Board Policies

These are the official Board Policies. Please click on the disclosure triangle (>) to review the specific policies in each area. You can also use the Search box above to search for topics.

A. Foundations and Basic Commitments

The District's legal role in providing public education and the basic principles underlying school board governance. These policies provide a setting for all of the school board's other policies and regulations.

A. Foundations and Basic Commitments

AC - Nondiscrimination/Equal Opportunity and Affirmative Action

NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION


The Cape Elizabeth School Department does not discriminate on the basis of sex or other protected categories in its education programs and activities, as required by federal and state laws/regulations.


Discrimination against and harassment of school employees because of race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locks), color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information are prohibited. 


Discrimination against and harassment of students because of race  (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locks), color, sex, sexual orientation, gender identity, religion, ancestry or national origin, or disability are prohibited. 


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


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


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

Cross Reference:


Adopted:

Revised:

A. Foundations and Basic Commitments

ACAA - Harassment and Sexual Harassment of Students

HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS

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

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

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

  1. Harassment 

Harassment includes, but is not limited to, verbal abuse and other offensive conduct based on race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locks), color, sex, sexual orientation, gender identity, religion, ancestry or national origin, or disability. Harassment that rises to the level of physical assault, battery and/or abuse, and/or bullying behavior are also addressed in Board Policies JICIA – Weapons, Violence, and School Safety and JICK – Bullying and Cyberbullying Prevention in Schools.

  1. Sexual Harassment

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


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

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

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

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

2. Sexual Harassment Under Maine Law

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

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

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

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


  1. Reports and Complaints of Harassment or Sexual Harassment

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

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

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


Legal Reference:       


Cross Reference:       


Adopted:

A. Foundations and Basic Commitments

ACAA-R - Student Discrimination and Harassment Complaint Procedure

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

Complaints alleging unlawful harassment or discrimination against employees based on a protected category should be addressed through ACAB-R – Employee Discrimination/ Harassment and Title IX Sexual Harassment Complaint Procedures.

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

Michelle McClellan

Affirmative Action Officer/Title IX Coordinator Cape Elizabeth School Department

320 Ocean House Road Cape Elizabeth, ME 04102 (207) 799-2217

mmcclellan@capeelizabethschools.org


  1. DEFINITIONS

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

    1. Discrimination/Harassment Complaint Procedure Definitions

      1. “Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for students, includes race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locks), color, sex, sexual orientation, gender identity, religion, ancestry, national origin, or disability.

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

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

      4. “Sexual harassment”: Under Maine law, this means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following situations:

        1. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits;
        2. Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or
        3. Such conduct has the purpose and effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile, or offensive environment.
      5. “Sexual orientation”: Under Maine law, this means a person’s “actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression.”
      6. “Gender identity”: Under Maine law, this means “the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.”
      7. “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin, or disability (and not otherwise addressed in the Title IX regulations and Section 3 of ACAA-R).
      8. Complaints of bullying not involving the protected categories or definitions described above may be addressed under Board Policy JICK – Bullying and Cyberbullying of Students.
    2. Title IX Sexual Harassment Complaint Procedure Definitions
      1. “Sexual Harassment”: Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the Cape Elizabeth School Department’s education programs and activities:
        1. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit, or service (such as a better grade or a college recommendation) on an individual’s participation in unwelcome sexual conduct;
        2. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies an individual’s equal access to the Cape Elizabeth School Department’s education programs and activities; or
        3. Sexual assault, dating violence, domestic violence, and stalking as these terms are defined in federal laws.
      2. “Report”: Under the Title IX regulations, any individual may make a report of sexual harassment involving a student, whether the individual is the alleged victim or not. School employees are required to report possible incidents of sexual harassment involving a student. A report must be made to the AAO/Title IX Coordinator. A report triggers certain actions by the AAO/Title IX Coordinator for the alleged victim of sexual harassment, but an investigation is not conducted unless a “Formal Complaint” is filed.
      3. “Formal Complaint”: Under the Title IX regulations, the alleged victim of sexual harassment can file a written complaint that triggers the complaint procedure in Section 3 of ACAA-R. Only a student and/or their parent/ legal guardian (and in certain circumstances, the AAO/Title IX Coordinator) may file a formal complaint.
      4. “Student”: For the purposes of this procedure, a student is an individual who is enrolled or participating in the Cape Elizabeth School Department’s education programs and activities, or is attempting to enroll or participate.


  2. DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE


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

      1. How to Make A Complaint

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

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

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

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

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

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

      2. Complaint Handling and Investigation

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

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

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

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

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

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

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

        8. If the complaint is against an employee of the Cape Elizabeth School Department, any rights conferred under an applicable collective bargaining agreement shall be applied.

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

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

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

          Complaint Handling and Investigation

      3. Findings and Subsequent Actions

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

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

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

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

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

      4. Appeals

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

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

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

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

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

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

     

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

       

      1. How to Make A Report


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

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

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

          1. Supportive measures are individualized measures designed to ensure the student can continue to access educational programs and activities (e.g., requiring no contact between individuals or changing classes).

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

        4. The Cape Elizabeth School Department cannot provide an informal resolution process for resolving a report unless a formal complaint is filed.

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

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

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


      2. How to Make A Formal Complaint


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

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

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

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

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

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

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


      3. Emergency Removal or Administrative Leave


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

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

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

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

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


      4. Notice to Parties of Formal Complaint


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

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

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

          3. As required by the Title IX regulations, a statement that the respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the complaint;

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

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

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

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

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


      5. Informal Resolution Process


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


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


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


      6. Investigation


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

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

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

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

        5. The investigator will:

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

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

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

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

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

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

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

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

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

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

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


      7. Determination of Responsibility


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

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

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

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

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

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

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

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

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

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

          5. The Cape Elizabeth School Department’s appeal procedure and permissible bases for the parties to appeal the determination.

