Documents and Forms
Non-Discrimination Notices
Norton Public Schools continues to address safety related procedures in order to increase awareness and understanding of civil rights granted to us by law. The following are summarized below:
- Title I of the Americans with Disabilities Act of 1990:
Prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in the areas of employment. (Coordinator: Mrs. Jennifer O’Neill, Assistant Superintendent for Teaching and Learning)
- Title II of the Americans with Disabilities Act of 1990:
Prohibits discrimination, exclusion from participation, and denial of benefits on the basis of disability in the areas of educational programming. (Coordinator: Mrs. Jeanne Sullivan, Director of Pupil Personnel Services)
- Title VI of the Civil Rights Act of 1964:
Prohibits discrimination, exclusion from participation, and denial of benefits based on race, color, or national origin. (Coordinator: Mrs. Jennifer O’Neill, Assistant Superintendent for Teaching and Learning)
- Title IX of the Education Amendments of 1972:
Prohibits discrimination, exclusion from participation, and denial of benefits in educational programs on the basis of sex. (Coordinator: Mrs. Jeanne Sullivan, Director of Pupil Personnel Services)
- Section 504 of the Rehabilitation Act of 1973:
Prohibits discrimination, exclusion from participation, and denial of benefits in educational programs on the basis of sex. (Coordinator: Mrs. Jennifer O’Neill, Assistant Superintendent for Teaching and Learning)
- Chapter 76, Section 5 of the Massachusetts General Laws:
Prohibits discrimination in all public schools on the basis of age, race, color, national origin, sex, disability, religion, or sexual orientation. (Coordinator: Mrs. Jeanne Sullivan, Director of Pupil Personnel Services)
As an educational institution, the Norton Public Schools is committed to creating and maintaining schools that prevent discrimination of all types at the same time as it ensures the health and safety of all who work and learn in the system. Please take time to review this material in depth.
Norton Public Schools Appointed Coordinators 21-22
Title I, Section 504 and Title VI:
Mrs. Jennifer O’Neill
Assistant Superintendent for Teaching and Learning
Norton Public Schools (Henri A. Yelle Elementary School)
64 West Main Street, Norton, MA 02766
508-285-0100 x2 | Option 2
Title II, Title IX and Chapter 76, Section 5 MGL:
Mr. Vincent Cerce
Director of Pupil Personnel Services
Norton Public Schools (Henri A. Yelle Elementary School)
64 West Main Street, Norton, MA 02766
508-285-0100 x3 | Option 3
Harassment Officers:
Mrs. Martha Clark
Norton High School 508-285-0160
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Mr. Eric Paulus
Norton High School 508-285-0160
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Ms. Elizabeth Simone
District
508-285-0100 x4 | Option 2
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Non-Discrimination Notice and Civil Rights and Safety Information
For School Personnel, Parents, and Students
STATEMENT
It is the role of the Norton Public Schools to provide a safe and secure learning environment for all its students without distinction based on race, religion, ethnicity, disability, gender, or sexual orientation. Discrimination, sexual and bias-motivated harassment, and violations of civil rights disrupt the educational process and will not be tolerated.
It shall be a violation for any pupil, teacher, administrator, or other school personnel to engage in sexual or bias-related harassment (referred to as “wrongful harassment”) or violate the civil rights of any pupil, teacher, administrator, or other school personnel. Conduct amounting to hate crime is a particularly serious infraction that will result in referral to law enforcement agencies.
The school will act to investigate all complaints, either formal or informal, verbal or written, of sexual or bias-related harassment or violations of civil rights and will take appropriate action against any pupil, teacher, administrator, or other school personnel who is found in violation.
COMMITMENT TO PREVENTION
This institution is committed to prevention, remediation, and accurate reporting of bias incidents and civil rights violations, to the end that all students can enjoy the advantages of a safe and tolerant learning environment where individual differences are respected. The school undertakes to engage in activities and programming such as training of all school personnel, intended to foster respect for diversity, civil rights, and non-violence in school settings.
ZERO TOLERANCE FOR KNOWN CIVIL RIGHTS VIOLATIONS,
REQUIRED REPORTING, AND INTERVENTION TO STOP HARASSMENT
- School employees must intervene in ongoing civil rights violations and episodes of wrongful harassment whenever witnessed or reported, to the extent intervention can be done safely. School employees must report a civil rights violation or episode or wrongful harassment to the school civil rights administrator. Designated administrators must intervene in ongoing matters of civil rights violations and episodes of wrongful harassment, summoning assistance as necessary.
- The primary objective of school intervention in a civil rights matter is to put a swift end to, and prevent any recurrence of, any wrongful conduct, so as to ensure the safety of all students and a school environment free of wrongful harassment and civil rights violations. Intervention should be undertaken immediately, as needed on a short-term basis, and more comprehensively once a civil rights violation has been found to have occurred. The school will take all necessary steps within its authority to implement the objective of stopping continuing civil rights violations and wrongful harassment, and restoring and preserving an environment free of such conduct.
- Effective, and if need be, escalating measures should be used to definitively stop harassment and violence. School officials should immediately consider and use regular administrative actions to defuse a civil rights situation wherever possible; separating victim or complainant and offender, ordering the offender to stay away from the victim, or assigning additional security. Relevant school disciplinary hearings should begin and proceed on an expedited basis where there is a threat of ongoing interference with civil rights. Disciplinary action appropriate to the offender’s conduct should be taken when a violation is found. Potential criminal conduct should be reported to law enforcement, and legal remedies pursued as necessary to protect civil rights.
