning and school attendance. The school unit will track the number of concussions, activity associated with the injury, number of school days missed, and other information determined necessary by the Concussion Management Team. The CMT will review this data and make recommendations to the Board as needed.


20-A MRSA§254(17)

Cross Reference:

JJIF-R - Management of Concussions and Other Head Injuries Procedures

 

Policy Adopted: February 27, 2013

Policy Revised: April 10, 2024

Section J – Students

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.  

  1. 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”).

  2. All parents will sign a statement of acknowledgement that they have read and understand the information.  Students engaging in school sponsored interscholastic athletes will not be allowed to participate without a signed statement of acknowledgement.
  3. 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.
  4. 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.
  5. 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.
  6. 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.   
  7. 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

Section J – Students

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."

Teachers are authorized to make and enforce rules for effective classroom management and to foster appropriate student behavior, subject to the direction and approval by the Principal/designee.

School-wide rules shall be developed by the building principal with appropriate input from school staff, students and parents and subject to approval by the Superintendent. Principals shall provide for the suspension or other serious disciplinary action against students in accordance with Board policies, administrative procedures and Maine law.

Students with disabilities shall be disciplined in accordance with applicable federal and state law/regulations.

To reduce disciplinary problems and the potential for violence in the schools, the Superintendent may develop procedures for conflict resolution which may be accomplished through peer mediation, counseling, parent involvement, services of community agencies or other activities suitable to school unit.

 



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

Section J – Students

JKAA - Use of Physical Restraint and Seclusion

JKAA - Use of Physical Restraint and Seclusion

The MSAD #35 School Board has adopted this policy and the accompanying procedures to implement the standards for use of physical restraint and seclusion with students, as required by state law and regulations, and to support a safe school environment. Physical restraint and seclusion, as defined by this policy, may only be used as an emergency intervention when the behavior of a student presents an imminent risk of serious physical injury to the student or others.

State law and MDOE Rule Chapter 33 do not restrict or limit the protections available to school officials under 20-A M.R.S.A. § 4009, but those protections do not relieve school officials from complying with this policy/procedure.

The Superintendent has overall responsibility for implementing this policy and the accompanying procedure, but may delegate specific responsibilities as they deems appropriate. 

1.     Definitions

The following definitions apply to this policy and the accompanying procedure:

A.

1.  Physical restraint: A personal restriction that immobilizes or reduces the ability of a student to move their arms, legs, or head freely.

2.  Physical restraint does not include any of the following:

a.. Physical escort: A temporary, voluntary touching or holding of the hand, wrist, arm, shoulder or back to induce a student to walk to a safe location. 

b.. Physical prompt: A teaching technique that involves voluntary physical contact with the student and that enables the student to learn or model the physical movement necessary for the development of the desired competency.

c.. The use of adaptive devices or mechanical supports to achieve proper body position, balance or alignment to allow greater freedom of movement than would be possible without the use of  such devices or supports.

d.. The use of vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

B.  

1.  Seclusion: The involuntary isolation or confinement of a student alone in a room or clearly defined area from which the student does not feel free to go or is physically denied exit.

2.  Seclusion does not include:

        1. A timeout, An intervention where a student requests, or complies with an adult request for, a break.  

2.     Procedures for Implementing Physical Restraint and Seclusion

The requirements for implementing physical restraint and seclusion, as well as incident notices, documentation and reporting are included in the accompanying procedure, JKAA-R.

3.     Annual Notice of Policy/Procedure 

MSAD #35 shall provide annual notice to parents/legal guardians of this policy/procedure by means determined by the Superintendent/designee. For parents/legal guardians, the notice will be provided in the student handbooks.  

4.     Training Requirements

A.    All school staff and contracted providers shall receive an annual overview of this policy/procedure. 

B.    MSAD #35 will ensure that there are a sufficient number of administrators/designees, special education and other staff who maintain certification in a restraint and seclusion training program approved by the Maine Department of Education. A list of certified staff shall be updated annually and maintained in the Superintendent’s Office, in each school office and in the school unit’s Comprehensive Emergency Management Plan. 

5.     Parent/Legal Guardian Complaint Procedure

A parent/legal guardian who has a complaint concerning the implementation of this policy/procedure must submit it in writing to the Director of Special Services, Scott Reuning, as soon as possible. The Director of Special Services, Scott Reuning, shall investigate the complaint and provide written findings to the parent/legal guardian within twenty (20) business days of receiving the complaint, if practicable. 

A parent/legal guardian who is dissatisfied with the result of the local complaint process may file a complaint with the Maine Department of Education. The Department of Education will review the results of the local complaint process and may initiate its own investigation at its sole discretion. The Department shall issue a written report with specific findings to the parent/legal guardian and the school unit within 60 calendar days of receiving the complaint. 



Me. DOE Reg., ch. 33

 

Cross References: JKAA-R – Procedures on Physical Restraint and Seclusion

JK – Student Discipline

KLG/KLG-R – Relations with Law Enforcement OR

KLGA/KLGA-R – Relations with School Resource Officers

EBCA – Comprehensive Emergency Management Plan

 

Policy Adopted: March 16, 2016

Policy Revised: October 20, 2021

Section J – Students

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

Section J – Students

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

Section J – Students

JKE - Expulsion of Students

JKE - Expulsion of Students

No student shall be expelled from school except by action of the Board.  Following a proper investigation, the Board shall expel the student, if found necessary for the peace and usefulness of the school, as provided in 20-A MRSA § 1001(9) and (9A). 

The Board also has the authority to readmit an expelled student on satisfactory evidence that the behavior which was the cause of the student being expelled will not likely recur.

Notice of Expulsion Hearing

Before an expulsion hearing, the Superintendent shall:

1. The date, time and location of the hearing;

2.  A description of the incident(s) that occasioned the expulsion hearing; 

3.  Their right to review the school records prior to the hearing;

4.   A description of the hearing process, including the student’s right to present and cross-examine witnesses and his/her right to an attorney or other representation; and

5.  An explanation of the consequences of an expulsion.

B. Invite the parents/legal guardians and the student to a meeting prior to the expulsion hearing to discuss the hearing.

Expulsion Hearing

The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.

Nothing in this policy shall prevent the Board from providing educational services in an alternative setting to a student who has been expelled.

 


Legal Reference: 20-A MRSA § 1001(8-A), (9), (9A-9D)

1 MRSA § 405(6)(B)                                                                                              

Cross Reference: JKE-R - Expulsion of Students—Guidelines

JICIA– Weapons, Violence and School Safety

JK - Student Discipline

JKD - Suspension of Students

JKF – Disciplinary Removal of Students with Disabilities

 

Adopted: October 16, 1974

Revised: May 7, 1980, May 17, 1995, April 3, 2002, November 20, 2002, October 19, 2016

Section J – Students

JKE-R - Expulsion Guidelines

JKE-R - Expulsion Guidelines 

I.      EXPULSION HEARING AND RE-ENTRY GUIDELINES

The following steps constitute general guidelines for the conduct of an expulsion hearing. The guidelines may be adjusted to meet the flexible requirements of due process on a case-by-case basis, consistent with applicable laws.

A.  Procedures for Conduct of Board Hearing to Expel

1.  Any discussion, consideration or hearing by the School Board of suspension or expulsion of a student shall be in executive session.

2.  The Board shall be in a public meeting and vote to enter executive session. Executive session requires a 3/5 affirmative vote of the members present and voting, and the vote must be recorded. 

3.  The parents/legal guardians, the student and legal counsel or other representative (if any) must be present for the hearing, except that the hearing may go forward if the parents/guardians and student have been provided prior written notice and failed to appear for the hearing.

B.  Executive Session

1. General Rules of Conduct

A.  The hearing officer (Board Chair/designee or Board attorney) will conduct the hearing.

B.   Witnesses shall be sequestered in response to a request by either party.

C.  The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.”

D.  The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”

E.  The Board and student (at his/her own expense) may be represented by legal counsel through each stage of the process.

II.    PROCEDURES

A.  The hearing officer will state for the record:

·      Date of this hearing;

·      Place of hearing;

·      Time of hearing;

·      Name of student;

·      Those in attendance for the administration;

·      Those in attendance for the student; and

·      Those in attendance for the School Board. 

B.  The hearing officer will request from the Superintendent a copy of the hearing notice, read the hearing notice to the Board and include the notice in the record. If no person appears at the hearing on behalf of the parents/legal guardians or student, the hearing officer will request that the Superintendent confirm that the parents/guardians and student were provided notice of the hearing.

C. The Superintendent/designee, hereafter called “the administration,” will make an opening statement that includes an overview of the evidence, his/her recommendation, the reason(s) for the recommendation, and the legal basis for the recommended expulsion.

D.  The hearing officer will inform the student and parents/legal guardians of their rights: 

·      To hear the evidence;

·      To cross examine witnesses; and

·      To present witnesses and offer other relevant evidence.

E. The hearing officer will ask if any member of the Board finds him/herself in a possible conflict of interest situation because he/she knows the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that he/she could not impartially hear the facts and decide the issue on its merits.

F. All witnesses shall be sworn in by the hearing officer. Each witness raises his/her right hand and is asked, “Do you solemnly affirm to tell the truth, the whole truth and nothing but the truth?”

G. The administration calls its witnesses.

H. After each witness has answered all questions put by the administration, then the student/designee (hereinafter, the student) may cross-examine. This should be limited to questions and not arguments with the witness.

I. The administration may ask rebuttal questions after the student finishes questioning. 

J. Members of the Board may ask questions at the conclusion of the rebuttal.

K. The student may then call his/her own witnesses to testify, and the student may testify. All witnesses will be sworn.  The administration may cross-examine witnesses. The student may ask rebuttal questions. After the rebuttal questions, the Board may ask questions.

L. When all the student’s witnesses have completed testimony (including the student), the administration may call additional rebuttal witnesses who may be cross-examined.

M. At the end of the testimony, the administration shall make a statement, which should include its recommendations. The same may then be done by/for the student.

N. The Board should then deliberate in executive session. The Superintendent, Board attorney, administration, the student charged, his/her parents/legal guardians, and the student’s legal counsel may remain for deliberations. If the student and representatives elect not to be present during deliberations, the administration will also be excluded from deliberations, except that the Superintendent may remain to provide guidance to the Board if he/she was not directly involved in the investigation/presentation of evidence.

O. The Board shall discuss whether the charges are more likely than not supported by the evidence presented. The Board may discuss and/or draft proposed finding of fact(s) concerning the charges prior to leaving the executive session.

P. If the charges are more likely than not supported, the Board shall discuss whether an expulsion shall be for a specified period of time or for an indefinite period.

Q. The Board shall then leave executive session.

III.   PUBLIC SESSIONS

A. In public session, a member of the Board may make a motion to “expel a student and direct the Superintendent to provide the student and his/her parents/guardians with the Board’s findings of fact(s).”  Following a second, the Board Chair should state the motion and the Board should vote. If no motion is made to expel, the student will return to school at the conclusion of the previously-imposed administrative suspension.

If the student is expelled, a member of the Board shall make a motion as to whether the expulsion shall be for a specified period of time or for an indefinite period. If the expulsion is for an indefinite period, the Board may authorize the Superintendent to develop a re-entry plan for the student as described in Section IV below.

B. The Superintendent is responsible for notifying the parents/legal guardians (and the student) of the Board’s decision. 

IV.   RE-ENTRY PLAN GUIDELINES

       If the Board expels a student for an indefinite period of time and authorizes the Superintendent to develop a re-entry plan, the following steps are required by law.

A. The Superintendent/designee shall develop the re-entry plan in consultation with the student and his/her parents/legal guardians to provide guidance that helps the student understand what he/she must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur.

B. The Superintendent/designee shall send a certified letter or hand-deliver a letter to the parents/legal guardians of the student, giving the date, time and location of a meeting to develop a re-entry plan.

C. If the student and the student’s parents/legal guardians do not attend the meeting, the re-entry plan must be developed by the Superintendent/ designee.        

D. The re-entry plan may require the student to take reasonable measures determined by the Superintendent that will help establish the student’s readiness to return to school.  Professional services determined to be necessary by the Superintendent must be provided at the expense of the student’s parent/legal guardians and/or the student. (See policy JKF for requirements related to students with disabilities.)

E. The re-entry plan must be provided to the parents/legal guardians and the student.

F. The Superintendent shall designate an appropriate school employee to review the student’s progress with the re-entry plan at one month, three months and six months after the initial re-entry plan meeting, and at other times as determined necessary by the designated employee, in consultation with the Superintendent.

 



Cross Reference: JKF – Disciplinary Removals of Students with Disabilities 

Adopted: October 19, 2016

Section J – Students

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

Section J – Students

JKF-R - Disciplinary Removal of Students with Disabilities Administrative Procedure

 JKF-R - Disciplinary Removal of Students with Disabilities Administrative Procedure 

These procedures shall govern disciplinary removals of students with disabilities from their regular school program. These procedures shall be interpreted in a manner consistent with state and federal special education laws and regulations.

A. School administrators may suspend students with disabilities for up to 10 cumulative school days in the school year under the same terms and conditions as students without disabilities are suspended, subject to the limitations set forth below:

    1. In the event that a disabled student’s Individualized Education Plan (IEP) specifically lists a school response other than a suspension that must be followed for a particular type of misconduct, the school administrator shall follow the requirements of the IEP in responding to that misbehavior.
    2. When calculating the 10 cumulative school day total, school administrators shall include school days spent in an in-school suspension or removal, unless during that removal the student continued to have access to the general curriculum, to the special education services in his/her IEP, and also continued to participate with non-disabled students to the extent he/she would have in the student’s regular program.
    3. Portions of a school day that a student has been suspended would be included in determining whether the student has been removed for more than 10 cumulative school days.

B. In the event that a school administrator must remove a disabled student from his/her school program for more than 10 cumulative school days in the school year, the administrator shall ensure that the following steps are followed:

    1. After consulting with the student’s special education teacher, the school administrator shall arrange for the student to receive an appropriate level of educational services during the removal in question so as to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
    2. The administrator shall contact the District’s special education office to arrange for a meeting of the student’s Pupil Evaluation Team (PET), which should meet within 10 business days of commencing the removal in excess of 10 cumulative school days in the school year.
    3. At the PET meeting referenced above, the PET shall undertake all the responsibilities established by state and federal special education laws, including reviewing or ordering as appropriate a functional behavior assessment and a behavior intervention plan. The Team may also undertake a manifestation determination of the behaviors of concern, and must undertake that manifestation determination if the student has been removed with sufficient frequency to constitute a “change of placement” as that term is defined by state and federal law.
    4. Nothing in these procedures shall prevent the PET from undertaking functional behavior assessments, manifestation determinations, or the development of behavior plans at earlier points in time, as determined appropriate by the PET.

C. Should school officials believe that the student should remain out of his/her regular program for a sufficient length of time so as to be a “change of placement” under state and federal law, school officials shall schedule a PET meeting to consider that removal. At that meeting, the following things must occur:

    1. The Team shall review or order, as appropriate, a functional behavior assessment and shall review or order, as appropriate, a behavior intervention plan for the student. The Team shall also undertake a manifestation determination of the behaviors prompting the need for the extended removal time.
    2. If the PET chooses to remove the student from his/her regular program for a period of time that would be a change of placement, the Team shall decide upon the appropriate services for the student to receive during that removal. Those services must be calculated to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
    3. When such a removal is ordered by the PET, the family shall receive the special education statement of procedural rights as part of that decision. If possible, the chair of the PET meeting should also attempt to inform the student’s parent/guardian at the meeting that if he/she does not believe the service package ordered by the PET is appropriate, then the parent/guardian may request a due process hearing challenging the appropriateness of those services.

D. For the purpose of these procedures, a “change of placement” shall be any removal from the student’s regular school program that is for more than 10 consecutive school days in a school year, or any series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year and are considered a change of placement because of factors such as the length of each removal, the total amount of time the student is removed and the proximity of the removals to one another.

E. In any situation where the PET determines that misconduct is not a manifestation of the student’s disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner as they would be applied to students without disabilities, up to and including possible expulsion of the student in question.  During any permissible disciplinary removal in excess of 10 cumulative school days in the school year, including expulsions, the school shall provide that student with services sufficient to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.  The PET shall determine the services that meet that standard for removals sufficiently long as to constitute a change of placement.

F. Following any disciplinary removal in excess of 10 cumulative school days in the school year, the PET should meet to review the student’s most recent functional behavior assessment, or if one has not been done, to order that such an assessment occur, as appropriate. Following the completion and/or review of the functional behavior assessment, the Team shall develop and/or review, as necessary, the behavior intervention plan and order changes in such a plan, if appropriate, to address the behaviors of concern.

G. In those circumstances where a student brings a weapon to school, to a school function, or on school transportation, or where a student possesses, uses, sells or attempts to sell illegal drugs at school, a school function, or on school transportation, school officials may place that student out of school for up to 45 days, shall provide educational services for the student, and shall schedule a PET meeting to occur within 10 business days of the removal. At that PET meeting, the Team shall undertake all necessary actions discussed in these procedures for responding to removals that constitute a change of placement for the student. Determinations regarding what should happen with the student after the 45-day removal shall also be made by the PET, consistent with these procedures and state and federal law




Legal Reference: 34 CFR § 300.121; .519-.529 (March 1999, as amended)

Me. Spec. Ed. Reg. ch. 101 § 14 (Nov. 1999, as amended)

 

Policy Adopted: December 1, 2004

Section J – Students

JL - Student Wellness

JL - Student Wellness

The Board recognizes that student wellness and good nutrition are related to students’ physical and psychological well-being and their readiness to learn. The Board is committed to providing a school environment that supports student wellness, healthy food choices, nutrition education, and regular physical activity. The Board believes that students who learn and practice healthy lifestyles in their formative years may be more likely to be conscious of the importance of good nutrition and exercise as adults, practice healthy habits, and reduce their risk of obesity, diabetes and other chronic diseases.

Mental, Social and Emotional Health

MSAD 35 believes in the education and caring of the total child. This educational philosophy includes fostering, developing and caring for the social, emotional and mental wellness of our students. MSAD 35 will take the time to develop a systematic approach to partnering with families to support the development of healthy, well-rounded learners.  

Nutrition Standards

The school unit will ensure that meals provided by its Food Services Program meet the nutrition standards established by the National School Lunch Program, the School Breakfast Program, and other applicable Federal child nutrition programs. 

Other foods and beverages sold or available for sale to students during the school day (“competitive foods”) will meet the federal Smart Snacks guidelines.

Water 

To promote hydration, free, safe, unflavored drinking water will be available to students throughout the school day, including mealtimes, at every school.

Nutrition Education

Nutrition education will be integrated into the instructional program through the health education program and/or the curriculum as aligned with the content standards of Maine’s system of Learning Results. Nutrition education should focus on skills students need to adopt and maintain healthy eating behaviors. Students should receive consistent nutrition messages throughout the schools, including classrooms, cafeteria, and school-home communications.

Nutrition Promotion

Schools will support healthful eating by students and encourage parents/guardians to provide healthy meals for their children by providing consistent nutrition messages and information and by cooperation with other agencies and organizations.

Staff Qualifications and Professional Development 

All school nutrition program directors, managers and staff will meet or exceed hiring and annual continuing education/training requirements in the USDA standards for school nutrition professionals.

Foods and Beverages for Celebrations and Rewards

The Board delegates to the Superintendent/designees the responsibility for guidelines for “healthy celebrations,” with the intent that refreshments served at parties or celebrations during the school day, whether supplied by parents or staff, meet the “Smart Snacks” standards.

Foods used as rewards in the instructional program must meet “Smart Snacks” standards.

Physical Activity

The school unit will strive to provide all students developmentally appropriate opportunities for physical activity through physical education classes, recess periods for elementary school students, and extracurricular activities (clubs, intramural and interscholastic athletics). School programs are intended to build and maintain physical fitness and to promote healthy lifestyles. The schools should encourage parents to support their children’s participation in physical activities, including available before- and after-school programs.

Other School-Based Activities

The schools, with prior approval of the Superintendent/designee, may implement other appropriate programs that support consistent wellness messages and promote healthy eating and physical activity.

The school unit may develop programs that encourage staff to learn and engage in healthy lifestyle practices.

Leadership

The Superintendent/designee shall be responsible for the oversight of development and implementation of the wellness policy in the schools. This includes ensuring that the school unit evaluates its schools’ compliance with the wellness policy and progress in attaining wellness goals and making required information available to the public. 

The evaluation process must include a comparison of the wellness plan with model local wellness policies, and it may include surveys or solicitation of input from students, parents, staff, and school administrators, including suggestions for improvement in specific areas.

Annual Notification of Policy

The school unit will annually inform families and the public of basic information about the wellness policy, including its content, any updates, and implementation status. This information will be made available on the school unit’s website. It will include the contact information for the person coordinating the wellness committee as well as information about opportunities for the public to get involved with the wellness committee.

