J. Students

JB - TRANSGENDER STUDENTS

  1. PURPOSE

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

    These guidelines are 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 also differ. Administrators and school staff are expected to consider the needs of students on a case-by-case basis, and to utilize these guidelines and other available resources as appropriate.

  2. DEFINITIONS

    The following definitions are not intended to provide rigid labels for students, but to assist in discussing and addressing the needs of students. 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 particular transgender students may wish to be identified. However, for the sake of brevity, these guidelines refer to "transgender 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". This is the only term related to these guidelines that is defined in Maine law.
    2. Gender identity - A person's deeply held sense or psychological knowledge of their own gender. One's gender identity can be the same or different from the gender assigned 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. Transgender - An adjective describing a person whose gender identity or expression is different from that traditionally associated with an assigned sex at birth.
    5. Transition - The process by which a person goes from living and identifying as one gender to living and identifying as another. For most elementary and secondary students, this involves no or minimal medical interventions. In most cases, transgender students under the age of 18 are in the process of social transition from one gender to another.

  3. ADDRESSING THE NEED OF TRANSGENDER STUDENTS

    For the purpose of these guidelines, a student will be considered transgender if, at school they consistently 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 necessarily require a medical diagnosis.

    The following procedure will be used to address needs raised by transgender students and/or their parent(s)/guardian(s).

    1. A transgender 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. A meeting should be scheduled to discuss the student's particular circumstances and needs. In addition to the student, parent(s)/guardian(s) and building administrator, other participants may include the guidance counselor or social worker, school nurse, teachers, and/or other school staff, and possibly outside providers who can assist in developing a plan for that student.
    3. A plan should be developed by the school, in consultation with the student, parent(s)/guardian(s), and others as appropriate, to address the student's particular needs. If the student has an IEP and/or a 504 plan, the provisions of these plans should be taken into consideration in developing the plan for addressing transgender issues.
    4. The school may request documentation from medical providers or other service providers as necessary to assist staff in developing a plan appropriate for the student.
    5. If the parties cannot reach an agreement about the elements to be included in the plan, the building administrator and/or Superintendent shall be consulted as appropriate.

  4. GUIDANCE ON SPECIFIC ISSUES

    1. Privacy: The student plan should address how to deal with disclosures that the student is transgender. In some cases, a student may want school staff and students to know, and in other cases the student may not want this information to be widely known. 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).

      School Staff should keep in mind that under FERPA, student records may only be accessed and disclosed 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 parent(s)/guardian(s).

    2. Official Records: Schools are required to maintain a permanent record for each student that includes legal name and gender. This information is also required for standardized tests and official school unit reports. This official information will only be changed upon receipt of documentation that a student's name or gender has been changed in accordance with any applicable laws. Any requests to change a student's legal name or gender in official records should be referred to the Superintendent.

      To the extent that the school is not required to use a student's legal name or gender on school records or other documents, the school should use the name and gender identified in the student's plan.

    3. Names/Pronouns: A student who has been identified as transgender under these guidelines should be addressed by school staff and other students by the name and pronoun corresponding to their gender identity that is consistently asserted at school.

    4. Restrooms: A student who has been identified as transgender under these guidelines should be permitted to use the restroom assigned to the gender which the student consistently asserts at school. A transgender student who expresses a need for privacy will be provided with reasonable alternative facilities or accommodations such as using a separate stall or a staff facility. However, a student shall not be required to use a separate non communal facility over the student’s objection.

    5. Locker Rooms: The use of locker rooms requires schools to consider a number of factors, including but not necessarily limited to, the safety and comfort of students; the transgender student's preference; student privacy; the ages of students; and available facilities. As a general rule, transgender students will be permitted to use the locker room assigned to the gender that the student consistently asserts at school. A transgender student will not be required to use a locker room that conflicts with the gender identity consistently asserted at school. A transgender student who expresses a need for privacy will be provided with reasonable alternative facilities or accommodations, such as using a separate stall, a staff facility, or separate schedule.

      Interscholastic athletic activities should be addressed through the Maine Principal's Association Transgender Participation Policy (link, page 19).

    6. Other Gender-Segregated Facilities or Activities: As a general rule, in other facilities or activities when students may be separated by gender, transgender students may participate in accordance with the gender identity consistently asserted at school.

    7. Dress Code: Transgender students may dress in accordance with their consistently asserted gender identity, consistent with any applicable requirements in the dress code or school rules.

    8. Safety and Support for Transgender and Transitioning Students: School staff are expected to comply with any plan developed for a transgender student and to 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.

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

  5. STAFF TRAINING AND INFORMATIONAL MATERIALS

    1. The Superintendent and/or building principal may institute in-service training and/or distribute educational materials about transgender issues to school staff as they deem appropriate.
    2. Teachers and other staff who have responsibilities for a transgender student with a plan will receive support in implementing the plan.

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Cape Elizabeth School Board

JEA - COMPULSORY SCHOOL ATTENDANCE

Compulsory education is essential to the preservation of the rights and liberties of the people and the continued prosperity of our nation. Maintaining regular student attendance is necessary to achieve the goal of an educated citizenry.

Compulsory Attendance Ages

Under state law, full-time attendance at school is required of every child between the ages of 6 and under 18, unless the student has received a high school diploma or its equivalent.

Excusable Absences from School

A child's absence from school is excused when the absence is for one of the following reasons:

  1. Personal illness;

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

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

  4. A family emergency;

  5. A planned absence for a personal or educational purpose which has been approved; or

    education disruption resulting from homelessness, unplanned psychiatric hospitalization, unplanned hospitalization for a medical emergency, foster care placement, youth development center placement, or some other out-of-district placement that is not otherwise authorized by an IEP or other education plan or Superintendent's agreement.

Adult Responsibility for School Attendees

Parents or other adults having control of a child of compulsory attendance age are responsible for ensuring that child attends school as required by law. The Board expects school administrators and staff to work with families in an effort to ensure compliance.

Exceptions to the Compulsory Attendance Requirement

A student may be excused from compulsory attendance at school if the student meets the requirements in one of the following sections:

  1. The student has:

    1. Reached the age of 16 years of age;
    2. Obtained permission to leave school;
    3. Been approved by the principal for a suitable program of work and study or training;
    4. Met with the Superintendent/designee to discuss the decision to withdraw from school;
    5. Obtained permission to leave school from the Board or its designee; and
    6. Agreed in writing with that student's parent/guardian and the Board or its designee to meet annually until that student’s 18th birthday to review that student’s educational needs.

    If a request to be excused from school is denied pursuant to this section, the child's parent may appeal to the Commissioner of Education.

  2. The student has matriculated and is attending an accredited, post-secondary, degree-granting institution as a full-time student. An exception to the compulsory attendance law under this paragraph must be approved by the Commissioner of Education.

  3. The student is enrolled in an online learning program or course of study.

  4. A student 18 years of age or older who has not graduated from high school or obtained an equivalency diploma, and who wishes to withdraw from school shall meet with the Superintendent/designee to discuss the decision to withdraw from school.

Alternatives to Attendance in Public School

A child shall be excused from attending a public day school if that person obtains equivalent instruction as allowed by law.

Equivalent instruction alternatives are as follows:

  1. A private school approved for attendance purposes pursuant to state law and regulations;
  2. A private school recognized by the Department of Education as providing equivalent instruction;
  3. A home instruction program that complies with state law and regulations;
  4. Any other manner arranged by the Board and approved by the Commissioner of Education; or
  5. Pursuant to 20-A MRS Sections 5104-A or 8605 (approved alternative education program or adult education program).

A child shall be credited with attendance at a private school under Paragraphs A or B only if the legally required certificate from the private school is filed with the child’s school unit.

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JFAB - ADMISSION OF NON-RESIDENT STUDENT

The Cape Elizabeth School Board authorizes the Superintendent to enroll without tuition and on a full-time basis, in accordance with applicable statutory provisions, persons who are not otherwise eligible for a free public education in Cape Elizabeth. Enrollment of any such persons shall be discretionary with the Superintendent and shall be subject to such conditions as the Superintendent deems necessary to avoid disruptive or adverse effects to the Cape Elizabeth school system, including that space is available, and that the educational needs of the student can be met with existing district programs.

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JFABB - International Exchange Student Program

Introduction

Cape Elizabeth High School has enjoyed a tradition of hosting exchange students from a wide variety of countries representing many language and cultural backgrounds. The richness of their lives and personal experiences has enhanced the school community. In an effort to promote positive student exchange experiences for the host families, students and teachers, the following guidelines have been adopted to ensure quality placements.

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JFABD - EDUCATION OF STUDENTS WHO ARE HOMELESS

The Cape Elizabeth School Department (CESD) recognizes its statutory obligation to provide a free public education to children and youth who are homeless. Students who are homeless will not be segregated or stigmatized on the basis of their homelessness. In cooperation with other school units, the CESD will provide students who are homeless with suitable programs that assure equal access to education. Such education shall be provided according to the best interests of the student who is homeless, 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.

The CESD 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 students who are homeless. The Superintendent will designate a liaison for children and youth who are homeless who will coordinate the CESD’s services for students who are homeless.  The liaison will be responsible for identifying and enrolling students who are homeless 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.

 

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JFABD-R EDUCATION OF STUDENTS WHO ARE HOMELESS ADMINISTRATIVE PROCEDURE

This administrative procedure implements the Board’s policy JFABD – Education of Students Who Are Homeless.

  1. Homeless Education Liaison

The Superintendent shall designate a Homeless Education Liaison (“Homeless Liaison”). The Homeless Liaison is responsible for coordinating school unit services for students who are homeless and for unaccompanied students who are homeless. All questions regarding enrollment, programming, and services for students who are homeless 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 the Cape Elizabeth School Department (CESD) meets all other requirements under federal and state law/regulations.

  1. Definitions
    1. Student who is homeless. A student who is homeless means a student eligible to attend preschool, elementary, or secondary school who:
      1.  Lacks a fixed, regular, or adequate night-time residence; and
      2.  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 student who is homeless. An unaccompanied student who is homeless is a student who is homeless, as defined above, who is not in the physical custody of a parent or guardian.

  2. Determination of Homelessness
    1. If a student seeks to enroll in the CESD as a student who is homeless, the Homeless Liaison shall be informed as soon as possible by a school administrator or designee.
    2. The Homeless Liaison shall take the following steps:
      1. Meet with the student’s parent/guardian, or in the case of an unaccompanied student who is homeless (a student not in the physical custody of a parent or guardian), with the student.
      2. Determine whether the student is a “student who is homeless” or “unaccompanied student who is homeless” as defined in the Act, in consultation with appropriate administrators. In making this determination, the Homeless Liaison will gather relevant information, including, but not limited to, information about the student’s and parent/guardian’s current and past living situations, the reasons for the student’s current living situation, the availability of other living arrangements for the student, and records required for enrollment.
      3. If the student is determined to be homeless, the parent/guardian (or student if an unaccompanied student who is homeless) 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 student who is homeless) 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).

  3. Student Enrollment

The CESD 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:
    1. Continuing the student’s enrollment in the student’s “school of origin” (the public school the student attended when permanently housed) 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
    2. 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 student who is homeless) the student’s own wishes. When applicable, the Homeless Liaison will consider information about the student’s disability in the determination of best interest. 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 student who is homeless), the Homeless Liaison shall provide the parent/guardian (or unaccompanied student who is homeless) 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 CESD school, if found to be in the student’s best interest, 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.

  1. Educational and Transportation Services

Students who are homeless 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 preschool, 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 student who is homeless, the Homeless Liaison), students who are homeless 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.

  1. 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 children and youth who are homeless have access to education and related support services. The Homeless Liaison will provide referrals to families/children who are homeless for health care services, dental services, mental health services, substance abuse services, housing services, and other appropriate services as necessary.

  1. Record keeping and Student Privacy

The Homeless Liaison shall ensure proper record keeping 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).

  1. 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 students who are homeless) by law. The Homeless Liaison will identify the appropriate method to distribute and post information so that it is readily accessible to the public.

  1. Dispute Resolution

The CESD Appeal Procedure

  1. If a parent/guardian (or unaccompanied student who is homeless) is dissatisfied with the determination by the Homeless Liaison that a student is not homeless or with the enrollment decision, they may appeal the decision in writing to the Superintendent within five (5) school days.
  2.  The Superintendent shall review pertinent records and conduct further investigation if deemed appropriate. The Superintendent shall notify the parent/guardian (or unaccompanied student who is homeless) of their decision in writing within twenty (20) school days.
  3. If the parent/guardian (or unaccompanied student who is homeless) is dissatisfied with the Superintendent’s decision, they 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.

  1. Maine Department of Education Dispute Resolution Process

    1. When disagreement remains after the CESD appeal procedure, the Homeless Liaison will assist the parent/guardian, or unaccompanied student who is homeless 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.

    2. Disputes among school units. In situations where there is a disagreement between the CESD and another school unit over a determination of eligibility or best interest, the CESD may request informal assistance from the State Homeless Education Coordinator. Should the disagreement persist, the CESD 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 student who is homeless) in assembling any documents they wish to submit, if requested.

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JFC - DROPOUT PREVENTION COMMITTEE

The Superintendent shall establish a Dropout Prevention Committee to study the problem of dropouts, truancy, and the need for alternative programs from kindergarten to grade 12, in accordance with the requirements of state law. The Committee shall submit a plan of action to the Board. The Committee will meet at least annually thereafter to review the plan and make recommendations to the Board as appropriate.

Committee Membership

The Dropout Prevention Committee shall be composed of the following members, appointed on an annual basis:

  1. A member of the Board selected by the Board;
  2. A school administrator selected by the Superintendent;
  3. A teacher and a school counselor selected by the Cape Elizabeth Education Association;
  4. A parent selected by the local parent group or by the Board if no such group exists;
  5. A school attendance coordinator selected by the Superintendent;
  6. A high school student selected by the Dropout Prevention Committee members;
  7. A dropout selected by the Dropout Prevention Committee members; and
  8. A community resident of the district selected by the Dropout Prevention Committee members.

The Committee shall select a chair from among its members.

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JFLA - CHILD SEXUAL ABUSE PREVENTION AND RESPONSE

The Board recognizes that Maine law requires every school unit with a Pre-K through Grade 5 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 “hands 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.

  1. REPORTING CHILD SEXUAL ABUSE
    1. Any employee or volunteer of the school unit who has reason to suspect that a child has been sexually abused is to immediately notify a school administrator, the Title IX Coordinator, or the Superintendent.
      1. In addition to notifying a school administrator, the Title IX Coordinator, or the Superintendent, the employee or volunteer may also make a report directly to the Department of Health and Human Services (DHHS) or, if the person suspected is not a person responsible for the child, to the District Attorney (DA).
      2. Neither the employee, volunteer, school administrator, Title IX Coordinator, nor Superintendent should attempt to further question or interview the child or otherwise undertake an investigation, except to the extent necessary to protect the alleged victim’s safety and ability to function effectively in school.
    2. If the notifying employee or volunteer does not receive written confirmation within 24 hours that a report has been made to DHHS or the DA, the employee or volunteer shall make an immediate report directly to DHHS or the DA. In such cases, the employee or volunteer shall then complete the Suspected Child Abuse, Including Sexual Abuse, and Neglect Report Form (JLF-E) and give it to the Superintendent.
    3. If the notifying employee or volunteer does receive a copy of the Suspected Child Abuse, Including Sexual Abuse, and Neglect Report Form (JLF-E) within 24 hours of their report, they shall sign the form as acknowledgement that the report was made and return it to the Superintendent.
    4. The Administrator Reporting and Confirmation Duties shall be the same as provided in Section III of Policy JLF – Reporting Child Abuse and Neglect.
  2. 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, school counselor, school nurse, health educator) who has received appropriate training from such an agency/organization.

    The goals of the training for school personnel are:
    1. Increased awareness of developmentally appropriate and inappropriate sexual behaviors in children;
    2. Increased ability to recognize indicators of child sexual abuse;
    3. 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
    4. 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).

  3. CHILD SEXUAL ABUSE PREVENTION EDUCATION IN THE PRE-K THROUGH GRADE 5 CURRICULUM

    The Cape Elizabeth School Department (CESD) 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 or by a CESD employee deemed competent by the Superintendent to deliver such instruction. If the instructor is a CESD 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, school counselor, or health teacher). 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 who are experiencing or have experienced sexual assault or child sexual abuse.

    It is the intent that the curriculum, as delivered in the classroom, will:
    1. Include age-appropriate education regarding physical and personal boundaries, including biologically accurate body terminology;
    2. Help children identify unsafe or uncomfortable situations including a range of feelings, touches, or violations of physical boundaries;
    3. Help children identify safe adults with whom they can talk about unsafe or uncomfortable situations; and
    4. Help children identify and develop skills to support a friend who may be experiencing safe or uncomfortable situations.

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JG - STUDENT PLACEMENT WITHIN THE SCHOOLS

It is the goal of the Cape Elizabeth School Department (CESD) to place each student appropriately in a program of study which will best serve the student’s academic, social, and emotional development. In order to accomplish this goal, the school administrators, guidance personnel, teachers, and parents are to be involved in sharing information to guide this decision.

School personnel will take an active role in promoting clear communication with parents through a variety of means including open house activities; teacher conferences; written correspondence such as report cards, progress reports, curriculum guides, and teacher summaries of student work; and information available to parents and students on the school website. This process of communication will also include opportunities for parents to give input as to what kind of classroom environment they see as helpful for their child.

Each administrative unit will develop specific procedures that include a variety of means by which school personnel make recommendations for specific classroom placements. After gathering information, the Guidance office and/or department will make the initial placement based on these recommendations. Each unit will also provide for a review process by which a parent may request a reassessment of the placement. After the review process, the principal will make the final determination.