DESIGNATION OF CIVIL RIGHTS ADMINISTRATORS
The principal of each school will act as or designate at least one employee whose responsibility it will be to respond to matters of civil rights that arise in the school setting. The principal or designee shall be given a title and prominently identified as available to receive reports and complaints of civil rights violations from students, faculty, or staff. The designee will receive specialized civil rights training and take responsibility for upholding school civil rights and safety policies. The designee will also serve as a liaison with law enforcement agencies and assist (the principal and superintendent) in making referrals of possible criminal matters to law enforcement.
IDENTIFICATION OF PROHIBITED CONDUCT
- DEFINITIONS:
- BIAS INCIDENT means any act, including conduct or speech, directed at or which occurs to a person or property because of actual or perceived race, religion, ethnicity, disability, gender, or sexual orientation. A bias incident may or may not be a criminal act.
- BIAS INDICATORS are objective facts and circumstances which suggest that an action was motivated in whole or in part by a particular type of bias.
- BIAS MOTIVES recognized by Massachusetts law as causing hate crimes include prejudice based on race, religion, ethnicity, disability, gender, and sexual orientation.
- CIVIL RIGHTS VIOLATIONS involve interfering by threats, intimidation, or coercion, with someone’s enjoyment of constitutional or statutory rights. Rights protected against interference include non-discrimination in access to advantages and privileges of a public school education. The term “civil rights violation” also covers bias-related and sexual harassment and bias crimes, so the term is applied generically to any civil or criminal law infractions.
- DISCRIMINATION consists of actions taken against another(s) which treat them unequally because of race, religion, national origin, disability, sexual orientation, or gender bias
- HARASSMENT consists of unwelcome verbal, written, or physical conduct targeting specific person(s), which is sufficiently severe, persistent, or pervasive to create an intimidating, hostile, humiliating, or offensive school environment, or substantially interfere with the progress of a student’s education
- BIAS-RELATED HARASSMENT will present bias indicators, most commonly epithets: name-calling derogatory to a particular racial, religious, or sexual orientation group.
- SEXUAL HARASSMENT covers instances of physical or verbal conduct of a sexual nature, not limited to but including sexual advances, which foster a hostile educational environment for the victim.
- HATE CRIMES include any criminal acts to which recognized types of bias motives are an evident contributing factor. Criminal bias-motivated conduct entails, at a minimum, threats. Criminal conduct includes acts putting someone in fear of immediate physical harm (assaults), and actual physical violence (assault and battery), and grows most serious if a victim suffers any bodily injury. Repeated threatening or menacing actions like following someone can amount to the crime of stalking.
- HOSTILE ENVIRONMENT exists when a student has been or is subjected to threats, intimidation, or coercion by another (or others) or is unreasonably in fear for his or her safety. Whether a school environment has become hostile must be evaluated based on the totality of the circumstances. Repeated instances of bias-related and sexual harassment create a hostile environment for the victim. A single act of harassment can also create a hostile or intimidating environment if sufficiently severe. A hostile environment does not necessarily entail that a student exhibits quantifiable harm, such as a drop in grades.
- STALKING, a felony, consists of intentional conduct involving 1) two or more acts directed at a specific person, 2) which would cause an average person substantial distress, 3) where the perpetrator has made threats causing the targeted person fear of death or injury.
- COMMON BIAS INDICATORS:
- Bias-related oral comments or epithets
- Bias-related markings, drawings, or graffiti
- Use of bias-related symbols
- No clear economic motive for an assault and battery
- Crime involving disproportionate cruelty or brutality
- Offender history of crimes with similar modus operandi and victims of the same group
See G.L. 22C, Sec. 33; 501 CMR 4.04 (1) (the Hate Crimes Reporting Act, Classification Criteria).
- EXAMPLES OF CIVIL RIGHTS VIOLATIONS AND BIAS INCIDENTS:
- Unwelcome verbal, written, or physical conduct directed at the characteristics of a person’s race or color, such as nicknames emphasizing stereotypes, racial slurs, comments on manner of speaking, and negative references to racial customs (racial and color harassment).
- Unwelcome verbal, written, or physical conduct, directed at the characteristics of a person’s religion, such as derogatory comments regarding surnames, religious tradition, or religious clothing, or religious slurs, or graffiti (religious harassment).
- Conduct directed at the characteristics of a person’s national origin, such as negative comments regarding surnames, manner of speaking, customs, language, or ethnic slurs (national origin harassment).
- Conduct directed at the characteristics of a person’s sexual orientation – actual, perceived, or asserted – such as negative name-calling and imitating mannerism (sexual orientation harassment).
- Conduct directed at the characteristics of a person’s disabling condition, such as imitating manner of speech or movement, or interference with necessary equipment (disability harassment).
- Physical conduct putting someone in fear of imminent harm, coupled with name-calling of a bigoted nature (crime of assault).
- Repeated, purposeful following of someone, coupled with evident bias against the victim’s actual or perceived group status (civil rights violation or crime of stalking).
- Painting swastikas on walls or other public or private property (crime of vandalism).
- Hitting someone because of their actual or perceived group status (crime of battery).
- SCOPE OF INFORMATION:
This information applies to bias crimes, civil rights violations, bias incidents, and bias-related harassment occurring on school premises or property, or in the course of school-sponsored activities, including those outside of school if there is a detrimental effect on the school or educational climate.