Triennial Progress Assessments

Every three years, the Director of School Nutrition will:

Assess extent to which the school unit’s schools are in compliance with the wellness policy;

Assess the extent to which the school unit’s wellness policy compares to model wellness policies; and

Provide a description of the progress made in attaining the goals of the school unit’s wellness policy.

The school unit’s wellness committee will update the wellness policy based on the results of the triennial assessment and/or as:

The school unit’s priorities change;

Community needs change;

Wellness goals are met; 

New evidence-based health science emerges; or

New or updated Federal or State regulations are issued. 

 Parent Communications

The school unit will inform parents of improvements that have been made to school meal standards; availability of child nutrition programs and how to apply; the school unit’s meal charging policy; and a list of healthy celebration party ideas (including a list of foods and beverages that meet the Smart Snacks standards). 

Food and Beverage Advertising in Schools and On School Grounds 

Brand-specific advertising of food or beverages is prohibited in school buildings and on school grounds except for those meeting the standards for sale or distribution on school grounds in accordance with 20-A MRSA § 6662(2), i.e., those that meet Smart Snacks standards).

The Board regards the following as “advertising” for the purpose of this policy: 

Brand names, logos or tags, except those that are present as labels on the food or beverage product or its container;

Displays, such as vending machine exteriors;

Corporate brands logos, names or trademarks on school equipment such as message boards or scoreboards;

Corporate brands, logos, names or trademarks on cups used for beverage dispensing, menu boards, coolers, trash cans and other food service equipment;

Corporate brands, logos, names or trademarks on posters, book covers, or school supplies distributed or offered by the school unit;

Advertisements in school and school unit publications or mailings; 

Product coupons or free samples.

“Advertising” does not include advertising on broadcast media or in print media such as newspapers and magazines, clothing with brand images worn on school grounds or advertising on product packaging. 

Corporate brand names, logos and trademarks for companies that market products that comply with the USDA Smart Snacks in School nutrition standards will not be prohibited solely because they offer some noncompliant food or beverage items in their product line.

Appointment and Role of the Wellness Committee

The Board shall appoint a district-wide Wellness Committee comprised of at least one of each of the following:

A.    Board member;

B.    School administrator;

C.    Food Services Director/designee;

D.    Student representative; 

E.    Parent representative; and/or

F.     Community representative.

The Wellness Committee may also include: 

A.    School nurse and/or other school health professional;

B.    Physical education teacher;

C.    Guidance counselor;

D.    Social worker;

E.    Community organization or agency representative;

F.     Other staff, as designated by the Board; and/or

G.    Other persons, as designated by the Board.

The Wellness Committee shall serve as an advisory committee in regard to student wellness issues and will be responsible for making recommendations related to the wellness policy, wellness goals, administrative or school regulations and practices, or raising awareness of student health issues. 

With the prior approval of the Superintendent/designee, the Wellness Committee may survey parents, students and the community and/or conduct focus groups or community forums.

The Wellness Committee shall provide periodic reports to the Superintendent/ designee and, as requested, to the Board. 

Wellness Goals 

The Board has identified the following goals associated with student wellness:

Goals for Nutrition Education

The schools will provide nutrition education that focuses on the skills students need to adopt and maintain healthy eating behaviors. 

The schools’ nutrition education will be provided in a sequential, comprehensive health education program aligned with the content standards of the Maine system of Learning Results.

Nutrition education will be integrated into other subjects as appropriate to complement, not replace, the health education program.

The school unit will provide foods that meet or exceed the federal nutrition standards, adequate time for students to obtain food and eat, lunch scheduled at appropriate hours of the day (OR: as close to the middle of the school day as possible), adequate space to eat, and a clean and safe meal environment.  

Appropriate professional development will be provided for food services staff.

Goals for Nutrition Promotion

School unit staff will cooperate with agencies and community organizations to provide opportunities for nutrition-related student projects and learning experiences.

Consistent nutrition messages will be disseminated throughout the school unit in the classroom, the cafeteria, and school-home communications.

Administrators and staff will be encouraged to model nutritious food choices and eating habits.

Schools will encourage parents/guardians to provide healthy meals and snacks for their children though take-home materials or other means.

Students will have access to clean and safe drinking water throughout the school day and during school activities.

Schools will promote consumption of water as an essential element in maintaining overall health and wellness.

Goals for Physical Activity

The physical education program will provide students with the knowledge and skills needed to be physically fit and take part in healthful physical activity on a regular basis.

Students will develop motor skills and apply them to enhance their coordination and physical performance. 

Students will demonstrate responsible personal and social behaviors in physical activity settings.

The physical education curriculum will be aligned with the content standards of the Maine system of Learning Results.

Physical education classes will keep all students involved in purposeful activity for a majority of the class period.      

Physical education classes will provide opportunity to learn for students of all abilities.

The schools will provide a physical and social environment that encourages safe and enjoyable physical activity and fosters the development of a positive attitude toward health and fitness.

The schools will provide facilities adequate to implement the physical education curriculum for the number of students served.

Schools will promote efforts to provide opportunities for students to engage in age-appropriate activities on most days of the week in both school and community settings.

The schools will provide opportunities for physical activity through a variety of before - and/or after-school programs including, but not limited to, intramural sports, interscholastic athletics and physical activity clubs. 

Appropriate professional development will be provided for physical education staff and other staff involved in the delivery of such programs.

Goals for Other School-Based Activities

Goals of the wellness policy will be considered when planning school or classroom parties, celebrations or events.

Parents will be encouraged to provide nutritionally sound snacks from home and food for classroom parties or events.

Schools will encourage maximum participation in school meal programs.

Schools will encourage parents and students to take advantage of developmentally appropriate community-based after-school programs that emphasize physical activity.

The schools will encourage parents to support their children’s participation in physical activity, to be physically active role models, and to include physical activity in family events.

As feasible, school physical activity facilities will be made available after school hours for student, parent and community use to encourage participation in physical activity.

School administrators, staff, parents, students and community members will be encouraged to serve as role models in practicing healthy eating and being physically active, both in the school environment and at home. 

Student organizations will be encouraged to engage in fundraising projects that are supportive of healthy eating and student wellness.

School-based marketing of foods and beverages, such as through advertisements in school publications, school buildings, athletic fields, and other areas accessible to students should support the goals of the wellness policy.                                      

The schools are encouraged to cooperate with agencies and community organizations to support programs that contribute to good nutrition and physical activity.

 



Legal Reference: 42 U.S.C. § 1751 (Healthy, Hunger-Free Kids Act)

7 CFR Parts 210 and 220

20-A MRSA § 6662

 

Cross Reference: KHB - Advertising in Schools

EFE - Competitive Food Sales/Sales of Foods in Competition with the School Food Service Program        

 

Policy Adopted: August 16, 2006

Policy Reviewed: June 20, 2018

Policy Revised: February 12, 2020


Section J – Students

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






Section J – Students

JLA-E1 - Student Accident and Athletic Insurance Form

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Section J – Students

JLCB - Immunization of Students

JLCB - Immunization of Students

All children enrolled in MSAD #35 are required by Maine law to have the immunization requirements listed in JLCB-R. 

A student who is enrolled in a distance education program offered by a school and who does not physically attend any classes or programs at a school facility, including a campus, center or site of that school, or other facility of another school, are exempt from these requirements. 

Non-immunized students shall not be permitted to enroll in school, or to attend school or school activities, unless one of the following conditions is met: 

A. The parents/guardians provide to the school written assurance that the child will be immunized within 90 days of enrolling in school or their first attendance in classes, whichever date is earlier. This option is available only once to each student during their school career; or

B. The parents/guardians provide a written statement from a licensed physician, nurse practitioner or physician assistant each year that, in that individual’s professional judgment, immunization against one or more diseases may be medically inadvisable;

C. A student covered by an Individualized Education Plan (IEP) on September 1, 2021, who had an exemption based on their sincere religious belief or for philosophical reasons on or prior to September 1, 2021 pursuant to the law in effect prior to that date may continue to attend school under that student’s existing exemption as long as:

1.     The parents/guardians of the student provide a statement from a licensed physician, nurse practitioner or physician assistant that they have consulted with the parents/guardians and has made the parents/guardians aware of the risks and benefits associated with immunization; or

2.     If the student is 18 years of age or older, the student provides a statement from a licensed physician, nurse practitioner or physician assistant that they have consulted with that student and has made that student aware of the risks and benefits associated with immunization. 

Exclusion of Students from School

The Superintendent shall exclude from school and any non-immunized student when a public health official has reason to believe that the student’s continued presence in school presents a clear danger to the health of others. Any such student shall be excluded during the period of danger (as defined by health officials) or until the student receives the necessary immunization.

The Superintendent may also exclude from school: 1) a student who presents a public health threat in accordance with applicable laws or 2) a student who has been exposed to a communicable disease, upon the direction of a physician who has consulted with the Bureau of Health.

Arrangements shall be made for students who are excluded from school to receive and complete school assignments if possible, and to make up missed examinations and other work within a reasonable time upon their return to school.

The Superintendent/designee is directed to develop such administrative procedures as are necessary to carry out this policy and comply with statutory requirements.

 

 

Legal Reference: 20-A MRSA §§ 6301; 6352-6359

Chapter 126 (Me. Dept. of Ed. Rules)

 

Cross Reference: JLCB-R – Immunization of Students Procedure

JLCC – Communicable/Infectious Diseases

JFAA, JFAA-R1/R2 - Admission of Resident Students and Procedures

JFAB – Admission of Non Resident Private Tuition Students

JFABD and JFABD Exhibit A – Admission of Homeless Students and Notice

JGAA – Assignment of Students to Classes-Five Year Olds

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

JRA – Student Educational Records

 

Policy Adopted: May 7, 2003

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

Section J – Students

JLCB-E1 - Request for Medical Exemption form Mandatory Immunization

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Printable PDF linked below!

--------> Medical_Exemption_form_Mandatory Immunization_JLCB-E1.pdf


Section J – Students

JLCB-E2 - Immunization Signature Form for Enrollment

JLCB-E2 - Immunization Signature Form for Enrollment 

I. My child is fully immunized and proof has been submitted with this form.

PARENT/GUARDIAN ________________________   DATE _____

RN SIGNATURE: ____________________________   DATE _____


II. I understand that within 90 days of enrollment, my child needs to show proof of immunization against the diseases listed above. Students transferring from one school system to another within Maine, have 21 days to demonstrate proof of immunity.

PARENT/GUARDIAN ___________________________ DATE ______

RN SIGNATURE: ______________________________ DATE _____


III. I have received a copy of the MSAD 35 Vaccination Catch Up Plan

PARENT/GUARDIAN _________________________________ DATE ______

RN SIGNATURE: ___________________________________ DATE ______


IV. I have received a copy of the ME AAP Medical Exemption Form

PARENT/GUARDIAN _______________________________ DATE ______

RN SIGNATURE: _________________________________ DATE _____


V. My child had both an IEP and religious or philosophical exemptions in place prior to Sept 2021 and I have received a copy of the Immunization Exemption Form

PARENT/GUARDIAN __________________________ DATE ______

RN SIGNATURE: _____________________________ DATE _____


Cross Reference: JLCB and JLCB-R

Policy Adopted: March 16, 2022

Section J – Students

JLCB-E3 - MSAD 35 Vaccination Catch Up Plan

JLCB-E3 - MSAD 35 Vaccination Catch Up Plan  

Vaccine

Date

Date

Date

Date

Date

Dtap

 

 

 

 

 

Polio

 

 

 

 

 

MMR

 

 

 

 

 

Varicella

 

 

 

 

 

Tdap

 

 

 

 

 

Meningococcal

 

 

 

 

 

This student is following the above schedule to get caught up on Maine Immunization requirements for school attendance. Please consult with your PCP, have this document signed by him or her and return a copy of it to your school nurse. Please have it updated at each visit and send documentation of immunization to your child’s school nurse.

Student: ____________________________________

Parent: _____________________________________

Health Care Provider (MD, DO, NP or PA):

Print: _____________________________

Signed: ___________________________

 

Cross Reference: JLCB and JLCB-R

Policy Adopted: March 16, 2022

Section J – Students

JLCB-E4 - Immunization Exemption Form IEP

JLCB-E4 - Immunization Exemption Form IEP

Student Name: _______________________________ Date of Birth: ____________________

In accordance with MRS 20-A §6355, a student covered by an Individualized Education Plan on September 1, 2021 who  elected a philosophical or religious exemption from immunization requirements on or before September 1, 2021 pursuant  to the law in effect prior to that date may continue to attend school under that student's existing exemption as long as: 

A. The parent or guardian of the student provides a statement from a licensed physician, nurse practitioner or physician  assistant that the physician, nurse practitioner or physician assistant has consulted with that parent or guardian and has  made that parent or guardian aware of the risks and benefits associated with the choice to immunize; or 

B. If the student is 18 years of age or older, the student provides a statement from a licensed physician, nurse practitioner or physician assistant that the physician, nurse practitioner or physician assistant has consulted with that student and has  made that student aware of the risks and benefits associated with the choice to immunize.

I/we have elected to have a philosophical or religious exemption from immunization requirements for this person prior to  Sept 1, 2021 and are continuing to do so as this person has an individualized education program (IEP) in place.

This exemption is for the following immunizations:

o All required immunizations, please reference JLCB-R Maine School Immunization Requirements.

o The following specific immunizations: 

o Diphtheria, Tetanus, Pertussis

o Polio

o Measles/Mumps/Rubella

o Varicella

o Meningococcal disease

I understand that I must provide a statement from a healthcare provider as listed above to accompany this form and must  do this annually. The Special Education Director of this person’s school district will certify that an IEP is currently in  place on or before September 1, 2021.

I understand that in the case of an outbreak of a specific disease, for which my child is not protected, my child may be kept out of school and school activities as advised by the Maine Centers for Disease Control and Prevention. The length of time my child will be kept out may vary depending on the disease and the length of the outbreak. I also understand that if my child is kept out of school, the school is not required to provide off-site classes or tutoring. The child’s educational needs may be met by making arrangements for the delivery of school assignments, correction of papers, and similar activities which can be accomplished at home. Any child who is unable to take examinations during this period shall be afforded the opportunity to make up the examinations, similar to arrangements made for children who have other excused absences.

__________________________________________________________________________________________________

Printed Name and Signature                                   Relationship to student                            Date

---------------FOR SCHOOL USE ONLY--------------- 

⧠ Statement from healthcare provider received. 

⧠ I, _____________________________, a school administrative unit representative for Special Education, certify that an IEP is in place for the student listed above on or before September 1, 2021 which makes them eligible to maintain the philosophical or religious exemption for immunization requirements.

_____________________________________________

Signature Date


Maine Department of Education Template Updated 3/2021

 

Cross Reference: JLCB and JLCB-R

Policy Adopted: March 16, 2022

Section J – Students

JLCB-R - Maine School Immunization Requirements

JLCB-R - Maine School Immunization Requirements

All children enrolled in MSAD #35 are required by Maine law to have the following immunizations.

Required for Kindergarten entry:

• 5 DTaP (4 DTaP if 4th is given on or after 4th birthday)

 

• 4 Polio (3 Polio if the 3rd is given on or after the 4th birthday)

 

• 2 MMR (measles, mumps, rubella)

 

• 2 Varicella (chickenpox)

Required for PreK entry:

• 4 DTaP

 

• 3 Polio

 

• 1 MMR

 

• 1 Varicella (chickenpox)


Required for 7th grade entry:

• All previously required vaccines

 

• 1 Tdap


• 1 Meningococcal Conjugate Vaccine (MCV4)

Required for 12th grade entry:

• All previously required vaccines

 

• 2 MCV4 (only one dose is required if the 1st dose is given on or after 16th birthday)

OR

● Medical exemption for one or all vaccines

● Laboratory evidence of immunity to specific diseases or reliable history of disease documented by a physician or other primary care provider

● Philosophical or religious exemptions are only allowable for students with an IEP and exemption in place prior to September 1, 2021

Each immunization entry must include the vaccine type, date administered and the name of the provider. As of September 1, 2021 only medical exemptions are allowable except as described in Title 20-A §6355

For more information:

Maine Department of Education

Office of School and Student Supports

Email: DOESchoolandStudentSupports@maine.gov  

https://www.maine.gov/doe/schools/safeschools/healthed/nurseresources/manual/immunization 

Maine Department of Education - Updated 9/25/2021

 

Cross references: JLCB Immunization of Students

Policy Revised: March 16, 2022

Section J – Students

JLCC - Communicable/Infectious Diseases

JLCC - Communicable/Infectious Diseases

Teachers shall be alert to signs of illness and communicable disease and refer students who show such symptoms to the school nurse.

The Superintendent/school nurse shall be responsible for notifying Maine Center for Disease Control and Prevention (CDC) of any student suspected of having a communicable disease, the occurrence of which is required to be reported pursuant to law and/or Department of Health and Human Services (DHHS) rules. The building principal shall be notified of all communicable disease cases and contacts in the school.

Any student for whom the CDC has prescribed isolation or quarantine shall be excluded from school and school activities.

Students who have communicable diseases shall be excluded from school as prescribed by law, or shall observe other protective procedures according to recommendations issued by the school physician.

When a student returns to school after having had a communicable disease, a certificate from the attending physician is required. The building principal and/or the school nurse must give permission before the student is readmitted to class.


 

Legal Reference: 5 MRSA § 19201 et seq.

20-A MRSA §§ 1001(11)(A), 6301

22 MRSA §§ 801, 802, 806, 823, 824

Maine Dept. of Health and Human Services Rule Ch. 258 (2015)

 

Policy Adopted: March 5, 2014

Policy Reviewed: February 16, 2022

Policy Revised: February 16, 2022             

Section J – Students

JLCCA - Students with HIV/AIDS

JLCCA - Students with HIV/AIDS

The purpose of this policy is to establish the actions to be taken in the event that this school unit is made aware that a student being enrolled or attending school is infected with Human Immunodeficiency Virus (HIV).

This policy has been adopted to assure that the rights and safety of all involved parties are preserved.

A. In general, the Board shall provide educational opportunities for students infected with HIV just as it does for other students.

B. In the event that a public health threat is perceived by the student’s private physician, the Maine CDC must be notified and will then conduct an evaluation. If the school is notified of a student infected with HIV by the parents/guardians and becomes concerned about the safety of that student, other students or staff, a similar evaluation may be requested. At any time that there is a concern that a particular student poses a public health threat to others, advice may be requested by the Superintendent from the Maine CDC. The Superintendent may also consult on a strictly confidential basis with the school unit’s attorney.

C. If the Maine CDC determines that conditions exist which suggest that a student with a Human Immunodeficiency Virus infection is a health threat to the school community, the Maine CDC and/or the Superintendent shall remove the student from the usual classroom setting until other arrangements can be made or until the Maine CDC determines that the risks have abated. The health status of a student temporarily removed from the usual school setting in order to protect the health of the student or others will be re-evaluated at least quarterly by the Maine CDC.

D. Maine law protects the confidentiality of HIV test results with certain statutory exceptions. Test results may not be disclosed to anyone other than the Maine CDC without written consent of parents/guardians. Records containing information about HIV test results and consent forms relating to test results shall be kept separate from other school records. Only those persons given written consent by the student’s parents/guardians shall have access.

E. With written consent of the parents/guardians, the school shall designate an individual or team to:

  1. Serve as the liaison between the school and the student’s parents, the student’s physician and, if necessary, the Maine CDC; and/or
  2. Serve as the supervisor of the medical component of the student’s educational experience.

Any team member or individual entrusted with the knowledge of a student infected with HIV must, by law, keep his/her knowledge of that child’s status confidential and access to information shall be limited only to those persons authorized in writing by the student’s parents/guardians.

F. At the parents’/guardians’ written request, a designated team member, usually the school nurse, will to the extent practicable notify the student’s parents/guardians and/or the student’s physician in the event that the designated team member becomes aware that infections occur in the school population that may place an immunodeficient student at increased risk as defined by the student’s physician or Maine CDC. The decision whether or not to remove the student from school will be made by the parents/guardians and the student’s physician.

G. Because of the inability to identify individuals who may be infected with HIV or other agents transmissible through blood and other body fluids, standard procedures shall be followed for cleaning and disinfecting all body fluid spills. The procedures for cleaning bodily fluid spills shall be reviewed annually by all school staff members.

H. The unit will seek to provide educational programs to inform parents/guardians, students and staff regarding AIDS and all other communicable diseases even though there may not be students with infection currently enrolled.

I. In any instance where this policy requires the consent of the parents/guardians of an HIV-infected student, consent must be obtained directly from the student if the student is 18 years of age or older.

 



Cross Reference: GBGAA - Bloodborne Pathogens

JLCC – Communicable/Infectious Diseases


Policy Adopted: December 2, 1987

Policy Revised: September 18, 1996, November 8, 2006 and March 5, 2014

Section J – Students

JLCD - Administration of Medication to Students

JLCD - Administration of Medication to Students

The Board discourages the administration of medication to students during the school day when other options exist, but recognizes that in some instances it may be necessary for a student to have medication administered to him/her while the student is in attendance at school. The school will not deny educational opportunities to students requiring the administration of medication in order to remain in attendance and participate in the educational program.