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JGAA - ASSIGNMENT OF STUDENTS TO CLASSES- FIVE-YEAR-OLDS

Maine School Law permits children who are at least five years old on October 15 of the school year to enroll in school. The intent is that these students begin their school careers in kindergarten at this age.

However, it is recognized that exceptions to this initial placement may be justified under limited circumstances as is acceleration at any grade level. 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:

  1. Social and emotional maturity should have been demonstrated such as to predict success in grade one;
  2. The decision of placement lies with the principal, appealable to the Superintendent whose decision shall be final;
  3. The right must be reserved to the school to administer testing as appropriate to making a proper determination of placement;
  4. Any such placement is to be conditioned upon demonstrated success, and reviewed at appropriate intervals;
  5. All exceptional placements are to be reported to the Superintendent;
  6. A person who has enrolled in a public kindergarten or grade in another state may enroll in kindergarten or grade one.
  7. A person who has enrolled in a public kindergarten in another state and was promoted to grade one may enroll in grade 1.

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

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JHB - TRUANCY

  1. DEFINITION

    A student is truant if the student:

    1. Is subject to the compulsory attendance law; and
    2. Has completed grade six and has the equivalent of ten (10) full days of unexcused absences or seven (7) consecutive school days of unexcused absences during a school year; or
    3. Is at least six years of age and has not completed grade six and has the equivalent of seven (7) 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.

  2. ATTENDANCE COORDINATORS

    The Board shall appoint one or more attendance coordinators in accordance with state law.

  3. TRUANCY PROCEDURE

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

    1. 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.
    2. A student who is determined to be truant shall be referred by the Superintendent to the school's student support team within five school days.
    3. The 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 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 service agencies; and
  10. Other interventions, including but not limited to referral to the school attendance coordinator, student support 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.

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

  2. If the intervention plan does not correct the student's truancy, the Superintendent shall serve or cause to be served upon the parents/legal guardians 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/legal guardian’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 the student’s 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, may notify the Department of Health and Human Services; and

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

  3. Prior to notifying local law enforcement authorities; the Superintendent shall schedule at least one meeting of the student support team as required in Paragraph III.C and may invite a local prosecutor.

  4. 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 parents/legal guardians 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.

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

  6. 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 student intervention assistance team; and include any other information on truancy requested by the Commissioner.

Cross Reference:

Adopted:

Revised:

JHCA - USE OF UNSCHEDULED CLASS TIME FOR HIGH SCHOOL JUNIORS AND SENIORS

The high school principal may allow members of the junior and senior classes off-campus privileges as specified below:

  1. Seniors
    1. Meet the academic eligibility standards outlined in Policy: JJJ High School Co-Curricular and Extra-Curricular Activities Eligibility and Code of Conduct beginning with grades recorded in the last quarter of the student’s junior year.
    2. Meet and follow the Senior Privilege provisions which are detailed in the student handbook.
    3. Seniors meeting the above requirements shall be allowed early dismissal/late arrival from school or to leave campus during the school day.
  2. Juniors
    1. Meet the academic eligibility standards outlined in Policy: JJJ High School Co-Curricular and Extra-Curricular Activities Eligibility and Code of Conduct beginning with grades recorded in the last quarter of the student’s sophomore year.
    2. Meet and follow the Junior Privilege provisions which are detailed in the student handbook.
    3. Juniors meeting the above requirements shall be allowed to leave campus for the last period of the day provided they have no scheduled courses.

It is the responsibility of the principal to review the Junior and Senior Privilege provisions as circumstances dictate, or annually, as necessary and appropriate. The principal will report significant changes or situations to the School Board.

Reference:

Adopted:

Revised:

Recoded:

Revised:

Reviewed:

Revised:

JLCB

IMMUNIZATION OF STUDENTS AND COMMUNICABLE DISEASES

Prior to enrollment, all students in Cape Elizabeth schools are required to present a certificate of immunization or evidence of immunization or immunity against poliomyelitis, diphtheria, pertussis (whooping cough), tetanus, measles, mumps, rubella and varicella (chicken pox) as referenced in Maine law, Chapter 26: Immunization Requirements for School Age Children.  

Required for PreK entry:

Required for Kindergarten entry:

Required for 7th grade entry: 

Required for 12th grade entry:

OR

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 above. 

A non-immunized student shall not be permitted to attend school except as follows:

  1. Written Assurance. The parent provides to the school a written assurance that the student will be immunized within 90 days of enrolling in school or first attendance in school classes, whichever date is the earliest. This is a one-time exception.

  2.  Medical Exemption. Written documentation from the primary care provider (a licensed physician, nurse practitioner or physician assistant) that the immunization against one or more of the diseases may be medically inadvisable. This must be provided annually prior to the first day of school.

  3. A student covered by an Individualized Education Program.   A student covered by an Individualized Education Program 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:

    1. 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 

    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 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.  

A period of 21 calendar days may be granted to allow for the transfer of health records from one school to another.

EXCLUSION OF STUDENTS FROM SCHOOL

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

The Superintendent/designee is directed to develop such administrative procedures as are necessary to carry out this policy and comply with statutory requirements.


Cross Reference:


Adopted:

Revised:

JIC - SYSTEM-WIDE STUDENT CODE OF CONDUCT

Ethical and responsible student behavior is an essential part of the educational mission of our schools. To that end, the Board has developed this System-Wide Student Code of Conduct (Code) with input from school staff, students, parents, and the community. The Code defines our expectations for student behavior and provides the framework for a safe, orderly, and respectful learning environment.

Article 1 - Standards for Ethical and Responsible Behavior

We value decisions and actions guided by the principles of:

See Policy AD - Educational Philosophy

Article 2 - Code of Conduct

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

Article 3 - General Behavior Expectations

The following expectations for student behavior are fundamental to a 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. Engage with the education community.
  5. Follow directions from school staff.
  6. Cooperate with staff in maintaining school safety, order, and discipline.
  7. Attend school regularly.
  8. Meet school standards for grooming and dress.
  9. Respect the property of others, including school property and facilities.
  10. Refrain from cheating or plagiarizing the work of others.
  11. Refrain from vulgarity, profanity, obscenity, lewdness, and indecency.

Article 4 - Consequences

Violations of the Code may result in positive and restorative interventions and/or other consequences. Administrators have the discretion to tailor consequences to the facts and circumstances of the particular case. Consequences for violations will range from a verbal warning for minor misconduct up to and including expulsion for the most serious offenses.

Behavior that also violates the law may be referred to law enforcement authorities as described in Article 8.

See policies JK - Student Discipline, JKD - Suspension of Students, JKE - Expulsion of Students, and KLG - Relations with Law Enforcement Authorities

Article 5 - 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 Board policies and/or school handbooks, Board policies will prevail.

  1. 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, and threats, intimidation, or harassment. Violations may result in consequences up to and including expulsion.

    See policies JICIA - Weapons, Violence, and School Safety, JICK - Bullying and Cyberbullying Prevention in Schools, and EBCC - Bomb Threats

  2. 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 consequences up to and including expulsion.

    See policy JICIA- Weapons, Violence, and School Safety

  3. 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 a public school". No student shall plan, encourage, or engage in such activities in connection with any school program or activity, including extracurricular and co-curricular activities. Students who engage in hazing activities are subject to suspension, expulsion and/or other appropriate consequences.

    See policy ACAD - Hazing

  4. Discrimination and Harassment/Sexual Harassment

    Students shall not discriminate against other students on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin or disability. Nor should students harass one another on the basis of race, color, sex, sexual orientation, religion, ancestry, national origin, or disability. Sexual harassment is also prohibited. Harassment is grounds for consequences up to and including expulsion.

    See policies AC- Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA - Harassment and Sexual Harassment of Students

  5. Bullying and Cyberbullying

    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:

    1. Has, or a reasonable person would expect 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 the student's property;
    2. Interferes with the rights of a student by:
    3. Creating an intimidating or hostile educational environment for the student; or
    4. Interfering with the student's academic performance or ability to participate in or benefit from the services, activities, or privileges provided by a school; or
    5. Is based on specified actual or perceived characteristics or association with persons with these actual or perceived characteristics.

    Bullying and Cyberbullying is grounds for disciplinary action up to and including expulsion.

    See policies ACAA - Harassment and Sexual Harassment of Students, JICK - Bullying and Cyberbullying Prevention in Schools

  6. Use of Alcohol, Drugs, Tobacco, and Other Prohibited Substances

    Students shall not consume, possess, furnish, sell, receive, buy, manufacture, or be under the influence of prohibited substances as described in Board policy. Violations may result in consequences up to and including expulsion from school.

    See policy JICH - Student Use of Alcohol, Drugs, Tobacco, and Other Prohibited Substances

  7. Conduct on School Buses

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

    See policy JICC - Student Conduct on School Buses

  8. Computer/Internet Use

    Students are expected to practice good digital citizenship. Students may use school computers, networks, and internet services only for educational purposes and other purposes authorized by the school unit. Students shall comply with all policies and rules governing acceptable use.

    Unacceptable use may result in use restrictions, suspension, or cancellation of computer privileges as well as additional consequences and/or legal action.

    See policies IJNDB - Student Computer and Internet Use and JICK - Bullying and Cyberbullying in Schools

  9. Co-Curricular/Extracurricular Code of Conduct

    Students must follow all Board policies and school rules while participating in co-curricular and extracurricular activities. In addition, a separate Code of Conduct governs the behavior of students participating in these activities. Students who violate the High School Co-Curricular and Extracurricular Activities Eligibility and Code of Conduct policy may be subject to suspension or removal from the team/activity as well as additional consequences under applicable Board policies and/or school rules.

    See policy JJJ - High School Co-Curricular and Extracurricular Eligibility Requirements and Code of Conduct

Article 6- Removal of Disruptive Violent/Threatening Students

  1. Students who are disruptive, violent, or threaten death or bodily harm to themselves or 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.

    1. 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.
    2. The responding administrator will take appropriate action.
    3. Any use of physical restraint or seclusion of students must comply with applicable regulations and Board policy.

    See 20-A MRS§ 4009 - Protection from Liability, Comprehensive Emergency Management Plan, MDOE Rule Chapter 33 - Physical Restraint and Seclusion of Students, and policy JKAA - Use of Physical Restraint and Seclusion

Article 7- Special Services

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

    See policies IHBAA- Referral/Pre-Referral of Students with Disabilities and IHBAC- Child Find

  2. Review of Individual Educational Plan (IEP): The school shall schedule an IEP meeting to review the IEP of a student who has been removed from class when:

    1. School officials and/or the parent believes that a student may present a substantial likelihood of injury to themselves or others;
    2. The class removals are sufficient to constitute a change in the student's special education program; or
    3. School officials or the parent believes that the student's behavior may warrant a change in educational programming.

    See policy JKF - Disciplinary Removals of Students with Disabilities

Article 8- Assistance of Law Enforcement Authorities

The Superintendent and administrators have the authority to make reports to and/or seek the assistance of law enforcement authorities when there is a substantial threat to the safety, health, or welfare of the schools, students, or staff.

See policy KLG - Relations with Law Enforcement Authorities

Article 9 - Dissemination of System-Wide Student Code of Conduct

The System-Wide Student Code of Conduct shall be distributed to staff, students, and parents through handbooks and/or other means selected by the Superintendent and building administrators.

Cross Reference:

Adopted:

Revised:

JICA - STUDENT DRESS

The Board recognizes that 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.

Students are encouraged to use sound judgement and reflect respect for themselves and others in dress and grooming. In keeping with the goals of the school unit to provide a safe, healthy and non-discriminatory environment for educating students for maximum academic and social development, the following restrictions on dress shall be enforced.

  1. Articles of clothing that promote the use of tobacco, alcohol or other drugs may not be worn on school grounds (when school is in session) or at school functions.
  2. Clothing, footwear, insignia or accessories that are intended to identify the wearer as a member of a particular gang are prohibited.
  3. Articles of clothing with displays that are sexual, vulgar, lewd or indecent or include insulting words (e.g., racial/ethnic slurs) are impermissible.
  4. Clothing that is destructive of school property (e.g., cleats, pants with metal inserts that scratch furniture) is not permitted.

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.

These guidelines shall be published in student handbooks at each building the Superintendent is responsible for the development of any administrative procedures necessary to implement this policy.

Adopted:

JICB - CARE OF SCHOOL PROPERTY

The administration shall ensure that proper records are kept on all textbooks, materials, supplies and equipment owned by the school system.

Records shall be maintained which indicate the issuance of such items to the various schools, and within the schools, issuance to individual teachers and students.

Schools, staff members and students shall be held responsible for items that have been issued for their use.

All school-owned equipment for extracurricular activities, including uniforms, shall be issued at the beginning of each season and returned at the end of each season, and complete records shall be kept on all such equipment.

Teachers shall, at least once a year, make a careful inspection of textbooks and permanent supplies in use by students. The building principal shall impose fines for damages resulting from carelessness and unwarranted use by students.

-Title 20-A MRSA Sec. 1055

Adopted:

Replaces:

Reviewed:

JICC - STUDENT CONDUCT ON BUSES

The law does not relieve parents 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.

Once a child boards the bus - and only at that time - does the student become the responsibility of the school system. Such responsibility shall end when the child is delivered to the assigned 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 on the bus in a manner consistent with established standards for classroom behavior. All Board policies and school rules apply to students on buses.

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

Children who become a serious disciplinary problem on the bus may have their riding privileges suspended by the building administrator. In such cases, the parents/guardians are responsible for providing safe transportation for their children. Children who violate Board policies and school rules may also be disciplined under the applicable policy and/or rule.

Cross Reference:

Adopted:

Revised:

JICH - STUDENT USE OF ALCOHOL, DRUGS, TOBACCO AND OTHER PROHIBITED SUBSTANCES


STUDENT USE OF ALCOHOL, DRUGS, TOBACCO AND OTHER PROHIBITED SUBSTANCES

In order to promote the highest possible standards of learning, as well as the physical, social and emotional well-being of students, this policy is designed to aid students in abstaining from the unlawful use of alcohol, drugs, tobacco and other Prohibited Substances through prevention education ; provide for early intervention when use is detected or a student seeks help; and identify consequences for policy violations. The Superintendent is responsible for developing appropriate administrative procedures, curricula and programs to implement this policy, as well as administrative training necessary to carry out the procedures. 

Student compliance with this policy is mandatory. Any school staff member who has reason to suspect that a student has violated this policy is expected to report the incident to an appropriate administrator as soon as possible.

This policy shall be disseminated through student-parent handbooks annually.

A.   Prevention:

The School Department will provide students with information and activities focused on educating students about the use of Prohibited Substances and preventing their use. Such information and activities will address the legal, social and health consequences of use of Prohibited Substances and will provide information about effective techniques for resisting peer pressure to use Prohibited Substances. The School Department will work in partnership with students, parents, social service organizations and local law enforcement to reduce risks for students where possible.

B. Intervention

The School Department provides assistance through appropriate school staff, such as social workers, substance abuse counselors and guidance counselors, to intervene and counsel students who are involved with and/or using Prohibited Substances and to assist students in continuing their education. Information will be provided, as appropriate, about outside programs and resources that are available to assist students. Student records concerning such interventions shall be kept confidential as required by state and federal laws.

C. Prohibited Conduct

Students are prohibited from consuming, possessing, furnishing selling, offering, distributing, dispensing, receiving, buying, manufacturing, consuming or being under the influence of prohibited substances before, during and after school hours:

Students who participate in co-curricular and extracurricular activities are subject to additional rules and sanctions (see Board Policy JJJ).

D.   Prohibited Substances

The term “Prohibited Substance” shall include, but not be limited to:

  1. Alcohol (ethyl alcohol, “EtOH);

  2. Scheduled drugs (as defined in 17-A MRSA § 1101);

  3. Controlled substances (as defined in the federal Controlled Substance Act, 21 USC § 812);

  4. Tobacco products of any kind;

  5. Electronic vaporizer devices, including but not limited to e-cigarettes, e-hookahs, vape pens, or similar devices;

  6. Prescription drugs not prescribed for the student and/or not in compliance with the Board’s policy on administering medications to students (see Board Policy JLCD);

  7. Any substance possessed or used for ingestion to produce an intoxicating effect (including but not limited to aerosols, paints, solvents and glue);

  8. Steroids or any substance on the Maine Department of Health and Human Services’ list of banned performance-enhancing substances;

  9. Paraphernalia – implements used for distribution or consumption of a prohibited substance; or

  10. Any look-alike drug or substance that is described as or is purported to be a prohibited substance defined in this section.


E. Consequences for Policy Violations

Administrators 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.