PROCEDURES FOR RESPONDING TO AND INVESTIGATING INCIDENTS
- Whenever a staff person witnesses, or some third party reports, a possible civil rights violation, the school’s designated civil rights administrator must be notified. The school’s civil rights designee, in conjunction with school safety personnel and the principal’s office, should immediately begin an investigation. In an emergency, 911 must be called.
- A student coming forward to report a civil rights violation s/he has experienced should be directed to the school’s designated civil rights administrator, after any emergency needs are attended. Consideration should be given to whether any immediate or interim steps are necessary to ensure the safety of an avert retaliation against the complainant.
- The investigation must determine whether a civil rights violation has in fact occurred. An immediate aim of the investigation should be preservation and gathering of evidence from the scene of an incident. Bias-related graffiti should be photographed then removed. The investigator should seek to interview all victims and witnesses at the scene, or as soon thereafter as possible, then interview others who may have relevant knowledge as well. The investigation may also consist of any other methods and documents deemed relevant and useful.
- All the circumstances as found should be carefully evaluated for the presence of bias indicators that would characterize the matter as a civil rights violation. The investigation should make a finding as to whether a civil rights infraction in violation of this policy has occurred based on the definitions of wrongful conduct supplied at Section 6.
CONSEQUENCES FOR CIVIL RIGHTS VIOLATIONS AND FAILURES TO ACT AS REQUIRED
- Non-disciplinary corrective actions:
Potential civil rights violations can be addressed with steps that are not punitive in character, without the necessity of disciplinary proceedings. These steps generally lie within the ordinary discretion of principals and school officials. Examples of non-disciplinary actions that may be appropriate in some instances include counseling, assignment to participate in a diversity awareness training program, separating offender and victim, parent conferences, and special work assignments such as a composition on a civil rights-related subject.
- Disciplinary Proceedings:
Violations of the civil rights of a student or school employee which are found to have occurred after a hearing warrant the imposition of sanctions up to and including suspension and expulsion (for students), and suspension or termination (for employees). Disciplinary actions will be taken toward the goals of eliminating the offending conduct, preventing reoccurrence, and reestablishing a school environment conducive for the victim to learn. The school may consider completion of a youth diversion program as a sanction for student violators, standing alone or in conjunction with other disciplinary actions, for violations of civil rights.
- Failure to Act by Administrators and Teachers:
Upon completion of information dissemination, administrators and teachers have a duty to act to stop witnessed sexual or bias harassment and hate crimes, as safely as can be done; and report occurrences to the civil rights administrators and sometimes the police. A clear failure to act as this policy would direct should in the first instance entail that the individual undergo further training in hate crimes, diversity issues, and the requirements of school policy. The school administration will develop further sanctions and actions to address repeated instances of a failure to act in accordance with this policy.
COMMITMENT TO NON-RETALIATION
To secure the unimpeded reporting of bias activity called for in this information, the Norton Public Schools will deal seriously with any and all threats or acts of retaliation for the good faith filing of a complaint. Actual or threatened retaliation for the reporting of a civil rights matter constitutes a separate and additional disciplinary infraction warranting corrective actions. If conduct amounts to stalking, a mandatory referral to law enforcement will be made. Staff will monitor the situations of victims/complainants carefully to ensure that no threats or acts of reprisal are made. Appropriate and immediate non-disciplinary administrative actions to mitigate possible or actual retaliation may also be taken, to the extent administrators have discretion to act.
REFERRAL TO LAW ENFORCEMENT
Whenever a school employee has reason to believe that a potential hate crime has been, or is about to be committed, s/he should notify the school civil rights designee and, especially in an emergency, the local police. The civil rights designee has chief responsibility for notifying the police of potential hate crimes in non-emergency situations; the referral is mandatory whenever a probably hate crime is at issue.
DOCUMENTATION REQUIREMENTS
- Recordkeeping:
The designated civil rights administrator will be responsible for keeping records of all civil rights violations and hate crimes reported for the school. These records shall be grouped according to school year and grade. In addition to recording the particulars of the incident itself, the system should record the actions taken in response and the results of the investigation and intervention. The civil rights administrator shall keep this information gathered at a central place such as a school civil rights office.
- Monitoring and Tracking to Identify Patterns:
Records should be maintained so as to permit administrators to detect patterns in civil rights violations, repeat offenders, and problem locations. Responsive action should be tailored based on the pattern information that records reveal.
DISSEMINATION OF INFORMATION AND TRAINING
- This information shall be conspicuously posted throughout each school building in areas accessible to pupils and staff members.
- This information shall appear in the faculty and student handbook.
- The school district will provide instruction in the provisions of this information to teachers, other employees, and students.
- This information shall be reviewed at least annually for compliance with state and federal laws.
Additional Information: SECTION 504 OF THE REHABILITATION ACT
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with a disability in any program receiving federal financial assistance. In order to fulfill obligations under Section 504, the Norton Public School District has the responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability should knowingly be permitted in any of the programs and practices of the school system.
The Norton Public School District has the responsibility under Section 504 to identify, evaluate, and if the student is determined to be eligible under Section 504, to afford access to appropriate educational services.
If the parent or guardian disagrees with the determination made by the professional staff of the school district, s/he has the right to a hearing with an impartial officer.