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

      8. Remedies, Discipline, and Other Actions


        1. Remedies

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

        2. Discipline and Other Actions – Students

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

          1. In or out of school suspension;

          2. Expulsion;

          3. Restorative justice;

          4. Requirement to engage in education or counseling programs.

        3. Discipline and Other Actions – Employees

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

          1. Written warning;

          2. Probation;

          3. Demotion;

          4. Suspension without pay;

          5. Discharge;

          6. Performance improvement plan;

          7. Counseling;

          8. Training;

          9. Loss of leadership/stipend position.


      9. Appeals


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

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

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

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

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

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

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

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

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


      2. Records

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



    Cross Reference:

    Adopted:

    Revised:



    A. Foundations and Basic Commitments

    ACAB - Harassment and Sexual Harassment of School Employees

    HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES

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

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


    1. Harassment

    Harassment includes, but is not limited to, verbal abuse, threats, physical assault and/or battery based on race  (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locks), color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, genetic information, or disability.  Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal.


    1. Sexual Harassment

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


    1. Title IX Sexual Harassment

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

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

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

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


    1. Sexual Harassment Under Title VII and Maine Law

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

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

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

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


    1. Reports and Complaints of Harassment or Sexual Harassment

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

    All reports and complaints regarding harassment or sexual harassment of employees shall be addressed through ACAB-R – Employee Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures.


    Cross Reference:


    Adopted:
    A. Foundations and Basic Commitments

    ACAB-R - Employee Discrimination and Harassment of School Employees

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

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

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

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

    Michelle McClellan

    Affirmative Action Officer/Title IX Coordinator Cape Elizabeth School Department

    320 Ocean House Road Cape Elizabeth, ME 04107 (207) 799-2217

    mmcclellan@capeelizabethschools.org


    DEFINITIONS


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

    1. Discrimination/Harassment Complaint Procedure Definitions


      1. “Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for employees, includes race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locks), color, sex, sexual orientation, gender identity, age, familial status, religion, ancestry, national origin, genetic information, or disability.


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


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


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


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


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


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


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


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


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


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


      9. "Familial Status": Under Maine law, this means a family unit that contains: 
        1. One or more individuals who have not attained 18 years of age and are living with a parent or another person having legal custody of the individual or individuals or the designee of the parent or other person having custody with the written permission of the parent or other person; or
        2. One or more individuals 18 years of age or older who lack the ability to meet essential requirements for physical health, safety or self-care because the individual or individuals are unable to receive and evaluate information or make or communicate decisions.

    2. Title IX Sexual Harassment Complaint Procedure Definitions


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


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


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


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


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


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

      4. “Employee”: For the purpose of this procedure, “employee” means an applicant for employment or a current employee of the Cape Elizabeth School Department.

    DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE


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

    1. How to Make A Complaint

      1. Any employee who believes they have been unlawfully harassed or discriminated against (as such terms are defined in Section 1.A.1-3) is encouraged to try to resolve the problem by informing the individual(s) that the behavior is unwelcome or offensive, and requesting that the behavior stop. This shall not prevent the employee from making an immediate complaint to the AAO/Title IX Coordinator.


      2. Any employee who believes they have been harassed or discriminated against should report their concern promptly to the AAO/Title IX Coordinator. A written complaint must include basic information concerning the allegation of harassment or discrimination (i.e., date, time, location, individual(s) who alleged engaged in harassment or discrimination, description of allegation).


      3. Employees who are unsure as to whether unlawful discrimination or harassment has occurred, or who need assistance in preparing a written complaint, are encouraged to discuss the matter with the AAO/Title IX Coordinator.


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


      5. Any employee who believes they have been discriminated against or harassed is encouraged to utilize the Cape Elizabeth School Department’s complaint procedure. However, employees are hereby notified that they

        also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA 02109-3921 (telephone: 617-289-0111).


    2. Complaint Handling and Investigation


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


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


      3. The AAO/Title IX Coordinator may implement supportive measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk of further discrimination or harassment while an investigation is pending. Examples of supportive measures include, but are not limited to, ordering no contact between the individuals involved; changing a work location; or changing a work schedule.


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


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

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


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


      8. If the complaint is against an employee of the Cape Elizabeth School Department, any rights conferred under an applicable collective bargaining agreement shall be applied.


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


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


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


    3. Findings and Subsequent Actions


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


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


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


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


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


    4. Appeals


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


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


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


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


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


    5. Records


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


    TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURE

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


    1. How to Make A Report

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


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


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


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


      3. The Cape Elizabeth School Department cannot provide an informal resolution process for resolving a report until a formal complaint is filed.


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


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


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


    2. How to Make A Formal Complaint


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


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


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


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


      4. In accordance with the Title IX regulations, the AAO/Title IX Coordinator may dismiss a formal complaint under this Title IX procedure if: a) a complainant withdraws the formal complaint, or withdraws particular allegations within the complaint; b) the respondent is no longer employed by the Cape Elizabeth School Department; or c) there are specific circumstances that prevent the Cape Elizabeth School Department from gathering evidence sufficient to reach a determination regarding the formal complaint.


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


      6. If the conduct alleged potentially violates other laws, Board policies, and/or professional expectations, the Cape Elizabeth School Department may address the conduct under Section 2 or another applicable policy/procedure.

    3. Administrative Leave


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


      2. Any decision to place an employee respondent on administrative leave shall be made in compliance with any applicable disability laws, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.


    4. Notice to Parties of Formal Complaint


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


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


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


        3. As required by the Title IX regulations, a statement that the respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the complaint;


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


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

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


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


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


    5. Informal Resolution Process


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


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


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


    6. Investigation


      1. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and AAO/Title IX Coordinator. Any complaint about an employee who holds a supervisory

        position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.


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


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


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


      5. The investigator will:


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


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


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


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


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


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


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


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


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


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


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


    7. Determination of Responsibility


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


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


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


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


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


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


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


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


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


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


        5. The Cape Elizabeth School Department’s appeal procedure and permissible bases for the parties to appeal the determination.