Cross Reference:     



Adopted:            

June 13, 2006

Revised:                 


JICH-R - STUDENT USE OF ALCOHOL, DRUGS, TOBACCO, AND OTHER PROHIBITED SUBSTANCES ADMINISTRATIVE PROCEDURE

 

  1. Voluntary Referrals to Social Worker/Guidance Counselor ("Voluntary Help")
    1. A student concerned about their own use of Prohibited Substances, or those of another student, may seek the assistance of a school social worker, substance abuse counselor, or guidance counselor. Voluntary Help will not result in any disciplinary action. However, a student may not use Voluntary Help to avoid consequences after a known violation of Policy JICH.
    2. Any staff member who has a concern or is approached by a student(s) about issues with Prohibited Substances shall refer the student(s) to a school social worker, substance abuse counselor, or guidance counselor.
    3. Parents/guardians who have a concern about a student's possible issues with Prohibited Substances are encouraged to notify a school social worker, substance abuse counselor, or guidance counselor of their concern. However, such referrals cannot be used to avoid consequences after a known violation of Policy JICH.
    4. The school social worker, substance abuse counselor, or guidance counselor will meet with the student and their parents/guardians (if appropriate). School staff will perform a non­-clinical chemical health assessment and develop an action plan to meet the student's particular needs, if necessary.
    5. Confidentiality of student information concerning issues with Prohibited Substances will be maintained in accordance with state and federal laws.
  2. Reports to Law Enforcement

In general, the Board believes that policy violations are best handled by the school in conjunction with the student and their family, but reports to law enforcement will be made in the following circumstances:

  1. Because of the risks to student health and safety of the schools and district, the administration will report to law enforcement any violation of Policy JICH that involves furnishing, selling, or manufacturing a Prohibited Substance.
  2. The administration has the authority to make a report to law enforcement for other violations of Policy JICH in either of the following circumstances:
    1. The student has violated the policy more than once and the principal (after consultation with the applicable school social worker, substance abuse counselor, or guidance counselor) believes that such reporting is in the best interest of that student and the school district; or
    2. There is a substantial threat to the safety, health, or welfare of the schools, students or staff.
  3. Consequences for Policy Violations
    1. Prohibited Substances Other than Paraphernalia and Tobacco Products
      1. Consuming, possessing, buying, receiving, or being under the influence of a Prohibited Substance other than paraphernalia and tobacco products.

        First Violation in a School Year
        The student will be suspended from school for four days. The suspension will be reduced to two days if the student agrees to meet with a school social worker or substance abuse counselor and comply with any action plan developed by the social worker. If the student fails to comply with the action plan, the rest of the suspension must be served.

        The student's parent(s)/guardian(s) are required to attend a meeting with appropriate school staff.

        Second Violation in a School Year
        The student will be suspended from school for eight days. The student must meet with a social worker or substance abuse counselor and comply with any action plan developed by the social worker or substance abuse counselor. If the student fails to comply with the action plan, further consequences may be imposed.

        The student's parent(s)/guardian(s) are required to attend a meeting with appropriate school staff.

        Third Violation in a School Year
        The student will be suspended from school for ten days and referred to the Superintendent for consideration of possible expulsion.

      2. Furnishing, selling, or manufacturing a Prohibited Substance other than paraphernalia and tobacco products.

        First Violation
        The student will be suspended from school for ten days and referred to the Superintendent for consideration of possible expulsion.

 

    1. Paraphernalia, Tobacco and Electronic Vaporizer Device Violations

First Violation

The student will be required to meet with a social worker or substance abuse counselor and participate in an appropriate educational program.

The student's parent(s)/guardian(s) are required to attend a meeting with appropriate school staff.

Second Violation

The student will be suspended from school for one day and the student must meet with a school social worker or substance abuse counselor.

Third Violation in School Year

The student will be suspended from school for five days. The student must meet with a school social worker or substance abuse counselor. If the student fails to comply with the action plan, further consequences may be imposed.

Cross Reference:

 

Adopted:                

 

 

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 other disruptive behavior. Students, school staff, volunteers, and visitors 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 and volunteers are required to immediately report incidents of prohibited conduct to the building administrator for investigation and appropriate action. Students who are subjected to or observe prohibited conduct are strongly encouraged to report it to a staff member or administrator.

A. Prohibited Conduct

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

  1. Possession and/or use of articles commonly used 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, Kung Fu stars, and nunchucks;
  2. Discharge of a firearm within 500 feet of school property;
  3. 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 objects include but are not limited to bats, belts, picks, pencils, compasses, articles capable of ignition (e.g., matches, lighters), files, tools of any sort, and replicas of weapons (including toys);
  4. Violent, threatening, or menacing 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), stalking, or blocking access to school property or facilities;
  5. Verbal or written statements (including those made using a computer or other electronic device or technologies) which threaten, intimidate, or harass others which tend to incite violence and/or disrupt the school program; blackmail; extortion; or demands for money or property;
  6. Willful and malicious damage to school or personal property;
  7. Stealing or attempting to steal school or personal property;
  8. Lewd, indecent, or obscene acts or expressions of any kind;
  9. Violations of the school unit's drug/alcohol and tobacco policies;
  10. Violations of state or federal laws; and
  11. Any other conduct that may be harmful to persons or property.

 

B. Exceptions to Prohibition Against Possession and Discharge of Firearms/Weapons on School Property

  1. The prohibition on the possession and discharge of a firearm/weapon does not apply to law enforcement officials.

 

C. Response to Policy Violations/Disciplinary Action

Principals may engage 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 MRS § 1001(9) and will be grounds for expulsion, as permitted by law, 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 MRS § 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 students who is found to have brought a firearm or to have possessed a firearm at a school (as both terms are defined by federal law), shall be expelled for a period of not less than one year, unless this requirement is 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.

D. School Staff and Volunteers


School staff members who violate this policy shall be disciplined in accordance with any applicable collective bargaining agreement or school unit procedure.

Volunteers who violate this policy may, at the Superintendent and building administrator's discretion, have their volunteer authorization revoked or restricted, depending on the circumstances of the particular case. Violations of this policy may be referred to law enforcement authorities.

E. All Other Persons

All other persons who violate this policy may be required to leave school property and law enforcement may be notified of violations.

F. Psychological Evaluation/Risk Assessment

The Superintendent is authorized to request a psychological evaluation of a student who violates this policy when, in the Superintendent’s 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, the Superintendent and the Board may draw any reasonable inferences from the student's behavior concerning the risk the student poses to school safety for purposes of determining appropriate action.

G. Staff/Student Training and Procedures


The Superintendent is authorized to institute training programs for staff and students designed to support the goal of providing a safe, orderly, and respectful school environment. The Superintendent is also authorized to implement any administrative procedures necessary to carry out this policy.

Cross References:

Adopted:

Revised:

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.

The Cape Elizabeth School Department 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:

  1. Teachers and/or building administrators may establish rules regarding students' use of privately-owned electronic devices including, but not limited to, cell phones and other handheld devices, at school or during school activities.
  2. The use of cameras, including camera phones or similar recording devices, is strictly prohibited in locker rooms, bathrooms, and nurses offices. Care should be taken in other locations to respect the privacy of all individuals on our school grounds.
  3. 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.

Building administrators 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:    

Adopted:

 

 

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.

The Cape Elizabeth School Department 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.

  1. Teachers and/or building administrators may establish rules regarding students' use of privately-owned electronic devices including, but not limited to, cell phones and other handheld devices, at school or during school activities.
  2. The use of cameras, including camera phones or similar recording devices, is strictly prohibited in locker rooms, bathrooms, and nurses offices. Care should be taken in other locations to respect the privacy of all individuals on our school grounds.
  3. 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 a reasonable suspicion of a violation.

Building administrators 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:

Adopted:

February 9, 2021

JICK - BULLYING AND CYBERBULLYING PREVENTION IN SCHOOLS

 

Introduction

It is our goal for our schools to be a safe and secure learning environment for all students. It is the intent of the Cape Elizabeth School Board to provide all students with an equitable opportunity to learn. To that end, the Board has a significant interest in providing a safe, orderly, and respectful school environment that is conducive to teaching and learning.

Bullying and other forms of peer mistreatment are detrimental to the school environment as well as student learning, achievement, and well-being. Peer mistreatment interferes with the mission of the schools to educate their students and disrupts the operations of the schools. Bullying and other forms of peer mistreatment affect not only students who are targets but also those who participate in and witness such behavior. These behaviors must be addressed to ensure student safety and an inclusive learning environment.

It is not the Board's intent to prohibit students from expressing their ideas, including ideas 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 interferes with students' opportunity to learn, the educational mission of the Cape Elizabeth School Department schools, and the operation of the schools.

Prohibited Behavior

The following behaviors are prohibited:

    1. Bullying
    2. Cyberbullying;
    3. Harassment and Sexual Harassment (as defined in board policy ACAA);
    4. Retaliation against those reporting such defined behaviors; and
    5. Making knowingly false accusations of bullying behavior.

      Any person who engages in any of these prohibited behaviors that constitutes bullying shall be subject to appropriate disciplinary actions.

Bullying and Cyberbullying Defined

“Bullying” and “Cyberbullying” have the same meaning in this policy as in Maine law.

  1. “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:
    1. 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 the student's property;
        OR
    2. 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 a school;
        OR
    3. Is based on a student's actual or perceived race, color, national origin, ancestry, religion, physical or mental disability, gender, sexual orientation, or any other distinguishing characteristic, or is based on a student's association with a person with one or more of these actual or perceived characteristics, and that has the effect described in subparagraph (1) or (2) above. (These behaviors might also meet the criteria for harassment as defined in board policy ACAA – Harassment and Sexual Harassment of Students.)

 

Examples of conduct that may constitute bullying include, but are not limited to:

    1. Repeated or pervasive taunting, name-calling, belittling, mocking, put-downs, or demeaning humor;
    2. Behavior that is likely to harm someone by damaging or manipulating his/her/their relationships with others, including but not limited to gossip, spreading rumors, and social exclusion;
    3. Non-verbal threats and/or intimidations such as use of aggressive, menacing, or disrespectful gestures;
    4. Threats of harm to a student, to his/her/their possessions, or to other individuals, whether transmitted verbally or in writing;
    5. Blackmail, extortion, demands for protection money, or involuntary loans or donations;
    6. Blocking access to school property or facilities;
    7. Stealing or hiding books, backpacks, or other possessions;
    8. Stalking; and
    9. Physical contact or injury to another person or his/her/their property.

  2. “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, and personal digital assistant. 

Examples of conduct that may constitute cyberbullying include, but are not limited to, the following actions on any electronic medium: 

    1. Posting slurs or rumors or displaying any defamatory, inaccurate, disparaging, violent, abusive, profane, or sexually oriented material about a student on a website, an app, in social media, or any other electronic platform;
    2. Posting misleading or fake photographs or digital video footage of a student on websites or creating fake websites or social networking profiles in the guise of posing as the targeted student;
    3. Impersonating or representing another student through the use of that other student's electronic device or account to send e­mail, text messages, instant messages (IM), phone calls, or other messages on a social media website;
    4. Sending email, text messages, IM, or leaving voicemail messages that are mean or threatening, or so numerous as to bombard the target's email account, IM account, or cell phone; and
    5. Using a camera phone or digital video camera to take and/or send embarrassing or "sexting" photographs of other students.
  2. “Retaliation” means an act or gesture against a student for asserting or alleging an act of bullying. “Retaliation” also includes knowingly falsely reporting an act of bullying.
  3. “Substantiated” means that the outcomes of the investigation on the Responding Form (JICK-E2) provide clear evidence to prove that bullying or cyberbullying, as defined in policy, did occur.
  4. “Alternative discipline” means disciplinary action other than suspension or expulsion from school that is designed to correct and address the root causes of a student's specific misbehavior while retaining the student in class or school, or restorative school practices to repair the harm done to relationships and persons from the student's misbehavior.

 

Application of Policy

    1. This policy applies to any student, school employee, contractor, visitor, or volunteer who engages in conduct that constitutes bullying or retaliation, all of whom have the responsibility to comply with this policy.
    2. This policy applies to bullying that:
      1. Takes place at school or on school grounds, meaning: a school building; property on which a school building or facility is located; and property that is owned, leased, or used by a school for a school-sponsored activity, function, program, instruction, or training.  “School grounds” also includes school-related transportation vehicles.
      2. Takes place while students are being transported to or from schools or school-sponsored events;
      3. Takes place at any school-sponsored event, activity, function, program, instruction  or  training; or
      4. 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 this policy's definition of bullying.

 

Reporting

Refer to the Reporting Form JICK-El

Refer to the Flowchart JICK-E4

Bullying or suspected bullying is reportable in person or in writing (including anonymously) to school personnel.

  1. School staff, coaches, and advisors for extracurricular and cocurricular activities are required to report alleged incidents of bullying to the school principal or other school personnel designated by the superintendent.  Any other adult working or volunteering in a school will be encouraged to promptly report observed or suspected alleged incidents of bullying to the building principal or school personnel designated by the superintendent.
  2. Students who are believed to have been bullied or are aware of incidents of bullying are strongly encouraged to report this behavior to a staff member or school administrator.
  3. Parents and other adults who believe that an incident of bullying has occurred are encouraged to report this behavior to a staff member or school administrator.
  4. Acts of reprisal or retaliation against any person who reports an alleged incident of bullying are prohibited. Any student who is determined to have knowingly falsely accused another of bullying shall be subject to disciplinary consequences.

 

Responding

Refer to the Responding Form JICK-E2

The school principal or a superintendent's designee will:

  1. Promptly investigate and respond to allegations of bullying behavior;
  2. Keep written documentation of all allegations of bullying behavior and outcomes of the investigations, and report alleged and substantiated incidents to the superintendent;
  3. Inform parent(s) or guardian(s) of the student(s) who was alleged to have bullied AND of the student(s) who was believed to have been bullied that a report of an alleged incident of bullying has been made;
  4. Communicate to the parent(s) or guardian(s) of a student(s) who was believed to have been bullied the measures being taken to ensure the safety of the student(s) who was believed to have been bullied and to prevent further acts of bullying;
  5. Inform parent(s) or guardian(s) of the students involved the findings of the investigation and actions to be taken;
  6. Communicate with local or state law enforcement agency if it's believed that the pursuit of criminal charges or a civil action under the Maine Civil Rights Act may be appropriate.

 

Remediation

Refer to the Remediation Form JICK-E3 

The school principal or a superintendent's designee will:

  1. Identify the specific nature(s) of the incident.
  2. Apply disciplinary actions, which may include but are not limited to, imposing a series of graduated consequences that include alternative discipline.  In determining the appropriate response to students who engage in bullying behavior, school administrators should consider the type of behaviors, the frequency and/or pattern of behaviors, and other relevant circumstances. Alternative discipline includes, but is not limited to:
    1. Meeting with the student and the student's parents/guardian;
    2. Reflective activities, such as requiring the student to write an essay about the student's misbehavior;
    3. Mediation, but only when there is mutual conflict between peers, rather than one-way negative behavior, and both parties voluntarily choose this option;
    4. Counseling;
    5. Anger management;
    6. Health counseling or intervention;
    7. Mental health counseling;
    8. Participation in skills building and resolution activities, such as social­-emotional or cognitive skills building, resolution circles, and restorative conferencing;
    9. Community service; and
    10. In-school detention or suspension, which may take place during lunchtime, after school, or on weekends.

  3. Remediate any substantiated incident of bullying to counter the negative impact of the bullying and reduce the risk of future bullying incidents, which may include referring the victim, perpetrator, or other involved persons to counseling or other appropriate services.

 

Appeal

Notification shall be provided to parent(s), guardian(s), and students of the right to appeal a decision of a school principal or a superintendent's designee related to taking or not taking remedial action in accordance with this policy. The appeals procedure must be consistent with other appeals procedures established by the school board and may include an appeal to the superintendent.

Assignment of Responsibility

  1. The School Board is responsible for:
    1. Annually providing written versions of this policy and related procedures to students, parent(s) and guardian(s), volunteers, administrators, teachers, and school staff;
    2. Posting this policy and related procedures on the school administrative unit's publicly accessible website; and
    3. Including in student handbooks a section that addresses in detail this policy and related procedures.
  2. The superintendent is responsible for:
    1. Oversight, implementation, and enforcement of this policy and its procedures;
    2. Designating a school principal or other school personnel to administer the policies at the school level;
    3. Developing a procedure for publicly identifying the superintendent's designee or designees for administering the policies at the school level;
    4. Ensuring that the prohibition on bullying and retaliation and the attendant consequences apply to any student, school employee, contractor, visitor, or volunteer who engages in conduct that constitutes bullying or retaliation;
    5. Ensuring that any contractor, visitor, or volunteer who engages in bullying is barred from school grounds until the superintendent is assured that the person will comply with the policies of the school board; 
    6. Ensuring that any organization affiliated with the school that authorizes or engages in bullying or retaliation forfeits permission for that organization to operate on school grounds or receive any other benefit of affiliation with the school;
    7. Providing professional development and staff training in the best practices in prevention of bullying and harassment and implementation of this policy;
      [NOTE: The law requires “training and instructional materials related to the policy” be posted on the Maine Department of Education's website. See “Bullying Prevention Resources” on their website for further information]
    8. Filing the SAU policy that addresses bullying and cyberbullying with the Maine Department of Education; and
    9. Ensuring that substantiated incidents of bullying and cyberbullying are reported to the Maine Department of Education on at least an annual basis.

 

 

Cross Reference:

 

Adopted: 

Revised:

 

 

 


 

 

          



JICK-E1 (FORM) Reporting Form

CAPE ELIZABETH SCHOOL DEPARTMENT REPORTING FORM

[PDF version of Form JICK-E1.pdf]

The information below is the complete form. Please use the link above to download a PDF version of the form. 

Date the alleged bullying incident(s) reported: ________________________________________

 

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

 

Status of reporter: Student Parent/Guardian 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): __________________________________

 

Name 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.