The Family Educational Rights and Privacy Act (FERPA) also specifies rights related to educational records. This Act gives the parents or guardian the right to: (1) inspect and review his/her child’s educational records; (2) make copies of these records; (3) receive a list of the individuals having access to those records; (4) ask for an explanation of any item in the records; (5) ask for an amendment to any report on the grounds it is inaccurate, misleading, or violates the child’s rights; and (6) request a hearing on the issue if the school refuses to make the amendment.
Questions should be directed to the designated Section 504 Coordinator via the Superintendent’s Office.
Additional Information: NOTICE OF NON-DISCRIMINATION
The Norton Public School District is committed to compliance with the Americans with Disabilities Act (ADA). The district intends to ensure that the individuals with disabilities whether they are employed, apply for a position, or visit facilities within the schools are treated fairly and given an equal opportunity to access facilities, programs, activities, and employment.
It is unlawful for the Norton Public School District to discriminate on the basis of disability against a qualified individual with a disability in regard to:
- Recruitment, advertising, job application, and employment procedures.
- Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff termination, right of return from layoff, and rehiring.
- Rates of pay or any other form of compensation and changes in compensation.
- Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.
- Leaves of absence, sick leave, or any other leave.
- Fringe benefits available by virtue of employment, whether or not administered by the covered entity.
- Selection and financial support for training including apprenticeships, professional meetings, conferences, and other related activities and selection for leaves of absence to pursue training.
- Activities sponsored by a covered entity including social and recreational programs.
- Any other term, condition, or privilege of employment.
The Norton Public Schools will not isolate individuals with disabilities, discriminate on the basis of disabilities through contracts, avoid using qualification standards, criteria, methods of administration, or tests that discriminate against individuals with disabilities, avoid not making reasonable accommodations to an otherwise qualified individual with a disability.
The ADA requires that the district focus on the ability, not the disability, of the individual. The Norton Public Schools will consider reasonable accommodations providing the individual can perform essential functions of the position. It is not required, however, to give preferential treatment to individuals with disabilities or lower the expected standards of performance.
The Norton Public Schools is committed to meeting the intent and spirit of ADA. All employees are urged to help meet this goal. If anyone believes that the Norton Public Schools has discriminated against him/her or someone else on the basis of disability, or if anyone has questions or concerns about the system’s responsibilities in this regard, please contact the Section 504/ADA Coordinator through the Superintendent’s Office.
APPENDICES TO POLICY
RESPONSIBILITIES OF SCHOOL PERSONNEL AND STUDENTS IN RELATION TO WITNESSED OR REPORTED BIAS INCIDENTS
- All Personnel and Students:
- Report bias incidents and civil rights violations to school civil rights administrators.
- Be familiar with basic facts about hate and hate crimes, so as to be able to identify bias incidents and have an understanding of the dynamic.
- Challenge biased attitudes and behavior whenever encountered in school and outside.
- Report hate crimes to police and summon help in an emergency.
- Uphold school civil rights and safety policies and remain vigilant and alert for violations.
- Take responsibility so as to make a difference in stopping hate, finding and creating individual and group opportunities for action and involvement.
- Teachers Only:
- Set guidelines for classroom behavior to avoid hurt feelings and promote respect.
- Respond to and challenge insensitive behaviors like name-calling and exclusion of children who are different.
- Instruct against hate and prejudice, where this message is apropos, to classroom subjects and lessons.
- Look for and help implement proactive programs and strategies to promote tolerance and stop hate conduct.
- School Staff Specifically:
Challenge and try to stop bias incidents when witnessed or encountered in progress, if a safe opportunity is presented.
- Civil Rights Designees Specifically:
- Be available to receive reports of civil rights violations from students, faculty, and other administrators.
- Respond promptly to a report of a civil rights violation by intervening, if possible, ensuring that students are safe and free from harassment, and by starting an investigation and quickly ascertaining the facts.
- Put a stop to ongoing harassment immediately and effectively, and refer victims to support services and resources available in the area.
- Take remedial, corrective, and disciplinary action as the circumstances established by the investigation, school policies, and the Code of Conduct, warrant.
- Take steps to avert retaliation against students who report civil rights violations and act immediately to ensure student safety and freedom from harassment.
- Communicate and coordinate efforts with police on a regular, ongoing basis, and develop a working partnership with police officers assigned to schools and civil rights issues.
- Undergo specialized training to maintain knowledge of hate crimes and civil rights issues as they affect schools.
- Coordinate school prevention programming and activities, drawing on available resources and tools.
FEDERAL AND MASSACHUSETTS LAWS BEARING ON HARASSMENT AND BIAS CRIMES IN SCHOOL SETTINGS
- Title VI, 42 U.S.C. Sec. 2000 et seq. (prohibition of discrimination based on race, color, or national origin).
- Title IX, 20 U.S.C. Sec. 168 et seq. (prohibition of discrimination based on sex or gender).
- Title II of the Americans with Disabilities Act, 42 U.S.C. Sec. 12134 (prohibition of discrimination based on disability).
- G.L. c. 71, Sec. 37H (student handbooks required to state disciplinary measures applicable to “violations of other students’ civil rights”).
- G.L. c. 76 Sec. 5 (prohibition of discrimination “on account of race, color, sex, religion, national origin or sexual orientation”, in access to “advantages, privileges and courses of study of {local} public school”).
- G.L. c. 151C (Fair Education Practices Act, includes prohibition of sexual harassment).
- G.L. c. 214, Sec. 1B (right of privacy).
- G.L. c. 214 Sec. 1C (right of freedom from sexual harassment).