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


    8. Remedies, Discipline and Other Actions


      1. Remedies


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


      2. Discipline and Other Actions


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


        1. Written warning;

        2. Probation;

        3. Demotion;

        4. Suspension without pay;

        5. Discharge;

        6. Performance improvement plan;

        7. Counseling;

        8. Training;

        9. Loss of leadership/stipend position.


    9. Appeals


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


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


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


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

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

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

      2. The Superintendent shall conduct an impartial review of the appeal, including consideration of the written record of the matter, and may consult with legal counsel or other Cape Elizabeth School Department officials in making their decision.

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

    J. Records

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



    Cross Reference:


    Adopted:

    Revised:




    A. Foundations and Basic Commitments

    ACAC - Service Animals in Schools

    SERVICE ANIMALS IN THE SCHOOLS

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

    DEFINITION

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

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

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


    USE OF SERVICE ANIMALS IN SCHOOLS

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

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

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

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

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

    6. The District will not be responsible for the training, feeding, grooming or care of any service animal permitted to attend school. It shall be the responsibility of the individual with a disability or designated handler to ensure the proper care and supervision of the service animal.

    7. All service animals must be kept on a harness, leash, or tether unless this prevents the animal from performing the specific work or tasks with the individual with a disability. The animal must be under the control of the individual with a disability or designated handler at all times.


    SERVICE ANIMALS AT SCHOOL-SPONSORED EVENTS

    Individuals with service animals may access the same areas that individuals without disabilities are authorized to access. Individuals with disabilities may be accompanied by their service animals to events or activities open to the public that are held in schools or on school property.  The use of a service animal may not be conditioned on the payment of a fee or security deposit, however the individual is liable for any damage done to the premises, facilities or personal property and any injuries to individuals caused by such an animal.

    1. Administrative Review of Service Animals


    1. Whenever a service animal is in school or on school property and it is not obvious that the dog qualifies as a service animal (e.g., guide dog for a blind person), a building administrator or other authorized school official may ask:

      1. Whether the service animal is required because of a disability;

      2. What work or task(s) the animal has been trained to perform.


    1. When it is anticipated that a service animal is going to be in the school on a regular basis with an employee, student, volunteer, or other frequent visitor to the school, the individual using the service animal (or in the case of a student, the student's parent/guardian) is expected to notify the building administrator in advance.


    1. The school shall not provide staff support to care for or control a service animal, but may provide support to a student using a service animal as needed in a particular instance (i.e., accompanying a young student who takes a service animal outside to relieve itself).

    2. Any handler (parent or other person) accompanying the service animal must have approval to work in the school from the Maine Department of Education and undergo the State criminal background check.

    3. Service animals must be properly licensed and vaccinated.

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

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

    1. The service animal poses a direct threat to the safety of individuals at school, causes a significant disruption of school activities, or otherwise jeopardizes the safe operation of the school;

    2. The service animal demonstrates that students are unable to perform reliably the work or tasks which students were represented as being able to perform;

    3. The service animal is not under the full control of the person with a disability, or the authorized handler.

    4. The service animal is sick (i.e., vomiting, etc.), infested with parasites, has an infection of the skin, mouth, or eyes, or otherwise presents a threat to the public health;

    5. The service animal demonstrates that it is not sufficiently trained to relieve itself outside the school building; and/or

    6. The service animal's presence significantly impairs the learning of students and/or fundamentally alters the nature of any school program.
       


    Cross Reference:


    Adopted:       

    A. Foundations and Basic Commitments

    ACAD - Hazing

    Maine statute 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 school or any activity expected of a student as a condition of joining or maintaining membership in a group that humiliates, degrades, abuses, or endangers the student regardless of the student's willingness to participate in the activity.”

    It is the policy of the Board that injurious hazing activities of any type, either on or off school property, by any student, staff member, group, or organization affiliated with the Cape Elizabeth School Department (CESD), are inconsistent with the educational process and shall be prohibited at all times.

    No administrator, faculty member, or other employee of the CESD shall encourage, permit, condone, or tolerate injurious hazing activities. No student, including leaders of student organizations, shall plan, encourage, or engage in injurious hazing activities.

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

    Administrators, faculty members, students, and all other employees who fail to abide by this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures. In the case of an organization affiliated with the CESD which authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with the CESD.

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

    The Superintendent shall assume responsibility for administering this policy. In the event that an individual or organization disagrees with an action, or lack of action, on the part of the Superintendent as they carry out the provisions of this policy, that individual or organization may appeal to the Board. The ruling of the Board, with respect to the provisions of this policy, shall be final.

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

    Cross Reference:

    Adopted:

    Revised:

     

     

    A. Foundations and Basic Commitments

    AD - Educational Philosophy

    Our Mission

    CAPE Schools open minds and open doors.

     

    Our Vision

    We empower students with the academic, personal, and social knowledge and skills needed to build fulfilling and engaged lives.

     

    Our Values

     

    Community:

    We value the connections among our school, local, and global communities that foster meaningful participation in a dynamic and diverse world.

    Academics:

    We value rich and varied learning experiences that support critical thinking, perseverance, effective communication, and independent and collaborative work inside and outside of the classroom.

    Passion:

    We value personal investment in learning in an environment that nourishes joy and creativity, protects risk-taking, and cultivates individual expression.

    Ethics:

    We value decision-making and actions guided by the principles of personal integrity, empathy, responsibility, and respect for self and others.

     

    ADOPTED:

    REVIEWED AND ACCEPTED:

    REVISED:

     

     

    A. Foundations and Basic Commitments

    AD-R - Change Model

    School improvement work brings about changes in policies, procedures and practices. Some changes will be significant steps toward alignment with the Strategic Plan. Others will be significant in their broad impact on students, staff, parents or the community. Significant change is most effective when it occurs through a process which ensures clarity of purpose, agreement as to who makes the decision, an articulation of expected results, a plan for accountability, an assessment of the capacity to do the work and the early involvement of stakeholders.