The intent of this policy is to promote the safe administration of medications to students by school personnel and to provide for authorization of student emergency self-administration of medication from asthma inhalers and epinephrine auto-injectors.

This policy does not apply to medical marijuana, which is addressed in the Board’s policy JLCDA, Medical Marijuana in Schools.

This policy also authorizes the adoption of a “collaborative practice agreement” for the purposes of stocking and administration of epinephrine autoinjectors by the school nurse or designated trained school personnel to any student during school or a school-sponsored activity under emergency circumstances involving anaphylaxis.

This policy also authorizes the adoption of a “collaborative practice agreement” to provide for the possession and administration of naloxone hydrochloride by the school nurse or designated trained school personnel to students, staff, or visitors during school or a school-sponsored activity or otherwise on school grounds in emergency circumstances involving an opioid overdose or apparent opioid overdose.

The Board encourages collaboration between parents/guardians and the schools in matters involving student medication.

The Board disclaims any and all responsibility for the diagnosis, prescription of treatment, and administration of medication for any student, and for any injury arising from a student’s self-administration of medication.

1. DEFINITIONS

“Administration” means the provision of prescribed medication to a student or other persons according to the orders of a health care provider.

“Collaborative practice agreement” means a written and signed agreement between a physician licensed in Maine or a school health advisor, as defined in 20-A MRSA §6402-A, and a school nurse that provides for the prescription of epinephrine auto-injectors by the physician or school health advisor and administration of epinephrine injectors by the school nurse or designated school personnel to students during school or a school-sponsored activity under emergency circumstances involving anaphylaxis or as defined in 20-A MRSA § 6307 that  provides for the prescription of naloxone by the physician or school health advisor  and the administration of naloxone by the school nurse or designated school personnel to students, staff, or visitors during school or a school-sponsored activity or otherwise on school grounds under emergency circumstances involving an opioid overdose or apparent opioid overdose.

“Designated school personnel” are unlicensed school personnel who have completed such training in administration of medication as may be required by Maine statutes or DOE rules and who have been authorized by the school nurse to administer medication. 

“Health care provider” means a medical/health practitioner who has a current license in the State of Maine with a scope of practice that includes prescribing medication.

“Indirect supervision” means the supervision of an unlicensed school staff member when the school nurse or other health care provider is not physically available on site but immediately available by telephone.

“Medication” means prescribed drugs and medical devices that are controlled by the U.S. Food and Drug Administration and are ordered by a health care provider. It includes over-the-counter medications prescribed through a standing order by the school physician or prescribed by the student’s health care provider.  For the purpose of this policy, “medication” includes epinephrine and naloxone hydrochloride, but does not include medical marijuana.

“Parent” means a natural or adoptive parent, a guardian, or a person acting as a parent of a child with legal responsibility for the child’s welfare.

“School nurse” means a registered professional nurse with Maine Department of Education certification for school nursing.

“Self-administration” is when the student administers medication independently to him/herself under indirect supervision of the school nurse.

“Unlicensed school personnel” are persons who do not have a professional license that allows them, within the scope of that license, to administer medication.

2. ADMINISTRATION OF MEDICATION BY SCHOOL PERSONNEL

A. Parental Request

In the event that no reasonable alternative exists, the parent/guardian may request in writing that medication be administered to the student during the school day.  The written request must include an acknowledgement and agreement that unlicensed personnel may administer the medication as per the health care provider’s instructions.  In addition, the request shall indicate that information regarding the student’s medication may be shared with appropriate school personnel.  Parents may provide the reason (diagnosis) requiring the administration of medication.

Requests shall be valid for the current school year only.

B. Requests to Administer Medications Pursuant to Health Provider Order

The following procedure must be followed for any prescription or over the counter medication to be administered to a student pursuant to a health care provider’s order. Such an order must be obtained from a medical/health practitioner who has a current Maine license with a scope that includes administering medication. This section does not apply to the administration of medical marijuana; please see policy JLCDA for specific requirements.

1. The parent/legal guardian shall obtain a copy of the M.S.A.D. #35 Request/Permission to Administer Medication in School Form and Board Policy JLCD from the school nurse.

2. The parent/legal guardian and the student’s health care provider shall complete and sign the Administration of Medication to Students Authorization Form – JLCD-E2

3. The parent/legal guardian shall return the Request/Permission Form to the school nurse along with the medication:

a. In the original container (and in the case of prescription medications, appropriately labeled by the health care provider or pharmacy)

b. Including no more than the amount of medication necessary to comply with the health provider’s order.

4. The school nurse shall review the Request/Permission form for completeness and clarity. If the nurse has any questions or concerns about the form, he/she will contact the parent/legal guardian and/or health care provider, as appropriate, for more information.

5. If there is a later change in the medical order (such as change in dose, frequency or type of medication), a new Request/Permission form must be completed.

6. Medication orders must be renewed at least annually.

7. Medication no longer required (or remaining at the end of the school year) must be removed by the parent/legal guardian. Medication not removed by the parent/legal guardian in a timely manner shall be disposed of by the school unit.

8. The Board disclaims any and all responsibility for the diagnosis, prescription of treatment, and administration of medication for any student.

It is the responsibility of the school nurse to clarify any medication order that he/she believes to be inappropriate or ambiguous.  In accordance with Department of Education Rule Chapter 40 § 2(B), the school nurse may decline to administer a medication if he/she believes such administration would jeopardize student safety.  In this case, the school nurse must notify the parent, the student’s health care provider and the school administrator (i.e., building principal or designated administrator). 

C. Administration of Epinephrine Autoinjectors to Students Without A Prescription

M.S.A.D. #35 has a “collaborative practice agreement” which allows the administration of an Epinephrine Autoinjectors and/or Diphenhydramine (Benadryl) to a student who does not have a prescription in an emergency when the student is experiencing anaphylaxis during school or a school-sponsored activity. The epi-pen must be administered by the school nurse or other authorized unlicensed personnel who has received the training required by this policy and the collaborative practice agreement.

D. Renewal of Parent Permission Requests/Forms and Health Care Provider Orders

Written parental permission requests/forms and health care provider orders must be renewed at least annually. Health care provider orders must be renewed whenever there are changes in the order.

E. Delivery and Storage of Medication 

The student’s parents shall deliver any medication to be administered by school personnel to the school in its original container and properly labeled. In the event that this is not practical, the parent must contact the school to make alternate arrangements.

No more than a 21-day (one month) supply of medication shall be kept at school, excluding inhalers and epinephrine autoinjectors. The parent is responsible for the replenishment of medication kept at school. 

The parent is responsible for notifying the school of any changes in or discontinuation of a prescribed medication that is being administered to the student at school. The parent must remove any medication no longer required or that remains at the end of the school year.

The designated school official shall be responsible for developing and implementing procedures for the appropriate and secure storage of medications kept at school, and all medications shall be stored in accordance with this procedure. 

F. Recordkeeping 

School personnel and the student’s parent shall account for all medication brought to school.  The number of capsules, pills or tablets, and/or the volume of other medications brought to school shall be recorded. 

School staff administering medication shall document each instance the medication is administered including the date, time, and dosage given.

The designated school official shall maintain a record including the parent’s request, physician’s order, details of the specific medications (including dosage and timing of medication), and documentation of each instance the medication is administered.

Records shall be retained according to the current State schedules pertaining to student health records.

G. Confidentiality

To the extent legally permissible, staff members may be provided with such information regarding medication and its administration as may be in the best interest of the student.

H. Administration of Medication

The school nurse, under the administrative supervision of the Superintendent, will provide direction and oversight for the administration of medication to students.

Medication may be administered during the school day and any school activities by licensed medical personnel acting within the scope of their licenses.

All unlicensed personnel (principals, teachers, education technicians, school secretaries, coaches, bus drivers, etc.) who administer medication must receive training before being authorized to do so.

Based upon the documentation of training and competency in the administration of medication, the school nurse will make recommendations to the Superintendent/designee pertaining to authorization of unlicensed persons to administer medication.  Training that shall be acceptable for the purpose of authorization of unlicensed personnel is addressed under the section of this policy titled “Required Training of Unlicensed Personnel to Administer Medication.”

I. Administration of Medication During Off-Campus Field Trips and School-Sponsored Events

The school will accommodate students requiring administration of medication during field trips or school-sponsored events as follows:

The school nurse, principal, and, as appropriate, the school unit’s Section 504 Coordinator and/or IEP, will determine whether an individual student’s participation is contraindicated due to the unstable/fragile nature of his/her health condition, the distance from emergency care that may be required, and/or other extraordinary circumstances. The student’s parent and primary care provider will be consulted in making this determination.  The decision will be made in compliance with applicable laws, including the IDEA, § 504 and the Americans with Disabilities Act (ADA).

The parent must provide the appropriate number of doses needed for the duration of the field trip or school-sponsored event.

When there are no contraindications to student participation, an appropriately trained staff member will be assigned to administer medication.  The parent will be encouraged to accompany the student, if possible, to care for the student and administer medication.

All provisions of this policy shall apply to medications to be administered during off-campus field trips and school-sponsored events.  As practicable, the DOE’s “Procedure for Medication Administration on School Field Trips” will be followed.

J. Student Self-Administration of Asthma Inhalers and Epinephrine Autoinjectors 

Students with allergies or asthma may be authorized by the building principal, in consultation with the school nurse, to possess and self-administer emergency medication from an epinephrine autoinjector or asthma inhaler during the school day, during field trips, school-sponsored events, or while on a school bus. The student shall be authorized to possess and self-administer medication from an epinephrine autoinjector or asthma inhaler if the following conditions have been met. 

1. The parent (or student, if 18 years of age or older) must request in writing authorization for the student to self-administer medication from an epinephrine autoinjector or asthma inhaler.

2. The student must have the prior written approval of his/her primary health care provider and, if the student is under the age of 18, the prior written approval of his/her parent/guardian. The written notice from the student’s primary care provider must specify the name and dosage of the medication, frequency with which it may be administered, and the circumstances that may warrant its use.

3. The student’s parent/guardian must submit written verification to the school from the student’s primary care provider confirming that the student has the knowledge and the skills to safely possess and use an epinephrine autoinjector or asthma inhaler.

4. The school nurse shall evaluate the student’s technique to ensure proper and effective use of an epinephrine autoinjector or asthma inhaler taking into account the maturity and capability of the student and the circumstances under which the student will or may have to self-administer the medication.

5. The parent will be informed that the school cannot accurately monitor the frequency and appropriateness of use when the student self-administers medication, and that the school unit will not be responsible for any injury arising from the student’s self-medication.

Authorization granted to a student to possess and self-administer medication from an epinephrine autoinjector or asthma inhaler shall be valid for the current school year only and must be renewed annually.

A student’s authorization to possess and self-administer medication from an epinephrine autoinjector or asthma inhaler may be limited or revoked by the building principal after consultation with the school nurse and the student’s parents if the student demonstrates inability to responsibly possess and self-administer such medication.

To the extent legally permissible, staff members may be provided with such information regarding the student’s medication and the student’s self- administration as may be in the best interest of the student. 

Sharing, borrowing, or distribution of medication is prohibited.  The student’s authorization to self-administer medication may be revoked and the student may be subject to disciplinary consequences for violation of this policy.

K. Administration of Over-the-Counter Medications 

With prior written parent permission, students may receive certain over the counter medications at school, e.g., Tylenol, Ibuprofen, Tums, cough drops, etc. pursuant to a standing order from the school physician/school health advisor.

L. Required Training of Unlicensed Personnel to Administer Medication 

Unlicensed school personnel who administer medication to students in a school setting (at school, on school transportation to or from school, on field trips, or during school-sponsored events) must be trained in the administration of medication before being authorized to carry out this responsibility. Such training must be provided by a registered professional nurse or physician and include the components specified in Department of Education Rules Chapter 40 and other applicable Department of Education standards, recommendations, programs, and/or methodologies. 

The trainer shall document the training and competency of unlicensed school personnel to administer medication.  Based upon a review of the documentation of training and competency in the administration of medication, the school nurse will make recommendations to the Superintendent/designee pertaining to authorization of such unlicensed personnel pertaining to authorization to administer medication.

Following the initial training, a training review and information update must be held at least annually for those unlicensed school personnel authorized to administer medication.

M. Delegation and Implementation 

The Superintendent/designee shall be responsible for developing administrative procedures and/or protocols to implement or supplement this policy.

Such procedures/protocols shall include direction regarding:

1.  Safe transport of medication to and from school;

2. Administration of medication during field trips and school-sponsored events;

3. Accountability for medications, particularly those regulated by Schedule II of the Controlled Substances Act;

4.  Proper storage of medication at school;

5. Training of appropriate staff on administration of emergency medications including the standards for the signs and symptoms of anaphylaxis and the use of epinephrine autoinjectors for previously unknown severe allergies;

6. The procedure to follow in the event of a medication reaction;

7. Access to medications in case of a disaster;

8.  The process for documenting medications given and medication errors; and

9.  The proper disposal of medications not retrieved by parents.

A student who uses prescribed medication in accordance with this policy may not be excluded (suspended or expelled) from school or school activities because they require prescribed medication to attend school.

20-A M.R.S.A. §§ 254(5); 4009(4); 4502 (5)(N); 6305

Me. Dept. of Ed. Rule Ch. 40 (2016)

21 USC §801 et. seq. (Controlled Substances Act)

28 C.F.R. Part 35 (Americans with Disabilities Act of 1990)

34 C.F.R. Part 104 (Section 504 of the Rehabilitation Act of 1973)

34 C.F.R. Part 300 (Individuals with Disabilities Education Act)

Cross Reference: 

JLCD-E1 Administration of Medication to Students on School Field Trips (Me. DOE)  

JLCDA – Medical Marijuana in Schools


Policy Adopted: May 7, 1980 

Policy Revised: August 19, 1987; January 6, 1999; June 20, 2001; September 21, 2005; March 16, 2016; February 28, 2018; August 18, 2021; October 18, 2023

Section J – Students

JLCD-E1 - Administration of Medication to Students on School Field Trips

JLCD-E1 - Administration of Medication to Students on School Field Trips

  1. Any unlicensed personnel administering medications must hold documentation of their training in the administration of medication, including personnel administering medication on a field trip.
  2. There must be written permission from the parent/guardian providing consent to administer the medication in school and a written physician's order and/or an appropriately labeled original medication container.
  3. Either a standardized preprinted medication label or preprinted envelope containing the information described below or medication in its original container will be used for students attending a field trip.
  4. When using a preprinted label or preprinted envelope, the school nurse shall transfer the prescribed amount of medication needed for the field trip from the original medication container into the approved envelope and fill in the appropriate information on the envelope.
  5. The envelope will be provided to the trained personnel for administration during the trip. The school nurse will provide a review of the medication and its administration to the trained personnel on an as needed basis. All trained personnel administering medication must understand what to do in an emergency.
  6. The medication will be transported and stored in compliance with any special directions for the medication and will be secured as safely as possible.
  7. The administration of medication on a field trip will duplicate as much as possible, the guidelines found in the “Guidelines for Training of Non-Licensed Personnel in Medication Administration”. This will include consideration of student privacy and cleanliness of the area where medications are administered.
  8. Medication will be administered to the student to assure that the right student receives the right medication, with the right dose, at the right time, by the right route. The trained personnel administering the medication will double-check the student with the medication label and will double-check the dose. The medication will be given within 30 minutes either side of the prescribed time.
  9. Each school district will develop a method of documenting medications administered on the field trip, recording any unexpected occurrences, and a method of returning any medication not administered.

The medication envelope or label will contain the following information:

  1. Date to be administered.
  2. Name of the student.
  3. Name of the medication.
  4. Dose to be given.
  5. Time to be given.
  6. Physician prescribing the medication.
  7. Special directions.
  8. Phone number of school nurse.
  9. Emergency directions.

 


Cross reference: JLCD - Administration of Medication to Students

JLCDA - Medical Marijuana in Schools

JICH - Drug and Alcohol Use by Students


Policy Adopted: September 21, 2005

Policy Revised: February 28, 2018

Policy Reviewed: August 18, 2021

Section J – Students

JLCD-E2 - Administration of Medication to Students Authorization Form

JLCD-E2 - Administration of Medication to Students Authorization Form 

To be completed by the child’s Health Care Provider and Parent/Guardian.

Please complete this form to allow the school nurse or designated school staff member to administer the named medication.  All medication must be brought to school by an adult and will be kept in the school nurse’s office. The medication must come in the original container with the student’s name and prescription instructions labeled. This must be renewed annually or updated with changes to prescription. 

School Year: __________  to  __________

Student Information

Student Name: _________________________________________________     D.O.B. __________________

School: ___________________________ Grade:____________ Teacher: ______________________________

List Any Known drug allergies/reactions: ________________________________________________________

Height: ____________________                                        Weight: _______________________ 

Physician - Prescriber Order/Authorization

Provider Name: __________________________________________  Office phone #:_____________________

Office Address:_____________________________________________________________________________

Medication Name: ________________________________________ Reason: _____________________

Dosage/Route: _______________________                                Frequency: ___________________

Begin Medication: _____________________                              Stop Medication: ______________

Potential Side Effects/Contradictions/Reactions: ____________________________________

When will the student be reevaluated? ____________________________________________

 

Special Instructions:

Does the medication require refrigeration?          Yes              No

Is the medication a controlled substance?           Yes              No

 

_________________________          __________                               __________________

Physician Signature                             Date                                               Fax #

PARENT/GUARDIAN AUTHORIZATION

As a parent/guardian I request the designated school personnel to administer the above medication at school according to district policy.  Information regarding my child’s medication may be shared with appropriate school personnel.  I authorize the school nurse to communicate with the health care provider.

 

________________________________________________     _________________________

Parent/Guardian Signature                                                         Date

______________________           _______________________    _________________________

Home Phone #                              Cell #                                           Work #

5/14

 

Adopted: February 28, 2018

Policy Revised: August 18, 2021

Section J – Students

JLCDA - Medical Marijuana in Schools

JLCDA - Medical Marijuana in Schools

The Board recognizes that there may be some students in the MSAD #35 schools who rely on the use of medical marijuana to manage a medical condition and who may be unable to effectively function at school without it.

The administration of medical marijuana in Maine schools is governed by the Maine Medical Use of Marijuana Act (MMUMA). The regulatory agency charged with implementing the MMUMA is the Department of Administration and Financial Services (DAFS). The Maine Medical Use of Marijuana Program, located within DAFS, performs administrative duties associated with implementation of the MMUMA, such as issuing of registration cards to “caregivers.”

Administration of medical marijuana should be done in a way that minimizes the interruption of instructional time for the student and with a minimum of disruption of routine school operations.  

The following procedure is to be followed for the administration of medical marijuana at school:

A.    The student’s parent/legal guardian/legal custodian must request the school unit’s Board policy JLCDA-E1 “Medical Marijuana Parent/Provider Request Form to Administer at School” form and a copy of the Board’s policy JLCDA, Medical Marijuana in Schools from the school nurse.

B.    The parent/legal guardian/legal custodian and the student’s medical provider (physician, certified nurse practitioner, or physician assistant) must complete and sign the Request form, to be submitted to the school with a copy of the student’s current written certification for the use of medical marijuana. The parent/legal guardian/legal custodian must present the original certification to the school employee responsible for processing the request.  A copy of the certification will be retained by the school.

C.    The parent/legal guardian/legal custodian must designate a caregiver who will administer medical marijuana to the student in school (including a student who is 18 years of age or older). The designated caregiver must be registered with the Maine Medical Marijuana Program. The original registry identification card and caregiver designation form must be presented to the school employee processing the request. Copies will be retained by the school.

D.     If the designated caregiver is a person other than the student’s parent/legal guardian/legal custodian, the designated caregiver must also provide verification that he/she is authorized by the State of Maine to administer marijuana to the student on school grounds;

E.     An arrangement will be made between the school administration and the designated caregiver to schedule the administration of medical marijuana in a manner that will minimize disruption to the student’s educational program, other students, school personnel, and the operations of the school. 

F.     Medical marijuana may be administered only at the school nurse’s office. The designated caregiver must sign in at the school office on arrival at school and proceed directly to the location where the medical marijuana will be administered. The designated caregiver must comply with all Board policies and school rules while on school grounds. 

G.    Medical marijuana administered in school must be in a nonsmokeable form. Vaporizers are not permitted. 

H.    Only the designated caregiver may bring medical marijuana to school. It may not be held, possessed, or administered by any person other than the caregiver. The student may only hold or possess the medical marijuana during the process of administration and under the supervision of the caregiver.

I.      The designated caregiver must sign out at the school office after the administration of the medical marijuana, taking any remaining medical marijuana with him/her.

A student who uses marijuana in accordance with this policy for the medical use of marijuana may not be excluded (suspended or expelled) from school or school activities because they require medical marijuana to attend school.