______________________________________ ______________________________

Signature of Complainant/Reporter Date

 

Received by: ___________________________ Date: _________________________

 

Position/title: ___________________________ Date: _________________________

 

Copy to Building Principal – Date: _________________________________________________

 

Copy to Superintendent – Date: ____________________________________________________

JICK-E2 (FORM) Responding Form

PDF Version of Form JICK-E2.pdf

 

Cape Elizabeth School Department RESPONDING FORM

 

Date the alleged incident of bullying was reported: ____________________________________

 

Name of person investigating alleged incident(s): _____________________________________

 

Position/title of investigator: ______________________________________________________

 

Person reporting is (circle one) Student Parent/Guardian School Employee

 

Coach/Advisor Volunteer Other_____________

 

Name(s) of alleged target: ________________________________________________________

 

Name(s) of alleged bully(ies): ____________________________________________________

 

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 the 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)

 

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


Person notified: ____________________________ Date: _______________________

 

Do the 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/they have been bullied, description of alleged incident(s) (dates and details): _____________________________________________________




Communications with parent/guardian(s) of student who believes he/she/they have been bullied (date(s) and details): 




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



Communications with parent/guardian(s) of alleged bully(ies) (dates and details):





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




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





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




Safety measures communicated to parent/guardian(s) of students who believes he/she/they have 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 (date): _________________

 

Copy to Superintendent (date): ____________________

 

Actions Taken by the 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/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 or cognitive skills building, resolution circles, and restorative conferencing

______ Community service

 

Referral to law enforcement? ____ Yes ____ No

Written notice has been provided to parent/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): _________________________________

 

Actions Taken by the Superintendent

____ Recommendation to Board for student expulsion

____ Action on student/parent/guardian 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: ___________________________________________________________________

 

JICK-E3 (FORM) REMEDIATION FORM

PDF version of Form JICK-E3.pdf

REMEDIATION FORM

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

 

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

_____ Participation in skills building and resolution activities, such as social-emotional or 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.

 

__________________________________________ _____________________________

Printed Name (person completing this form) Position

 

__________________________________________ _____________________________

Signature Date

 

__________________________________________ _____________________________

Printed Name (person reporting to ME DOE) Position

 

__________________________________________ _____________________________

Signature Date 

 

__________________________________________

Copy to building principal - Date

 

__________________________________________

Copy to Superintendent - Date

JICK-E4 (FORM) BULLYING AND CYBERBULLYING PREVENTION IN SCHOOLS PROCESS

CAPE ELIZABETH SCHOOL DEPARTMENT

BULLYING AND CYBERBULLYING PREVENTION IN SCHOOLS PROCESS

Form JICK-E4.png

*Exception: Employee reports must be in writing to the principal and may not be made anonymously.

JICK-R (PROCEDURE) - BULLYING AND CYBERBULLYING PREVENTION IN SCHOOLS ADMINISTRATIVE PROCEDURE

This procedure is intended as guidance for the school principal or superintendent’s designee to address an alleged bullying incident. Definitions, as well as steps for reporting, responding to, and remediating allegations of bullying, are provided. Behavior alleged to be based on a targeted student’s actual or perceived race, color, sex, sexual orientation (including gender identity and expression), religion, ancestry or national origin, or disability should be addressed under the Student Harassment and Sexual Harassment procedure (ACAA).

Definitions

The following terms are defined in Maine Public law, Chapter 659 and 20-A M.R.S.A. §6554:

  1. “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:

    1. 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 the student's property;

      OR

    2. 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 a school; OR

    3. Is based on a student’s actual or perceived race, color, national origin, ancestry, religion, physical or mental disability, gender, sexual orientation, or any other distinguishing characteristic, or is based on a student’s association with a person with one or more of these actual or perceived characteristics, and that has the effect described in subparagraph (1) or (2) above.

    “Bullying” includes cyberbullying.

  2. “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 and personal digital assistant. \

  3. “Retaliation” means an act or gesture against a student for asserting or alleging an act of bullying. “Retaliation” can also include knowingly false reporting of bullying. \

  4. “School grounds” means a school building; property on which a school building or facility is located; and property that is owned, leased, or used by a school for a school-sponsored activity, function, program, instruction, or training. “School grounds” also includes school-related transportation vehicles.

  5. “Alternative discipline” means disciplinary action other than suspension or expulsion from school that is designed to correct and address the root causes of a student’s specific misbehavior while retaining the student in class or school, or restorative school practices to repair the harm done to relationships and persons from the student’s misbehavior.

Reports of Bullying

Bullying or suspected bullying is reportable in person or in writing (including anonymously) to school personnel using the school unit’s Reporting Form (JICK-E1).

School staff, coaches, and advisors for extracurricular and cocurricular activities are required to report alleged incidents of bullying to the school principal or other school personnel designated by the superintendent. Any other adult working or volunteering in a school will be encouraged to promptly report observed or suspected alleged incidents of bullying to the building principal or school personnel designated by the superintendent.

Students who are believed to have been bullied or are aware of incidents of bullying are strongly encouraged to report this behavior to a staff member or school administrator.

Parents and other adults who believe that an incident of bullying has occurred are encouraged to report this behavior to a staff member or school administrator.

Acts of reprisal or retaliation against any person who reports an incident of bullying are prohibited. Any student who is determined to have knowingly falsely accused another of bullying shall be subject to disciplinary consequences.

Reports of alleged bullying may be made anonymously, except by school staff, coaches, and advisors, but in no instance will disciplinary action be taken against any person or organization affiliated with the schools solely on the basis of an anonymous report.

The school principal or superintendent’s designee will forward a copy of the completed Reporting Form to the superintendent.

Safety Measures

The school principal or superintendent’s designee will communicate to the parent(s) or guardian(s) of the student(s) who was believed to have been bullied the measures being taken to ensure the safety of the student who was believed to have been bullied and to prevent further acts of bullying.

These measures are documented on the Responding Form (JICK-E2).

Responding/Investigation

The school principal or superintendent’s designee will: \

Remediation

If it is determined that there is a substantiated incident of bullying, the school principal or superintendent’s designee will:

Appeal

The parent(s) or guardian(s) and student must be notified of the right to appeal the school principal’s or superintendent’s designee’s decision related to taking or not taking remedial action as identified in the appeals procedure established by the School Board.

Cross Reference:

Adopted:

Revised:

JID - STUDENTS OF LEGAL AGE

All students of the Cape Elizabeth School Department, including students in regular classes who have reached the age of 18 attending the high school, shall observe all the rules and regulations established by Board policy or the school administration for all students unless special exceptions have been made.

The school administration is authorized to make special regulations for adult students in keeping with their greater maturity, providing these regulations do not violate basic board policy. 

Cross reference:                  

 

Adopted:                            

Reviewed & Accepted:      

Recoded:                            

Revised:                             

Reviewed:                          

 

JIH - QUESTIONING AND SEARCHES OF STUDENTS AND STUDENTS' LOCKER/STORAGE FACILITIES

 The School Board seeks to maintain a safe and orderly environment in the schools. School administrators may question and/or search students in accordance with this policy and accompanying administrative procedure (e.g., "Permitted Searches).

Students, their personal property, and their vehicles may be searched while on school property or at any school-sponsored event or activity upon reasonable suspicion that they possess any items or substances which are prohibited by Board policies and/or rules, or upon reasonable suspicion of a substantial threat to the safety, health, or welfare of the schools.

When a reasonable suspicion of a substantial threat to the safety, health, or welfare of the schools, students or staff exists, school administrators may search groups of students or the entire student body without individualized suspicion.

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, for violations of board policies or rules. Canine patrols may be used to conduct searches anywhere on school property but only if conducted in compliance with JIH-R and other applicable Board policies or rules. 

If a search produces evidence that a student has violated or is violating Board policies and/or Board 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 when there is a substantial threat to the safety, health, or welfare of the schools, students or staff, or where referrals to police are otherwise permitted by school policy.

A student who refuses to comply with a "Permitted Search" directive may be subject to disciplinary action, including the disciplinary consequences for the suspected violation, based on reasonable suspicion.

This policy and the accompanying procedure will be included in student/parent handbooks.

Cross reference:

Adopted:

Revised:

 

 

 

 



JIH-R (PROCEDURE) - QUESTIONING AND SEARCHES OF STUDENTS AND STUDENTS' LOCKER/STORAGE FACILITIES ADMINISTRATIVE PROCEDURES

The purpose of this administrative rule is to provide procedures for the conduct of student questioning and searches by authorized school administrators pursuant to Policy JIH. School administrators have the discretion to request the assistance of law enforcement authorities where there is a reasonable suspicion of a substantial threat to the safety, health and welfare of the schools, students or staff. Law enforcement authorities will not participate in searches except where there is a reasonable suspicion of a substantial threat to the safety, health and welfare of the schools, students or staff.

During a search if an item is found that violates Board policies or Board rules, or is a reasonable suspicion of a substantial threat to the safety, health and welfare of the schools, students or staff it shall be seized. Illegal items such as prohibited substances, weapons, firearms, etc., shall be turned over to law enforcement authorities. Other items shall be stored in a secure location until a determination is made regarding appropriate disposition.

School administrators are required to document all searches and items seized or impounded and inform the Superintendent and the parents of students involved.

  1. 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, and/or Board rules.
    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.
  2. Searches of Students, Personal Property in Students' Immediate Possession While on School Property
    1. School administrators are authorized to search students and/or personal property in students' immediate possession while on school property in accordance with Policy JIH.
    2. All searches of students and/or their 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. A reasonable effort will be made to conduct searches out of the sight and hearing of other students.
    3. Searches shall 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 pat downs and searches of the student's outer clothes (e.g., pockets, jacket, shoes, hat) and personal belongings (e.g., purse, backpack, gym bag, lunch bag). The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator may open and search the items. If the search produces a reasonable suspicion of the presence of evidence, a broader search may be justified.
    4. Searches which disclose evidence that a student has violated Board policies or Board rules will be addressed through school disciplinary procedures. Where there is a reasonable suspicion of a substantial threat to the safety, health and welfare of the schools, students or staff, evidence of such threat may be forwarded to law enforcement authorities for possible investigation/prosecution.
  3. Searches of School Lockers, Desks, and Other School Storage Facilities on School Property
    1. School administrators shall consult with the Superintendent prior to conducting random searches. 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.
    2. Searches of individual student lockers, desks, or other storage facilities and their contents based upon reasonable suspicion will be conducted in the presence of a witness. If practical under the circumstances of the search, a reasonable effort will be made to conduct searches out of the sight and hearing of the other students. If practical, the student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator may open and search the items.
    3. Any search which discloses evidence that a student has violated Board policies or Board rules will be addressed through school disciplinary procedures. Where there is a reasonable suspicion of a substantial threat to the safety, health and welfare of the schools, students or staff, evidence of such threat may be forwarded to law enforcement authorities for possible investigation/prosecution.
  4. Patrolling of Parking Lots and Searching Vehicles
    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 Board policies or Board rules, a school administrator will search the vehicle in the presence of a witness, except where the circumstances make the presence of a witness impractical.
    3. If practical, the student should be present during the search. A reasonable effort will be made to conduct searches out of the sight and hearing of other students. The student may be given the opportunity to open any closed items or items that are not easily accessible to visual search. If the student refuses, the administrator may open and search the items.
  5. Canine Patrols and Searches
    1. The Superintendent may request appropriate law enforcement authorities to conduct canine patrols anywhere on school property, including in hallways and parking lots, where there is a reasonable suspicion arising from weapons or explosives or a substantial threat to the safety, health or welfare of the schools, students or staff.

Cross reference:

Adopted:

Revised:

JJI-ATHLETIC POLICY PHILOSOPHY & BELIEFS

Philosophy

Athletics offer an important extracurricular extension of the Cape Elizabeth School Department's core academic mission. Participation in the athletic program should assist our students in developing the knowledge, skills, behaviors, and attitudes to become successful individuals and citizens.

While students are entitled to a core academic education, athletic participation is a privilege and not a right. In earning and retaining that privilege, student athletes are held to clear and appropriate academic and behavioral expectations.

Cape Elizabeth has a very strong tradition of excellence in school athletics. This tradition exists because of the collaborative effort of the student athletes, their families, the schools, the athletic department, booster groups, and the community. By modeling discipline, high expectations, and ethical decision-making, we will nurture and enhance that tradition.

Beliefs

  1. We believe that participation in athletics contributes to the physical, mental, emotional, moral, and social well being of an individual.
  2. We believe that athletics offer both challenges and opportunities for success for our students. Students should be encouraged to participate in athletics, as their interests lead and as their abilities allow.
  3. We believe in an equitable athletic program - one that does not discriminate, one that provides opportunities at several levels, and one in which all members of a team feel welcome and valued.
  4. We believe that student athletes, coaches, and fans represent more than themselves and their respective teams. They are also ambassadors of our school district and of our town. As such, we expect all to embrace the principles of good sportsmanship and to show utmost respect for fellow team members, opponents, coaches, fan officials, equipment, and facilities.
  5. We believe that school athletics should take place in a physically and emotionally safe environment where acclimate enthusiasm, high expectation, and mutual respect is fostered. At all levels of competition, athletics should remain fun.
  6. We believe in the value of goal setting, as it plays an important role in the success of an athletic program and in the success of the individual student athlete. Success should be measured in terms of progress made on individual, team, and program goals, and not solely on contest wins and championships.
  7. We believe that the demands that our athletic program places upon our student athletes should be carefully measured and should not place a hardship upon academic achievement.
  8. We believe that coaches should be exemplary role models for our youth. We believe that the player-coach relationship is at the heart of a successful athletic program. We recognize the importance of quality coaching in the development of our student athletes. It is our goal to attract, retain, develop, and supervise the best possible coaches for Cape Elizabeth athletes.
  9. We believe that booster groups provide valuable support to our athletic program.
  10. We believe that athletics is a natural extension of the classroom. It is therefore our goal to effectively teach important lessons in character, teamwork, self-discipline, commitment, loyalty and organization within the framework of each sport.

Adopted:

Revised:


 

 

 

 

 

 

 


JJI-R (PROCEDURE) - ATHLETIC GUIDELINES- PHILOSOPHY & BELIEFS

The Cape Elizabeth School Board believes in the importance of the chain of accountability with regard to all of its programs. The intent should always be to handle conflict and concerns at the source or lowest possible level first. If issues are not resolved, individuals or groups should seek assistance from the next higher level. The flow chart below depicts the organizational structure of the athletic department:

ATHLETIC DEPARTMENT FLOW CHART

Athletic Department Flow Chart - Level 1: School Board - Level 2: Superintendent - Level 3: Community Service Director, High School Principal, Middle School Principal, Athletic Administrator - Level 4 (reports to Athletic Administrator): Middle School Coaches, Head Coaches - Level 5: JV Coaches, Head Coaches

CAPE ELIZABETH ATHLETICS LEVELS OF COMPETITION DEFINITIONS

High School Varsity

Junior Varsity

Freshman

Middle School

Adopted:

Revised:

 

 

JJIAB - PRIVATE SCHOOL STUDENTS - ACCESS TO PUBLIC SCHOOL CO-CURRICULAR, INTERSCHOLASTIC, AND EXTRACURRICULAR ACTIVITIES

The Board recognizes that Maine law sets standards for access to public school co-curricular, interscholastic, and extracurricular activities by students enrolled in equivalent instruction programs in private schools. 

For the purpose of this policy, "student enrolled in equivalent instruction program" means a student otherwise eligible to attend school in that school administrative unit, including a student who resides in the unorganized territory, when the student is enrolled in an equivalent instruction program in a private school that is recognized as an equivalent instruction alternative under 20-A MRSA § 5004-A(3)(l)(b).

  1. PARTICIPATION IN CO-CURRICULAR ACTIVITIES
    "Co-Curricular activities", for the purpose of this policy, are activities that are sponsored by school, are directly related to the curriculum, and support achievement of the learning standards established by law, Board policy, and/or administrative action. Examples of such activities include the math club, science fairs, and world language clubs.

    A student enrolled in an equivalent instruction program as defined in this policy is eligible to participate in co-curricular activities sponsored by Cape Elizabeth Schools provided that:
    1. The student or their parent/guardian applies in writing to and receives written approval from the school principal/designee.
    2. The student currently meets, and agrees to meet in the future, established behavioral, disciplinary, attendance, and other rules applicable to all students.
    3. The private school the student attends does not provide the same co curricular activity.

      The principal/designee may withhold approval only if the school does not have the capacity to provide the student with the opportunity to participate in the co-curricular activity.

      If approval is withheld, the principal/designee will provide a written explanation to the student or student's parent/guardian stating the reason for the decision to withhold approval.

  2. PARTICIPATION IN EXTRACURRICULAR ACTIVITIES

    "Extracurricular activities", for the purpose of this policy, are school-sponsored activities for which participants are selected by staff supervising the activities, including those teams, both athletic and academic, that participate in interscholastic competition.

    A student enrolled in an equivalent instruction program as defined in this policy is eligible to try out for extracurricular and interscholastic activities sponsored by Cape Elizabeth Schools provided that the following requirements are met/satisfied:
    1. The student applies for and receives written approval from the principal/designee.
    2. 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.
    3. 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.
    4. 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.
    5. The student abides by the same transportation policy as regularly enrolled students participating in activities.
    6. The private school the student attends does not provide the same extracurricular or interscholastic activity.

      The principal/designee will be responsible for approving or withholding approval of applications to try out for an extracurricular activity. The principal/designee may withhold approval only if the school does not have the capacity to provide the student with the opportunity to participate in the co-curricular activity.

      If approval is withheld, the principal/designee will provide a written explanation to the student or the student's parent/guardian stating the reason for the decision.

      The criteria for selection of participants shall be determined by the staff members (coaches, advisors, and their supervisors) responsible for the activities. Tryouts are by nature competitive. Eligibility to try out does not guarantee participation.

      Decisions resulting in non-selection of individual students shall not be subject to appeal or reconsideration unless they are in violation of law or Board policy.
  3. VERIFICATION OF ELIGIBILITY

    To permit verification that the student has met eligibility requirements under this policy, the student's parent/guardian (or the student, if 18 years old) must authorize the private school to provide to the principal all information necessary to determine whether the student meets the requirements.

  4. DELEGATION OF AUTHORITY

    In order to maintain an efficient and orderly method for processing applications for participation, the Board authorizes the Superintendent/designee to develop procedures, as appropriate, for the principal/designee use in determining whether students have met eligibility requirements and for granting or withholding approval of participation.

    Cape Elizabeth School Department has no obligation to notify or provide information concerning eligibility for participation in school-sponsored co-curricular, interscholastic, or extracurricular activities to students enrolled in equivalent instruction in private schools.