- G.L. c. 12, Sec. 11H and 11I (prohibition of threats, intimidation, or coercion interfering with someone’s legal rights).
- G.L. c. 265, Sec. 37 (criminal penalties for the use of force or threats to interfere with someone’s legal rights).
- G.L. c. 265, Sec. 39 (increasing penalties for assaults, batteries, and property damage motivated by bias o grounds of race, religion, ethnicity, disability, and sexual orientation).
- G.L. c. 266, Sec. 127A (criminal penalties for vandalism of a school).
Policies
Updated Restraint Procedures
The Norton Public Schools complies with the Massachusetts Department of Elementary and Secondary Education Prevention of Physical Restraint of Students regulations and the reporting requirements to be completed if it becomes necessary to use physical restraint (603 CMR 46.00).
46.02 Definitions
As used in 603 CMR 46.00, the following terms shall have the following meanings:
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Commissioner shall mean the commissioner of the Department of Elementary and Secondary Education appointed in accordance with G.L. c.15, §1F, or his or her designee.
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Consent shall mean agreement by a parent who has been fully informed of all information relevant to the activity for which agreement is sought, in his or her native language or other mode of communication, that the parent understands and agrees in writing to carrying out of the activity, and understands that the agreement is voluntary and may be revoked at any time. The agreement describes the activity and lists the records (if any) which will be released and to whom. In seeking parental consent, a public education program shall not condition admission or continued enrollment upon agreement to the proposed use of any restraint.
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Department shall mean the Department of Elementary and Secondary Education.
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Mechanical restraint shall mean the use of any device or equipment to restrict a student's freedom of movement. The term does not include devices implemented by trained school personnel, or utilized by a student that have been prescribed by an appropriate medical or related services professional, and are used for the specific and approved positioning or protective purposes for which such devices were designed. Examples of such devices include: adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; restraints for medical immobilization; or orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
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Medication restraint shall mean the administration of medication for the purpose of temporarily controlling behavior. Medication prescribed by a licensed physician and authorized by the parent for administration in the school setting is not medication restraint.
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Parent shall mean a student's father, mother, or legal guardian or person or agency legally authorized to act on behalf of the student in place of or in conjunction with the father, mother, or legal guardian.
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Physical escort shall mean a temporary touching or holding, without the use of force, of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is agitated to walk to a safe location.
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Physical restraint shall mean direct physical contact that prevents or significantly restricts a student's freedom of movement. Physical restraint does not include: brief physical contact to promote student safety, providing physical guidance or prompting when teaching a skill, redirecting attention, providing comfort, or a physical escort.
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Principal shall mean the instructional leader or headmaster of a public education school program or his or her designee. The board of directors of a charter school or virtual school, or special education school or program approved under 603 CMR 28.09, shall designate in the restraint prevention and behavior support policy who will serve as principal for purposes of 603 CMR 46.00.
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Prone restraint shall mean a physical restraint in which a student is placed face down on the floor or another surface, and physical pressure is applied to the student's body to keep the student in the face-down position.
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Public education programs shall mean public schools, including charter schools, virtual schools, collaborative education programs, and the school day of special education schools approved under 603 CMR 28.09, as provided in 603 CMR 18.05(5)(h), and school events and activities sponsored by such programs. The term "programs" may be used in 603 CMR 46.00 to refer to "public education programs." For purposes of 603 CMR 46.00, public education programs shall not include the educational services provided within the Department of Youth Services, Department of Mental Health, Department of Public Health, and County Houses of Correction operated or contracted facilities.
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School Working Day shall mean a day or partial day that students are in attendance at the public education program for instructional purposes.
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Seclusion shall mean the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. Seclusion does not include a time-out as defined in 603 CMR 46.02.
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Time-out shall mean a behavioral support strategy developed pursuant to 603 CMR 46.04(1) in which a student temporarily separates from the learning activity or the classroom, either by choice or by direction from staff, for the purpose of calming. During time-out, a student must be continuously observed by a staff member. Staff shall be with the student or immediately available to the student at all times. The space used for time-out must be clean, safe, sanitary, and appropriate for the purpose of calming. Time-out shall cease as soon as the student has calmed.
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Methods for Preventing Student Violence, Self-Injurious Behavior, and Suicide
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Relationship Building: The relationship that staff has with students can sometimes be a factor as to whether or not undesirable behaviors occur, and to what degree. You can create better relationships by building rapport, clarifying expectations and through mutual respect. All Norton Public Schools staff has been trained in the Trauma Sensitive School approach and student engagement.
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Situational Awareness: Being situationally aware can help staff take steps to either make sure a crisis doesn't occur in the first place, or have a better chance of successfully dealing with it if it does occur. Having background information, recognizing warning signs and recognizing potential triggers are all components of situational awareness. All Norton Public Schools staff have begun training in cultural proficiency/ humility training.
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Use of research based, positive supports and interventions (PBIS).
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Building based student support team meetings are held weekly to review interventions and progress for students that are having SEL difficulties.
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Verbal de-escalation: consists of using specific dialogue combined with proper distance, non-threatening body language, patience, active listening, offering choices and empathy to reduce tension and divert focus away from aggression.
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Non-verbal de-escalation: consists of body language/positioning, remaining alert, eye contact, facial expressions to reduce tension and divert focus away from aggression.