 


                                 

Cross Reference: JLCD ‒ Administration of Medication to Students

JLCD-E1 Administration of Medical to students on School Field Trips

KI ‒ Visitors to the Schools 


Policy Adopted: February 28, 2018

Policy Revised: August 18, 2021

Section J – Students

JLCDA-E1 - Medical Marijuana Parent/Provider Request Form to Administer at School

JLCDA-E1 - Medical Marijuana Parent/Provider Request Form to Administer at School

A. To be completed by Physician, Physician Assistant or Certified Nurse Practitioner

Student’s Name:                            

Birth date:                                             School:

Teacher:

Grade:

Reason for use of medical marijuana:


______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Form of medical marijuana:

Note: Medical marijuana may only be administered at school in non-smokable form

Dosage (amount):

The Medical marijuana must be administered during school hours. 

Please circle:  YES  or  NO      If yes, specific time to be administered: ________

Restrictions (including any restrictions on school activities for safety reasons) and/or important side effects. Please check a box below.

( ) No restrictions anticipated

( ) Yes, restrictions – please describe in detail:


______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date medical marijuana prescribed:

Date medical marijuana to be discontinued:

Any other necessary instructions or information:


____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Note: The school nurse may contact you if there are further questions concerning this request.  Any changes to the information shall require a new request form.

Provider’s signature: ____________________________ Date: ______________

Printed name: _____________________________________________________

Address: __________________________________________________________

Email: ___________________________________________________________

Phone: _________________________ Fax: ______________________________


B. To be completed by parent/guardian/legal custodian:

 I understand and agree that if the school nurse has questions regarding the provider’s order, that the nurse may contact the child’s provider and obtain additional information about the medication. I consent to the provider releasing that information.    

I have read Board policy JLCDA-Medical Marijuana in Schools and understand that I must comply with all the requirements concerning the administration of medical marijuana.

 

Parent/Guardian/Legal Custodian signature required.


Signature: ______________________________________ Date: _____________

Printed name: _____________________________________________________

Relationship: ______________________________________________________

Phone: _____________________________________________________________


The following caregiver has been designated to administer marijuana to the student. This caregiver has obtained the required registry identification card. If the designated caregiver is not a parent/legal guardian/legal custodian, he/she has the required authorization from the State that he/she is authorized to administer marijuana to a student on school grounds.

 

Name of Designated Caregiver: ________________________________________

 

Relationship to Student: _______________________________________________


NOTE: COPIES OF THE FOLLOWING MUST BE ATTACHED TO THIS FORM:

 

1. Current written certification for the use of medical marijuana by the student.

2. The state caregiver designation form.

3. The designated caregiver’s registry identification card.

4. If the designated caregiver is not a parent/legal guardian/legal custodian of the student, documentation that the caregiver has is authorization by the state to administer marijuana to a student on school grounds.

 

Note: A copy of the current written certification for the use of medical marijuana must be attached to this form.

C. To be completed by the school:

Date request form received: __________________________________________

Received by: ___________________________________________________________

Date request form reviewed: __________________________________________

Reviewed by: ___________________________________________________________

Please circle, the request has been: Approved or Not Approved

 


Adopted: February 28, 2018

Policy Reviewed/Revised: October 20, 2021

Section J – Students

JLCE - First Aid and Medical Emergency Care

JLCE - First Aid and Medical Emergency Care

As defined in the Maine School Health Manual, first aid is “immediate and temporary care in the event of an accident or injury before medical care can be obtained.”

The Superintendent/designee shall establish and implement procedures for handling accidents and injuries, which shall make clear the responsibilities of various school personnel. They shall be based upon recommendations in the Maine School Health Manual. The Superintendent/designee shall maintain a system for accident reporting and for maintaining emergency health and contact information on each student. The Superintendent/designee shall also designate appropriate staff members to be responsible for administering first aid and will provide these individuals with appropriate training.

 

Legal Reference:

20-A MRSA § 4009 

Policy Adopted: February 12, 2014

Policy Revised: August 23, 2023

Section J – Students

JLCE-R - First Aid Administrative Procedure

JLCE-R - First Aid Administrative Procedure

The building principal or his/her designee shall be notified immediately of an injury to any student in the school building or on the school premises.

A report of the injury and first aid given shall be made in writing, with a copy sent to the Superintendent and a duplicate copy retained in the school files.

If the student is to be sent home, the Principal/School Nurse/designee shall first determine if the parent or guardian is at home to receive the student.

The student should not be sent home unless some responsible person in the household is there to receive him/her.  In case the student is not able to go home unassisted, the principal shall require the parent to pick up the child or shall provide proper supervision in seeing that the child is escorted safely home.

Depending on the injury, the Principal/School Nurse/Designee may recommend evaluation by the family’s Primary Care Provider. If the injury is severe, 911 will be called for ambulance transportation to the nearest hospital.

The parent shall be responsible for any fees incurred through these services.


 

20-A MRSA § 4009

 

Policy Adopted: February 12, 2014

Policy Reviewed: June 28, 2023

Section J – Students

JLDB - Student Assistance Teams(SAT)

JLDB - Student Assistance Teams(SAT)

The Student Assistance Teams (SAT) of MSAD #35, in schools utilizing the SAT, consist of caring professionals who identify, refer, and intervene in order to help “at risk” youths.

The SAT may serve students who are at risk for academic, social, and/or emotional failure. We are of the firm belief that all students deserve the opportunity to improve the quality of their lives, their academic standing in the school, and their sense of personal dignity.

The SAT provides a vehicle for the entire educational system to engage in a problem-solving process for the students’ best interests. 

The SAT will review the data, identify and prioritize issues, brainstorm and recommend interventions and strategies, and implement a plan of action. Outcomes of interventions will be reviewed regularly at follow-up SAT meetings.

Each student who is identified by the SAT will have a case manager. Recommendations, interventions, and outcomes are recorded and kept in a confidential manner. Essential documentation (referral form, action plan, and follow-up evaluations) will be maintained. The location of these files will be noted in the student’s cumulative record.

 

Legal Reference: 20-A 6001(FERPA)

Section 504 P.L. 93-112 (Rehabilitation Act of 1973

 

Policy Adopted: November 2, 2005

Section J – Students

JLDBG - Reintegration of Students from Juvenile Correctional Facilities

JLDBG - Reintegration of Students from Juvenile Correctional Facilities

Maine law requires the establishment of a reintegration team to assist a student entering a public school from a juvenile correctional facility.  The Board recognizes the need for advance planning and appropriate confidentiality in these circumstances.

The Superintendent shall be responsible for determining whether a student will be accepted or denied access to school based on compliance with the juvenile's rehabilitation plan as it affects reintegration.  Access may be denied until the Superintendent is satisfied that conditions have been met.

MSAD #35 will comply with reintegration standards established by the Maine Department of Education.  The Superintendent will be responsible for overseeing the transition of students from juvenile correctional facilities based on the following guidelines.

  1. Within ten days of receiving information from the Department of Corrections concerning the release of the juvenile offender, the Superintendent shall establish and convene a meeting of a reintegration team to review information received from the Department of Corrections, evaluate the student's individual educational needs, and determine what additional information may be relevant.

  2. The reintegration team shall include at a minimum the principal/designee of the school to which the student will be admitted, at least one classroom teacher to which the student will be assigned or who is involved in the school's student assistance team, the student's parent/guardian/custodian, and a guidance counselor.  The student's juvenile correctional officer or other representative from the Department of Corrections may be invited to attend.

  3. The reintegration team will determine, on the basis of need, which school employees should receive or given access to) information that would otherwise be considered confidential.  The nature and extent of information provided should be limited to that needed to implement the student's reintegration plan and ensure the health and safety of the student, the safety of the school's students and staff, and the integrity of school property.

  4. The Superintendent/designee will be responsible for ensuring that confidentiality training, including a review of the MSAD #35 policy and administrative procedures pertinent to records from the juvenile criminal justice system, including the juvenile correctional facility, and to all student educational records under the Family Education Records and Privacy Act (FERPA), is provided to all school employees who have access to this information.

  5. Before the student enters school, at least one additional meeting of the reintegration team should be held to develop an individualized plan for the student's reintegration based on the student's educational needs and the options available within the school system.  This meeting should include the student as well as the members of the reintegration team.  The reintegration plan will address the student's educational program, participation in activities (including co-curricular and extracurricular activities), and access to school facilities (including transportation).

  6. Placement in grade, class, and/or school programs will be based on the student's abilities and academic achievement demonstrated in prior educational settings, including the student's stay at the juvenile correctional facilities.  The principal will be responsible for evaluating the student's transcript and portfolio from the juvenile correctional facility to assess progress toward meeting the content standards of the Learning Results.  The principal may require the student to participate in additional tests or other demonstrations of skill or knowledge, consistent with the local assessment system, for the purpose of determining appropriate placement.

  7. The Superintendent/designee will be responsible for developing and implementing a process for monitoring and reporting a student's progress and compliance with the reintegration plan and for modifying the plan as needed.

  8. A student who violates Board policy or school rules will be subject to the disciplinary consequences described in policy, administrative procedures, and/or the student handbook/student code of conduct.

  9. The Superintendent/designee shall make any reports that may be required by the Department of Education concerning numbers of students entering MSAD #35 from juvenile correctional facilities.

                    15 M.R.S.A. § 3009

                    15 M.R.S.A. §3008(7)(E)

Policy Adopted:        September 17, 2003

Policy Revised:         May 21, 2014

JLDBG -Administrative Bulletin

15 M.R.S.A. §3008(7)(E) provides that when a juvenile has been charged with or adjudicated of a juvenile offense that involves the use or threatened use of physical force against a person, the District's attorney in the district where the charges were brought will provide certain information to the Superintendent/designee of the juvenile's school.

This information is limited to:

  1. The name of the juvenile
  2. The nature of the alleged offense or offense;
  3. The date of the alleged offense or offense;
  4. The date of the petition (date charged);
  5. The date of the adjudication, if applicable; and
  6. The location of the court where the case was brought, if applicable.

By law, this information is not to become part of the student's educational record.

This information is to be regarded as confidential except as provided in 20-A M.R.S.A. §1055(11). This statute requires the Superintendent to convene a notification team within ten days of receiving notice of an alleged or adjudicated juvenile offense. This team must include the administrator/designee of the school building where the student attends at least one classroom teacher to whom the student is assigned a guidance counselor, and the student's parent/guardian. The notification team is to determine on the basis of need which school employees are entitled to receive this information. The Superintendent "shall ensure" that confidentiality training is provided to all school employees who have access to this information.

Section J – Students

JLF - Reporting Child Abuse and Neglect

JLF - Reporting Child Abuse and Neglect

I. Definitions 

A. Child abuse or neglect. Child abuse or neglect is defined by Maine law as “a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these or failure to ensure compliance with school attendance requirements under Title 20-A” (specifically when a child who is at least seven years of age and has not completed grade six, has the equivalent of seven full days of unexcused absences or five consecutive school days of unexcused absences during a school year).

B. Person responsible for the child. A “person responsible for the child” means a person with responsibility for a child’s health or welfare, whether in the child’s home or another home or a facility which, as part of its function, provides for the care of the child. It includes the child’s parent, guardian or other custodian.

II. Employee’s Duty Report

A. Any employee of the school unit who knows or has reason to suspect that a child has been or is likely to be abused or neglected must immediately notify the building principal or designated agent.

1. In addition to notifying the building principal/designated agent, the employee may also make a report directly to the Department of Health and Human Services (DHHS) or the District Attorney (see also Section III.B which provides further information about reporting to DHHS and/or the District Attorney).

B. If the reporting employee does not receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report that a report has been made to DHHS and/or District Attorney, the employee shall make an immediate report directly to DHHS and, if the person suspected is not a person responsible for the child, to the District Attorney. In such cases, the employee shall then complete a copy of the Suspected Child Abuse and Neglect Reporting Form (JLF-E).

C. If the reporting employee does receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report (i.e., a copy of the Suspected Child Abuse and Neglect Reporting Form (JLF-E)), he/she shall sign the form as acknowledgement that the report was made and return it to the building principal/administrator or Superintendent.

III. Administrator Reporting And Confirmation Duties

All building principals and the Superintendent are designated agents to make child abuse and neglect reports.  A building principal may also designate a specific agent to receive reports.

A.  If a building principal/designated agent receives the report, he/she shall notify the Superintendent immediately. 

B. The Superintendent or building principal shall immediately make a report by telephone to DHHS, and if requested by DHHS, provide a written report of the suspected abuse or neglect to DHHS within 48 hours. In addition, if the person suspected of abuse or neglect is not the parent, guardian or other custodian of the child, the Superintendent/building principal shall also make a report to the District Attorney.

  1. The law requires the reporting employee to make his/her own report to DHHS and/or the District Attorney if he/she has not received confirmation within 24 hours that such a report has been made by the Superintendent/building principal.

C. The person making the report to DHHS and/or the District Attorney shall complete the Suspected child Abuse or Neglect Form (JLF-E).

D. The Superintendent/building principal shall provide a copy of the Suspected Child Abuse or Neglect Form to the reporting employee within 24 hours of the employee’s initial report. The reporting employee shall sign the report and return it to the Superintendent/building principal.

E. If requested by the relevant agency, the form will be forwarded to DHHS and/or the District Attorney, and shall be retained by the school unit for ten years, as specified in the Maine Archives Rules, along with any other information relevant to the case.

IV. Internal Investigations And Discipline

A. Employees. If the person suspected of abuse or neglect is an employee, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable Board policies, collective bargaining contracts, and federal and state laws.

B. Students. If the person suspected of abuse or neglect is a student, and the abuse or neglect occurred on school premises, during a school activity, or is otherwise related to the school, the Superintendent/designee shall investigate and take appropriate action, in accordance with applicable Board policies and federal and state laws.

V. Interviews Of Child And School Personnel 

A. DHHS personnel shall be permitted to meet with and interview the child named in the report when the child is present at school without prior notification to the parent or custodian when DHHS has reasonable grounds to believe that prior notice would increase the threat of serious harm to the child or another person. The Department may conduct one initial interview with a child without prior notification to the parent or custodian of the child when the child contacts DHHS or a person providing services puts the child into contact with DHHS.  

B. Upon request of a DHHS employee to meet with and interview the child named in the report when the child is present at school, the building principal or designee shall:

1.  Require the DHHS employee requesting to interview the child to provide written certification that in the Department’s judgment, the interview is necessary to carry out its duties; 

2.  Require the DHHS caseworker to discuss the circumstances of the interview and any relevant information regarding the alleged abuse or neglect with the child’s teacher, school counselor, school nurse, social worker or building principal as the caseworker deems is necessary to provide needed emotional support to the child prior to and following the interview;  

3.  Not place conditions on how the interview is conducted, including, but not necessarily limited to requiring that certain persons be present during the interview; prohibiting certain persons from being present during the interview; and requiring notice to or consent from a parent or guardian; 

4.  Provide an appropriate, quiet and private place for the interview; and

5.  Not disclose any information about DHHS’s intention to interview the child except to school officials or the school’s attorney who need the information to comply with the interview request.

VI. Confidentiality Of Information And Records 

All records, reports and information concerning alleged cases of child abuse and neglect shall be kept confidential to the extent required by Board policies and applicable law.

The building principal/designee is permitted to release a child’s school records without prior consent of the parent/guardian to DHHS or law enforcement officials in response to a lawful subpoena, or as necessary to protect the health or safety of the child or other individuals under federal law.

VII. Training

Any school unit employee who is required to make a report shall, at least once every four years, complete mandated training approved by DHHS.  

The DHHS training is available online at: https://www.maine.gov/dhhs/ocfs/documents/MRT_Online_APR2018.pdf 

VIII. Good Faith Immunity From Liability

Any person who in good faith reports, assists DHHS in making the child available for an interview, or participates in the investigation or proceedings of a child protection investigation is immune from any criminal or civil liability for the act of reporting or participating in the investigation or proceeding. Good faith does not include instances when a false report is made and the person knows the report is false.



 

20 USC § 1232g, Family Educational Rights and Privacy Act

20-A M.R.S.A. §§ 5051-A(1)(C); 5051-A(2)(C)

 

Cross Reference: ACAA – Harassment and Sexual Harassment of Students

JLF-R –Reporting Child Abuse and Neglect Administrative Procedure

JLF-E – Suspected Child Abuse and Neglect Report Form

JLFA - Child Sexual Abuse Prevention and Response

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-E Suspected Child Sexual Abuse Report Form

JRA – Student Records

 

Policy Adopted: January 20, 1982

Policy Revised: November 4, 1998 and February 1, 2006, October 19, 2016, April 25, 2018, November 17, 2021

Section J – Students

JLF-E - Suspected Child Abuse/Neglect Report Form

JLF-E - Suspected Child Abuse/Neglect Report Form

Any employee of MSAD #35 who suspects that a child has been or is likely to be abused or neglected (the “notifying person”) must immediately notify the building principal using this form. The purpose of this form is to document your reporting and to facilitate confirmation to you that the building principal or other designated school official has made your report to the Department of Health and Human Services (DHHS) or, as appropriate to the District Attorney. 

If you have not received written confirmation within 24 hours of submitting this form to the building principal, you must make your own report to DHHS or, if appropriate, to the DA.

1) Name/title/telephone number and email address of notifying person (person who originally has the information and is required to report it):

________________________________________________________________________________________________________________________________________________________________________________________________________________________

2) Date and time of notifying person’s report: _________________________________

3) Name/title of school principal /designated agent first report made to: 

____________________________________________________________________________________________________________

4) Did notifying person contact DHS independently: _____ Yes  _____ No

5) Name of student who is subject of report: __________________________________

     Birthdate: __________________ Sex: _____________ Grade: _______________

     Known history of abuse/neglect? _________________________________________

     Parent/Guardian Name(s): ______________________________________________

     Address: ____________________________________________________________

     Home and work telephone numbers: ______________________________________

     Name(s) of sibling(s): __________________________________________________

6) Statements or indicators leading to the suspicion of abuse/neglect (include all known information, including date, time and location, name of alleged abuser, and relationship to student): 

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7) List any photographs taken or other materials collected related to the report:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8) Actions taken by school personnel (list date, time and personnel involved):

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Cross Reference: JLF - Reporting Child Abuse and Neglect

JLF-R –Reporting Child Abuse and Neglect AdministrativeProcedure
JLFA - Child Sexual Abuse Prevention and Response
JLFA-R - Child Sexual Abuse Prevention and Response Procedure
JLFA-E - Suspected Child Sexual Abuse Report Form

Policy Adopted:

Policy Reviewed:  April 25, 2018

Policy Revised: November 17, 2021




CONFIRMATION OF REPORT

(Used for confirming principal or designated agent’s report to authorities) 

Name of principal or designated agent: ___________________________­__________

Agency contacted by telephone:  __________________________________________

Name and title of agency contact:  _________________________________________

Date and time of telephone report: _________________________________________

Copy of report form sent (include date and addressee):  ________________________________________

_________________________________________________________________________________________

 

     _________________________________                     __________________

     Principal/Designated Agent Signature                           Date and Time 

 

EMPLOYEE’S ACKNOWLEDGEMENT OF RECEIPT OF CONFIRMATION

(To be returned to principal or designated agent) 

I have received confirmation that my report has been made to DHHS or the DA by the Principal or other Designated Agent.

______________________________________                        __________________

Notifying Person/Original Reporter’s Signature                             Date and Time

(Employee’s Signature)_______________________________________________________

Reviewed:  April 25, 2018

Section J – Students

JLF-R - Reporting Child Abuse and Neglect – Administrative Procedure

JLF-R - Reporting Child Abuse and Neglect – Administrative Procedure

This procedure implements the Board’s policy JLF – Reporting Suspected Child Abuse and Neglect. It summarizes the steps to be taken when a school employee suspects that a child has been or is likely to be abused or neglected.

The “notifying person” refers to any employee of the school unit who has the information that gives rise to the reasonable suspicion that a child has been or is likely to be abused or neglected and is required by law or Board policy to report it; such as, but not limited to: a principal, teacher, nurse, school counselor, bus driver, substitute teacher and school volunteer.  

A.   The notifying person should immediately notify the principal or other designated agent of the suspected abuse or neglect. The person may notify the Department of Health and Human Services (DHHS) directly, or if appropriate, the District Attorney (DA).

B.   The building principal or designated agent should immediately notify the Superintendent.  The building principal/designated agent or Superintendent should immediately make a report by telephone to DHHS, and if requested by DHHS, should provide a written report of the suspected abuse or neglect to DHHS within 48 hours. If the person suspected of abuse or neglect is not the parent, guardian or other custodian of the child, the building principal or Superintendent shall also make a report to the DA.

C.   The principal or designated agent or Superintendent should send a written confirmation containing the name of the person reporting, the date and time of the report and a summary of the information to the notifying person.

D.   The notifying person should acknowledge in writing that he/she has received the confirmation that the report has been made by the principal or designated agent.

E.   The confirmation and acknowledgement should be retained in the school’s records.

F.    If the notifying person has not received written confirmation within 24 hours of making his/her report to the principal or designated agent has caused a report to be made to DHHS and, if appropriate, the DA, the notifying person shall immediately make a report to DHHS and, if appropriate, the DA. 