    Therefore, when a significant change is being considered, Cape Elizabeth school leaders need to be consistent about requiring answers to the following questions.

    1. Is there a compelling reason for this change? What is the real problem?

      1. A clear grasp that the problem needs to come first, possible solution second.

      2. Research may play a role in identifying the problem or need, determining the anticipated results of the change and measuring the success of the change.

         

    2. How and by whom will the decision be made regarding whether or not to undertake this change?

    3. What are the anticipated results of this change? Do we have the capacity to do the work?

    4. After implementation, how will we know whether the change produces the anticipated results? Who will be accountable?

    5. Is there an opportunity for stakeholders to influence this change during its development? Will there be follow-up communication with stakeholders?

       

      Stakeholders may have any of the following characteristics:

      1. Responsible for the final decision

      2. In a position to implement or prevent implementation of the decision

      3. Likely to be affected by the outcome of the decision

      4. Has information or expertise

     

    Cross Reference:

    ADOPTED:

     

     

    A. Foundations and Basic Commitments

    ADA - School District Goals and Objectives

    The Board recognizes its responsibility to set goals for the efficient operation of the school unit. In discharging this responsibility, the Board will strive to ensure that the resources of the unit are directed toward meeting the educational needs of each eligible student.

    The Board will develop annual goals based on input solicited from a variety of sources. These goals will be shared with the community, the staff, and the students. The administration shall develop appropriate objectives designed to achieve the stated priorities.

    The Board will regularly evaluate progress toward meeting the goals and will adopt appropriate policies designed to facilitate their accomplishment.

    Adopted:

    Reviewed/Revised:

    A. Foundations and Basic Commitments

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

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

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

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

    Following the identification of core values, the Board, with input from administrators, staff, parents, students, and members of the community, will adopt a Student Code of Conduct consistent with statewide standards for student behavior1 that shall, as required by law: 

    1. Define unacceptable student behavior;
    2. Establish standards of student responsibility for behavior;
    3. Prescribe consequences for violation of the Student Code of Conduct, including first-time violations, when appropriate;
    4. Describe appropriate procedures for referring students in need of special services to those services;
    5. Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on removal of the student from class;
    6. Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and
    7. Establish guidelines and criteria concerning the appropriate circumstances when the Superintendent/designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involved violence committed by any person on school grounds or other school property.
    8. Establish policies and procedure to address bullying, harassment, and sexual harassment.

    The Board will review the Student Code of Conduct periodically, inviting input from administrators, staff, parents, students and members of the community.

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

    1. Focus on positive interventions and expectations and avoid focusing exclusively on unacceptable student behavior;
    2. Focus on positive and restorative interventions that are consistent with evidence-based practices rather than set punishments for specific behaviors, and avoid "zero tolerance" practices unless specifically required by federal or state laws, rules or regulations;
    3. Allow administrators to use their discretion to fashion appropriate discipline that examines the circumstances pertinent to the case at hand; and
    4. Provide written notice to the parents of student when a student is suspended from school, regardless of whether the suspension is an in-school or out-of-school suspension.

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

    Students, parents, staff, and the community will be informed of the Student Code of Conduct and relevant district-wide school disciplinary policies through handbooks, the school unit's website, and/or other means selected by the Superintendent/designee.

    Ethics and Curriculum

    The Board encourages integration of ethics into content areas of the curriculum, as appropriate. The Board encourages examination and discussion of ethical issues within content areas of the curriculum, as appropriate. The Board also encourages schools and school administrators and staff to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities.

    Cross Reference:

    Reading

    1 The statewide standards are the "core values" identified in the report of the Commission for Ethical and Responsible Student Behavior, Taking Responsibility: Standards for Ethical and Responsible Behavior in Maine Schools and Communities. The core values are: Respect, Honesty, Compassion, Fairness, Responsibility and Courage. The Code of Conduct must be "consistent with," not identical to, the statewide standards developed under 20 M.R.S.A. § 254( 11 ). This provides an opportunity for communities to identify their own core values and articulate what they "look like" when applied to behavior. The core values serve as a basis for school system expectations for student conduct. 

     

     

     

     

    A. Foundations and Basic Commitments

    ADC - Use of Tobacco Products and Electronic Nicotine Delivery Systems

    USE OF TOBACCO PRODUCTS AND ELECTRONIC NICOTINE DELIVERY SYSTEMS


    The Cape Elizabeth School Department is a tobacco-free zone. The Board recognizes that research shows that tobacco continues to be the leading cause of preventable disease and death in Maine and the United States, for both users and those exposed to second-hand smoke. The Board is also aware that a growing body of evidence suggests that the chemicals present in the aerosols (“vapor”) produced by electronic smoking devices, may pose significant long-term risks to health, as well the risk of addiction to nicotine. The Board is committed to providing a safe and healthy environment for students, staff, and visitors to the schools, including members of the community who use school facilities for recreational and other purposes

    In order to promote the health, welfare, and safety of students, staff, and visitors and to promote the cleanliness of all facilities, the board prohibits smoking and all other use of tobacco products and electronic vaporizers commonly used for the delivery of nicotine and other inhaled substances (including but not limited to e-cigarettes, e-hookahs, vape pens, or similar devices) in school buildings, on school property, at school functions, on school buses or in any other school department owned or leased vehicles, at all times including days and times when school is not in session  (24 hours per day, 365 days a year) and by all persons. This policy reflects and emphasizes the hazards of tobacco use, will assure compliance with laws, protect school community members from secondhand smoke, and role model tobacco-free lifestyles.


    DEFINITIONS

    For the purpose of this policy:

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

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

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

    “Electronic smoking device” is defined as “a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation a device manufactured, distributed, marketed or sold as an electronic cigarette, or so-called vape-pen”. (22 MRSA § 1541(1-A,)

    Employees and all other persons (students, visitors, parents, and other adults) are also strictly prohibited, under law and Board policy, from selling, distributing or in any way dispensing tobacco products and electronic nicotine delivery systems to students in school buildings, on school grounds or at school-sponsored events at all times.