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Bullying Prevention and Intervention Plan for the Norton Public Schools
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Methods for Engaging Parents
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Any parent with concerns about the use of physical restraint at any school within Norton Public Schools may request a meeting with the building Principal or the Director of Pupil Personnel Services to discuss such concerns. Any individual who believes that a physical restraint of a student may have been unwarranted or conducted inappropriately may also make use of the Grievance Procedure.
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All families are asked to participate in a culture and climate survey at least once per school year. This survey asks families specific questions around their child’s connections to school, sense of belonging, school climate, and barriers to engagement. This survey serves as a starting point for schools to engage with parents around these important issues and work collaboratively to ensure all students feel a sense of belonging within Norton Public Schools.
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In partnership with the Norton Public Schools SEPAC, a de-escalation presentation has been designed for families to learn more about the techniques that are used in our schools and also provides them with tools they can use at home with their children. This provides for consistency of language and expectations across school and home settings.
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Alternatives to Physical Restraint and Methods of Physical Restraint
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Alternatives: Physical restraint shall not be used unless the following, less intrusive behavior interventions and supports have been unsuccessful or deemed inappropriate by school staff:
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Positive behavioral interventions
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Verbal redirection
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Verbal directive to cease behavior
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Opportunity for a break
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Direct teaching and reinforcement of positive behavior alternatives and coping skills
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De-escalation techniques
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Reminder for the opportunity to earn tokens/rewards/privileges
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Opportunity for use of calming spaces/time away
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Physical redirections/escort
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Use of sensory area for emotional regulation within the classroom or building
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Methods of Physical Restraint:
Physical restraint shall not be used as a means of discipline or punishment; if the student cannot be safely restrained due to medical contraindications which have been documented by a licensed physician and provided to the District; as a response to property destruction, disruption, refusal to comply with rules or staff directives, or verbal threats when those actions do not constitute a threat of assault or imminent, serious, physical harm. Physical restraint shall not be used as a standard response for any individual student. Physical restraint is an emergency procedure of last resort.
The following forms of physical restraint shall only be administered by trained personnel, using only the amount of force necessary to protect the student or other member(s) of the school community from assault or imminent, serious, physical harm. The staff member(s) administering physical restraint shall use the safest method available and appropriate to the situation. Staff shall continuously monitor the physical status of the student during restraint, and the student shall be immediately released from the physical restraint if the student expresses or demonstrates significant physical distress.
All physical restraints must terminate as soon as the student is no longer an immediate danger, or if the student indicates that he/she cannot breathe, or if the student is observed to be in severe distress. If any physical restraint approaches twenty (20) minutes, staff will obtain the approval of the building Principal to continue the restraint based upon the student’s continued agitation. All physical restraints shall be administered in compliance with 603 CMR 46.00.
Norton Public Schools staff are trained in Crisis Prevention Intervention (CPI) physical management techniques.
46.03: Use of Restraint
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Prohibition.
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Mechanical restraint, medication restraint, and seclusion shall be prohibited in public education programs.
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Prone restraint shall be prohibited in public education programs except on an individual student basis, and only under the following circumstances:
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The student has a documented history of repeatedly causing serious self-injuries and/or injuries to other students or staff;
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All other forms of physical restraints have failed to ensure the safety of the student and/or the safety of others;
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There are no medical contraindications as documented by a licensed physician;
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There is psychological or behavioral justification for the use of prone restraint and there are no psychological or behavioral contraindications, as documented by a licensed mental health professional;
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The program has obtained consent to use prone restraint in an emergency as set out in 603 CMR 46.03(1)(b), and such use has been approved in writing by the principal; and,
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The program has documented 603 CMR 46.03(1)(b) 1 - 5 in advance of the use of prone restraint and maintains the documentation.
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Physical restraint, including prone restraint where permitted, shall be considered an emergency procedure of last resort and shall be prohibited in public education programs except when a student's behavior poses a threat of assault, or imminent, serious, physical harm to self or others and the student is not responsive to verbal directives or other lawful and less intrusive behavior interventions, or such interventions are deemed to be inappropriate under the circumstances.
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All physical restraints, including prone restraint where permitted, shall be administered in compliance with 603 CMR 46.05.
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Physical restraint shall not be used:
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As a means of discipline or punishment;
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When the student cannot be safely restrained because it is medically contraindicated for reasons including, but not limited to, asthma, seizures, a cardiac condition, obesity, bronchitis, communication-related disabilities, or risk of vomiting;
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As a response to property destruction, disruption of school order, a student's refusal to comply with a public education program rule or staff directive, or verbal threats when those actions do not constitute a threat of assault, or imminent, serious, physical harm; or
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As a standard response for any individual student. No written individual behavior plan or individualized education program (IEP) may include use of physical restraint as a standard response to any behavior. Physical restraint is an emergency procedure of last resort.
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Limitations on use of restraint. Physical restraint in a public education program shall be limited to the use of such reasonable force as is necessary to protect a student or another member of the school community from assault or imminent, serious, physical harm.
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Referral to law enforcement or other state agencies. Nothing in these regulations prohibits:
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The right of any individual to report to appropriate authorities a crime committed by a student or other individual;
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Law enforcement, judicial authorities or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk; or
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The exercise of an individual's responsibilities as a mandated reporter pursuant to G.L. c. 119, § 51A. 603 CMR 46.00 shall not be used to deter any individual from reporting neglect or abuse to the appropriate state agency.