 


Cross Reference: JLF – Reporting Child Abuse and Neglect   

LF-E – Suspected Child Abuse and Neglect Report Form     

JLFA - Child Sexual Abuse Prevention and Response

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-E - Suspected Child Sexual Abuse Rport Form

 

Policy Adopted: October 19, 2016

Policy Reviewed: April 25, 2018 

Policy Revised: November 17, 2021

Section J – Students

JLFA - Child Sexual Abuse Prevention and Response

JLFA - Child Sexual Abuse Prevention and Response

The Board recognizes that Maine law requires every school unit with a Pre-K through 5th grade program to adopt a policy for child sexual abuse prevention education and response. The Board adopts this policy in the interest of promoting the well-being of students and providing a supportive learning environment as well as compliance with the law. 

For the purpose of this policy, “child sexual abuse” means any sexual engagement either through “hand on” or “hands off” activities between an adult and a child. Sexual engagement between children can also be sexual abuse when there is a significant age difference between the children involved or if the children are very different in development, size, or other power differential.

I.      REPORTING CHILD SEXUAL ABUSE

 A.    Any employee of the school unit who has reason to suspect that a child has been sexually abused is to immediately notify the building principal or designated agent. 

1.     In addition to notifying the building principal/designated agent, the employee may also make a report directly to the Department of Health and Human Services (DHHS).

2.     School volunteers who have reason to suspect that a child has been sexually abused may report their suspicions directly to DHHS.

3.     Neither the employee or volunteer nor the building principal/designated agent should attempt to further question or interview the child nor otherwise undertake an investigation. 

B.    If the reporting employee or volunteer does not receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report that a report has been made to DHHS, the employee or volunteer shall make an immediate report directly to DHHS. In such cases, the employee or volunteer shall then complete a copy of the school unit’s Suspected Child Abuse and Neglect Reporting Form (JLF-E). 

C.    If the reporting employee or volunteer does receive written confirmation from the building principal/designated agent or Superintendent within 24 hours of his/her report (i.e., a copy of the Suspected Child Abuse and Neglect Reporting Form (JLF-E)), he/she shall sign the form as acknowledgment that the report was made and return it to the building principal/administrator or Superintendent.

D.    The administrator reporting and confirmation duties shall be the same as provided in Section III of the Board’s policy JLF, Reporting Child Abuse and Neglect. 

II. CHILD SEXUAL ABUSE AWARENESS AND PREVENTION EDUCATION FOR SCHOOL PERSONNEL 

All school personnel shall be required to complete a minimum of one hour of training in child sexual abuse awareness and prevention, with training to be updated at least once every four years thereafter. New employees must complete training within six months of hire.

Training must be “evidence-informed” (i.e., based on research and best practices) and delivered by a qualified instructor (i.e. a person with appropriate knowledge, skills, and experience or training in child sexual abuse awareness and prevention). The trainer may be an employee or volunteer with an agency/organization specializing in sexual assault and/or child sexual abuse or an employee of the school unit (e.g., school social worker, guidance counselor, school nurse, health educator) who has received appropriate training from such an agency/organization.

The goals of the training for school personnel are:

●  Increased awareness of developmentally appropriate and inappropriate sexual behaviors in children;

●  Increased ability to recognize indicators of child sexual abuse;

●  Enhanced ability to respond effectively when a student or student’s friend or peer discloses sexual activity or the staff member suspects child sexual abuse has occurred; and

●  Awareness of local resources available to students, parents, schools, and community members, and how these resources may be accessed.

Training should also address confidentiality/disclosure concerns (beyond the mandated reporting).

III. CHILD SEXUAL ABUSE PREVENTION EDUCATION IN THE PRE-K THROUGH 5TH GRADE CURRICULUM 

The school unit will provide child sexual abuse prevention programming to its Pre-K through grade 5 students. Such instruction will be aligned with the health education standards of Maine’s system of Learning Results for this grade span, and incorporated into the written school health education curriculum. 

Programming of appropriate scope and sequence will be delivered by qualified instructors, who may be from a local or regional agency/organization with experience and expertise in sexual assault and child sexual abuse of by a school unit employee deemed competent by the Superintendent/designee to deliver such instruction. If the instructor is a school unit employee, the Board anticipates that this will be a person with the knowledge, skills, sensitivity and “comfort level” necessary to deliver the curriculum in the classroom setting, i.e., school nurse, school social worker, guidance counselor, or teacher with experience in health education. Any instructor who is a school employee is expected to take full advantage of the evidence-informed educational resources available on websites hosted by the DOE and/or MECASA. Any instructor who is a school employee should be familiar with the local community-based agencies/organizations that provide assistance or services to children and families that are experiencing or have experienced sexual assault or child sexual abuse.

It is the intent that the curriculum, as delivered in the classroom, will:

●  Include age-appropriate education regarding physical and personal boundaries; including biologically accurate body terminology;

●  Help children identify unsafe or uncomfortable situations including a range of feelings, touches, or violations of physical boundaries;

●  Help children identify safe adults with whom they can talk about unsafe or uncomfortable situations; and

●  Help children identify and develop skills to support a friend who may be experiencing safe or uncomfortable situations. 

Cross Reference: JLF – Reporting Suspected Child Abuse and Neglect
JLF-E – Suspected Child Neglect Report Form
JLFA-R - Suspected Child Abuse Report Form

Policy Adopted: November 17, 2021

Section J – Students

JLFA-E - Suspected Child Sexual Abuse Report Form

JLFA-E - Suspected Child Sexual Abuse Report Form

Any employee of MSAD #35 who suspects that a child has been or is likely to be abused or neglected (the “notifying person”) must immediately notify the building principal using this form.  The purpose of this form is to document your reporting and to facilitate confirmation to you that the building principal or other designated school official has made your report to the Department of Health and Human Services (DHHS) or, as appropriate to the District Attorney.

If you have not received written confirmation within 24 hours of submitting this form to the building principal, you must make your own report to DHHS or, if appropriate, to the DA.

1)  Name/title/telephone number and email address of notifying person (person who originally has the information and is required to report it):  ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2)  Date and time of notifying person’s report: _________________________________

3)  Name/title of school principal /designated agent first report made to:     

_____________________________________________________________________________________________ 

4)  Did notifying person contact DHS independently: _____ Yes  _____ No

5)  Name of student who is subject of report: ______________________________________

  Birthdate: __________________   Sex: _____________   Grade: _______________

  Known history of child abuse? ___________________________________________

  Parent/Guardian Name(s): ______________________________________________

  Address: ____________________________________________________________

  Home and work telephone numbers: ______________________________________

  Name(s) of sibling(s): __________________________________________________ 

6)  Statements or indicators leading to the suspicion of abuse/neglect (include all known information, including date, time and location, name of alleged abuser, and relationship to student):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7)  List any photographs taken or other materials collected related to the report:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8)  Actions taken by school personnel (list date, time and personnel involved):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

CONFIRMATION OF REPORT 

(Used for confirming principal or designated agent’s report to authorities)

Name of principal or designated agent: ___________________________­__________

Agency contacted by telephone: __________________________________________

Name and title of agency contact: _________________________________________

Date and time of telephone report: _________________________________________

Copy of report form sent (include date and addressee): ________________________

_____________________________________________________________________

 _________________________________                 __________________

Principal/Designated Agent Signature                     Date and Time

 EMPLOYEE’S ACKNOWLEDGEMENT OF RECEIPT OF CONFIRMATION

(To be returned to principal or designated agent)

I have received confirmation that my report has been made to DHHS or the DA by the Principal or other Designated Agent.

______________________________________               __________________

Notifying Person/Original Reporter’s Signature            Date and Time

(Employee’s Signature)

 


Cross Reference: JLF - Reporting Child Abuse and Neglect

JLF-R –Reporting Child Abuse and Neglect AdministrativeProcedure

JLF-E Suspected Child Abuse and Neglect Report Form

JLFA - Child Sexual Abuse Prevention and Response

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-E - Suspected Child Sexual Abuse Report Form

 

Policy Adopted: November 17, 2021

Section J – Students

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

JLFA-R - Child Sexual Abuse Prevention and Response Procedure

The Maine legislature requires schools to implement a policy to address the prevention, response, and reporting of child sexual abuse within the school setting (20-A MRS §254, sub-§18). The Board of [School Unit Name] is committed to implementing best practices to prevent and respond to child sexual abuse, and to ensure that all children attend a school which is a safe and secure learning environment. The policy herein is consistent with 20-A MRS §4502, sub-§5-C. 

Definitions

Child sexual abuse – All sexual engagement either through hands-on or hands-off activities between an adult and a child is sexual abuse. Sexual engagement between children can also be sexual abuse when there is a significant age difference between the children or if the children are very different in development, size, or other power differential.

Evidence-informed practice or program - Programs that use the best available knowledge and research to guide program design and implementation; the program has clearly identified intended outcomes and conducts evaluations to measure those outcomes.

Qualified instructor – An individual who has the knowledge, skills and comfort level necessary to professionally address child sexual abuse prevention education, aligned to research and best practices. A qualified instructor may be school personnel or from a community-based organization. 

School personnel – Any individual required to be certified, authorized, or approved by the Department of Education under Chapter 501 or 502 of Title 20-A.

Procedures for Reporting Suspected or Disclosed Child Sexual Abuse

School personnel receiving a report of or suspecting child sexual abuse, including but not limited to school faculty, staff, coaches and advisors for extracurricular and co-curricular activities, are required to either report directly to Department of Health and Human Services (DHHS) or to confirm in writing that a report was made on their behalf by a school’s designated reporter, pursuant to 22 MRS §4011-A Reporting of Suspected Abuse or Neglect and §4012 Reporting Procedures. Reports should be consistent with Maine School Management Association school board policies JLF, JLF-E.

School volunteers who are aware of incidents or suspect child sexual abuse must report to school personnel designated in the [School Unit Name] policy or directly to DHHS as noted above.

Any individuals associated with the school who are not mandated reporters, but who know of or suspect child sexual abuse are encouraged to make a report directly to DHHS.

Individuals suspecting or knowing of child sexual abuse should not ask additional questions or engage in interviewing techniques with the child, and should limit written documentation to the information required by 22 MRS §4012. Training for unbiased documentation methods is recommended. 

Acts of reprisal or retaliation against any person who reports an incident of child sexual abuse are prohibited.

Child Sexual Abuse Awareness and Prevention Education for School Personnel

Child sexual abuse awareness and prevention education for all [School Unit Name] personnel shall be:

1. Required for all school personnel;

2. Delivered by a qualified instructor(s);

3. A minimum of one hour;

4. Evidence-informed;

5. Completed within 6 months of hire; and

6. Updated every four years pursuant to 22 MRS §4011-A, sub-§9.

The training will:

1. Increase awareness of developmentally appropriate and inappropriate sexual behaviors in children, and

2. Increase ability to identify indicators of sexual abuse, including physical and psychosocial indicators on a spectrum (including lower to higher probability);

3. Increase ability to effectively respond to sexual behavior or disclosures or suspicions of child sexual abuse; and

4. Includes [Insert local child sexual abuse and sexual assault resources.]

Child Sexual Abuse Prevention Education Pre-K through Grade 5 Curriculum Programs

Age-appropriate child sexual abuse prevention education curriculum programs shall be:

1. Delivered by qualified instructors;

2. Part of the written comprehensive school health education curriculum;

3. Aligned to the Maine Learning Results Health Education Standards for grades Pre-K through 5 (pursuant to 20-A MRS §6209); and

4. Follow an appropriate scope and sequence.

The classroom curriculum will be consistent with evidence-informed, age-appropriate child sexual abuse prevention education for students, and include:

1. Age-appropriate education regarding physical and personal boundaries, including biologically accurate body terminology;

2. Helps children identify unsafe or uncomfortable situations including a range of feelings, touches or violations of physical boundaries;

3. Helps children identify safe adults with whom they could discuss unsafe or uncomfortable situations; and

4. Helps children identify and develop skills to support a friend who may be experiencing unsafe or uncomfortable situations.

Resources and Services

Service providers related to local and statewide child sexual abuse and sexual assault can be found at:

1. The Maine Department of Health and Human Services;

2. The Maine Coalition Against Sexual Assault (www.mecasa.org; statewide sexual assault support line: 1- 800-871-7741); and

3. [add local community-based child sexual abuse services or supports].

Prevention education resources related to child sexual abuse can be found at:

1. The Maine Department of Education Health Education website (www.maine.gov/doe/healthed/areas/index.html);

2. The Maine Coalition Against Sexual Assault (www.mecasa.org); and

3. [add local community-based prevention organizations and coalitions].

 

 

Cross Reference: JLF - Reporting Child Abuse and Neglect

JLF-R –Reporting Child Abuse and Neglect Administrative Procedure

JLF-E Suspected Child Abuse and Neglect Report Form

JLFA - Child Sexual Abuse Prevention and Response

JLFA-E - Suspected Child Sexual Abuse Report Form

 

Policy Adopted: November 17, 2021

Section J – Students

JLIB - Student Dismissal Precautions

JLIB - Student Dismissal Precautions

The Board of Directors seeks to safeguard students by requiring procedures for excusing students from attendance at school or school events. The building principal is directed to develop and implement administrative procedures for dismissing students, subject to the approval of the Superintendent.

Students will be released only to parents, legal guardians, and other persons specifically authorized in writing by parents/legal guardians to pick up the student.  If the building principal/designee has reason to question the authenticity of any communication regarding the release of a student, the parents/guardians shall be contacted for confirmation. The building principal/designee has the authority to deny the release of students to unauthorized or unknown persons. Students who drive to school must present a note from a parent/guardian authorizing them to leave school at any time during the school day and must sign out at the school office. Students over 18 must provide a written reason for leaving school and must sign out at the school office. 

A custodial parent/guardian who wishes the school to comply with provisions of a court order to restrict access to a child is responsible for providing a certified copy of such order to the school. 

In addition, administrative procedures concerning student dismissal shall incorporate the following components: 

A. A procedure for dismissing students in the event of an emergency during the school day;

B. A procedure for dismissing students for illness and other reasons prior to the end of the school day; and

C. A procedure for confirming the identity of parents/guardians and others authorized to pick up students prior to releasing students.


Cross References: EBCA – Crisis Response Plan

JEA – Compulsory Attendance Ages

KI – Visitors to the Schools 


Policy Adopted: August 6, 1969

Policy Revised: November 19, 1975, May 7, 1980, December 18, 1996 and March 1, 2006                                                                                                                                                                                                         

Section J – Students

JRA - Student Education Records and Information

JRA - Student Education Records and Information 

The MSAD #35 School Department shall comply with the Family Educational Rights and Privacy Act (“FERPA”) and all other federal and state laws and regulations concerning confidentiality and maintenance of student records and information. 

A. Directory Information

The MSAD #35 School Department designates the following student information as directory information: name, participation and grade level of students in recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos of student participation in school activities open to the public (except photographs and videos on the Internet). The MSAD #35 School Department may disclose directory information if it has provided notice to parents (and eligible students over 18) and has not received timely written notice refusing permission to designate such information as directory information.

B. Military Recruiters/Higher Education Access to Information 

Under federal law, military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the MSAD #35 School Department must comply with any such request, provided that parents have been notified of their right to make a written request that this information not be released without prior written consent.

C. Health or Safety Emergencies   

In accordance with federal regulations, the School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent. 

D. Information on the Internet 

Under Maine law, the MSAD #35 School Department shall not publish on the Internet any information that identifies a student, including but not limited to the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names, without written parental consent.

E. Transfer of Student Records  

As required by Maine law, the MSAD #35 School Department sends student education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained).

F. Designation of Law Enforcement Unit

The Board hereby designates [choose one of the following options: its School Resource Officer and the Eliot and South Berwick Police Departments as the MSAD #35 School Department’s law enforcement unit. 

G. Administrative Procedures and Notices 

The Superintendent is responsible for developing and implementing any administrative procedures and parent notices necessary to comply with the applicable laws and regulations concerning student education records and information.  Notices shall be distributed annually to parents and eligible students concerning their rights under these laws and regulations. A copy of this policy shall be posted in each school.

 

 

Legal Reference: 20 U.S.C. § 1232g; 34 C.F.R. Part 99, as amended

20 U.S.C. § 7908

20-A M.R.S.A. §§ 6001, 6001-B

Maine Department of Education Rules, Chapters 101 and 125

 

Cross Reference: JRA-R Student Education Records and Information Administrative Procedure

JRA-E Annual Notice of Student Education Records and Information Rights

ILD Student Surveys and Marketing Information

EHB Records Retention Policy

KDB Public’s Right to Know/Freedom of Access

JFABD Education of Homeless Students

 

Policy Adopted: September 17, 2003

Policy Revised: February 10, 2021

Section J – Students

JRA-E1 - Annual Notice of Student Education Records and Information Rights

JRA-E1 - Annual Notice of Student Education Records and Information Rights

The Family Educational Rights and Privacy Act (“FERPA”) provides certain rights to parents and eligible students (18 years of age or older) with respect to the student’s education records.

A.        Inspection of Records

Parents/eligible students may inspect and review the student’s education records within 45 days of making a request. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents/eligible students may obtain copies of education records at a cost of $0.15 cents per page, plus postage.

B.         Amendment of Records

Parents/eligible students may ask the School Department to amend education records they

believe are inaccurate, misleading or in violation of the student’s right to privacy. Such requests must be submitted to the Superintendent or building administrator in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Superintendent or building administrator decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.

C.         Disclosure of Records

The School Department must obtain a parent/eligible student’s written consent prior to disclosure of personally identifiable information in education records except in circumstances permitted by law or regulations as summarized below.

1. Directory Information

The School Department designates the following student information as directory information that may be made public at its discretion: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet).  Parents/eligible students who do not want the School Department to disclose directory information must notify the Building Administrator in writing by September 15th or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in effect unless and until it is rescinded.  (Please reference JRA-E2 and JRA-E3 forms.)

2. Military Recruiters/Institutions of Higher Education

Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School Department must comply with any such request, provided that parents have been notified of their right to make a written request that this information not be released without prior written consent. Parents/eligible students who do not want the School Department to disclose this information without their prior written consent must notify the Building Administrator in writing by September 15th or within thirty (30) days of enrollment, whichever is later. (Please reference JRA-E2 and JRA-E3 forms.)

3. School Officials with Legitimate Educational Interests

Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by the School Department as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); members of the Board of Education; persons or companies with whom the School Department has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and volunteers who are under the direct control of the School Department with regard to education records.

4. Health or Safety Emergencies

In accordance with federal regulations, the School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

5. Other School Units

As required by Maine law, the School Department sends student education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained).

6. Other Entities/Individuals

Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.

D.    Complaints Regarding School Department Compliance with FERPA

Parents/eligible students who believe that the School Department has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:


Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

 

Legal Reference: 20 U.S.C. § 7908

34 C.F.R. § 99.7

20-A M.R.S.A. § 6001

 

Policy Adopted: September 17, 2003

Policy Reviewed: February 10, 2021

Section J – Students

JRA-E2 - Denial of Consent to Release Student Information (Marshwood High School)

(Marshwood High School)

Federal law and regulations pertaining to family educational rights and privacy allow schools, without prior consent, to release at their discretion information from student educational records that has been designated by the school system as “directory information. MSAD #35 has designated the following as directory information: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet).

In addition, the “No Child Left Behind Act of 2001” contains provisions that require that the school unit provide student names, addresses and telephone numbers to military recruiters and institutions of higher learning when requested to do so, unless the student’s parent/guardian or student 18 years of age or older requests in writing that such information not be released. 

If you DO NOT want the information released, please complete the appropriate section of this form and return it to:

Principal, Marshwood High School, 260 Route 236, South Berwick, ME 03908

FOR PARENTS OF STUDENTS UNDER THE AGE OF 18: 

I request that Marshwood High School 

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any military recruiter or military recruiting organization without my prior written consent.

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any institution of higher learning without my prior written consent.

___ NOT release information of any kind, including “directory information,” concerning my son/daughter ______________________ without my prior written consent.


____________________________________        __________________

Parent/Guardian Signature                                 Date


FOR STUDENTS 18 YEARS OF AGE OR OLDER:

I request that Marshwood High School

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any military recruiter or military recruiting organization without my prior written consent.

___ NOT release the name, address, or telephone number of my son/daughter ______________________ to any institution of higher learning without my prior written consent. 

___ NOT release information of any kind, including “directory information,” concerning my son/daughter ______________________ without my prior written consent.


________________________________       ________________

Student Signature                                        Date


Policy revised: February 10, 2021

Section J – Students

JRA-E3 - Denial Of Consent To Release Student Information (For Elementary and Middle Schools)

(For Elementary and Middle Schools)

Federal law and regulations pertaining to family educational rights and privacy allow schools, without prior consent, to release at their discretion information from student education records that has been designated by the school system as “directory information.” MSAD #35 has designated the following as directory information: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet).

If you DO NOT want the information released, please complete this form and return it to your building principal.