    CONSEQUENCES FOR VIOLATION

    Students, all employees, parents, visitors, and other adults are required to comply with Cape Elizabeth Schools’ tobacco-free policy. STUDENTS: The Superintendent/designee(s) shall be responsible for developing age-appropriate disciplinary guidelines for students violating this policy and for employing strategies, as possible, to address prevention, education and information about community programs for cessation assistance. The Superintendent or designee reserves the right to refer students to a law enforcement agency, on a case-by-case basis, as may be deemed necessary. However, the Superintendent/designee shall refer to a law enforcement agency any student reasonably suspected of selling, dispensing or distributing tobacco products or vaping devices/products. Parents/guardians will be notified of all violations involving their student and action taken by the school.

    STAFF: School unit employees who violate this policy will be subject to appropriate disciplinary measures up to and including dismissal. Any school unit employee suspected of selling, distributing or in any way dispensing tobacco products or vaping devices/products to students shall be referred to a law enforcement agency.

    OTHER PERSONS IN VIOLATION: All other persons violating this policy, including parents, vendors/contractors, spectators at school events and other visitors shall be asked to refrain from use and reminded of the Board’s policy. Persons who do not comply will be asked to leave school grounds. Failure to leave school grounds will be treated as trespassing and law enforcement personnel may be contacted. Persons suspected of selling, distributing or in any way dispensing tobacco products or vaping devices/products to students shall be referred to an appropriate law enforcement agency.

    Enforcement of this policy will follow the standard procedure of the school. All school staff are expected to enforce the policy under the direction of the principal or an administrator. Any violation of this policy should be reported to the school administration.

    RESPONSIBILITY FOR ENFORCEMENT

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

    COMMUNICATION OF THE POLICY

    This policy will be communicated through a variety of efforts to educate students, school staff, parents, visitors and other adults. Tobacco-free signs will be posted in highly visible areas at facilities entrances and throughout the school property, including athletic facilities. The policy will be posted on the school website and in student handbooks or staff communications which will be made available to students, parents and staff on an annual basis.

    EDUCATION

    Age-appropriate tobacco/”vaping” prevention and awareness instruction will be incorporated into the school unit’s health curriculum, in alignment with Maine’s system of Learning Results and in support of the school unit’s wellness policy goals, to educate students about the dangers of tobacco and vapor products and to encourage a tobacco and “vape-free”lifestyle. As feasible, information regarding treatment and cessation resources will be made available to students and school unit employees who want to quit.

    ADVERTISING OF TOBACCO PRODUCTS

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

    Information regarding tobacco treatment resources, such as onsite counseling and the Maine Tobacco Helpline (1-800-207-1230) will be available for tobacco users who are interested in quitting.



    Cross Reference:   

    JL - Student Wellness


    Adopted:

    May 13, 2003

    Revised:     
    A. Foundations and Basic Commitments

    ADF - SCHOOL UNIT COMMITMENT TO LEARNING RESULTS

    The School Board hereby adopts the system of learning results and the Maine Department of Education’s applicable rules. The learning results system is intended to serve as a foundation for education reform and to provide assessment of student learning, accountability and equitable opportunities for all students to access the content standards. The Board recognizes that the legislative intent of the learning results system is to provide children with schools that reflect high expectations and create conditions where these expectations can be met.

    The Board understands that implementation of the learning results system has broad implications for the school unit, including curriculum, budget, professional development, student assessment, professional evaluation, and graduation requirements. Therefore, the Board is committed to examining its policies to make them consistent with the intent and goals of the learning results system.

    The Board directs the Superintendent to develop a plan and timeline for implementing the learning results system and any appropriate administrative procedures. The Board further directs the Superintendent to report to the Board on a regular basis on progress toward implementing the learning results system.

    ADOPTED:

    Revised:

     

     

    B . School Board Governance and Operations

    The School Board - how it is elected; how it is organized; how it conducts meetings, and how the board operates. This section includes policies establishing the board's internal operating procedures.

    B . School Board Governance and Operations

    BBAA - School Board Powers and Responsibilities

    SCHOOL BOARD POWERS AND RESPONSIBILITIES

    The School Board shall have general charge of all the public schools of the Cape Elizabeth School Department and shall exercise such other responsibilities as specifically provided by law.

    Members of the Board have authority only when acting as a board legally in session. The Board shall not be bound in any way by any action or statement on the part of an individual Board member except when such statement or action is in pursuance of specific instructions from the Board. 

    The Board shall concern itself primarily with high level policy rather than with administrative details. The application of policies is an administrative task to be performed by the Superintendent and their staff, who shall be held responsible for the effective administration and supervision of the entire school system.

    The Board, functioning within the framework of laws, court decisions, attorney general's opinions, and similar mandates from the state and national levels of government, and recognizing the authority of the state, fulfills its mission as the governing body of a political subdivision by acting as follows in the execution of its duties:

    1. Enacts policy;

    2. Selects, employs, and evaluates the Superintendent;

    3. Provides for the planning, expansion, improvement, financing, construction, and maintenance of the physical plant of the school system;

    4. Prescribes the minimum standards needed for the efficient operation and improvement of the school system;

    5. Requires the establishment and maintenance of records, accounts, archives, management methods, and procedures incidental to the conduct of school business;

    6. Approves the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business;

    7. Estimates the funds necessary from taxes for the operation, support, maintenance, and improvement of the school system;

    8. Adopts courses of study;

    9. Provides staff and instructional aids;

    10. Evaluates the educational program to determine the effectiveness with which the schools are achieving the educational purposes of the school system;

    11. Provides for the dissemination of information relating to the schools necessary for creating a well informed public; and

    12. Approves/disapproves personnel nominations from the Superintendent and determines (where appropriate via collective bargaining) compensation and working conditions of all staff.