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46.04: Policy and Procedures; Training
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Procedures. Public education programs shall develop and implement written restraint prevention and behavior support policy and procedures consistent with 603 CMR 46.00 regarding appropriate responses to student behavior that may require immediate intervention. Such policy and procedures shall be annually reviewed and provided to program staff and made available to parents of enrolled students. Such policy and procedures shall include, but not be limited to:
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Methods for preventing student violence, self-injurious behavior, and suicide, including individual crisis planning and de-escalation of potentially dangerous behavior occurring among groups of students or with an individual student;
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Methods for engaging parents in discussions about restraint prevention and the use of restraint solely as an emergency procedure;
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A description and explanation of the program's alternatives to physical restraint and method of physical restraint in emergency situations;
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A statement prohibiting: medication restraint, mechanical restraint, prone restraint unless permitted pursuant to 603 CMR 46.03(1)(b), seclusion, and the use of physical restraint in a manner inconsistent with 603 CMR 46.00;
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A description of the program's training requirements, reporting requirements, and follow-up procedures;
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A procedure for receiving and investigating complaints regarding restraint practices;
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A procedure for conducting periodic review of data and documentation on the use of physical restraints as described in 603 CMR 46.06(5) and (6);
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A procedure for implementing the reporting requirements as described in 603 CMR 46.06;
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A procedure for making reasonable efforts to orally notify a parent of the use of restraint on a student within 24 hours of the restraint, and for sending written notification to the parent within three school working days following the use of restraint to an email address provided by the parent for the purpose of communicating about the student, or by regular mail to the parent postmarked within three school working days of the restraint; and,
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If the program uses time-out as a behavioral support strategy, a procedure for the use of time-out that includes a process for obtaining principal approval of time-out for more than 30 minutes based on the individual student's continuing agitation.
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Required training for all staff. Each principal or director shall determine a time and method to provide all program staff with training regarding the program's restraint prevention and behavior support policy and requirements when restraint is used. Such training shall occur within the first month of each school year and, for employees hired after the school year begins, within a month of their employment. Training shall include information on the following:
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The role of the student, family, and staff in preventing restraint;
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The program's restraint prevention and behavior support policy and procedures, including use of time-out as a behavior support strategy distinct from seclusion;
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Interventions that may preclude the need for restraint, including de-escalation of problematic behaviors and other alternatives to restraint in emergency circumstances;
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When behavior presents an emergency that requires physical restraint, the types of permitted physical restraints and related safety considerations, including information regarding the increased risk of injury to a student when any restraint is used, in particular a restraint of extended duration;
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Administering physical restraint in accordance with medical or psychological limitations, known or suspected trauma history, and/or behavioral intervention plans applicable to an individual student; and
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Identification of program staff who have received in-depth training pursuant to 603 CMR 46.03(3) in the use of physical restraint.
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In-depth staff training in the use of physical restraint. At the beginning of each school year, the principal of each public education program or his or her designee shall identify program staff who are authorized to serve as a school-wide resource to assist in ensuring proper administration of physical restraint. Such staff shall participate in in-depth training in the use of physical restraint. The Department recommends that such training be competency-based and be at least sixteen (16) hours in length with at least one refresher training occurring annually thereafter.
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Content of in-depth training. In-depth training in the proper administration of physical restraint shall include, but not be limited to:
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Appropriate procedures for preventing the use of physical restraint, including the de-escalation of problematic behavior, relationship building and the use of alternatives to restraint;
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A description and identification of specific dangerous behaviors on the part of students that may lead to the use of physical restraint and methods for evaluating the risk of harm in individual situations in order to determine whether the use of restraint is warranted;
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The simulated experience of administering and receiving physical restraint, instruction regarding the effect(s) on the person restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance;
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Instruction regarding documentation and reporting requirements and investigation of injuries and complaints;
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Demonstration by participants of proficiency in administering physical restraint; and,
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Instruction regarding the impact of physical restraint on the student and family, recognizing the act of restraint has impact, including but not limited to psychological, physiological, and social-emotional effects.
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46.05: Proper Administration of Physical Restraint
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Trained personnel. Only public education program personnel who have received training pursuant to 603 CMR 46.04(2) or 603 CMR 46.04(3) shall administer physical restraint on students. Whenever possible, the administration of a restraint shall be witnessed by at least one adult who does not participate in the restraint. The training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm.
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Use of force. A person administering a physical restraint shall use only the amount of force necessary to protect the student or others from physical injury or harm.
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Safest method. A person administering physical restraint shall use the safest method available and appropriate to the situation subject to the safety requirements set forth in 603 CMR 46.05(5). Floor restraints, including prone restraints otherwise permitted under 603 CMR 46.03(1)(b), shall be prohibited unless the staff members administering the restraint have received in-depth training according to the requirements of 603 CMR 46.043(3) and, in the judgment of the trained staff members, such method is required to provide safety for the student or others present.
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Duration of restraint. All physical restraint must be terminated as soon as the student is no longer an immediate danger to himself or others, or the student indicates that he or she cannot breathe, or if the student is observed to be in severe distress, such as having difficulty breathing, or sustained or prolonged crying or coughing.
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Safety requirements. Additional requirements for the use of physical restraint:
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No restraint shall be administered in such a way that the student is prevented from breathing or speaking. During the administration of a restraint, a staff member shall continuously monitor the physical status of the student, including skin temperature and color, and respiration.