___ I request that  _______________ School NOT release information of any kind, including “directory information,” concerning my son/daughter ___________________ without my prior written consent.

 

________________________________________  ________________________

Parent/Guardian Signature                                         Date



Policy revised: February 10, 2021

Section J – Students

JRA-R - Student Education Records and Information Administrative Procedure

JRA-R - Student Education Records and Information Administrative Procedure

This administrative procedure is intended to assist administrators and school staff in complying with the requirements of federal and state statutes and regulations concerning student education records and information, including special education requirements.

A.    Definitions

The following definitions apply to terms used in this procedure.

1. "Act" means the federal Family Educational Rights and Privacy Act (20 U.S.C. §1232g).

2. “Directory information” means the following information contained in an education record of a student: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet). 

3. "Eligible student" means a student who has attained 18 years of age who has not been judged by a court of competent jurisdiction to be so severely impaired that the student is unable to make decisions or exercise judgment on his/her own behalf.

4. When a student attains the age of 18, all rights accorded to parents concerning education records transfer to the eligible student, except that the School Department may continue to disclose education records to a parent without prior written consent if the student qualifies as a dependent under the Internal Revenue Code.

5. "Parent" means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent or guardian provided that there shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless there is evidence of a state law or court order governing such matters as divorce, separation or custody or a legally binding instrument that specifically revokes such rights. 

6. "Education record" means information or data that directly relates to a student and is maintained by the school unit in any medium, including but not limited to handwriting, print, e-mail or other computer media, video or audio tape, microfilm and microfiche. Records of instructional, supervisory and administrative personnel and personnel who support these individuals, which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a temporary substitute for the person who made the record are excluded from this definition, as are grades on peer-graded papers before they are collected and recorded by a teacher.

7. "Student" includes any individual with respect to whom the School Department maintains education records. 

B.    Annual Notification of Rights

Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. The School Department may provide notice through any of the following means: 

1.  Mailing to students’ homes;

2.  Distribution to students to take home;

3.  Publication in student handbooks;

4.  Publication in newsletters or other materials distributed to each parent/eligible student.

C.    Access to Policy and Administrative Procedure

The School Department’s policy on Student Education Records and Information shall be posted in each school. In addition, school administrators shall provide copies of this administrative procedure to parents/eligible students upon request or when a request to inspect or amend records is made. 

D.    Inspection and Review of Education Records

Parents/eligible students may review and inspect their educational records by the following procedure:

1. The parent/eligible student must make a written request to the Superintendent or building administrator to review the records.

2. The Superintendent or building administrator will comply with the request without unnecessary delay and in a reasonable period of time, but in no case more than 45 days after it received the request, and will comply before any IEP Team meeting regarding an Individualized Education Program or any due process hearing relating to the identification, evaluation or placement of the student. 

3. The Superintendent or building administrator may deny a request for access to or copies of the student's education records if there is reasonable doubt as to the legality of the parent-child relationship. Access will be withheld until a determination of legal right to access can be established.

4. All records shall be reviewed in the presence of a school official.

Parents/eligible students may also request to review the following:

1. The School Department’s list of types and locations of education records and titles of officials responsible for the records. 

2. The School Department’s record of disclosures of personally identifiable information (see Section F).  

E.    Requests to Amend Education Records

Parents/eligible students may ask the School Department to amend education records they believe are inaccurate, misleading or in violation of the student’s privacy rights as follows:

1. The parent/eligible student must make a written request to the Superintendent or building administrator to amend the education record. The request must clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.

2. The Superintendent or building administrator shall, within a reasonable period of time after receipt of the request, either amend the record in accordance with the request or inform the parent/eligible student of the School Department’s refusal to amend the record and inform the parent/eligible student of their right to request a hearing. 

3. If the parent/eligible student requests a hearing, it shall be held within a reasonable period of time from the School Department’s receipt of the written request. The parent/eligible student shall be given advance notice of the date, place and time of the hearing. The Superintendent shall designate an individual to conduct the hearing. This individual may be an employee of the School Department so long as he/she does not have a direct interest in the outcome of the hearing. The parent/eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney. 

4. The School Department shall make its decision in writing within a reasonable period of time. The decision of the school shall include a summary of the evidence and the reasons for the decision. 

5. If, as a result of the hearing, the School Department decides that the information is inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall amend the education records of the student accordingly and so inform the parent/eligible student in writing.

6. If, as a result of the hearing, the School Department decides that the information is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, it shall inform the parent/eligible student of their right to include a statement in the student’s education record about the contested information and/or setting forth any reasons for disagreeing with the decision of the School Department.

7. Any statement placed in the student’s education record under the preceding paragraph shall be maintained as long as the record or contested portion is maintained by the School Department. If the education records of the student or the contested portion is disclosed by the School Department to any party, the explanation shall also be disclosed.

F.     Disclosure of Education Records

All disclosures of education records will be made in compliance with federal and state statutes and regulations. The School Department will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent/eligible student unless such disclosure is otherwise allowed by federal and/or state statutes or regulations. The written consent shall include a specification of the records which may be disclosed, the purpose(s) of the disclosure(s), and the identity of the party or parties to whom the disclosure(s) may be made.  

There are several exceptions to the requirement to obtain prior written consent before disclosing education records as follows: 

1. Directory Information. The School Department may make directory information (as described in Section A) public at its discretion unless a parent/eligible student has notified the Building Administrator in writing by September 15th or within thirty (30) days of enrollment, whichever is later. (Please reference JRA-E2 and JRA-E3 forms.)

The School Department may disclose directory information about former students without the consent of the parent/eligible student. 

2. Military Recruiters/Institutions of Higher Education. Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School Department must comply with any such request, provided that parents have been notified of their right to make a written request that this information not be released without prior written consent. Parents/eligible students who do not want the School Department to disclose this information must notify the Building Administrator  in writing by September 15th or within thirty (30) days of enrollment, whichever is later.  (Please reference JRA-E2 and JRA-E3 forms.)

3. School Officials with Legitimate Educational Interests. Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by the School Department as an administrator, supervisor, instructor or support staff member (including health or medical staff and the school unit’s designated law enforcement unit personnel, if any); members of the School Board; persons or companies with whom the School Department has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and volunteers who are under the direct control of the School Department with regard to education records. 

4. Other School Units. Under Maine law (20-A M.R.S.A. § 6001-B), the School Department is required to send a student’s education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records. Consent is not required for the transfer of these records, except for confidential health records.

At the request of the Superintendent of the school unit where a student seeks admission, the student's current or former school administrators shall provide, in a timely fashion, an oral or written report to the Superintendent indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding.

5. Health or Safety Emergency. In accordance with federal regulations, the School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

6. Other Entities/Individuals. Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.

7. Information on the Internet. Under Maine law (20-A M.R.S.A. § 6001), the School Department shall not publish on the Internet any information that identifies a student, including but not limited the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names, without written parental consent. 

G.    Request/Disclosure Record 

  1. The School Department will maintain a record of requests and disclosures of personally identifiable information from the education records of a student. 
  2. Such records do not include disclosures to the parents/eligible student; disclosures made pursuant to written consent of the parents/eligible student; disclosures to school officials; disclosures of directory information; records released pursuant to a subpoena that specifies that the request/disclosure remain confidential; or disclosures to the person who provided or created the record.
  3. The record will include the party requesting the information and the “legitimate interest” the party has in the information. In the case of state and local educational authorities, and federal officials and agencies identified in the FERPA regulations, the record must specify that the records may be subject to further disclosure by these authorities, officials and agencies without consent. 
  4. When disclosures are made under the exception for health or safety emergencies, the record must include the “articulable and significant threat to the health or safety of a student or other individuals that formed the basis of the disclosure” and the parties to whom the information was disclosed. 

H.   Waiver of Confidentiality Rights

A parent/eligible student may waive any of his/her rights regarding confidentiality of education records, but any such a waiver must be in writing and signed by the parent/eligible student. The school may not require that a parent/eligible student waive his or her rights. Any waiver may be revoked, but such revocation shall not apply to any actions taken by the School Department prior to the revocation being received. If a parent executes a waiver, that waiver may be revoked by the student any time after he/she becomes an eligible student. 

I.   Fees for Copying Records

There shall be no charge to search for or retrieve education records of a student. The School Department shall provide copies of education records to parents/eligible students upon request. The cost of producing copies of the record to parents/eligible student will be $0.15 cents per page copied, plus postage. Parents/eligible students who are unable to pay such fees will not be denied access to education records. This fee, however, will not prohibit a parent/eligible student the opportunity to access records if they are unable to pay for copies.  

J.   Maintenance and Destruction of Education Records

The School Department shall maintain education records as required by federal and state statutes and regulations.

1. Records shall be maintained in paper and/or electronic form by personnel who are knowledgeable about the applicable confidentiality and record retention requirements. All records shall be safeguarded from unauthorized access. Student records must be kept in fireproof storage at the school or a duplicate set must be kept off-site.        

2. The School Department shall not destroy any education record if there is any outstanding request to inspect or review such records. 

3. Records of access to education records shall be retained as long as the records themselves.

4. The School Department shall inform parents of students with disabilities when education records are no longer needed to provide educational services to the student or to demonstrate that the school has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parents/eligible student upon their request, or destroyed in accordance with the parent’s request or School Department procedures. 

K.   Complaints 

The United States Department of Education maintains an office that handles complaints about alleged violations of FERPA by local school units. Complaints regarding violations of rights accorded parents/eligible students may be submitted in writing to:

Family Policy Compliance Office

Department of Education

400 Maryland Avenue, S.W.

Washington, D.C.  20202

 

 

Legal Reference: 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (as amended)

20 U.S.C. § 7908

20-A M.R.S.A. § 6001, 6001-B

Maine Department of Education Rules, Chapters 101 and 125

Maine State Archives, Rules for Disposition of Local Governmental

Records

 

Policy Adopted: May 1, 1996

Policy Revised: September 17, 2003. February, 10, 2021

Section J – Students

JICJ - Student Use of Cell Phones and other Electronic Devices

JICJ - Student Use of Cell Phones and other Electronic Devices 

The Board recognizes that many students possess cell phones and other electronic devices.  These devices may not be used in any manner that disrupts the instructional process or violates Board policies or school rules.

Any use of cellular telephones and other electronic devices that violates Board policy, administrative procedure, or school rule is strictly prohibited and may result in confiscation of the device and/or further disciplinary action. This includes, but is not limited to: violations of the student code of conduct, harassment, and cheating. 

MSAD #35 shall not be responsible for the loss, theft or damage to cell phones or other electronic devices that students bring with them to school or school activities or use on school transportation.

The following provisions apply to student use of cell phones and other electronic devices:

A. Students are prohibited from using privately-owned electronic devices including but not limited to cell phones, “smart phones,” “smart watches” (for purposes other than telling time), I-Pods, MP3 players, handheld computers/PDAs, and electronic games at school or during school activities except when the teacher or building principal authorizes use for a specific educational, health or safety purpose.

B. The use of cameras, including camera phones, is strictly prohibited in locker rooms, bathrooms, and other places where privacy is generally expected.  In all other school locations, permission must be granted before photographing, video taping, or recording audio of another person.

C. School administrators may designate appropriate times and places during which I-Pods and other listening devices may be used (e.g., during lunch periods, study halls, or on school buses traveling to school activities).

D. The use of a cell phone or other electronic device in any manner that violates Board policy or school rules is prohibited.  This includes but is not limited to harassment, cheating and violations of the student code of conduct.  If a Board policy or school rule is violated, the teacher or school administrator may confiscate the device for the remainder of the school day.  Student cell phones and other electronic devices may be subject to search if there is reasonable suspicion of a violation.

E. Students who violate Board policy or school rules will be subject to disciplinary consequences which may include:

1. Confiscation of the device until the end of the school day;

2. A conference with the student’s parent/guardian;

3. Exclusion of the device from school for an extended period of time;

4. Penalties up to suspension or expulsion from school, depending upon the nature and circumstances of the violation and the student’s prior disciplinary record; and

5. Referral to law enforcement.

The Superintendent/designee may develop additional rules to implement this policy.  The policy and rules will be communicated to students and parents through the student handbook and/or the student code of conduct.


Cross Reference:

JIC–Student Code of Conduct

JIH–Questioning and Searches of Students


Policy Adopted: December 20, 2023

Section K – Community

Section K – Community

KBF - Parent Involvement in Title I

KBF - Parent Involvement in Title I

The Board endorses the parent involvement goals of Title I and encourages the regular participation by parents/guardians in all aspects of the school system’s Title I programs.

For the purpose of this policy, “parents/guardians” includes other family members involved in supervising the child’s schooling.

District-Level Parent Involvement Policy

In compliance with federal law, MSAD #35 will work with parents’ to develop and distribute a written district-level parent involvement policy.

Annually, parents/guardians will have opportunities to participate in the evaluation of the content and effectiveness of MSAD #35’s parent involvement policy and in using the findings of the evaluation to design strategies for more effective parent involvement and to make revisions to the policy.

School-Parent Involvement Policy

As required by law, each school in MSAD #35 that receives Title I funds shall jointly develop with parents/guardians of children served in the program a school parent/guardian involvement policy, including “School-Parent Compact” outlining the manner in which parents, school staff, and students will share the responsibility for improved student academic achievement in meeting State standards. The school policy will be distributed to parents/guardians of children participating in the school’s Title I programs.

The “School-Parent Compact” shall:

  1. Describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment enabling children in the Title I program to meet the State’s academic achievement standards;
  2. Indicate the ways in which parents will be responsible for supporting their children’s learning, such as monitoring attendance, completing homework, monitoring television watching, volunteering in the classroom, and participating, as appropriate, in decisions related to their children’s education and positive use of extracurricular time; and
  3. Address the importance of parent-teacher communication on an ongoing basis, with at a minimum, parent-teacher conferences, frequent reports to parents, and reasonable access to staff.

Parent Involvement Meetings

Each school receiving Title I funds shall convene an annual meeting, to which all parents/guardians of eligible children shall be invited. This meeting will inform them about the school’s participation in Title I and will involve them in the planning, review, and improvement of the school’s Title I programs and the parent involvement policy.

In addition to the required annual meeting, at least one other meeting shall be held at various times of the day and/or evenings for parents/guardians of students participating in Title I programs.

These meetings shall be used to provide parents with:

  1. Information about programs the school provides under Title I;
  2. A description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency level students are expected to meet;
  3. Opportunities to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children; and
  4. The opportunity to submit comments to the district level if they are dissatisfied with the school-wide Title I program.

Parent Relations

Parents/guardians of children identified for participation in a Title I program shall receive from the  building principal and Title I staff an explanation of the reasons supporting their child’s selection, a set of objectives to be addressed, and a description of the services to be provided. Parents will receive regular reports on their child’s progress and be provided opportunities to meet with the classroom and Title I teachers.  Parents will also receive training, materials, and suggestions as to how they can assist in the education of their children at home.

Delegation of Responsibility

The Superintendent/designee shall be responsible for ensuring that MSAD #35’s Title I plan, programs, and parent involvement policies comply with applicable law and regulations and for developing administrative procedures, as needed, to implement this policy.



Policy Adopted: March 17, 2004

Section K – Community

KCD - Public Gifts/Donations to the Schools

KCD - Public Gifts/Donations to the Schools

The Board may accept, on behalf of MSAD #35, any bequest or gift of money or property valued at more than $500 for a purpose deemed suitable by the Board in accordance with state law. All gifts shall be accepted in the name of MSAD #35 and become the property of the MSAD #35, but may be designated for use in a particular school or department. The Board will officially acknowledge the gifts at a Board meeting and thank the donors in writing.

Only items of legitimate use in the school program shall be accepted. The Board is under no obligation to replace a gift if it is destroyed, lost, stolen or becomes worn out. Gifts may not be accepted if they involve an excessive cost for maintenance, installation or ultimate disposal. If installation is required, the gift shall be installed under the supervision of MSAD #35 personnel. The Board will notify in writing prospective donors if their gift cannot be accepted.

The Superintendent shall implement any administrative procedures necessary to carry out this policy.

 



20-A MRSA § 4005 (ALL)

20-A MRSA § 1705 (CSD)

 

Policy Adopted: November 8, 2006

Section K – Community

KCE - Receiving Education Foundation Funds

KCE - Receiving Education Foundation Funds

Because demands on the educational system may exceed available public funding, the MSAD #35 Board of Directors recognizes that members of the community are often willing to make voluntary contributions that will provide needed additional funds for the school district. The Board therefore approves and encourages the creation of and supports the work of the Marshwood Education Foundation, an independent educational foundation, to actively raise funds that will enhance educational opportunities for our students.

The Board desires to work cooperatively with the Marshwood Education Foundation in determining the purposes for which funds may be used to meet the changing needs of the district and its students.

The Board supports foundation allocations that serve all district school equitably.


Policy Adopted: February 25, 2009

Section K – Community

KDB - Public’s Right To Know/Freedom of Access

KDB - Public’s Right To Know/Freedom of Access

The Board recognizes the importance of a well-informed public to the operations of the school unit. The Board will comply with all applicable sections of Maine’s Freedom of Access Act. 

The Board designates the Superintendent, and to act in the absence of the Superintendent, the Human Resources Director as the Public Access Officer for MSAD #35. 

Except as otherwise provided by statute, all Board proceedings shall be open to the public, any person shall be permitted to attend, and any records or minutes of such proceedings that are required by law shall be made promptly and shall be open to public inspection. 

Board agendas and minutes, proposed and approved Board policies, annual budget reports, student handbooks and Board member Freedom of Access training documentation/certificates shall be available for immediate inspection and/or copying in the Superintendent’s Office. Requests for all other public records shall be made, preferably in writing, to the Superintendent, specifying the records desired for inspection/copying. The Superintendent/designee may request clarification concerning which public record or records are being requested. 

The Superintendent/designee shall acknowledge receipt of a request for inspection and/or copying of public records within five working days of the request.                                                                                              

If the request is denied, the Superintendent/designee shall inform the requestor in writing within five working days of the request and shall state the reason for denial. Otherwise, inspection and/or copying may be scheduled to occur within a reasonable period of time following the request at a time that will not delay or inconvenience the regular activities of the school unit.

The school unit is not required to create a record that does not exist.

ELECTRONICALLY STORED PUBLIC RECORDS

In compliance with the Freedom of Access Act, the school unit will provide access to an electronically stored public record as a printed document or in the medium in which the record is stored, at the requester’s option, except that the school unit is not required to provide access to an electronically stored public record as a computer file if the school unit does not have the ability to separate or prevent the disclosure of confidential information contained in or associated with that file. The school unit is not required to provide access to a computer terminal.

FEES

Except as otherwise provided by law or court order, MSAD #35 may charge fees as follows:                                       

A.    A fee of $0.10 per page to cover the cost of copying. 

B.    A fee of $25.00 per hour after the first two hours of staff time per request to cover the actual cost of searching for, retrieving, and compiling the requested public record. Compiling the public record includes reviewing and redacting confidential information.  

C.    If conversion of a public record into a form susceptible of visual or aural comprehension or into a usable format is necessary, a fee to cover the actual cost of conversion.

D.    A charge for the actual mailing costs to mail a copy of the record.

E.    No fee shall be charged for inspection of public records, unless the record cannot be inspected without being compiled or converted, in which case paragraph B or C applies.

As required by law, the school unit will provide the person making the request an estimate of the time necessary to complete the request and of the total cost and, if the estimated total cost exceeds $30.00, will inform the requestor before proceeding.  If the estimated total cost is greater than $100.00 or if the requestor has previously failed to pay a fee assessed for access to MSAD #35 records, the requestor may be required to pay all or a portion of the estimated cost prior to the search, retrieval, compiling, conversion and copying of the public record.

The Superintendent is directed to develop and implement such administrative procedures as may be necessary to carry out this policy.


 

Cross Reference: BEC – Executive Sessions

GBJ – Personnel Records and Files

JRA – Student Educational Records

 

Policy Adopted: February 12, 2020

Policy Revised: April 26, 2023

Section K – Community

KE - Public Concerns and Complaints

Public Concerns and Complaints - KE

It shall be the policy of the Board of Directors of MSAD #35 to provide ample opportunity for members of the public to access school officials whenever they may have concerns or complaints regarding school operations, school personnel or events. 

It is the goal of this policy:

At the same time, the Board of Directors places trust in its employees and desires to support their actions in such a manner that employees not be subjected to unnecessary, spiteful, or frivolous complaints.

Parents, students, staff and other citizens with complaints or concerns regarding any aspect of MSAD #35 or an employee thereof shall be encouraged to seek a resolution at the lowest possible level. Generally, the first step will be to discuss the matter directly with the employee responsible for the event, operation or action that has created the concern. If this is clearly inappropriate, because of the nature or severity of the complaint, the person initiating the complaint may request a conference with the principal/immediate supervisor to discuss the complaint. The only exceptions are complaints that concern the Board of Directors actions or operations. Such complaints should be addressed to the Board Chair.