  5. APPEALS

    Except as otherwise provided in this policy, appeals from administration and application of the Board policy are heard by the Board, whose decision is final and binding. Appeals that question the Board's policy compliance with legal requirements must be made to the Commissioner, whose decision is final and binding.


 

Adopted:





JJIBB - SPORTSMANSHIP

The Board believes that athletic competition should be a healthful, positive and safe experience for everyone involved, conducted in an environment that teaches values and ethics, strengthens the community, promotes competition without conflict and enriches the lives of athletes. Players should learn to handle success with grace and losing with dignity. In order to promote core values such as discipline, fairness, responsibility, trustworthiness and citizenship, everyone associated with athletics, including players, coaches, parents and spectators, is expected to exhibit good sportsmanship during athletic competitions.

  1. PARTICIPANTS

    In exhibiting sportsmanship, student-athletes are expected to:
    1. Understand and follow the rules of the sport;
    2. Recognize skilled performance of others, regardless of the player's team;
    3. Display respect for teammates, opponents, coaches and officials;
    4. Respect the judgement of officials and accept their decisions;
    5. Refrain from antics, taunting opponents and using insulting language or swearing;
    6. Be modest when successful and gracious in defeat; and
    7. Recognize that their conduct reflects on their school.
  2. COACHES

    In exhibiting sportsmanship, coaches are expected to:
    1. Recognize that they are role models for students and set a good example for athletes and fans to follow;
    2. Abide by the rules of the sport, in letter and in spirit;
    3. Treat all participants with respect;
    4. Behave with dignity and self-control;
    5. Respect the judgment of officials and accept their decisions;
    6. Take corrective action toward any player who intimidates or shows disrespect toward an official or displays unsportsmanlike behavior; and
    7. Be modest when successful and gracious in defeat.
  3. SPECTATORS, INCLUDING PARENTS, STUDENTS AND COMMUNITY MEMBERS

    Spectators attending athletic events are expected to:
    1. Realize that the main purpose of the competition is the play of the game and that the role of the spectator is one of support;
    2. Show positive support to the teams and players for outstanding performances;
    3. Show concern for injured players, regardless of which team they are on;
    4. Refrain from angry or abusive language or actions toward any player, official, coach or other spectators;
    5. Refrain from endangering participants or spectators by throwing objects;
    6. Refrain from heckling, taunting or berating players, officials, coaches or other spectators; and
    7. Follow all Board policies and rules pertaining to conduct on school property, including but not limited to those pertaining to tobacco, alcohol, drugs and weapons.

      School athletic events are school activities that are part of the educational program. An athletic event is not a public forum. The public is invited to attend athletic events for the purpose of supporting the participants on both teams and the schools they represent. Appropriate behavior by spectators, especially adults, provides a positive model for students and contributes to the value and educational purposes of athletic activities. Negative comments and behavior by spectators are inconsistent with the purposes of athletic activities. School administrators and officials have the authority and discretion to remove any spectators who do not comply with rules of sportsmanship.
  4. PENALTIES FOR INAPPROPRIATE BEHAVIOR

    Student athletes who engage in unsportsmanlike behavior will be subject to penalties described in the Athletic Code or, if the conduct constitutes a violation of Board policy, school rules or the Student Code of Conduct and/or Student Handbook, to appropriate disciplinary consequences.

    Student spectators whose behavior constitutes a violation of Board policy, school rules or the Student Code of Conduct will be subject to appropriate disciplinary consequences.

    Adult spectators who engage in unsportsmanlike behavior or conduct that violates Board policy may be asked to leave the premises and be excluded from future events. The administrator in charge of the event may seek the assistance of law enforcement authorities if necessary to ensure the safety of participants, coaches, officials or other spectators or to prevent damage to school property.

  5. NOTICE OF RULES

    A school administrator will be responsible for communicating spectator rules and posting as appropriate.

Cross Reference:               

 

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Revised:                            

 

 

 

 

 

JJIAB -E1 (FORM )- PRIVATE SCHOOL STUDENTS - APPLICATION FOR PARTICIPATION IN CAPE ELIZABETH CO-CURRICULAR ACTIVITIES

The parent (or student if 18 years of age or older) must submit a separate application for each activity in which participation is desired.

STUDENT INFORMATION:

Student's Name:

Student's Date of Birth:

Grade in Private School:

Student's Address:

Phone Number:

Parent/Guardian's Name:

Private School Name:

Private School Address:

Private School Phone Number:

Private School Principal/Head's Name:

Student is applying for participation in the following activity: ___________________________

VERIFICATION OF ELIGIBILITY

I authorize__________________ (private school name) to provide the Cape Elizabeth School Department upon it request all information necessary to verify that my child, _____________________ (student's name) meets the eligibility requirements for participation in the co-curricular activity that is the subject of this application.

Parent Signature (or student, if 18 or older)_______________________ Date _____________

STUDENT PARTICIPATION AGREEMENT

I agree to comply with all Cape Elizabeth School Department policies, administrative procedures, and behavioral, disciplinary, attendance, and other rules that apply to the Cape Elizabeth students participating in the co-curricular activity that is the subject of this application.

Student Signature________________________________ Date_________________

Adopted:

JJIAB-E2 (FORM)- PRIVATE SCHOOL STUDENTS - APPLICATION FOR PARTICIPATION IN CAPE ELIZABETH EXTRACURRICULAR ACTIVITIES

The parent (or student if 18 years of age or older) must submit a separate application for each activity in which participation is desired. The Cape Elizabeth School Department (CESD) will verify eligibility before the student is allowed to try out for the requested activity.

STUDENT INFORMATION:

Student's Name:

Student's Date of Birth:

Grade in Private School:

Student's Address:

Phone Number:

Parent/Guardian's Name:

Private School Name:

Private School Address:

Private School Phone Number:

Private School Principal/Head's Name:

Student is applying for participation in the following activity:

THE FOLLOWING DOCUMENTATION WILL BE REQUIRED FOR VERIFICATION OF ELIGIBILITY TO TRY OUT FOR PARTICIPATION

Evidence that the student currently meets the same behavioral, disciplinary, attendance, and other eligibility applicable to all students in Cape Elizabeth Schools;

Student's written agreement to comply with the same behavioral, disciplinary, attendance, and other eligibility applicable to all students in Cape Elizabeth Schools;

Documentation of sports physical (if applicable) and clearance to play; Documentation of immunization presented;

Evidence of insurance; Documentation of age eligibility;

Documentation of academic standing (grades or other evidence that academic eligibility standards have been met); and

Student's written agreement to abide by the same transportation rules that apply to regularly enrolled students.

VERIFICATION OF ELIGIBILITY

I authorize_________________ (private school name) to provide the CESD upon it request all

information necessary to verify that my child,_______________ (student's name) meets

the eligibility requirements for participation in the extracurricular activity that is the subject of this application.

I agree to provide to the CESD documentation of immunization, insurance and sports physical and clearance to play (if applicable) if such information is not maintained at

_________________________ (private school name).

Parent Signature (or student, if 18 or older) Date

STUDENT PARTICIPATION AGREEMENT

I agree to comply with all CESD, attendance and other rules that apply to the Cape Elizabeth students participating in the cocurricular activity that is the subject of this application.

Student Signature Date

Adopted:

JJIAB-E3 (FORM) - VERIFICATION OF PRIVATE SCHOOL STUDENTS - ELIGIBILITY FOR PARTICIPATION IN CAPE ELIZABETH CO-CURRICULAR ACTIVITIES

A separate application must be received for each activity in which participation is desired. This form is used to verify eligibility and to approve/deny participation.

STUDENT INFORMATION:

Student's Name:

Student's Date of Birth:

Grade in Private School:

Student's Address:

Phone Number:

Parent/Guardian's Name:

Private School Name:

Private School Address:

Private School Phone Number:

Private School Principal/Head's Name:

Student is applying for participation in the following activity:

FOR CO-CURRICULAR ACTIVITIES

Written application received ______________ (Date)

Student's written agreement to comply with behavioral, disciplinary, attendance and other rules applicable to all students in Cape Elizabeth Schools received ______________ (Date)

Student participation in the desired activity is ______ approved ______ not approved.

Decision by_______________________________________________________ (Name & Title)

Student/parent notified of decision: _______________ (Date) _______________ (Method)

Adopted:

JJIAB-E4 (FORM)- VERIFICATION OF PRIVATE SCHOOL STUDENTS - ELIGIBILITY FOR PARTICIPATION IN CAPE ELIZABETH EXTRACURRICULAR ACTIVITIES

A separate application must be received for each activity in which participation is desired. This form is used to verify eligibility and to approve/deny participation.

STUDENT INFORMATION:

Student's Name:

Student's Date of Birth:

Grade in Private School:

Student's Address:

Phone Number:

Parent/Guardian's Name:

Private School Name:

Private School Address:

Private School Phone Number:

Private School Principal/Head's Name:

Student is applying for participation in the following activity:

FOR EXTRACURRICULAR ACTIVITIES

Written application received ______________ (Date)

Student's written agreement to comply with behavioral, disciplinary, attendance and other rules applicable to all students in Cape Elizabeth Schools received ______________ (Date)

Student’s written agreement to abide by same transportation as regularly enrolled students _____________ (Date)

Sports physical (if applicable) performed on _________________ (Date)

Cleared to play ______ yes ______ no

Tryout (if applicable) ______ yes ______ no

Selected (if applicable) ______ yes ______ no

Documentation:

Immunization ______ yes ______ no

Insurance ______ yes ______ no

Age eligibility ______ yes ______ no

Academic standing (principal may ask to see grades or other evidence that academic

eligibility has been met) ______ yes ______ no

Student participation in the desired activity is ______ approved ______ not approved.

Decision by_______________________________________________________ (Name & Title)

Student/parent notified of decision: _______________ (Date) _______________ (Method)

Adopted:

JJIBC - RELATIONS WITH BOOSTER GROUPS

Cape Elizabeth School Department (CESD) recognizes the role of booster groups in assisting the schools in enriching athletic and other extracurricular activities and enabling more students to participate in such activities. For the purpose of this policy, a booster group is a parent and/or community group that is organized for the purpose of providing resources to support a particular sport or activity in the school or school system and to support the school in recognizing student accomplishment in athletics and activities.

Only those booster groups that have been approved by the Board may use the name and/or logo of the CESD or its schools. The Superintendent may make recommendations to the Board concerning the approval of groups seeking booster status. 

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

  1. The group must be comprised of adults rather than students;
  2. The group must provide details of the structure of the organization including it purpose and goals, the intended use of funds generated, the names of its officers and its bylaws;
  3. The booster president or designee must make application to the Superintendent for all uses of school facilities for fund raising projects, in accordance with the Board's facilities use policy and procedures'
  4. Use of school facilities by the group will comply with all policies and regulations established by the Board and, as applicable, the Maine Principals Association;
  5. All fundraising activities expected to raise over $2,000.00 must be approved in advanced by the Superintendent, Building Principal, or Athletic Director;
  6. No fundraising activities will be conducted within the school during school hours by the group;
  7. All funds raised by the group must be used to achieve the stated purposes of the group;
  8. The organization will provide to the Board annually or upon request a complete set of financial records or detailed treasurer's report;
  9. Booster groups may not lawfully use the school's sales tax exemption for purchases or sales;
  10. Booster group gifts should enhance activities for all students. The Board will consider gender equity and budget implications before accepting booster group donations;
  11. Any booster group plan or project that would require expansion, renovation or construction of school facilities or would increase maintenance costs for facilities shall require Board approval;
  12. Any booster group plan to provide awards or recognition to teams or individual students must be approved by the Superintendent, Building Principal, or Athletic Director before any public announcement is made;
  13. Booster groups will not directly pay coaches or officials, purchase equipment or pay for transportation; and
  14. Booster groups will not select coaches, assistant coaches or activity advisors or influence the selection of coaches, assistant coaches or activity advisors.

 

The Board reserves the right to revoke the approval of any booster group if it is found that the group's operations and purposes are inconsistent with Board policies.

Cross Reference:                

Reviewed:

Adopted:



 

 

JJIBD - ATHLETIC POLICY SANCTIONING OF SPORTS

DEFINITIONS:

"Sanctioning" refers to the process whereby the school district adopts an athletic program as a school extracurricular activity and accepts some level of responsibility for coordinating and supporting the activity. There are three levels of sanctioning:

 

FACTORS IN MAKING DECISIONS:

In making sanctioning decisions, the Athletic Director and the School Board shall consider the following factors on a case-by-case basis:

 

DECISIONS ABOUT SANCTIONING:

Decisions about sanctioning are case-by-case decisions guided by the factors listed above. In every case, agreements with affiliated booster organizations must be recorded in written agreements spelling out the respective responsibilities of the booster group and the school district.

 

Adopted:

Revised:

 

 



JJIF - MANAGEMENT OF CONCUSSIONS AND OTHER HEAD INJURIES

The Board recognizes that concussions and other head injuries are potentially serious and may result in significant brain damage and/or death if not recognized and managed properly. The Board adopts this policy to promote the safety of students participating in school sponsored extracurricular activities.

 

STUDENT AND PARENT INFORMATION:

Annually, at the beginning of the year, all parents/guardians of K-12 students who will be participating in school-sponsored athletic activities will be provided with information regarding:

  1. The risk of concussion and other head injuries and the dangers associated with continuing to participate when a concussion or other head injury is suspected.
  2. The signs and symptoms of concussion and other head injuries; and
  3. The school unit's protocol for 1) removal from the activity when a student is suspected of having sustained a concussion or other head injury; 2) evaluation; and 3) return to participation in the activity ("return to play").

The student and parent(s)/guardian(s) must sign a statement acknowledging that they have received and read the information in PowerSchool before the high school pre-season, or before the first day of school for all other students K-12 or before the student will be allowed to participate in school-sponsored athletic activities.

 

MANAGEMENT OF CONCUSSIVE AND OTHER HEAD INJURIES:

It is the responsibility of the staff member in charge of the activity to act in accordance with this policy when the staff member suspects that a student may be exhibiting signs, symptoms, and behaviors associated with a concussion or other head injury.

 

Any student suspected of having sustained a concussion or other head injury during a school­ sponsored activity including but not limited to competition, practice, or scrimmage, must be removed from the activity immediately. The student and their parent(s) will be informed of the need for evaluation for brain injury before the student will be allowed to return to activity.

 

No student will be permitted to return to the activity or to participate in any other school­ sponsored activity on the day of the suspected concussion.

 

Any student who is suspected of having sustained a concussion or other head injury shall be prohibited from further participation in school-sponsored activities until the student has been evaluated and received written medical clearance to do so from a licensed healthcare provider (an MD, DO, NP, or PA), not the parent of the student.

 

Coaches and other school personnel shall comply with the student's health care provider's recommendations in regard to return to learn and play. No student will be permitted to return to full participation until cleared to do so by a licensed healthcare provider, not the parent of the student. More than one evaluation by the student's licensed health care provider may be necessary before the student is cleared for full participation.

If at any time during the return to learn or play signs or symptoms of a concussion are observed, the student must be removed from participation and referred to the student’s licensed healthcare provider for re-evaluation.

 

COGNITIVE CONSIDERATIONS:

School personnel should be alert to cognitive and academic issues that may be experienced by students who have suffered a concussion or head injury, including but not limited to difficulty with concentration, organization, long-and-short term memory, and sensitivity to bright lights and sounds, and accommodate a gradual return to full participation as appropriate, based on the recommendations of the student's licensed health care provider and appropriate designated school personnel.

 

CONCUSSION MANAGEMENT TEAM:

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 implementations of this policy. The concussion management team will include the Athletic Director and school nurses and may include one or more principals or assistant principals, the school physician, and such other school personnel or consultants the Superintendent deems appropriate.

 

TRAINING:

By June 30 of each year, the Athletic Director will identify the school-sponsored athletic activities that pose a risk of concussion or other head injury. A list of these activities will be distributed to school administrators and coaches.

All staff, including volunteer coaches, must undergo annual training in the identification and management of concussive and other head injuries prior to assuming their coaching responsibilities. The training must be consistent with Cape Elizabeth School Department (CESD) concussion protocols and Maine DOE concussion protocols and include instruction in completion of all required forms.

Coaches shall be required to undergo refresher training every two years or when protocols and/or forms have been revised.

Cross Reference:

Adopted:

Revised:

 



JJJ - HIGH SCHOOL CO-CURRICULAR AND EXTRACURRICULAR ACTIVITIES ELIGIBILITY AND CODE OF CONDUCT

This policy is intended to support the physical, social, and emotional well-being of students and to promote healthy, enriching, and safe co-curricular and extracurricular opportunities for all students. Participation in the school department’s co-curricular activities and extracurricular activities is a privilege, subject to compliance with eligibility rules and conduct expectations. As representatives of the schools, students are expected to exhibit appropriate behavior at all times.