    Adopted:
    Revised:
    B . School Board Governance and Operations

    BBAB - Student School Board Representative

    The Cape Elizabeth School Board recognizes the impact that its decisions have on the students who attend Cape Elizabeth schools. The School Board also recognizes the value of student voice in the governance of the school department. In order to provide for student input and involvement, the School Board may appoint up to two high school student representatives to the School Board each year. These representatives will serve in a nonvoting capacity. In order to serve as a student representative to the School Board, the student must be enrolled full time at Cape Elizabeth High School.

    Student representatives shall serve two consecutive years (defined as two complete school years) starting in the Junior (11th grade) year. The terms shall overlap so that one new representative is appointed each school year. At its discretion, the School Board may, at the recommendation of the selection committee, appoint a student representative to a one year term. Student representatives shall be selected in accordance with procedures approved by the School Board. 

    Student representatives will attend business meetings and be invited to workshop and committee meetings. They will be excluded from executive sessions. Student representatives will act as liaisons between the School Board and the student body and shall adhere to the rules for participation established by the School Board.

    Cross Reference

    ADOPTED:

    Revised:

     

     

    B . School Board Governance and Operations

    BBAB-R - STUDENT SCHOOL BOARD REPRESENTATIVE POLICY GUIDELINES

    Selection Process:

    The following procedure shall be used in the selection and participation of student representatives to the School Board.

    1. Each April the Principal will notify sophomore students of the process for Student School Board Representative selection through advisory or other appropriate means.
    2. Applicants will submit a brief essay expressing their reasons for applying and the contribution they hope to make.
    3. All applications shall be reviewed by a selection committee composed of the Principal, the Superintendent, the School Board Chair and/or Vice Chair, one or both current Student Board members and a faculty member or members.
    4. The selection committee may, in its discretion, choose to interview finalists before their decision is made.
    5. The selection committee may, in its discretion, choose to leave the position vacant. 

    School board students-elect are encouraged to attend School Board meetings and educate themselves on the role of board members in the months after they are elected before the end of the school year.

    Responsibilities:

    1. Beginning at the start of the school year, a School Board Student Representative will attend monthly business meetings and other workshops and committee meetings as designated and applicable. 
    2. School Board student representatives are responsible for preparing any needed materials meetings, and for responding to and sending necessary emails. This could include presentations, research, or statements.
    3. School Board student representatives are responsible for keeping the student advisory council updated as to give updates on what is going on within the School Board and what the School Board has recently accomplished.

     

    The rules of the substance abuse policy and academic eligibility apply. Student representatives will adhere to School Board rules for conduct and board policy and procedure.

    Cross Reference:

    ADOPTED:

    Reviewed:

     

     

    B . School Board Governance and Operations

    BCA - SCHOOL BOARD CODE OF ETHICS

    I will abide by the following code of ethics during my term as a Cape Elizabeth School Board Member:

    1. I will abide by the laws of the United States, the State of Maine, the regulations of the Department of Education, and the Cape Elizabeth Town Charter.
    2. I will work to provide high quality public education for the children of Cape Elizabeth in accordance with the Mission and Vision Statement.
    3. I will consider the educational needs of children and how they will be affected in all my deliberations and decisions.
    4. I will treat fellow Board members, school staff, students, and citizens with respect.
    5. I recognize that the School Board’s responsibility is to set educational policy and not to manage the schools day-to-day. I will not undermine or usurp the authority of the Superintendent or school administrators.
    6. I recognize that I have no legal authority as an individual outside of School Board meetings and will conduct myself with sensitivity to that fact.
    7. I will encourage the input of school staff, students, and citizens on educational issues and will consider such input in my deliberations.
    8. I will refer any citizen complaints to the proper authority within the school department.
    9. I will endeavor to attend and be prepared for every School Board meeting. If personal circumstances prevent me from attending regularly, I will consider resigning my position.
    10. I will not make promises about how I will vote on matters before the Board, and will vote based on the available facts and my own judgment.
    11. I understand that I have an obligation to vote on all matters before the Board unless I have a direct conflict of interest on a particular issue.
    12. I will support all Board decisions, regardless of my vote.
    13. I will not discuss confidential information outside of School Board meetings.
    14. I will not use my School Board position for personal gain.

    ADOPTED:

    Recoded:

    REVISED:

    Reviewed:

     

     

     

    B . School Board Governance and Operations

    BCB - BOARD MEMBER CONFLICT OF INTEREST

    Board Service is a matter of public trust. In making decisions that affect the Cape Elizabeth School Department schools, Board members have the duty to act in the interest of the common good and for the benefit of the people they represent. 

    A conflict of interest may arise when there is an incompatibility between a Board member’s personal interest and the responsibilities as an elected official in a matter proposed or pending before the Board. Board members have a legal and ethical responsibility to avoid not only conflict of interest, but the appearance of conflict of interest as well. 

    1. Financial Interest & Material Benefit

    A Board member has a financial interest in a question or contract under consideration when the Board member or member of the immediate family of a Board member may derive some financial or other material benefit or loss as a result of the Board action. The vote of the Board is voidable if a Board member has a financial interest and votes on that question or is involved in the discussion, negotiation, or award of a contract or other action in which the Board member has financial interest. 

    The Board and the School Department shall not enter into any contract in which a Board member (i) has a direct or indirect pecuniary interest (as defined by law),1 (ii) or is employed by, contracts with or has any other financial interest in an entity which furnishes goods or services to the schools. In order to prevent the vote on a question or contract from being voidable, a Board member who has a financial interest must take the following action.

    1. The Board member having the interest makes full disclosure of interest before any action is taken and abstains from voting, negotiating or award of the contract and from otherwise attempting to influence the decision (with disclosure and abstention recorded in the minutes of the Board).

    The minutes of the meeting shall reflect the member’s disclosure and abstention from taking part in the decision in which there is an interest.