If the complaint cannot be resolved at the lowest level, the person initiating the complaint may appeal the decision to the next level (i.e., Supervisor of Buildings, Grounds & Transportation, Principal, Special Education Director, Assistant Superintendent). If the complaint remains unresolved, it may be presented to the Superintendent.  

In situations where a complaint involves the action of an employee, if the complaint is submitted to the Superintendent for resolution, the following process shall be followed:

If the complaint remains unresolved at the Superintendent’s level, the person making the complaint may request that the matter be heard by the Board of Directors. The Superintendent/Board Chair shall determine whether the complaint shall be placed on the agenda. If the complaint is placed on a Board agenda, the Board of Directors will determine the procedural rules for hearing the complaint. The person making the complaint and the person against whom the complaint is made will be invited to attend the meeting. The Superintendent shall provide the Board members with a copy of the complaint and any supporting documents. 

Any such meeting will be held in executive session. Only if the Board of Directors elects to record the meeting will any recording of the meeting be permitted. If a group submits a complaint that is placed on the Board of Directors’ agenda, a delegation of no more than two individuals must be designated to represent the group and to present the complaint to the Board of Directors. At all levels of the complaint process, school employees are required to inform the person making the complaint of his/her right to appeal the decision to the next level. 

This policy shall not be utilized by employees for matters or grievances relating to any term or condition of their employment.  Such matters shall be addressed through appropriate established channels for grievances.

 

Cross-reference:

BEDB – Agenda Preparation and Dissemination

BEDH - Public Participation Policy


Policy Adopted: March 1, 2006

Policy Revised: August 18, 2021

Policy Reviewed: June 28, 2023

Section K – Community

KF - Community Use of School Facilities

KF - Community Use of School Facilities

The Board of Directors of MSAD 35 recognizes that all district facilities are supported largely by local tax dollars, and wishes to allow these buildings and fields to be used by community members. The Board will make school facilities available to community-based organizations for functions that are public, civic, and nonprofit in nature, and that are for the general cultural, educational, and recreational good of the community. Schools shall not be used as a substitute for churches or funeral parlors.

The first priority for the use of school facilities, defined as buildings and grounds, parking lots, playing fields and fixed equipment, shall be for the benefit and enjoyment of the students of MSAD 35 School District. Therefore, regular school programs and school-sponsored events will be given priority over non-school events.  The Board requires that community use of district facilities at no time interfere with the operation of the schools. In addition, all community use of school facilities will be monitored to assure that facilities are not damaged or otherwise misused by individuals or groups.

School facilities are available for public use subject to availability and approval by the MSAD 35 School District.  Building administrators shall schedule all community use of school facilities. In the event that a non-school event has received prior approval, efforts will be made to schedule school programs around that event.

Use of School Equipment

The principal is authorized to approve the loan of school furniture and equipment to district citizens, community groups, or employees for an educational, civic or charitable purpose when the Use of School Equipment Form has been completed and is approved, provided that: 

A. The person/group borrowing the equipment agrees to accept responsibility for repairing or replacing any equipment damaged or lost while in its possession.

B. The equipment is neither unusually expensive nor subject to easy damage.

C. The equipment is in good condition.

D. The person/group will provide a competent operator for any machines loaned.

E. A representative must sign the Use of School Equipment Form.

Motor vehicles, power equipment, tools, district computers, Internet technology and science/laboratory equipment may not be loaned.

 


Policy Adopted: September 1, 1967

Policy Amended: December 2, 1970, October 2, 1974, June 16, 1976, June 17, 1981, January 21, 1987, July 6, 1988, January 19, 1994, May 21, 1997, September 7, 2005 and January 20, 2010

Section K – Community

KF-R Community Use of School Facilities - Procedures

  

KF-R  Community Use of School Facilities - Procedures

All requests for indoor or outdoor facility use or rental shall be addressed to the individual building supervisor in charge of that facility.  The Superintendent or his/her designee is authorized to approve and schedule the use of school facilities by community members subject to the following conditions:

1.     Schedule A  

Use of school facilities shall be granted to Eliot and South Berwick non-profit organizations.  Examples include: Public agencies, Senior citizen organizations, school-related Booster groups, Parent-Teacher groups, Scouts, and other nonprofit organizations.  Use may be granted when an admission fee is charged, provided that there is substantial benefit to the MSAD 35 communities.

Additional charges may be required if a District custodian, cafeteria worker, or Town policeman are required for those events where the building administrator deems those services to be necessary for the safety and well-being of the participants or of the facility itself.

        Please see Schedule A Fee Structure.

2.      Schedule B  

Use of school facilities shall be granted for private use when there is educational value for students. Examples include: tutorial programs, sports camps, music lessons, or other programs deemed by the building administrator to have educational value for MSAD 35 students. 

Additional charges may be required if a District custodian, cafeteria worker, or town policeman are required for those events where the building administrator deems those services to be necessary for the safety and well-being of the participants or of the facility itself.

         Please see Schedule B Fee Structure.

3.     Schedule C

Use of school facilities may be granted to non-community, non-school student groups. Application for such use shall be made to the Business Manager, with approval granted by the MSAD 35 Board of Directors on a case-by-case basis.

Additional charges may be required if a District custodian, cafeteria worker, or town policeman are required for those events where the building administrator deems those services to be necessary for the safety and well-being of the participants or of the facility itself.

         Please see Schedule C Fee Structure.

4. Memorial Services

If requested by the family, use of school facilities for a memorial service for a student or employee may be granted after the event as long as the service takes place in a customary time frame.

5. Prohibited Uses

Community use of school grounds where crowd control might become a problem shall not be granted, i.e. sporting matches, concerts, private parties, weddings, etc.  Car washes are prohibited.  Religious ceremonies, wakes, public viewings, funerals or any events associated with funerals or burials shall be prohibited.

Community Use of School Facilities - Rules and Regulations

The following are rules and regulations governing the use of  MSAD 35 facilities:

  1. All requests for the use of school facilities shall be made on the “Request to Use School Facilities” form, which is available at all school offices.  Building administrators are the delegated authority to approve and schedule requests that do not require Board approval.

  2.  If a school kitchen or kitchen equipment are to be used, it must first be approved by the Food Services Director.  A member of the school cafeteria staff may be required to be present.

  3. School gyms will be available only up to 9:30 PM on weekdays.

  4. Events held on Friday or Saturday will end by 11:00 PM.

  5. Use of tobacco products are not permitted in or on MSAD 35 property.

  6. An adult who signs the application forms must be present for any building use.

  7. The sponsoring organization assumes all responsibility for care of the school property and any damages incurred during the use.  A security deposit may be required on a case-by-case basis.

  8. Payment for the use of MSAD 35 school facilities will be made to the Superintendent of Schools’ office.

  9. No person is to participate in athletics unless proper footwear is worn.

  10. Food and beverages shall be allowed only in approved areas.

  11. No alcohol is permitted on school property.

  12. Misconduct on school property will not be tolerated.

  13. Electrical equipment must be connected to power sources under the supervision of the custodian.

  14. No vehicles shall be parked on school playing fields or lawns.

  15. Additional regulations may be added if deemed necessary by the building administrator.


Fee Structure - Use of School Facilities  

Schedule A                           Schedule B                                 

                                                      (Non-profit)                            (Private Use) 

1.   High School

    Gymnasium                             $25 + Custodian                     $100/hr + Custodian   

    Cafeteria                                 $20 + Custodian                     $100/hr + Custodian/Kitchen Workers

   Stadium Field                          $50/hr + Custodian                 $675/daytime & $750/night (min 4 hrs)+ Custodians  

   Secondary Field                     $50/hr + Custodian                 $500--Daytime only (min 4 hrs)                                                          

2.   Middle School:

     Gymnasium                         $25 + Custodian                       $100/hr + Custodian

     Cafeteria                             $20 + Custodian                       $100/hr + Custodian/Kitchen Workers

     Stadium Field                     $50/day + Custodian                $100/hr + Custodian

   All Other Fields                    $50/day + Custodian                $100/day + Custodian

3.   Great Works School:

      Gymnasium                      $25 + Custodian                       $100/hr + Custodian

      Cafeteria                         $20 + Custodian                        $100/hr + Custodian/Kitchen Workers

4.   Elementary Schools:

      Gymnasium                     $20 + Custodian                        $100/hr + Custodian

      Cafeteria                         $20 + Custodian                        $100/hr + Custodian/Kitchen Workers

5.  All Classrooms:            $20/hr  


Schedule C:  To be determined by the Business Manager on a case-by-case basis.

A school field may be rented for a flat fee of $100.00 per event, provided there is no access to buildings needed. 

These fees may be charged per event.  Custodial fees may be charged as determined by procedure.

District Employees providing private instruction will be charged an annual fee of $25.00.

A security deposit or advanced deposit may be required.


Policy Adopted: June 17, 1981

Policy Amended: June 6, 1984, January 21, 1987, July 6, 1988, January 19, 1994, September 7, 2005 and January 20, 2010

 Equipment Use Form


  Maine School Administrative District #35         South Berwick — Eliot, Maine

Please Print

 Organization Name:______________________________________________________

Type of Organization: School ___ Municipal ___ Private___ Non-Profit___ Profit____ 

Applicant(s) Name: _______________________________   Phone: _________________

Equipment Requested: ____________________________________________________

Pick-Up Date/Time: _____________________ Return Date/Time: _________________  

Type of Type of Activity & How equipment will be used: ________________________

______________________________________________________________________

Name of Person(s) in charge of event: _______________________________________

Mailing Address: _______________________________________________________
Home Phone/Work Phone//Fax: __________/____________/____________________ 

Cell: ____________

Name of Contact Person:_________________________________________________

Home Phone/Work Phone//Fax: __________/________/_____Cell: _______________

I UNDERSTAND MY SIGNATURE ON THIS FORM INDICATES THAT I ACCEPT PERSONAL RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF THIS EQUIPMENT; I ACCEPT THE SCHOOL DEPARTMENT’S DETERMINATION OF THE  VALUE OF SAID EQUIPMENT OR COST OF REPAIRS, AND I AGREE TO MAKE RESTITUTION WITHIN THIRTY (30) DAYS OF RECEIPT OF A BILL.    

Applicant’s Signature:  _________________________________  Date: _______________

OFFICE USE ONLY


Approved _______ / Disapproved ________

Condition of Equipment at time of loan: _________________________________________

Principal Signature: ________________________________________ Date: ____________

Section K – Community

KFB - Community Use: Performing Arts Center

KFB - Community Use: Performing Arts Center

Statement of Purpose

The Wesley E. Kennedy Performing Arts Center belongs to the people of Eliot and South Berwick. The MSAD #35 Board of Directors wishes to make this school facility available to the community for educational, cultural, and civic events.

Recognizing that those using and enjoying our facility will be of all ages and will include school aged children and their siblings, and recognizing that our facilities are educational settings, our school facilities may not be used by individuals or groups that advocate illegal activities, that engage in sexually explicit, indecent, or lewd conduct or speech, or that otherwise threaten to be materially and substantively disruptive.

Marshwood High School and its associated programs shall have first priority for use. Second priority for use shall include all other public schools in the district. In addition, the Board wishes to make the Performing Arts Center available to organizations, municipal groups, and individuals within the district that wish to sponsor appropriate civic, cultural, educational, or recreational activities. Activities sponsored by outside groups will not be scheduled if they interfere with the conduct of school programs. However, once any application for facility use has been approved and the rental obligation met, the booking is considered secure.

Procedure for Securing Use

A. Any individual or group wishing to use the Wesley E. Kennedy Performing Arts Center must complete a Building Use form and submit it to the theater manager at the high school.

B. The theater manager(s) will give scheduling priority to Marshwood High School programs and those programs benefiting its students. All other individuals or groups will be given scheduling priority as listed under categories of users. All building use forms will be approved by the high school administration before booking is secure.

C. Building Use forms must be completed at least two weeks in advance of the scheduled event. Advance requests will be honored with consideration given to the school district’s annual use and will be granted on a first-come, first-serve basis.

D. Use of equipment (i.e. projection equipment, audio visual equipment) will be booked through the theater manager(s). Use of equipment is dependent on availability and rental charges may be applied.

Policy

The Superintendent of Schools, or his/her designee, is the ultimate authority in all matters relating to the rental of facilities.

Categories of Use

  1. Marshwood High School, including programs for high school students and resident programs of MHS; Public schools and their school related organizations within the Eliot/South Berwick  Communities. (No extra custodial, rental, or technical fees will be charged.)
  2. Nonprofit organizations within the towns of Eliot/South Berwick.
  3. Nonprofit organizations located outside the towns of Eliot /South Berwick.
  4. For-profit organizations.

Insurance

The lessee shall provide a certificate of insurance up to the amount of $1,000,000.00 covering the period under contract if required by the facilities manager. The insurance shall name the MSAD #35 District as an additional insured. Generally, a certificate of insurance will be required if a fee is charged for public entertainment and the event is not sponsored by a local school organization or town government organization (Eliot/South Berwick).

Deposit

A rental deposit is required for nonprofit and for-profit organizations. The deposit will be 25% of the applicable fee. (See fee schedule.)

Damages and Losses

The lessee is financially responsible for any damage to the facilities. MSAD #35 is not responsible for loss or damage of articles brought to the facility.

Custodial Services

Custodial services are required for all events. The basic service will be to unlock doors, provide necessary equipment, and clean and secure the facility following use. All equipment to be moved must be done under the supervision of the custodian.

Theater Technician

If light and sound is needed beyond the standard package, as stipulated in additional contract information section, a theater technician must be employed.  (See fee schedule.)

Theater Manager

Required for audiences of 100 or more. (See fee schedule.)

Supervision of Facilities

The lessee is responsible for supervision of those attending the event. Where required by the school administration or by state/local regulations, police protection must be provided at the lessee’s expense.

Cancellation of an Event

The MSAD #35 administration has the sole authority to determine whether the building should be closed for reasons of public safety and will be held harmless in this situation. Notification to the lessee will be made as soon as possible. Contracts in force for periods during which the school is closed for reasons of public safety are cancelled automatically without penalty to either party. Every effort will be made to reschedule any canceled event to a mutually acceptable date.  

Any event canceled by the lessee must be done at least 30 days in advance or the 25% deposit will be forfeited.

Long-term Use

Long-term facilities use will be considered to be two or more successive weeks. Long-term rental of facilities will be considered after it is first ascertained that there will be no detriment to existing programs for this use. If space is available without detriment, space may be rented to groups whose activities are most consistent with the other activities taking place in the building. Therefore, service agencies, educational groups, and youth oriented activities would have preference.

Rental fees will be established that cover operating costs of these spaces (i.e. lights, heat, maintenance, insurance). The rental of a classroom by an individual or private school shall be at the rate established by board policy. Individual contracts for the use and duration of the rental agreement should be prepared and presented to the facilities manager prior to the rental time period.



Policy Adopted: October 29, 2003



Additional Contract Information

Insurance

Insurance coverage is required for each event. Lessees will provide a copy of their certificate of insurance covering the period under contract, naming MSAD #35 as an additional insured for the amount of $1,000,000.00. Generally a certificate of insurance will be required if a fee is charged for public entertainment provided by a producer not affiliated with a local school district or municipal government.

Damages

The lessee will be responsible for any damages to the facility and/or equipment.

Additional charges: Use of the Performing Arts Center includes the lobby, audience restrooms, concession area, seating, stage, basic stage lights (one setup) and house sound (preset PA with two microphones and stands). Additional equipment, setup, or personal services need to be negotiated in advance with the auditorium manager (see fee schedule).

Ushers

The lessee must provide adult ushers in a ratio of 1 per 100 audience members. Ushers must remain in the auditorium during the performance and intermissions. They will insure that members of the audience behave appropriately and do not abuse the facility or detract from the performance.

Security

The administration has the sole right to determine the level of security required for each event. Security expenses are the responsibility of the lessee.

Fire and Safety: The use of any pyrotechnical stage device or any open flame is prohibited except for those specific events approved by the fire department in advance, i.e. induction ceremonies.

Cancellation of an Event

MSAD #35 administration has the sole authority to determine whether the building should be closed for reasons of public safety and will be held harmless in this situation. Notification to the lessee will be made as soon as possible. Contracts in force for periods during which the school is closed for reasons of public safety are canceled automatically without penalty to either party. Every effort will be made to reschedule any canceled event to a mutually acceptable date. Any event canceled by the lessee must be done at least 30 days in advance or the 25% deposit will be forfeited.

Trained Personnel: Presence of trained personnel is required at the discretion of the building administrator. Fees may be charged (see fee schedule). 

Rules of Use

  1. The use of controlled substances, alcohol possession or consumption, and use of tobacco products are prohibited on school property.
  2. The possession of firearms on school property is prohibited except by authorized security personnel. The use of any weapons as stage props must be approved in advance by the administration.
  3. Only authorized technicians will operate the school lighting and sound equipment. The lessee may supply operators but the sound/light booth will not be available without the services of an authorized theater technician.
  4. School authorities have access to the Performing Arts Center at all times and may cancel or terminate an event at any time, if, in their opinion, the event represents a danger to the facility or public safety, or if it is considered unacceptable for public performance.
  5. School authorities have the right to remove unruly persons.
  6. School authorities have the right to enforce all building rules.
  7. No sales of any kind are permitted without permission of the administration.
  8. The lessee will have access only to those areas of the building, which are under contract.
  9. Set construction or painting is permitted only with advance permission and only in approved areas. 
  10. No nails, screws, or tape may be attached to the walls or floors without advance permission. Spike or gaff tape is the only tape that will be approved for use on the stage floor.
  11. No school property may be removed from the Performing Arts Center without advance permission.
  12. All sets, props, costumes must be removed from the premises within one day after the last performance under contract. Some storage may be allowed by special permission of the administration. The school accepts no responsibility for articles left on school property by the lessee.
  13. Photographing, videotaping, filming, and recording are permitted only by special permission of the administration.
  14. FOOD, BEVERAGE AND CHEWING GUM ARE NEVER PERMITTED IN THE PERFORMING ARTS CENTER.
  15. The school will not take responsibility for any equipment shipped to the lessee unless prior arrangements are made.
Section K – Community

KFB - Performing Arts Center Application

Performing Arts Center Application - KFB is linked as a printable PDF below!

-------> KFB-Performing-Arts-Center-Application.pdf


Section K – Community

KFB - Performing Arts Center Application, Requirements and Rate Schedule

Please click the link below for a printable PDF version of this form/article.

------->Performing Arts Center Application, Requirements and Rate Schedule - KFB.pdf

Section K – Community

KFC - Public Conduct on School Property

KFC - Public Conduct on School Property

M.S.A.D. #35’s playgrounds, fields, walkways and other outdoor areas are maintained through public funds. In order to provide for use of outdoor areas when school is not in session while keeping such areas in a condition appropriate for school activities, the Board adopts the following rules for public recreational use:

A. All use of school facilities by groups or organizations must be approved and conducted in accordance with the Board’s facilities use policy, KF.

B. Casual recreational use of school grounds is permitted between sunrise and sundown.

C. Casual use shall not interfere in any way with school activities or activities scheduled through the Board’s facilities use policy.

D. Children should be supervised by an adult at all times.

E. Bicycles and vehicles are limited to parking lots and paved roadways.

F. Only district authorized vehicles and vehicles registered to be driven on the street and driven by a licensed driver may be operated on school property at any time.

G. No smoking/use of tobacco products is allowed on school property.

H. No possession, use, sale, or distribution of alcoholic beverages or illegal substances is allowed.

I. No possession of weapons is allowed.

J.  Only service animals are allowed on school grounds.  Please reference policy ACAC Service Animals in Schools for defined service animals and use of service animals in schools and at school-sponsored events.

K. Litter must be placed in trash barrels.

L. Equipment is to be used properly.

The Superintendent or building administrator/designee may request the assistance of law enforcement as necessary to deal with persons violating this policy.  Local law enforcement authorities will be asked to take notice of persons engaging in illegal or disruptive behavior on school grounds.

 

Cross Reference:

KI - Visitors to the Schools 

Policy Adopted: September 1, 1971

Policy Revised: May 4, 1977, January 19, 1994, July 19, 2013 and April 27, 2022

Section K – Community

KHB - Advertising in the Schools

KHB - Advertising in the Schools

The Board believes that, in general, product advertising and/or endorsement is to be discouraged in the schools. The Board has an obligation to assure that students, who are required by law to attend, are not subjected to commercial messages of any kind without careful analysis of the benefits and risks that pertain in each instance. Since the issue of advertising in the schools can be attended by strong opinions, the Board may seek comments and recommendations from the administration, the professional teaching staff and the community prior to considering any form of advertising in schools, on school grounds or on school buses.

The Board is opposed in principle to accepting any programming, equipment or services that are offered only on the basis of mandatory exposure of students to product advertising. The Board recognizes, however, that in some instances product names, logos or advertising may be acceptable when the programming, equipment or services can be clearly shown to be of significant benefit to the school program. 