 

Eligibility Requirements:

  1. Maine Principals Association (MPA) and other sponsoring organization’s requirements.
    In addition to the academic eligibility requirements summarized below, students participating in school athletics must also meet all eligibility requirements of the MPA for participation in athletics (see applicable sections of handbook on the MPA website: http//www.mpa.cc/). For other activities, such as admittance into the National Honor Society, any eligibility requirements of the applicable organization must be met.
  2. Academic Eligibility:
    1. Covered Activities: This eligibility policy applies to all athletic and to most extracurricular activities supported by an advisor stipend. A list of activities to which it applies shall be published in the school handbook each year.
    2. Checkpoints and Criteria for Eligibility: Eligibility status will be checked four times each year, with the dates published on the school’s calendar and communicated annually to students and families. In order to be eligible for continued uninterrupted participation in covered activity, the student must be passing a minimum of five classes.
    3. Length of Ineligibility: Ineligible students and the families of those students will be notified of their status no later than two weeks after the checkpoint date. Ineligibility will commence from the date of notice and will continue for two weeks except if athletes are between seasons at the time of notification, athletic ineligibility will commence with the beginning of the next athletic season. During the ineligibility period, students may practice or otherwise participate in the activity, but they may not compete in countable contests or perform at events and competitions. Once students meet the requirements for eligibility, they will again be able to fully participate in the activity.
    4. Two Special Situations: (a) All 9th grade students will begin the year as eligible for covered activities, and (b) eligibility at the end of the year will be determined by year-end grades, not fourth checkpoint or semester grades.
  3. Other Athletic Eligibility Requirements:
    1. Before a student may participate in cocurricular/extracurricular activities, the student must have (a)  a signed parent/guardian permission form, and (b) a co-curricular/extracurricular rules acknowledgement form signed by the student and their parent/guardian.
    2. In order to be eligible to participate in a school sports program, all students are required to have a record of a physical examination. Physicals are valid for two years from the date of the exam. A Student Physical Examination Record must be submitted to the school nurse documenting the date the physical exam was done and specifying full clearance to participate in the athletic activity or indicate any necessary restrictions. If the physical exam expires in the middle of an athletic season, a medical note stating medical clearance and the date of the next scheduled physical is acceptable and will be valid until the date of the scheduled physical.
    3. The Student Physical Examination Record is in addition to the Student Health History Form required of all students.
    4. In order to allow time for review of the Student Physical Examination Record, it must be submitted no later than two weeks before the start of the sports season. Students will not be permitted to begin their sports season until the Student Physical Examination Record has been reviewed by the school nurse.

IV. Attendance Expectations:

    1. Participants are expected to come to school ready to learn on all scheduled school days. Any student who misses a portion of the school day unexcused may not participate in co-curricular or extracurricular activities that day. In order to participate in a game, practice, or other activity, a student must arrive at school (or their school-approved program) no more than 15 minutes after the start of classes and remain in school for the entire day. The only exceptions are for pre-scheduled medical appointments, driver’s license tests, or other similar appointments. The Maine Principals Association requires that student athletes have regular attendance and actively participate in team practices and competitions.
    2. A student who misses an athletic practice in order to receive extra academic help or make-up work in academic subjects will not be penalized in regard to game playing time status.
    3. Any school disciplinary consequence such as detention has priority over co-curricular or extracurricular activities.
    4. Students suspended from school shall not practice, participate, attend, or compete in co curricular or extracurricular activities.

V. Conduct Expectations:

Other improper conduct by students at school or out of school, whether or not covered by specific Board policies and school rules (including criminal activity) shall be reviewed by the administration. The administration will determine whether any consequences such as suspension from co-curricular or extracurricular activities and/or forfeiting of leadership positions and/or honors is warranted, based on facts of the particular case.

    1. Students are required to abide by all Board policies, school rules, and any additional rules and/or training guidelines imposed by coaches and advisors. Any additional rules and/or training must be consistent with Board policies and be approved by the administrator.
    2. Student use of alcohol, drugs, or tobacco is illegal and negatively affects student health, safety, and performance. Students participating in co-curricular and extracurricular activities carry a responsibility to themselves, their fellow students, coaches, advisors, parents and school to set the highest example of conduct sportsmanship and training, which include avoiding any involvement with alcohol, drugs, tobacco and/or other prohibited substances. Therefore, students participating in co-curricular and extracurricular activities may not engage in prohibited conduct described in School Board policy (Policy JICH - Student Use of Alcohol, Drug, Tobacco and Other Prohibited Substances) at any time or place from the beginning of the student’s first co-curricular or extracurricular activity of the school year (including pre-season) thorough the end of the school year (including any tournaments, championships, and associated activities).
      1. A student may self-report a violation of this policy to an administrator within two school days and not forfeit the opportunity to participate in co-curricular or extracurricular activities. This option is only available once in a student’s high school career. A self-report may not be made after the school has received a report of a possible violation. The student must meet with a school social worker or guidance counselor and comply with any action plan developed. If the student fails to comply, the disciplinary consequences below may be imposed.
      2. The following consequences are in addition to any other consequences imposed for violations of Policy JICH. Consequences carry over to the next season, activity, and school year as necessary. Students will be referred to a school social worker or guidance counselor and must comply with any action plan developed or face additional consequences.

        Students under team/activity suspension may attend activities or practices, but may not dress or play in a game or other activity of the particular team, club, or group.

VI. First Violation in a School Year

Athletics - Forfeit participation in the next two accountable contests if the team has fewer than ten total contests in a season excluding playoffs or the next four countable contests if the team has ten or more countable contests in a season, excluding playoffs. If the student is not involved in athletics at the time of the violation or there is not enough contest remaining, this consequence carries over to the next athletic activity in which the student participates.

Other Activities - Forfeit participation in the next two competitions, performances, or major activities of the group. If the student is not involved in activities at the time or there are not enough activities remaining, then the consequences carry over to the next activity in which the student participates.

VII. Second Violation in a School Year:


Athletics - Forfeit participation for the remainder of the season and postseason activities. If there are fewer than eight/four countable contests remaining at the time of the violation or the student is not involved in athletics at the time, the consequences shall carry over to the next athletic activity in which the student participates.

Other Activities - Forfeit participation in all competitions, performances, or major activities of the group for three months. If the student is not involved in activities at the time or there are not enough activities remaining, then these consequences carry over to the next activity in which the student participates.

VIII. Third Violation in a School Year:

Forfeit participation in all activities for the remainder of the school year. If the offense occurs within three months of the end of the year, the consequence carries over to the first quarter of the following year (or whenever the next time a student wishes to participate in activities).

VIIII.  Other improper conduct by students at school or out of school, whether or not covered by specific Board policies and school rules (including criminal activity) shall be reviewed by the administration. The administration will determine whether any consequences such as suspension from co-curricular or extracurricular activities and/or forfeiting leadership positions and/or honors is warranted, based on the facts of the particular case.

X. Students are responsible for all equipment and uniforms issued to them by the school. The cost of replacing damaged or lost equipment/uniforms will be the responsibility of the student. Students may only wear uniforms and use equipment in connection with the activity for which it was issued. Students may not try out for or participate in new activities until all equipment and/or uniforms have been returned and paid for.

 Cross Reference:

Adopted:                

Recoded:

Revised:

JK - STUDENT DISCIPLINE

It is essential for schools to maintain a safe and orderly environment which supports student learning and achievement. Effective discipline allows the schools to discharge their primary responsibilities to educate students and promote good citizenship. All students are expected to conduct themselves with respect for others and in accordance with School Board 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.

The Board expects the following principles to guide the development and implementation of school rules and disciplinary procedures:

  1. Discipline should emphasize positive interventions and expectations for appropriate behavior, as well as appropriate consequences for misbehavior. The focus should be on providing a school environment where students are engaged in constructive learning and interactions with others. Instructional and environmental supports should be designed to teach students prosocial alternatives to problem behaviors, and provide high rates of feedback. 

  2. Expectations for student behavior should be clear and communicated to school staff, students and parents.

  3. Positive and restorative interventions should be used to the extent feasible. Consequences for misbehavior should be in proportion to the offense, fair and consistently enforced. Administrators shall have the discretion to tailor discipline to the facts and circumstances of the particular case.

  4. Parents should be actively involved in the process of preventing and resolving. disciplinary problems at school.


Recess may not be withheld as a consequence for a violation of the Student Code of Conduct for any student in grade five or below, except that when there is no alternative time available, recess time may be used for restorative interventions related to the student's conduct. 

Physical force and corporal punishment shall not be used as disciplinary methods. Maine 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." Any restraint or seclusion of students shall comply with applicable regulations and Board policy.

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.

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 and the Board shall provide for the suspension of 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.


Cross Reference:

ADOPTED:

RECODED:

June 1998


REVISED:

JKAA - USE OF PHYSICAL RESTRAINT AND SECLUSION

The Cape Elizabeth 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 does 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 the Superintendent deems appropriate.

  1. DEFINITIONS.

    The following definitions apply to this policy and accompanying procedure:
    1. Physical restraint: A personal restriction that immobilizes or reduces the ability of a student to move their arms, legs or head freely. 

Physical restraint does not include any of the following:

      1. 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.
      2. Physical prompt: A teaching technique that involves 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.
      3. The use of vehicle safety restraints when used as intended during the transportation of a student in a motor vehicle.
      4. 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.
    2. 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.

Seclusion does not include:

      1. 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.

    Cape Elizabeth Schools shall provide annual notice to parents/legal guardians of this policy/procedure by means determined by the Superintendent/designee.

  4. TRAINING REQUIREMENTS.
    1. All school staff and contracted providers shall receive an annual overview of this policy/procedure.
    2. Cape Elizabeth Schools 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 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 Superintendent or other appropriate school administrator as soon as possible. The Superintendent/designee shall investigate the complaint and provide written findings to the parent/legal guardian within forty (40) business days, 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.

 

Cross Reference:

 

Adopted:

Revised:

JKAA-R (PROCEDURE) - PROCEDURES ON PHYSICAL RESTRAINT AND SECLUSION

These procedures are established for the purpose of meeting the obligations of Cape Elizabeth Schools 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.

    1. 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, 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 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 documents in:
        1. A health care directive or medical management plan;
        2. A school-approved behavior plan;
        3. An IEP or an Individual Family Service Plan (IFSP), or
        4. A school-approved 504 or ADA plan.

      6. Aversive procedures and mechanical and chemical restraints.

        1. 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.
        2. 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.
        3. 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 the student no longer presents a risk of injury or harm to themself 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 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.
        1. The time a student is in physical restraint must be monitored and recorded.
        2. 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.
        3. If attempts to release a 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 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).

    1. 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 physical injury or harm 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.

        1. Seclusion may not take place in a locked room.
        2. 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 materials and objects which the student could use to self-inflict bodily injury.

      3. Parents/legal guardians may be requested to provide assistance at any time.

    2. 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 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:
        1. A health care directive or medical management plan;
        2. A school-approved behavior plan;
        3. An IEP or IFSP; or
        4. A school-approved 504 or ADA plan.
    3. 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 the student no longer presents an imminent risk of serious physical injury to themselves or others.
      3. If an injury occurs, applicable school policies and procedures should be followed.
    4. 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.

        1. The time a student is in seclusion must be monitored and recorded.

        2. 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.

        3. 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 others, then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.

III. 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 harm and the time the student ceases to pose a risk of harm and returns to his/her regular programming.

    1. 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 Cape Elizabeth Schools' usual emergency notification procedures.

      4. If serious bodily injury or death of a student occurs during the implementation of physical restraint or seclusion, the Cape Elizabeth Schools' 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.

    2. 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 their 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; and
      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.

IV.  SCHOOL UNIT RESPONSE FOLLOWING THE USE OF PHYSICAL RESTRAINT OR SECLUSION

    1. 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.
    2. 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.

V.  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.

    1. 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.

    2. 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 behavior assessment) and/or develop a BIP (behavior intervention plan).

VI.  CUMULATIVE REPORTING REQUIREMENTS

    1. Reports within the School Unit

      1. Each building administrator must report the following data on a quarterly and annual basis:

        1. Aggregate number of uses of physical restraint;
        2. Aggregate number of students placed in physical restraint;
        3. Aggregate number of uses of seclusion;
        4. Aggregate number of students placed in seclusion;
        5. Aggregate number of students with disabilities having IEPs or 504/AA plans who are placed in physical restraints and seclusions;
        6. Aggregate number of serious physical injuries to students related to the use of physical restraints and seclusions; and
        7. Aggregate number of serious bodily injuries to staff related to physical restraint and 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.

    2. 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 required in Section 7.A. l above.

Cross Reference:

 

Adopted:

Revised:

JKD - SUSPENSION OF STUDENTS

The School Board delegates to the principals, the authority to suspend disobedient and disorderly students in grade six and above for a period not to exceed ten (10) school days. 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 five or below cannot be longer than three school days.

 

Prior to the suspension, except as hereinafter provided:

  1. The student shall be given oral or written notice of the charge(s) against the student;
  2. The student shall be given an explanation of the evidence forming the basis for the charge(s); and
  3. The student shall be given an opportunity to present their 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 their 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 any in-school or out-of-school suspension as soon as practicable by telephone (if possible) and by written notice. A copy of the notice shall also be sent to the Superintendent.

Students are not allowed on school property or to participate in any school-related activities, including extra-curricular activities, during any out-of-school suspension except with the prior authorization of the principal or Superintendent.

The parents/guardian and the student shall be required to attend a conference with the building administrator/designee within the suspension period and prior to readmittance to school.

Students shall be responsible for any schoolwork missed during their suspension. After readmittance, they shall be permitted to take tests, quizzes, or any other form of evaluation affecting their grades.

A student who has a single suspension during their high school career may request that the suspension be made null and void, and expunged from the student's education record under the following conditions.

  1. In order to make a request, the student must be a junior or senior.
  2. The student must submit a written request signed by the student and their parents/guardians to the high school principal.
  3. The high school principal may grant or deny such a request, and the high school principal's decision is final.
  4. If the student commits another offense subject to disciplinary and/or other consequences after the request has been granted, the first suspension will still be considered in determining consequences under the applicable Board policy/procedure.

Cross Reference:


Adopted:

Revised:

 

 

 

 

 

 

 

 

 

JKE - EXPULSION OF STUDENTS

No student shall be expelled from school except by action of the Board. Following a proper investigation of a student's behavior, the Board shall expel a student, if found necessary for the peace and usefulness of the school, as provided in 20-A M.R.S. § 1001(9) and (9A).

Students in grade five or below cannot be expelled, except for violations of the Gun-Free Schools Act, as provided in 20-A M.R.S. § 1001 (9A). 

The Superintendent has the discretion under Maine law to provide an alternative to expulsion on a case-by-case basis. Such determination must be made in writing.

The Board also has the authority to readmit an expelled student upon satisfactory evidence that the behavior which caused the student to be expelled will not likely recur.

Notice of Expulsion Hearing

Before an expulsion hearing, the Superintendent shall:

  1. Provide a written notice to the parents/legal guardian and the student, by certified and regular mail, that:
    1. Informs them of the date, time and location of the hearing;
    2. Provides a description of the incident( s) that resulted in the expulsion hearing;
    3. Informs them of their right to review the school's records prior to the hearing;
    4. Includes a copy of the Board's expulsion guidelines (JKE-R);
    5. Informs them that the student has the right to an attorney or other representation, and the right to present and cross-examine witnesses; and
    6. Includes a list of available free and low-cost legal services, which must be created and updated annually by the Maine Department of Education.
  2. Invite the parents/legal guardians and the student to a meeting prior to the expulsion hearing to discuss the hearing.

Expulsion Hearing and Reentry Guidelines

The expulsion hearing shall be held in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.

Upon making a decision to expel a student, the Board may:

  1. Expel the student for a specific period of time not to exceed the total number of instructional days approved by the Board for the current year; or
  2. Expel the student for an unspecified period of time and authorize the Superintendent to provide the expelled student with a reentry plan, to be developed in accordance with 20-A MRSA § 1001(9-C),  specifying the conditions that must be met in order for the student to be readmitted to school after the expulsion.

The Board has adopted guidelines that outline the hearing process and the procedure for developing and implementing a reentry plan (if applicable).

Nothing in this policy shall prevent the Board from providing educational services in an alternative setting to a student who has been expelled.

 

 

Cross Reference:

Adopted:    

REPLACES:

Revised:     

 



JKE-R (PROCEDURE) - EXPULSION HEARING AND REENTRY GUIDELINES

  1. Expulsion Hearing 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

    1. Procedure 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 into 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.

    2. Executive Session

      1. General Rules of Conduct

        1. The hearing officer (Board Chair/designee or Board attorney) will conduct the hearing.

        2. Witnesses shall be sequestered in response to a request by either party.

        3. The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.”

        4. The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”

        5. The School Board and student (at their own expense) may be represented by legal counsel through each stage of the process.

      2. Procedures

        1. The hearing officer will state for the record:

          1. Date of this hearing;
          2. Place of hearing;
          3. Time of hearing;
          4. Name of student;
          5. Those in attendance for the administration;
          6. Those in attendance for the student; and
          7. Those in attendance for the School Board.

        2. The hearing officer will request from the Superintendent a copy of the hearing notice, read the hearing notice to the School 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.

        3. The Superintendent/designee, hereafter called “the administration,” will make an opening statement that includes an overview of the evidence, the Superintendent’s recommendation, the reason(s) for the recommendation, and the legal basis for the recommended expulsion.

        4. The hearing officer will inform the student and parents/legal guardians of their rights:

          1. To hear the evidence;
          2. To cross examine witnesses; and
          3. To present witnesses and offer other relevant evidence.

        5. The hearing officer will ask if any member of the Board finds themself in a possible conflict of interest situation because the member knows the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that the member could not impartially hear the facts and decide the issue on its merits.

        6. All witnesses shall be sworn in by the hearing officer. Each witness raises their right hand and is asked, “Do you solemnly affirm to tell the truth, the whole truth and nothing but the truth?”

        7. The administration calls its witnesses.

        8. 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.

        9. The administration may ask rebuttal questions after the student finishes questioning.

        10. Members of the Board may ask questions at the conclusion of the rebuttal.

        11. The student may then call their 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.

        12. When all the student’s witnesses have completed testimony (including the student), the administration may call additional rebuttal witnesses who may be cross-examined.

        13. 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.

        14. The Board should then deliberate in executive session. The Superintendent, Board attorney, administration, the student charged, their 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 the Superintendent was not directly involved in the investigation/presentation of evidence.

        15. 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.