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Restraint shall be administered in such a way so as to prevent or minimize physical harm. If, at any time during a physical restraint, the student expresses or demonstrates significant physical distress including, but not limited to, difficulty breathing, the student shall be released from the restraint immediately, and school staff shall take steps to seek medical assistance.
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If a student is restrained for a period longer than 20 minutes, program staff shall obtain the approval of the principal. The approval shall be based upon the student's continued agitation during the restraint justifying the need for continued restraint.
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Program staff shall review and consider any known medical or psychological limitations, known or suspected trauma history, and/or behavioral intervention plans regarding the use of physical restraint on an individual student.
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After the release of a student from a restraint, the public education program shall implement follow-up procedures. These procedures shall include reviewing the incident with the student to address the behavior that precipitated the restraint, reviewing the incident with the staff person(s) who administered the restraint to discuss whether proper restraint procedures were followed, and consideration of whether any follow-up is appropriate for students who witnessed the incident.
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46.06: Reporting Requirements
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Circumstances under which a physical restraint must be reported. Program staff shall report the use of any physical restraint as specified in 603 CMR 46.06(2).
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Informing the principal. The program staff member who administered the restraint shall verbally inform the principal of the restraint as soon as possible, and by written report no later than the next school working day. The written report shall be provided to the principal for review of the use of the restraint. If the principal has administered the restraint, the principal shall prepare the report and submit it to an individual or team designated by the superintendent or board of trustees for review. The principal or director or his/her designee shall maintain an on-going record of all reported instances of physical restraint, which shall be made available for review by the parent or the Department upon request.
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Informing parents. The principal or director of the program or his/her designee shall make reasonable efforts to verbally inform the student's parent of the restraint within 24 hours of the event, and shall notify the parent by written report sent either within three school working days of the restraint to an email address provided by the parent for communications about the student, or by regular mail postmarked no later than three school working days of the restraint. If the school or program customarily provides a parent of a student with report cards and other necessary school-related information in a language other than English, the written restraint report shall be provided to the parent in that language. The principal shall provide the student and the parent an opportunity to comment orally and in writing on the use of the restraint and on information in the written report.
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Contents of report. The written report required by 603 CMR 46.06(2) and (3) shall include:
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The name of the student; the names and job titles of the staff who administered the restraint, and observers, if any; the date of the restraint; the time the restraint began and ended; and the name of the principal or designee who was verbally informed following the restraint; and, as applicable, the name of the principal or designee who approved continuation of the restraint beyond 20 minutes pursuant to 603 CMR 46.05(5)(c).
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A description of the activity in which the restrained student and other students and staff in the same room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that prompted the restraint; the efforts made to prevent escalation of behavior, including the specific de-escalation strategies used; alternatives to restraint that were attempted; and the justification for initiating physical restraint.
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A description of the administration of the restraint including the holds used and reasons such holds were necessary; the student's behavior and reactions during the restraint; how the restraint ended; and documentation of injury to the student and/or staff, if any, during the restraint and any medical care provided.
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Information regarding any further action(s) that the school has taken or may take, including any consequences that may be imposed on the student.
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Information regarding opportunities for the student's parents to discuss with school officials the administration of the restraint, any consequences that may be imposed on the student, and any other related matter.
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Individual student review. The principal shall conduct a weekly review of restraint data to identify students who have been restrained multiple times during the week. If such students are identified, the principal shall convene one or more review teams as the principal deems appropriate to assess each student's progress and needs. The assessment shall include at least the following:
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review and discussion of the written reports submitted in accordance with 603 CMR 46.06 and any comments provided by the student and parent about such reports and the use of the restraints;
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analysis of the circumstances leading up to each restraint, including factors such as time of day, day of the week, antecedent events, and individuals involved;
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consideration of factors that may have contributed to escalation of behaviors, consideration of alternatives to restraint, including de-escalation techniques and possible interventions, and such other strategies and decisions as appropriate, with the goal of reducing or eliminating the use of restraint in the future;
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agreement on a written plan of action by the program.
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If the principal directly participated in the restraint, a duly qualified individual designated by the superintendent shall lead the review team's discussion. The principal shall ensure that a record of each individual student review is maintained and made available for review by the Department or the parent, upon request.
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Administrative review. The principal shall conduct a monthly review of school-wide restraint data. This review shall consider patterns of use of restraints by similarities in the time of day, day of the week, or individuals involved; the number and duration of physical restraints school-wide and for individual students; the duration of restraints; and the number and type of injuries, if any, resulting from the use of restraint. The principal shall determine whether it is necessary or appropriate to modify the school's restraint prevention and management policy, conduct additional staff training on restraint reduction/prevention strategies, such as training on positive behavioral interventions and supports, or take such other action as necessary or appropriate to reduce or eliminate restraints.
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Report all restraint-related injuries to the Department. When a physical restraint has resulted in an injury to a student or program staff member, the program shall send a copy of the written report required by 603 CMR 46.06(4) to the Department postmarked no later than three school working days of the administration of the restraint. The program shall also send the Department a copy of the record of physical restraints maintained by the principal pursuant to 603 CMR 46.06(2) for the 30-day period prior to the date of the reported restraint. The Department shall determine if additional action by the program is warranted and, if so, shall notify the program of any required actions within 30 calendar days of receipt of the required written report(s).
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Report all physical restraints to the Department. Every program shall collect and annually report data to the Department regarding the use of physical restraints. Such data shall be reported in a manner and form directed by the Department.
46.07: Effective Date
The effective date of 603 CMR 46.00, as amended, is January 1, 2016.