The Board reserves the right to consider requests for advertising in the schools, on school grounds or on school buses on a case-by-case basis, except that:

A. 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).

B. Consistent with its efforts to promote a tobacco, alcohol, and drug free environment, the Board will not agree to displays of advertising in school buildings, on school grounds, or on school buses for tobacco products (including “vaping” devices and products), alcoholic beverages, drugs (including prescription and over-the-counter medications), performance enhancing substances, or dietary supplements.

 

Legal Reference: 20-A M.R.S.A. § 6662

Cross Reference: JL –Student Wellness


Policy Adopted: April 27, 2005

Policy Revised: February 12, 2020

Section K – Community

KHB-E1 - Advertising in the Schools Request Form

KHB-E1 - Advertising in the Schools Request Form

Name of Organization _________________________________________________

Contact Person _______________________________________________________

Address _____________________________________________________________

Date _____________ Phone __________________ Email­ _______________________

1.     Please provide a copy of the advertising content for review.

2.     Please describe the advertising proposal including any and all financial arrangements (please be specific). 

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3.     Please specify the location and time frame of advertisements.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4.     Please specify principle participants and organizations.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5.     Please explain the direct benefit of the advertising proposal to students.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6.     Please list and explain any assistance that might be required from the school or district.

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Request was approved or denied (please circle):   Approved or Denied

Signature of Principal after review:  _________________________________ Date______________

CC:  Superintendent of Schools

Section K – Community

KHB-E2 - Scoreboard Advertising Agreement

KHB-E2 - Maine School Administrative District No. 35 Scoreboard Advertising Agreement

This agreement is made this _____________ day of _________________________, __________________________, by and between Maine School Administrative District No. 35 (the “District”) and ____________________________(the “Advertiser”).

Whereas, the District maintains a scoreboard with a digital display (“digital display”) at the Marshwood High School gymnasium; and

Whereas, the Advertiser desires to contract for the display of advertising by digital display;

Now, therefore, in consideration of the mutual promises made herein and other good and valuable consideration, the sufficiency and receipt of which are acknowledged, the Parties hereby agree as follows.

1. Advertising and Rates. Advertiser agrees to purchase the following from the District:

Digital Display Advertising, as more fully described and at the rates set forth in Attachment A hereto

2. Approval of Advertising. All advertising and displays by Advertiser under this agreement shall be subject to approval by the District. The District shall not be responsible in any way for the content of any advertisements or displays of the Advertiser under this Agreement.

3. Payments. Payments for advertising under this agreement shall be made to the order of “Maine School Administrative District No. 35” and delivered to the District’s mailing address Attn: Ryan Cormier. Payment shall be made upon the execution of this Agreement.

4. Term. The initial term of this Agreement shall be for one (1) year, effective ____________________ through ___________________, with first right of refusal to extend the initial term as provided in Section 5 herein.

5. Renewals. Advertiser shall have the first right of refusal to renew this Agreement for an additional one (1) year term on similar terms and conditions and at rates to be established by the District. Advertiser shall notify the District in writing prior to _______________________ of Advertiser’s intent to renew this Agreement.

6. Termination. If either party commits a material breach of the terms of this Agreement and fails to remedy that breach within 30 days of receiving written notice of the breach from the other Party, the non-breaching Party may terminate this Agreement by providing written notice to the breaching Party.

7. Intellectual Property. The Advertiser represents and warrants that any advertising content will not violate or infringe any copyright, trademark, trade name, service mark, or other intellectual property rights of any person or entity.

8. Indemnification. The Advertiser shall indemnify, defend, and hold harmless the District, its officers, employees, and agents from and against any and all claims, actions, demands, losses, damages, and costs, including reasonable attorneys’ fees, arising from performance of this Agreement, by the Advertiser, its officers, employees, agents, contractors, and suppliers.

9. Force Majeure. Neither Party will be liable for performance delays or for non-performance due to causes beyond its reasonable control. This force majeure provision shall not apply to payment obligations under this Agreement.

10. Miscellaneous.

The Advertiser may not grant or assign any rights under this Agreement to any other person or entity without the prior written approval of the District.

Nothing in this Agreement shall be construed to create a relationship of agency, partnership, joint venture, or employment between the Parties.

This Agreement shall be interpreted, governed, construed, and enforced in accordance with the laws of the State of Maine, without regard to any of its conflict of laws principles.

This Agreement, including Attachment A, contains the entire agreement between the Parties in relation to its subject matter, and there are no other agreements or understandings, oral or otherwise, between the Parties at the time of execution of this Agreement. This Agreement may only be amended by a written instrument signed by both Parties.

Each Party represents that its signatories to this Agreement are duly authorized by that Party to execute this Agreement and in doing so bind that Party to its terms.

The headings and subheadings of the sections and paragraphs of this Agreement are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the agreements, terms, covenants, and conditions of this Agreement in any manner.

If any provision(s) of this Agreement is determined to be invalid or unenforceable in whole or in part for any reason, such provision(s) shall be severed and the Parties shall negotiate in good faith to amend this Agreement so as to affect the original intent of the Parties as closely as possible. The remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the full extent permitted by law.

The failure by either Party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that Party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by either Party of a breach be deemed to be a waiver of any subsequent breach. No course of dealing, or any failure to exercise, or any delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No waiver of satisfaction of a condition or nonperformance of an obligation under this Agreement will be effective unless such a waiver is in writing and signed by the Party granting the waiver.

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same Agreement.

In witness whereof, the Parties have executed this Agreement to be effective as of the date first above written.

Advertiser: _________________________________ Signed: ____________________________________________

Address: ____________________________________ Print name: ________________________________________

Phone: ______________________________________ Title: _____________________________________________

Email: __________________________________________


Maine School Administrative District No. 35     Signed: ________________________________________________________


Address: 180 Depot Road                 Print name: Ryan Cormier

               Eliot, ME 03903.                Title: Financial Manager

Phone:    (207) 439-2438

Contact: Ryan Cormier


Adopted: February 12, 2020


ATTACHMENT A

MAINE SCHOOL ADMINISTRATIVE DISTRICT NO. 35 MARSHWOOD HIGH SCHOOL GYMNASIUM SCOREBOARD DIGITAL DISPLAY ADVERTISING

Digital Display Advertising provided by the District under this Agreement shall consist of:

● Logo/text will rotate with other sponsors, facility information and game prompts each time the scoreboard is used for Marshwood High School home events.
● Logo/text for the digital display shall consist of one (1) slide and shall be used for a minimum of a one year period.

The price for digital display advertising shall be $400, payable on the date the Agreement is executed.

All content for the Digital Display Advertising shall be provided by the Advertiser in accordance with specifications and format provided by the District at least 14 days prior to the display date.

The District shall not be responsible for any costs associated with the production of such content. All content to be displayed is subject to the approval of the District. The display advertising shall not contain any material that is inappropriate for display at a public school, in the sole judgment of the District.


Adopted: February 12, 2020

Section K – Community

KHB-R - Advertising in the Schools Procedures

KHB-R - Advertising in the Schools Procedures

This procedure provides guidelines for submission of the Advertising in the Schools Request Form – KHB-E1 and Scoreboard Advertising Agreement Form – KHB-E2.

1. Complete the Advertising in the Schools Request Form – KHB-E1 and/or Scoreboard   Advertising Agreement Form – KHB-E2.

2. Submit the form to the building principal for review and approval/denial.

3. A copy of all approved/denied advertising forms will be submitted to the Superintendent of Schools.

4. Denied advertising proposal requests can be appealed to the Superintendent. 

Applicants should be reminded that the School Board has an obligation to assure that students are not subjected to commercial messages of any kind without careful analysis of the benefits and risks that pertain in EACH instance.

 


Policy adopted: April 27, 2005

Policy revised: February 12, 2020

Section K – Community

KI - Visitors to the Schools

KI - Visitors to the Schools

The School Board encourages the active interest and involvement of parents and citizens in the public schools. In order to avoid interruption of the instructional program and to promote the safety of students and staff, building principals shall institute administrative procedures concerning visitors to the schools. Such procedures shall be subject to the approval of the Superintendent. It is understood that procedures may vary from school to school due to differing considerations such as the age of the students and building layout and location. 

The following general guidelines shall be incorporated in all building-level administrative procedures concerning visitors.

A. The term “visitor” shall apply to any person on school grounds or in school buildings who is not an employee or student of the school unit.

B. All visitors shall report to the main office upon arrival at the school.

C. All visitors who wish to visit classrooms, observe aspects of the instructional program or meet with staff members are expected to schedule such visits in advance. Teachers and other staff may not use instructional time to discuss individual matters with visitors.

D. Individual School Board members shall follow the same procedures as other visitors, and state whether they are visiting the schools on personal business or in connection with Board duties.

E. Visitors shall comply with all applicable Board policies and school rules. Visitors who violate these policies/rules and/or disrupt the safe and orderly operation of the school shall be asked to leave the premises.

F. The building administrator/designee has the authority to refuse entry to school grounds or buildings to persons who do not have legitimate, school-related business and/or who may disrupt the operations of the schools. This may include, but not be limited to, the news media, profit-making businesses, fundraisers and other organizations seeking access to students and/or staff.

G. School staff shall report unauthorized persons on school grounds or in school buildings to the building administrator/designee. Unauthorized persons shall be directed to leave the premises immediately. 

H. The building administrator/designee may request the assistance of law enforcement as necessary to deal with unauthorized persons or violations of the law by visitors to the schools. 



Cross References: BCA – Board Member Code of Ethics

EBCA – Crisis Response Plan

JLIB – Student Dismissal Precautions

JLF – Reporting Child Abuse and Neglect

KLG – Relations with Law Enforcement Agencies

JLCDA - Medical Marijuana in Schools

 

Policy Adopted: December 17, 2008                 

Section K – Community

KLG - Relations with Law Enforcement Authorities

KLG - Relations with Law Enforcement Authorities

The School Board recognizes that a cooperative relationship with law enforcement authorities is desirable for the protection of students and staff, maintaining a safe school environment, and safeguarding school property. 

School administrators and staff shall have the primary responsibility for maintaining proper order in the schools and for disciplining students for violations of Board policies and school rules. However, the Board authorizes the Superintendent/administration to seek the assistance of law enforcement authorities when they believe there is a substantial threat to the welfare and safety of the schools, students and/or staff. The Superintendent/ administration shall 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 law.

The Board strongly discourages law enforcement authorities from using the schools as a venue to arrest and/or interrogate students for activities not related to or affecting the schools. The Superintendent/administration retain the authority to deny law enforcement access to students for non-school-related investigations. 

The Board authorizes the Superintendent and administration to work with local law enforcement authorities to develop administrative procedures to guide interactions between the schools and law enforcement. Such procedures should safeguard the rights of students and parents, be consistent with Board policies, and minimize disruptions to the instructional program. These administrative procedures are subject to the approval of the Board.

The Superintendent shall include law enforcement authorities in the development and implementation of the school unit’s crisis response plan. The Board also encourages the Superintendent/administration to include law enforcement authorities in the development and/or implementation of instructional programs/activities related to student safety.

 


Cross References: KLG-R – Relations with Law Enforcement Authorities Administrative Procedure

KLGA - School Resource Officers/Law Enforcement Authorities

KLGA-R  School Resource Officers/Law Enforcement Administrative Procedure

EBCA – Crisis Response Plan

JICIA– Weapons, Violence and School Safety

JIH –Questioning and Searches of Students

JRA – Student Records


Policy Adopted: November 17, 2004

Policy Revised: April 28, 2021

Section K – Community

KLG-R - Relations with Law Enforcement Authorities Administrative Procedure

KLG-R - Relations with Law Enforcement Authorities Administrative Procedure

The following procedures are intended to guide the involvement of law enforcement authorities in the schools: 

A. Law enforcement officials may enter school premises:

  1. In the event of an emergency endangering student or staff safety;
  2. At the request of school administrators;
  3. When there is a warrant to arrest a student that cannot be executed outside of school hours. School administrators are not obligated to make students or school facilities available to law enforcement for non-school related investigations/arrests;
  4. In exigent circumstances as authorized by law.
  5. Use of facilities per existing memorandum of understanding.

B. School administrators shall attempt to contact the student’s parents/guardians prior to allowing law enforcement authorities to interrogate, search or arrest a student at school, except when there are reasonable grounds to believe that a health or safety emergency requires the interrogation, search or arrest to take place without prior notice.

C. Law enforcement authorities are responsible for ensuring that a student is informed of his/her rights prior to an interrogation, search or arrest conducted by law enforcement authorities.

D. A student may be removed from school by law enforcement authorities when there is a court order, an arrest warrant or when a warrantless arrest is authorized by law. School administrators shall attempt to notify the student’s parents/guardians as soon as possible of the student’s removal from school.

E. School administrators shall release student information to law enforcement authorities only as allowed by the Family Educational Rights and Privacy Act.

 


Cross Reference: JRA – Student Records

KLGA - Relations with School Resource Officers and Law Enforcement Authorities

KLGA-R - School Resource Officers/Law Enforcement Administrative Procedure - KLGA-R


 Policy Adopted: November 17, 2004

 Policy Reviewed/Revised: May 12, 2021

Section K – Community

KLGA - Relations with School Resource Officers and Law Enforcement Authorities

KLGA - Relations with School Resource Officers and Law Enforcement Authorities

The Board recognizes that a cooperative relationship with law enforcement authorities is desirable for the protection of students and staff and in maintaining a safe school environment. The Board hereby officially designates the police officers assigned by the Eliot and South Berwick, ME Police Department to serve as SROs as the law enforcement unit of the MSAD #35 schools. The purpose of the SROs is to enforce local, state and federal laws and to assist in maintaining the physical security and safety of MSAD #35 schools.

In keeping with MSAD #35’s mission, the primary roles of the SROs are to:

A. Provide support and assistance to the school administration and staff to maintain a safe and constructive learning environment;

B. Enforce local, state and federal laws;

C. Serve as a resource to administrators and teachers in planning and providing age-appropriate educational programs that foster respect for the law, an understanding of law enforcement, and safe and healthy behaviors;

D. Serve as a resource to administrators and staff concerning law enforcement and child welfare issues;

E. Assist individual students and their families in addressing issues related to law enforcement and helping students to have a meaningful school experience; and

F. Serve as a liaison between the schools and MSAD #35 in addressing issues of concern to both departments; and

G. Perform other duties referenced in the SROs job description and as assigned by a Memorandum of Understanding.

School administrators and staff have the primary responsibility for maintaining proper order in the schools and for disciplining students for violations of Board policies and school rules. However, the Superintendent and administrators may seek the assistance of an SRO and/or the Eliot and South Berwick Police Department when they believe there is a threat to the welfare and safety of the schools, students and/or staff. The Superintendent and administrators shall also 

inform an SRO and/or the Eliot and South Berwick, ME Police Department when they have reason to suspect that a student or staff member may have violated a state or federal criminal law.

MAINE SCHOOL MANAGEMENT ASSOCIATION

                                                                                          NEPN/NSBA Code:  KLGA

 

In general, the Board discourages SROs and other law enforcement authorities from using the schools as a venue to arrest and/or question students for activities not related to or affecting the schools. The Superintendent and administrators retain the authority to deny access to students for non-school-related investigations.

Under this policy, SROs are considered to be school officials with legitimate educational interests in reviewing educational records in order to perform their professional responsibilities. 

The Board authorizes the Superintendent to develop administrative procedures, in consultation with the Eliot and South Berwick, ME Police Department, to guide interactions between the schools, the SROs and the Eliot and South Berwick, ME Police Department. Such procedures should safeguard the rights of students and parents and be consistent with Board policies. School administrators may also develop appropriate building-level procedures regarding the role and activities of SROs in their schools. All administrative procedures must be consistent with Board policies, as well as the SRO program agreement between the MSAD #35 and the Eliot and South Berwick, ME Police Department, and are subject to approval by the Board.  

 

Legal Reference: 20 USC 1232g; 34 CFR Part 99

 

Cross Reference: EBCA – Comprehensive Emergency Management Plan

JICIA – Weapons, Violence and School Safety

JIH –Questioning and Searches of Students

JKAA - Use of Physical Restraint and Seclusion

JRA – Student Records

KLGA-R -School Resource Officers/Law Enforcement Administrative Procedure

KLG - Relations with Law Enforcement Authorities

KLG-R - Relations with Law Enforcement Administrative Procedure

 

Adopted: April 28, 2021

Section K – Community

KLGA-R - School Resource Officers/Law Enforcement Administrative Procedure

KLGA-R - School Resource Officers/Law Enforcement Administrative Procedure

This administrative procedure provides general guidelines for the conduct of school resource officers (SROs) and other law enforcement authorities in the schools. These guidelines may be modified within legal and lawful limits on a case-by-case basis.

I. SCHOOL PERSONNEL AND SROs: ROLES AND RELATIONSHIPS

A. SROs shall comply with all applicable federal and state laws, Board policies and procedures, school rules and the Eliot and South Berwick, ME Police Department in carrying out their duties and responsibilities. 

B. In general, school administrators and staff are responsible for enforcing Board policies and school rules and for maintaining order in the schools. SROs who observe violations of policies and/or rules may intervene with students to stop the behavior and shall report violations to appropriate school administrators.

C. School administrators and staff may consult with, and request assistance from, SROs in addressing student violations of policies and rules as they deem appropriate.

D. School administrators and staff will notify the SRO if they have reason to believe that a student has committed a crime or if they obtain evidence of illegal activities, e.g., those involving possession of weapons, assault, drugs, or alcohol.

E. School administrators may request the assistance of SROs in enforcing Board policies, school rules, and federal/state laws with visitors and intruders on school property.

F. Unless responding to an emergency involving health or safety, SROs shall consult with an appropriate school administrator prior to requesting additional law enforcement assistance on school property.

G. SROs are expected to maintain the same standards of professional conduct as other school personnel in their interactions with staff, students, parents, and community members.

II. INVESTIGATIONS, QUESTIONING, AND SEARCHES OF STUDENTS FOR SCHOOL RELATED PURPOSES

There are some types of conduct that are prohibited by Board policy and school rules that are also punishable under criminal law, e.g., bomb threats, drug offenses, assaults, and possession of weapons. When a particular act is a both  a violation of Board policy/school rules and a crime, the disciplinary investigation by school administrators and the criminal investigation by law enforcement authorities will often occur simultaneously. When practicable, school administrators and law enforcement authorities should coordinate their investigations.

Whenever practicable, investigations, questioning, and searches of students for school-related conduct that may violate both Board policies/school rules and the law will be conducted jointly by a school administrator and the SRO.

A. Evidence of violation of state and/or federal laws will be turned over to the SRO, unless such disclosures are otherwise prohibited by FERPA or other applicable law.

B. Since police investigative reports and witness statements obtained by policy may not always be available to school administrators, the school administrator shall prepare and maintain his/her own records and reports concerning school-related investigations. 

C. SROs and other law enforcement officials are responsible for complying with applicable laws and police/law enforcement agency procedures concerning questioning, searches, and arrests for juvenile suspects (if the student is under 18) or adult suspects (if the student is over 18).

III. INVESTIGATIONS, QUESTIONING, AND SEARCHES OF STUDENTS FOR NON-SCHOOL RELATED PURPOSES

A. In general, SROs and law enforcement authorities are discouraged from using the schools as a venue for questioning and searching students for alleged violations of state or federal laws that are not related to the schools. 

B. Exceptions will be made by the administration in the event of an emergency that endangers student or staff safety or in other exigent circumstances as authorized by law. Other exceptions may be made on a case-by-case basis after consultation between the Superintendent/designee and law enforcement authorities.                                                                                           

IV. ARRESTS OF STUDENTS AT SCHOOL

A. In general, SROs and other law enforcement authorities are discouraged from arresting students at school for non-school-related activities.

Exceptions to the above will be made by the administration in the event of an emergency that endangers student or staff safety or in other exigent circumstances as authorized by law. Other exceptions may be made on a case-by-case basis after consultation between the Superintendent/designee and law enforcement authorities. Whenever practicable, law enforcement authorities should contact the school administrator before making an arrest at school. 

B. A student may be removed from school by an SRO or other law enforcement official when there is a court order or an arrest warrant, or when a warrantless arrest is authorized by law. As soon as possible, the school administrator shall attempt to notify the student’s parent/guardian of the student’s removal from school. 

V.  CONFIDENTIALITY OF STUDENT INFORMATION AND RECORDS

A. School administrators may release personally identifiable student information contained in education records to SROs and other law enforcement authorities in accordance with the requirements of the federal Family Educational Rights and Privacy Act (FERPA) and other applicable laws.

B. SROs are considered to be school officials with legitimate educational interests in reviewing educational records in order to perform their professional responsibilities.

C. SROs are expected to maintain confidentiality of personally identifiable student information in accordance with applicable laws, Board policies and procedures, and school rules.

           

 

Cross references: JKAA Use of Physical Restraint and Seclusion
KLG  Relations with Law Enforcement Authorities

KLG-R Relations with Law Enforcement Authorities Administrative Procedure

KLGA School Resource Officers/Law Enforcement Administrative Procedure

 

Adopted: April 28, 2021

Section L – Ed Agency Relations