        16. 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.

        17. The Board shall then leave executive session.

    3. Public Session

      1. 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 their parents/guardians with the Board’s finding 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.

      2. 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 reentry plan for the student as described in Section II below.

      3. The Superintendent is responsible for notifying the parents/legal guardians and the student of the Board’s decision.

  2. Reentry Plan Guidelines
    If the Board expels a student for an indefinite period of time and authorizes the Superintendent to develop a reentry plan, the following steps are required by law:

    1. The Superintendent/designee shall develop the reentry plan in consultation with the student and the student’s parents/legal guardians to provide guidance that helps the student understand what the student must do to establish satisfactory evidence that the behavior that resulted in the expulsion will not likely recur.

      1. 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 reentry plan.

      2. If the student and the student’s parents/legal guardians do not attend the meeting, the reentry plan must be developed by the Superintendent/ designee.

      3. The reentry 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 parents/legal guardians and/or the student. (See Policy JKF for requirements related to students with disabilities.)

      4. The reentry plan must be provided to the parents/legal guardians and the student.

      5. The Superintendent shall designate an appropriate school employee to review the student’s progress with the reentry plan at one month, three months, and six months after the initial reentry plan meeting, and at other times as determined necessary by the designated employee, in consultation with the Superintendent.

Cross Reference:

Adopted:

Revised:

JKF - DISCIPLINARY REMOVALS 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 Cape Elizabeth Schools to comply fully with all applicable state and federal special education laws that govern such removals.

The Superintendent of Schools, in consultation with the Director of Instructional Support and other school administrators, may develop and promulgate procedures for implementing this policy, and may from time to time amend those procedures as necessary.

 

 

Cross References:     

JKD - Suspension of Students

 

Adopted:

Revised: 

JKF-R (PROCEDURE) - DISCIPLINARY REMOVAL OF STUDENTS WITH DISABILITIES PROCEDURES

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.

  1. School administrators may suspend students with disabilities for up to ten (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 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 ten (10) cumulative school day total, school administrators shall include school days spent in an in-school suspension or removal, unless during that removal the child continued to have access to the general curriculum, to the special education services in their IEP, and to participation with non-disabled children to the extent they would have in the student's regular program.

  2. After a student with a disability has been removed from their current placement for ten (10) cumulative school days in the same school year, during any subsequent days of removal this school administrator shall consult with at least one of the student's teachers and then shall arrange for the student to receive a level of educational services during the removal sufficient to enable the student to continue services during the removal sufficient to enable the student to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals listed in the student's IEP.

  3. Within ten (10) school days of any decision to "change the placement" of a student with a disability because of a violation of a code of student conduct, school officials shall hold an IEP team meeting to undertake the following.

    1. The team shall review all relevant information in the student's file including the IEP, any teacher observations, and recent evaluations.

    2. The team shall then undertake a manifestation determination to decide whether the student's misconduct was manifestation of the student’s disability.

    3. If the team determines that the misbehavior is a manifestation of the disability, the team must either:

      1. Conduct a functional behavior assessment, unless one had been conducted before the behavior incident, and shall implement a behavior intervention plan for the child; or
      2. If a behavior plan has already been developed, review the plan and modify it as necessary to address the behavior.

      Except as provided in D below, the team must also return the student to placement from which the student was removed, unless the school and parent agree to a change of placement as part of the revision of the behavior plan.

    4. If the team determines that the misbehavior is not a manifestation of the disability, school personnel may apply the relevant disciplinary procedures in the same manner and for the same duration as the procedures would be applied to students without disabilities, except that services must be provided to the student during the disciplinary removal consistent with 5C below.

    5. When a student with a disability has a disciplinary removal that would be a "change of placement", the IEP team shall order services for the student that will enable the student to:

      1. Continue to participate in the general curriculum although in another setting;
      2. Progress toward meeting the goals in the IEP; and
      3. Receive, as appropriate, a functional behavior assessment and behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.

    6. For purposes of this section, a "change of placement" occurs if:

      1. The removal is for more than ten (10) consecutive school days; or
      2. The child has been subjected to a series of removals that constitute a pattern and:
        1. Because the series of removals totals more than ten (10) cumulative days in the school year;
        2. Because the child's behavior is substantially similar to the behavior in previous incidents resulting in the series of removal; and
        3. Because of additional factors such as the length of each removal, the total length, and the proximity of the removals to each other.

  4. In those circumstances where a student brings a weapon to school, to a school function, or on school premises (including transportation); where a student knowingly possesses, uses, sells, or attempts to sell illegal drugs at school, a school function, or on school premises (including transportation); or when the student inflicts serious bodily injury upon another person while at school, a school function, or on school premises (including transportation), school officials may place that student in an alternative educational setting for up to 45 school days, shall provide educational services for the student consistent with 5C above, and shall schedule an IEP team meeting too occur within ten (10) school days of commencing that removal. At that 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. Any further removals in response to the incident shall be made consistent with these procedures and state and federal special education rules.

Cross Reference:

Adopted:

Revised:

JL - STUDENT WELLNESS

The Board recognizes that student wellness and good nutrition are related to individuals' physical and psychological well-being and their readiness to learn. The Board is committed to providing a school environment that supports wellness, healthy food choices, nutrition education, and regular physical activity. The Board believes that students who practice healthy lifestyles, such as good nutrition and regular exercise may reduce their risk of obesity, diabetes and other chronic diseases.

NUTRITION

The school department will ensure that meals provided by its Food Services Program meet or exceed 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.

 Nutrition education will be integrated into the instructional program through the health education program and/or curriculum as aligned with the content standards of Maine's System of Learning Results. Nutrition education will focus on the skills students need to adopt and maintain healthy eating behaviors. Students will 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. 

WATER

To promote hydration, free, safe, unflavored drinking water will be available to students throughout the school day, including mealtimes, at every school.

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/designee 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.

Cape Elizabeth Schools will:

Goals for Nutrition:

SOCIAL/EMOTIONAL WELL-BEING

The Cape Elizabeth School Department (CESD) recognizes the importance of nurturing and supporting students' social and emotional needs, while also challenging students academically.

Social/emotional well-being for students will be met by providing services in the form of school counselors, nurses, and social workers. Annual training will be provided to teachers and staff to recognize the social/emotional needs of students as it pertains to their respective roles. The ultimate objective will be to provide education for students to develop self-care and advocacy skills that promote and protect their social and emotional well-being. 

Goals for Social/Emotional Well-being

PHYSICAL ACTIVITY

The school department will regularly provide all student developmentally appropriate opportunities for physical activity through physical education classes, recess periods for K-8 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. 

Goals for Physical Activity:

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 Department 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 Department 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 Department 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 Department 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:

PARENT COMMUNICATION

The School Department will inform parents of improvements that have been made to school meal standards; availability of child nutrition programs and how to apply; the School

Department’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:

“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 foods 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:

  1. Board member;
  2. School administrator;
  3. Food Services Director/designee;
  4. Student representative;
  5. Parent representative; and/or
  6. Community representative.

The Wellness Committee may also include:

  1.  School nurse and/or other school health professional;
  2. Physical education teacher;
  3. Guidance counselor;
  4. Social worker;
  5. Community organization or agency representative;
  6. Other staff, as designated by the Board; and/or
  7. 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.

IMPLEMENTATION AND MONITORING

The Superintendent designee (Wellness Steering Committee) shall be responsible for the implementation of the wellness policy, for monitoring efforts to meet the intent of this policy, and for reporting to the Board on a regular basis. Monitoring may include surveys or solicitation of input from students, parents/guardians, staff and school administrators.

Reports may include, but are not limited to:

  1. The status of the school environment in regard to student wellness issues
  2. Evaluation of the school food services program and compliance with nutrition guidelines
  3. Summary of wellness programs and activities in the schools
  4. Feedback from students, parents/guardians, staff, school administrator and Wellness Committee
  5. Recommendations for policy, program or curriculum revisions

 

 

 

Cross Reference:    


Adopted:                
Revised:                 



JLCA - PHYSICAL EXAMINATION REQUIREMENT AND SHARING INFORMATION BETWEEN SCHOOL AND HOME

PHYSICAL EXAMINATION REQUIREMENT AND SHARING INFORMATION BETWEEN SCHOOL AND HOME

By law and to protect the health and safety of students, it is important that certain medical information about students be shared between home and school. The purpose of this policy is to describe the process and circumstances for information sharing.

  1. Definitions
    For purposes of this policy, a "physical examination" is a health assessment conducted by a "Qualified Healthcare Provider" (M.D., D.O., Nurse Practitioner, or Physician's Assistant) following professionally accepted standards of practice. The purpose of the physical examination is to assess health, identify health conditions amenable to early intervention, and provide treatment to correct or ameliorate health problems found.

  2. School Provided Examinations
    Vision and hearing screenings will be conducted as required by Maine law. Parents will be notified of any suspected health problems identified through screening. 

  3. Student Health History Form in PowerSchool
    A Student Health History Form completed by parents in PowerSchool is required for all students each year by the beginning of school. In order to allow time for review of the Student Health History Form by the school nurse, students participating in a fall sport must have their health history data submitted no later than two weeks before the start of the sports season. Students will not be permitted to begin their sports season until the Student Health History Form has been reviewed by the school nurse.

  4. Changes in Condition and Injuries
    Students who have major injuries or a significant change in health status, as determined by the school nurse or athletic trainer, will require clearance, in writing, from a Qualified Healthcare Provider prior to resuming participation in physical education or athletic competition. For the purpose of this provision, "major injuries" or a "significant change in health status" includes but is not limited to any medical condition requiring surgery, any concussions (see Policy JJIAA), or any new diagnosis of asthma, allergies, or diabetes.

  5. Required Physical Examination for All Students Participating in Middle School and High School Sports

    1. In order to be eligible to participate in a school sports program, all students are required to have a record of a physical examination. A Student Physical Examination Record must be submitted to the school nurse documenting the date the physical exam was done and specifying full clearance to participate in the athletic activity or indicate any necessary restrictions. Physicals are valid for two years from the date of the exam and must not expire in the middle of an athletic season. If the physical exam has expired, a medical note stating medical clearance and the date of the next scheduled physical is acceptable and will be valid until the date of the scheduled physical.

    2. The Student Physical Examination Record is in addition to the Student Health History Form required of all students.

    3. In order to allow time for review of the Student Physical Examination Record, it must be submitted no later than two weeks before the start of the sports season. Students will not be permitted to begin their sports season until the Student Physical Examination Record has been reviewed by the school nurse.

  6. Sharing of Information with School Staff
    Results of the health history and physical examination will be entered on each student's school health record. The school nurse may share information from the record with school personnel who have a legitimate interest related to the student's education, health, or safety, including but not limited to teachers, coaches, activity advisors, trainers, and bus drivers.

Cross Reference:

Adopted:

Revised:

JLCB-E (FORM) - YEARLY IMMUNIZATION EXEMPTION FORM

Any student who is not fully immunized must have this form on file **prior **to the first day of each school year.

As a parent/guardian of ____________________________________, date of birth, __________, I am requesting a waiver for the following immunizations for the 2020-2021 school year.

**All required immunizations: **?

**DTAP ? IPV/OPV ? MMR ? Varicella ? *Tdap ? **MCV4 **?

I understand that in the case of an outbreak of the specific disease, for which my child is not protected, my child will be kept out of school and school activities. The length of time my child will be kept out of school may vary from a week to over a month depending on the disease and 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 school may make arrangements for my child to receive and complete school assignments and to make up missed examinations and other work within a reasonable time upon their return to school.

I have read and acknowledge the State of Maine Immunization Requirements for School Children - Chapter 126.

Parent/Guardian Initials: ___________

I am requesting a waiver for: ? Sincere Religious Belief ? Philosophical Reason

My explanation is as follows: _____________________________________________________

Parent/Guardian signature: _____________________________________ Date:_____________

I am requesting a waiver for: ? Medical Exemption

Physician statement as to reason for medical exemption to immunization: ______________________________________________________________________________

Parent/Guardian signature: _____________________________________ Date:_____________

Physician signature: __________________________________________ Date:_____________

JLCC - COMMUNICABLE INFECTIOUS DISEASES

COMMUNICABLE INFECTIOUS DISEASES

Teachers should 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 the Maine Center 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 Maine Department of Health and Human Services (DDHS) rules. The building principal will be notified when a report of a communicable disease has been made.

Any student for whom the CDC has prescribed isolation or quarantine shall be excluded from school and school activities.

Students who have other types of communicable diseases shall be excluded from school and school activities as provided by law, or shall observe other protective procedures according to recommendations issued by the school physician/school nurse.

A certificate from the student’s health care provider shall be required before a student who has had a notifiable communicable disease may return to school or participate in school activities.The building principal and/or school nurse must give permission before the student is readmitted to class.

 

 

Reviewed: November 13, 2018

Adopted: December 11, 2018

Revised: October 10, 2023


 

 

 

 

 

JLCD - ADMINISTERING MEDICATION TO STUDENTS

ADMINISTERING MEDICATION TO STUDENTS

  

The Board acknowledges that in certain instances it may be necessary to have medication administered to a student while in attendance at school. The Board discourages the administration of medication on school premises where other options exist. Whenever possible the first dose of a newly prescribed medication should be given at home.

 

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, epinephrine autoinjectors, and insulin. 


This policy does not apply to medical cannabis, which is addressed in the Board’s policy JLCDA, Medical cannabis in Schools.

 

The Board authorizes the school nurse to stock and possess naloxone hydrochloride prescribed by a legally authorized individual and to administer it to any student, staff member, or visitor that the school nurse, based on the school nurse’s professional judgment, suspects to be experiencing an 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. 

“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 healthcare 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 cannabis.

“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.

II. ADMINISTRATION OF MEDICATION BY SCHOOL PERSONNEL

  1. 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.

  1. Health Care Provider’s Order

All parental requests must be accompanied by a written order from the student’s health care provider substantiating the fact that the administration of a particular medication during the school day is necessary for the student’s health and attendance in school.  Such order must include:

  1. The student’s name;

  2. The name of the medication;

  3. The dose;

  4. The route of administration (e.g., tablets, liquid, drops); and

  5. Time intervals for administration (e.g., every four hours, before meals); 

  6. Any special instructions; and

  7. The name of the prescribing health care provider.

 

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).

  1. 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.

  1. 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 a parent is unable to deliver the medication, the parent must contact the school to make alternate arrangements.

No more than a 20-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. Medication no longer required (or remaining at the end of the school year) must be removed by the parent/legal guardian or the student with parent permission. Medication not removed by the parent/legal guardian in a timely manner shall be disposed of by the school nurse.

The school nurse 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.

  1. Record-keeping

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 school nurse 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.

  1. 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.

  1. Administration of Medication

Medication may be administered during the school day by licensed medical personnel acting within the scope of their licenses.                        

The school nurse, under the administrative supervision of the Superintendent, will provide direction and oversight for the administration of medication to students.

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.” 

  1. 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.

  1. Student Self-Administration of Asthma Inhalers, Epinephrine Autoinjectors and Insulin

Students with allergies, asthma and/or diabetes may be authorized by the building principal, in consultation with the school nurse, to possess and self-administer emergency medication from an epinephrine auto injector, asthma inhaler or insulin-injecting device/emergency rescue medications 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 auto injector, asthma inhaler or insulin-injecting device 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 auto injector, asthma inhaler or insulin-injecting device.

  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 auto injector, asthma inhaler or insulin-injecting device.

  4. The school nurse shall evaluate the student’s technique to ensure proper and effective use of an epinephrine auto injector, asthma inhaler or insulin-injecting device 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.

A student’s authorization to possess and self-administer medication from an epinephrine auto injector 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.

  1. Dispensation of Over-the-Counter Medications and Topical Sunscreen 

Students are not allowed to possess over-the-counter medications or prescription medications except as provided in this policy.

With prior parental/legal guardian permission on the Student Information Form (located in the parent PowerSchool portal), students may receive over-the-counter medications at school. The PowerSchool portal information must be updated annually.

No cough/cold elixirs or other over-the-counter medications, or any medications that differ from the Cape Elizabeth standing physician orders will be administered to students without prior written permission from a health care provider and the parent/guardian.

Students are allowed to possess and use topical sunscreen products on school property and at school sponsored events without a note or prescription from a medical/health practitioner if the product is regulated by the federal food and drug Administration for over the counter use. There is no expectation that the school staff will supply or apply sunscreen for students.

  1. 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.

  1. 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 or hypoglycemia, and the use of epinephrine autoinjectors or emergency rescue medications;

  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.

 ADMINISTRATIVE PROCEDURES

The Superintendent/designee shall develop any administrative procedures necessary to implement this policy and as required by Maine Department of Education Rules.

 

 

Cross Reference: 

 

Adopted:

Revised:






JLCD-R (PROCEDURE) - CESD REQUEST/PERMISSION TO ADMINISTER MEDICATION IN SCHOOL For Parent/Guardian

For Parent/Guardian

Date: _____________________
Student Name: __________________________
Grade/Teacher: _______________________
Medication: ___________________________
Pharmacy: ____________________________
Prescribing health care provider: ___________________
Phone number: _________________

**Y/N **Please administer this medication to my child on early dismissal days.

**Y/N **Please administer this medication to my child on field trip days.

At the end of the school year, last day of student’s enrollment, or date medication expires, I choose the following method of medication disposal:

CHOOSE ONE:

I give permission for this medication to be administered by the school nurse or trained unlicensed assistive personnel designated by the principal as allowed by law. I further give permission for the school nurse to contact the prescribing health care provider to share information related to this medication, the medication administration schedule, and/or and effects of this medication on my child’s learning.