    It is not the intent of this policy to prevent a Board member from voting or the school department from contracting with a business because a Board member is an employee of that business or has another, indirect interest but is designed to prevent the placing of Board members in a position where their interest in the schools and their interest in their places of employment may conflict and to avoid appearances of conflict of interest. 

    1. Employment

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

    3. A Board member or spouse of a member may not be an employee in the Cape Elizabeth School Department. 

    4. The spouse of a Board member may be permitted to serve as a stipend employee on a contractual basis when this action is in the best interest of students and a summation of potential conflicts of interests is documented and mitigations are described in the signed contract. This exception is for school years 2021-2022, 2022-2023, and 2023-2024 as permitted by 20-A MRSA 1002(2)(A) and Board Policy BCC - Nepotism. 


    1. Volunteer Activities of Board Members and Spouses

    2. A member of the Board or spouse of a member may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Superintendent, Athletic Director, principal or other administrator in the School Department. "Volunteer means a person who performs personal services for a school unit without monetary payments or benefits of any kind or amount."

    3. Volunteer activities of a Board member or a member's spouse, other than in the roles that are prohibited by statute, may be prescribed by policies or rules developed and approved by the Board.

    4. The spouse of a Board member may be permitted to serve as a volunteer in any capacity, the same as other school volunteers. This exception is for school years 2021-2022, 2022-2023, and 2023-2024 as permitted by 20-A MRSA 1002(2)(A) and Board Policy BCC - Nepotism. 


    1. Code of Conduct for Federally Funded Procurements


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


    1. Appearance of Conflict of Interest


    A Board member should do nothing to give the impression that the position or vote on an issue is influenced by anything other than a fair consideration of all sides of a question. Board members shall attempt to avoid the appearance of conflict of interest by disclosure and/or by abstention. 


    1. Appointment to Office and Other Employment

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


    Definitions

    For the purposes of this policy, the following statutory definitions apply:

    1. “Employee” means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for a school administrative unit. 

    2. “Stipend employee” means a person who receives limited monetary payment of benefits, through a series of payments or in a lump sum, for personal services performed in an advisory, mentoring, or coaching capacity for a school administrative unit. 

    3. “Volunteer” means a person who performs personal services for a school administrative unit without monetary payments or benefits of any kind or amount. 


    20-A MRSA §§ 1002 - 1004

    30-A MRSA § 2605


    Cross Reference:

    BCA - Board Member Code of Ethics

    BCC - Nepotism

    DJH - Purchasing and Contracting: Procurement Staff Code of Conduct

    IJOC - School Volunteers


    ADOPTED:

    January 14, 1992

    Recoded:

    June 1998

    REVISED:

    April 9, 2004

    Reviewed:

    May 9, 2006

    REVISED:

    March 12, 2013

    December 12, 2017

    April 12, 2022

    B . School Board Governance and Operations

    BCC - NEPOTISM

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

     

    1. For the purposes of this policy, the following definitions shall be used:
      1. “Employee” means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for the School Department.
      2. “Stipend employee” means a person who receives limited monetary payment or benefits, through a series of payments or in a lump sum, for personal services performed in an advisory, mentoring or coaching capacity for the School Department. 
      3. “Volunteer” means a person who performs personal services for the School Department without monetary payment or benefits of any kind or amount. 
      4. “Administrative supervision” refers to the authority of a person in the position of principal or higher. 
      5. “Immediate Family” includes spouse, sibling, parent, child/adult child or domestic partner.
      6. “Extended Family” includes grandparent, grandchild, sibling, parent’s sibling or in-law.

    2. Board Members 

    It shall be the policy of the Cape Elizabeth School Board not to employ as school department staff any person who is a member of the immediate family of a Board member. 

      1. Immediate and extended family members of Board members shall not be employed by the School Department, subject to the following exemptions:
        1. Employees who are employed on the date that an immediate or extended family member of theirs is elected to the Board.
        2. In accordance with20-A MRSA §  1002(2A), a Board member’s spouse may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Superintendent, principal, athletic director or their school administrator, with exception when 20-A MRSA § 1002 (2A) and (2B) applies. 
        3.  In accordance with 20-A MRSA § 1002 (2A) and (2B), spouses of Board members may serve as stipend employees or volunteers under the following conditions. These exceptions will sunset on July 1, 2024. 
          1. The Board authorizes the Superintendent to employ a spouse of the member of the Board as a stipend employee on a contractual basis when that action is in the best interest of the students and the needs of the school unit. Such a contract will summarize potential conflicts of interest and describe mitigations of such conflicts and will be for one season or one year only, with no guarantee or expectation of continuation.
          2. It is the Board’s intent that hiring practices for stipend positions discourage favoritism and political patronage and provide qualified applicants a fair opportunity to be selected on merit, with priority consideration given to the best interest without restrictions based solely on family association. To that end, the Superintendent/designee will be responsible for developing job descriptions for stipend positions, including relevant qualifications and duties/ responsibilities. 
      2. Board members are expected to recuse themselves from participating in any personnel action involving an immediate or extended family member employed by the School Department.
    2. Superintendent 
      1. Immediate and extended family members of the Superintendent shall not be employed by the School Department, subject to the following exemption: employees who are employed on the date that an immediate or extended family of theirs is elected to the position of Superintendent.
        1. If a member of the Superintendent’s immediate or extended family is employed under paragraph IIIA, appropriate measures shall be taken by the Board to avoid a conflict.
    3. Administrators
      1. No person shall be employed in or assigned to a position within the administrative supervision of a member of that person’s immediate or extended family. Nor shall any person be employed in a position in which a member of the immediate or extended family of that person is responsible, in whole or in part, for their supervision or evaluation.
    4. All School Employees
      The Board shall be notified if an employee has an immediate or extended family   relationship with any other School Department employee or Board member before the Board takes any employment action affecting that employee.
    5. Volunteers

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

      1. A Board member’s spouse may serve as a volunteer when such service is deemed to be in the best interest of students and the School Department. Approval of such volunteers must be made without favoritism and political patronage; consider the needs of the School Department; and provide that all volunteers have a fair and equal opportunity to be selected on merit, with priority consideration given to the best interest of students without restrictions based solely on daily association. This exception applies only through June 30, 2024, unless extended by the Maine legislature.
      2. Exceptions to Policy
        In extraordinary circumstances, the Board may approve an exception to the prohibitions on the employment of immediate or extended family so long as the candidate is qualified for the position, the hiring is in the best interest of the school system and its students, and the candidate is not the spouse of a Board member. It is the intent of the Board that this provision be narrowly construed and used only in rare circumstances.