__________________________________ _________ / _____________ / ____________

Parent/Guardian Signature Telephone H/W/Cell

For the Prescribing Health care Provider

Medication/Dosage: _______________________
Time(s) to be administered: _______________

Reason for medication: __________________________________________________________

Possible side effects and safety procedures: __________________________________________

Health care provider signature is required for any prescription or over the counter medication. A prescription medication label may be used in lieu of a written order if the medication is to be given for 15 consecutive days or less. The school nurse will obtain the health care provider signature as needed. I give permission for this medication to be administered by the school nurse or trained unlicensed assistive personnel designated by the principal as allowed by law.

Provider signature: _______________________________
Telephone: ____________________

Date: ____________________________ Fax: ______________________

High School Health Office Phone: (207)799-3309 x 420 High School Fax: (207)767-8050

JLCDA - MEDICAL CANNABIS IN SCHOOLS

The Board recognizes that there may be some students in the Cape Elizabeth School Department 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 cannabis in Maine schools is governed by the Maine Medical Use of Cannabis Act (MMUMA). The regulatory agency charged with implementing the MMUMA is the Department of Administration and Financial Services (DAFS). The Maine Medical Use of Cannabis Program, located within DAFS, performs administrative duties associated with implementation of the MMUMA, such as issuing of registration cards to “caregivers.”

Maine law provides that a "primary caregiver" (defined as parent, guardian, or legal custodian under Maine's medical marijuana law, 22 MRSA § 2423-A91(E)) may possess and administer marijuana in a non-smokable form on the grounds of the primary or secondary school in which a minor qualifying patient is enrolled, if: a) a medical provider has provided the minor qualifying patient with a current written certification for the medical use of marijuana, and b) possession of medical marijuana is for the purpose of administering it to the minor qualifying patient.

Administration of medical cannabis 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 cannabis at school:

A. The student’s parent/legal guardian/legal custodian must request the school unit’s “Request to Administer Medical Cannabis at School” form and a copy of the Board’s policy JLCDA, Medical Cannabis in Schools on the CESD website or from the school office.

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 cannabis. 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 cannabis 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 Cannabis 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 cannabis 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 cannabis 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 cannabis may be administered only in an area designated by the school principal. The designated caregiver must sign in at the school office on arrival at school and proceed directly to the location where the medical cannabis will be administered. The designated caregiver must comply with all Board policies and school rules while on school grounds.

G. Medical cannabis administered in school must be in a nonsmokeable form. Vaporizers are not permitted.

H. Only the designated caregiver may bring medical cannabis 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 cannabis 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 cannabis, taking any remaining medical cannabis with him/her.


Maine Medical User of Cannabis Act, 2015 P.L. Ch. 369 (2015)

Cross Reference:

JLCD - Administration of Medication to Students

JLCDA-E Medical Cannabis in Schools Request Form

KI - Visitors to the Schools

Adopted:

December 12, 2017

REVISED:

November 14, 2023

JLCE - FIRST AID

FIRST AID

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.

  

Approved: April 11, 1995

Recoded: June 1998

Revised: October 10, 2023




JLCEA - MANAGING STUDENTS WITH FOOD ALLERGIES

The Cape Elizabeth School Department recognizes that food allergies can pose a significant threat to the health of some students. It is the policy of the Cape Elizabeth Schools to work with students, parents, staff, and medical personnel to minimize risks and provide a safe educational environment for food-allergic students.

Parents are encouraged to communicate with the school nurse regarding their child's allergies. The child's annual health update should be completed. An allergy plan from the child's healthcare provider should be submitted to the school nurse annually.

As an educational institution, it is the responsibility of the Cape Elizabeth Schools to increase awareness of all students, including:

  1. Their needs;
  2. The dangers they face;
  3. Preventative measures to be taken;
  4. Signs of allergic reactions; and
  5. Medical response should a student have an allergic reaction.

The schools will also solicit voluntary cooperation from parents, students, and staff toward avoiding food-allergic students coming in contact or proximity with foods which cause their particular allergic reactions in school or at school activities. Bans on particular foods, by classroom or whole school, will not be enacted.

School-level guidelines will provide details for the implementation of this policy. These guidelines will be reviewed on an annual basis.

Adopted: 

January 11, 2005

Revised:

April 9, 2024

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.

The school unit 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. Other members will be invited based on the student's specific identified needs.
  3. The reintegration team will determine, on the basis of need, which school employees should have 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 school unit's 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 baed on the student's abilities and academic achievement demonstrated in prior educational settings, including the student's stay at the juvenile correctional facility. 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 the local school unit from juvenile correctional facilities.

20-A MRSA §§ 254(12), 1055(12), 2902 (10), 4502(5)(O), 6001-B(1), 6001-B(2), 6001-B(3-A)

15 MRSA § 3009

Adopted: 

June 9, 2009

Revised:

November 17, 2015

JLF - REPORTING CHILD ABUSE AND NEGLECT

 

  1. DEFINITIONS
    1. Child abuse or neglect. Child abuse or neglect is defined by Maine law as “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). Child abuse of a sexual nature is also addressed in Policy JLFA – Child Sexual Abuse Prevention and Response.
    2. 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.
  2. EMPLOYEES’ DUTY TO REPORT
    [See Policy JLFA – Child Sexual Abuse Prevention and Response for reporting procedures specific to allegations of child sexual abuse.]
    1. Any employee or volunteer 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 a school administrator, the Title IX Coordinator, or the Superintendent.
      1. In addition to notifying a school administrator, Title IX Coordinator, or Superintendent, the employee or volunteer may also make a report directly to the Department of Health and Human Services (DHHS) or, if the person suspected is not a person responsible for the child, to the District Attorney (DA).
    2. If the notifying employee or volunteer does not receive written confirmation within 24 hours that a report has been made to DHHS or the DA, the employee or volunteer shall make an immediate report directly to DHHS or the DA. In such cases, the employee or volunteer shall then complete the Suspected Child Abuse, Including Sexual Abuse, and Neglect Report Form (JLF-E) and give it to the Superintendent.
    3. If the notifying employee or volunteer does receive a copy of the Suspected Child Abuse, Including Sexual Abuse, and Neglect Report Form (JLF-E) within 24 hours of their report, they shall sign the form as acknowledgement that the report was made and return it to the Superintendent.
  3. ADMINISTRATOR REPORTING AND CONFIRMATION DUTIES
    All school administrators, the Title IX Coordinator, and the Superintendent are designated agents to make child abuse and neglect reports. Other employees, in addition to the notifying employee, may also be designated at the discretion of the Superintendent.
    1. If a school administrator or the Title IX Coordinator receives the report, they shall notify the Superintendent immediately.
    2. The Superintendent or designee shall make a report by telephone to DHHS immediately and, if requested by DHHS, 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 person responsible for the child, the Superintendent or designee shall instead make the report to the DA.
      1. The law requires the notifying employee to make their own report to DHHS or the DA if they have not received confirmation within 24 hours that such a report has been made by the Superintendent or designee.
    3. The person making the report to DHHS or the DA shall complete the Suspected Child Abuse, Including Sexual Abuse, and Neglect Form (JLF-E).
    4. The Superintendent or designee shall provide a copy of the Suspected Child Abuse, Including Sexual Abuse, and Neglect Form (JLF-E) to the notifying employee within 24 hours of the employee’s initial report. The notifying employee shall sign the form and return it to the Superintendent.
    5. If requested by the relevant agency, the form will be forwarded to DHHS or the DA, 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.
  4. INTERNAL INVESTIGATIONS AND DISCIPLINE
    1. Employees. If the person suspected of abuse or neglect is an employee, the Superintendent or designee shall investigate and take appropriate action, in accordance with applicable Board policies, collective bargaining agreements, and federal and state laws.
    2. 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 interfering with the alleged victim’s ability to function effectively in school, the Superintendent or designee shall investigate and take appropriate action, in accordance with applicable Board policies and federal and state laws.
  5. INTERVIEWS OF CHILD AND SCHOOL PERSONNEL
    1. 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. DHHS 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.
    2. 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 school principal or designee shall:
      1. Require the DHHS employee requesting to interview the child to provide written certification that in DHHS’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 school 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.
  6. 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 school principal or 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.
  7. 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.

  8. 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.

Cross Reference:    

Adopted:    

Revised:     

 

 

JLF-E (FORM) - SUSPECTED CHILD ABUSE, INCLUDING SEXUAL ABUSE, AND NEGLECT REPORT FORM

Any employee of the Cape Elizabeth School Department who suspects that a child has been or is likely to be abused or neglected (the “notifying employee”) must immediately inform a school administrator, the Title IX Coordinator, or the Superintendent. The Superintendent or designee shall immediately make a report by telephone to the Department of Health and Human Services (DHHS) and, if appropriate, the District Attorney (DA), and complete this form. A copy should be provided to the notifying employee for signature and returned to the Superintendent. If the notifying employee has not received a copy of the completed form within 24 hours of informing a school administrator, the Title IX Coordinator, or the Superintendent, the employee shall make an immediate report to DHHS and, if appropriate, the DA, complete the form, and give it to the Superintendent.

This form is for school department use only. It is not to be sent to DHHS or the DA (unless requested by those agencies).

Notification

Name/title/telephone number/email address of notifying employee (person who first raises the suspicion):_______________________________________________________

Date and time of notifying employee’s report:___________________________________

Name/title of administrator notifying employee’s report first made to:________________

Name of student who is the subject of report:___________________________________ Birth Date:____________________ Gender:________________ Grade:____________ Known history of abuse/neglect?_____________________________________________

Parent/Guardian Name(s):__________________________________________________ Address:________________________________________________________________ Home telephone number(s):_________________________________________________ Work telephone number(s):__________________________________________________ Cell telephone number(s):___________________________________________________ Name(s) of sibling(s)/others in the home:______________________________________

Brief statement of indicators leading to the suspicion of abuse, including sexual abuse, or neglect:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Report

Name/title/telephone number/email address of reporting employee (person who calls DHHS and/or the DA):_____________________________________________________

Agency contacted:_________________________________________________________

Name/title/telephone of agency contact:________________________________________

Date and time of telephone report:____________________________________________

Reporting Employee Signature Date

Did the notifying employee contact DHHS or the DA independently? ____Yes ____No

If No, the form should be given to the notifying employee for their signature and then returned to the Superintendent.

I have received written confirmation that my report has been made to DHHS or the DA by the Superintendent or designee.

Notifying Employee Signature					Date

Cross Reference:

Adopted:

JLF-R (PROCEDURE) - REPORTING CHILD ABUSE, INCLUDING SEXUAL ABUSE, AND NEGLECT ADMINISTRATIVE PROCEDURE

This procedure implements the Board’s policies JLF – Reporting Child Abuse and Neglect and JLFA – Child Sexual Abuse Prevention and Response. It summarizes the steps to be taken when a school department employee or volunteer suspects that a child has been or is likely to be abused or neglected.

The “notifying employee” refers to any employee or volunteer of the Cape Elizabeth School Department 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.

  1. The notifying employee should immediately inform a school administrator, the Title IX Coordinator, or the Superintendent of the suspected abuse or neglect. The person may also notify the Department of Health and Human Services (DHHS) directly or, if appropriate, the District Attorney (DA).

  2. If a school administrator or the Title IX Coordinator receives the information, they shall immediately notify the Superintendent.

  3. The Superintendent or designee shall make a report by telephone to DHHS immediately and, if requested by DHHS, 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 person responsible for the child, the Superintendent or designee shall instead make a report to the DA.

  4. The person making the report to DHHS or the DA shall complete the Suspected Child Abuse, Including Sexual Abuse, and Neglect Report Form (JLF-E).

    The Superintendent or designee shall provide a copy of the Suspected Child Abuse, Including Sexual Abuse, and Neglect Report Form (JLF-E) to the notifying employee within 24 hours of the initial report. The notifying employee shall sign the form and return it to the Superintendent.

  5. The confirmation and acknowledgement should be retained in the school district’s records.

  6. If the notifying employee has not received a copy of the Suspected Child Abuse, Including Sexual Abuse, and Neglect Report Form (JLF-E) within 24 hours of informing a school administrator, the Title IX Coordinator, or the Superintendent, the notifying employee shall make an immediate report directly to DHHS or, if the person suspected is not a person responsible for the child, to the DA. In such cases, the employee shall then complete the form and give it to the Superintendent.

Cross Reference:

Adopted:

JRA - STUDENT EDUCATION RECORDS AND INFORMATION

Cape Elizabeth School Department (CESD) 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 student information. 

Directory Information

CESD 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, and honors and awards received. CESD 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.

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 CESD must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent.

Information on the Internet

Under Maine law, CESD 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, email address, home address, date of birth, social security number and parents' names, without written parental consent.

Transfer of Student Records

As required by Maine law, CESD 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). 

Designation of Law Enforcement Unit

School units may disclose student education records without parental consent to personnel of its law enforcement unit, provided that they have been designated as school officials with legitimate educational interests for the purpose of compliance with FERPA.

The Board hereby designates its School Resource Officer(s) as the school department's law enforcement unit for the purpose of disclosure of student education records under FERPA.

Health or Safety Emergency Emergencies

As permitted by FERPA, the school unit may disclose personally identifiable information from a student's educational record to appropriate parties, including parents of an eligible student, if taking into account the totality of circumstances, it determines that there is an articulable and significant threat to the health or safety of the student or other individuals and that knowledge of the information is necessary to protect the health or safety of the student or other individuals. In the event of disclosure, the school unit will record the articulable and significant threat that formed the basis for the disclosure and the parties to whom the school unit has disclosed and maintain such record with the student's educational record.

Administrative Procedures and Notices

The Superintendent is responsible for developing and implementing any administrative procedures and parent notices necessary to comply with 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.

Cross Reference:

Reviewed:

Adopted:

Revised:

 

JRA-E (FORM) - ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS

The Family Educational Rights and Privacy Act ("FERPA") provides certain rights to parents and age-eligible students (18 years of age or older) certain rights with respect to the student's education records.

  1. INSPECTION OF RECORDS

    Parents/eligible students may inspect and review the student's education records within 45 days of the day Cape Elizabeth School Department (CESD) receives the request for access. Such requests must be submitted to the Superintendent or building principal in writing and must identify the record(s) to be inspected. The Superintendent or building principal 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 per page determined by the school department.

  2. AMENDMENT OF RECORDS

    Parents/eligible students may request the School Department amend an education record they believe is inaccurate or misleading. Such requests must be submitted to the Superintendent or building principal 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 principal decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing regarding the request, and information about the hearing process and procedures.

  3. 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. 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 they need to review an education record in order to fulfill their 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 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) or a parent or student assisting a school official in performing a task or serving on a official committee (such as a disciplinary or grievance committee).

    2. Directory Information

      CESD may make public at its discretion personally identifiable information from the education records of a student without parental consent if that information has been designated as directory information by the school department. The School Department designates the following personally identifiable student information as directory information that may be made public at its discretion: 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, and honors and awards received. Parents/eligible students who do not want the School Department to disclose directory information must notify the Superintendent in writing within ten (10) days of the first student day of the school year or within ten (10) days of enrollment, whichever is later.

    3. Military Recruiters/Institutions of Higher Education

      Military recruiters and institutions of higher education are entitled to request and receive the names, addresses, and telephone numbers of high school students and the School Department must comply with any such request. Parents/eligible students who do not want the School Department to disclose this information without their prior written consent must notify the Superintendent in writing within ten (10) days of the first student day of the school year or within ten (10) days of enrollment, whichever is later.

    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 and upon request, education records are disclosed without consent to officials of another school district in which a student seeks or intends to enroll.

  4. 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 Ave, SW
Washington DC 20202

Adopted:

Revised:

JRA-R (PROCEDURE) - 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 USC§ 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.
  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 the student’s own behalf. 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.
  4. "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.
  5. "Education record" means information or data that is directly related to a student and is maintained by the school unit in any medium, including but not limited to handwriting, print, email 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.
  6. "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; and/or
  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.

 

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 they do 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 their choice at their 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 maintain a record of disclosures of personally identifiable information from the education records of a student.  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 or disclosures of directory information.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 Superintendent in writing within ten (10) days of the first student day of the school year or within ten (10) days of enrollment, whichever is later. 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 request that this information not be released without their prior written consent. Parents/eligible students who do not want the School Department to disclose this information must notify the Superintendent in writing within ten (10) days of the first student day of the school year or within ten (10) days of enrollment, whichever is later.
  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 they need to review an education record in order to fulfill their 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 assisting a school official in performing professional duties or serving on a committee (such as a disciplinary or grievance committee.)
  4. Other School Units: Under Maine law (20-A MRSA §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.
  5. 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.
  6. 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.
  7. Other Entities/Individuals: Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.
  8. Information on the Internet: Under Maine law 20-A MRSA §6001), the 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, email 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 "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 their 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 their 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 they become 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 students will be determined by the School Department. Parents/eligible students who are unable to pay such fees will not be denied access to education records. There will be no charge to search for or to retrieve the education records of a student.

 

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 high school transcripts of all former students shall be kept in perpetuity by the School Department. A permanent record of a special education student’s name, address, phone number, grades, attendance record, classes attended, and grade and year completed shall be maintained without time limitations. All other records will be maintained in accordance with Maine State Rules for Disposition of Local Governmental Records (Schedule L).
  3. The School Department shall not destroy any education record if there is any outstanding request to inspect or review such records.
  4. Records of access to education records shall be retained as long as the records themselves.
  5. 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 students 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

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202

 

20 USC§ 1232g; 34 CFR Part 99 (as amended)

20 USC§ 7908

20-A MRSA § 6001, 6001-B

Maine Department of Education Rules, Ch. 101 and

125 Maine State Archives, Rules for Disposition of Local Governmental Records

 

Adopted:
Revised:

JLCDA - MEDICAL CANNABIS IN SCHOOLS