                                       

    Cross Reference:

     

    Adopted:    

    Recoded:    

    Revised:     

    B . School Board Governance and Operations

    BDB - BOARD OFFICERS

    Duties of the Chair

    The Chair shall preside at all meetings of the Board and shall perform other duties as directed by law, Maine Department of Education rules, and by board policy, procedures, practice and/or other board agreement. In carrying out these responsibilities, the Chair shall:

    1. Sign the instruments, acts, and orders necessary to carry out state requirements and the will of the Board;
    2. Consult with the Superintendent in the planning of the Board meeting agendas;
    3. Confer with the Superintendent on crucial matters that may occur between Board meetings;
    4. Appoint all standing committee chairs and members, subject to final Board approval. Make appointments to school, district and regional committees, subject to Board approval. Appoint School Board members to serve on board advisory committees subject to Board approval.
    5. Call special meetings of the Board as necessary;
    6. Be the public spokesperson for the Board at all times except as this responsibility is specifically delegated to others; and
    7. Preside at and be responsible for the orderly conduct of all Board monthly meetings.

    As presiding officer at all meetings of the Board, the Chair shall:

    1. Call the meeting to order at the appointed time;
    2. Announce the business to come before the Board in its proper order;
    3. Enforce the Board’s policies relating to the order of business and the conduct of the meeting;
    4. Explain, as appropriate, what the effect of a motion would be;
    5. Restrict discussion when a motion is before the Board;
    6. Put motions to a vote and announce the vote result.

    The Chair shall have the right, as other Board members have, to offer motions, discuss questions, and vote.

    Duties of the Vice-Chair

    In the absence of the Chair, the Vice-Chair shall perform all the duties of the Chair. The Vice-Chair will assist the Chair and Superintendent in setting the monthly business and workshop agendas.

    Duties of the Secretary

    The Superintendent shall serve as Secretary of the Board, with the right to speak on all questions and offer recommendations. The Secretary shall be responsible for ensuring that records are kept of all business transacted by the Board at both regular and appropriately called special meetings, and shall perform such other functions as are ordinarily functions of this office.

    ADOPTED:

    Reviewed:

     

     

    B . School Board Governance and Operations

    BDC - BOARD APPOINTMENTS

    The School Board may be asked to provide member representation on various school, district or regional committees. The Board does not create these committees but their purpose may be such that school board representation contributes to the effectiveness of the committee in achieving its mission and/or provides an important communication link to the Board. These committees may include administrative search committees, Portland Arts and Technology High School “PATHS” Board, Cape Elizabeth Volunteer Advisory Committee, etc.

    The Chair of the School Board will appoint specific School Board members to these committees, subject to final approval by the School Board. The appointment shall be for one year. After two consecutive appointments of the same member, all efforts will be made to afford other interested Board members an opportunity to serve on a particular committee.

     

    Adopted:

    September 13, 2005

    Reviewed:

    May 9, 2006

    March 12, 2013

    November 8, 2022


    B . School Board Governance and Operations

    BDD - BOARD-SUPERINTENDENT RELATIONSHIP

    The Board believes that exercising its legislative function through policymaking is its most important responsibility. The Board is also responsible for setting the direction for the school district and evaluating progress towards goals.

    The management of the schools is the function of the Superintendent. The Board holds the Superintendent responsible for complying with all applicable laws, rules and regulations; for administering Board policies and decisions; for operation of the schools and educational program; for the system of supervision and evaluation of staff; and for keeping the Board informed about school operations, problems and opportunities. The Board recognizes that the Superintendent may delegate certain responsibilities to other personnel. Such delegation does not relieve the Superintendent of the final responsibility for actions taken.

    The Board, collectively and as individual members, shall:

    1. Recognize the Superintendent as the educational leader of the school district;
    2. Provide direction for the Superintendent through written policies, objectives and goals for the school district;
    3. Give the Superintendent full administrative authority and support for properly discharging their professional duties, while holding them responsible for acceptable results;
    4. Hold all Board meetings in the presence of the Superintendent, except as otherwise permitted by law or when the Superintendent voluntarily excuses themself at the request of the Board;
    5. Refer complaints, criticisms, and requests to the Superintendent or other appropriate personnel and discuss them at Board meetings only after administrative solutions have been exhausted; and
    6. Evaluate the Superintendent and provide appropriate opportunities for the Superintendent to share their perceptions regarding the working relationship between the Board and Superintendent.

    Cross Reference:

    ADOPTED:

     

     

    B . School Board Governance and Operations

    BDE - BOARD STANDING COMMITTEES

    The Board believes that standing committees can be useful to its decision-making process and in the transaction of Board business. The Board  may  establish  such standing  committees  as it deems necessary to facilitate school unit governance and address ongoing school unit needs. A standing committee has only such authority as specified by the Board.

    All standing committees shall be comprised of less than a majority of the Board.

    All standing committee meetings are open to the public except as provided by the Freedom of Access Law and the Municipal Public Employees Labor Relations Law.


    Establishment and Functions of Standing Committees

    The following provisions apply to the establishment and functions of standing committees:

    1. All standing committees shall be established by vote of the Board. A motion to establish a standing committee shall state the purpose and responsibilities of the committee (the "charge") and set the number of members comprising the committee.

    2. The Chair of the School Board will appoint specific School Board members to these committees, subject to final approval by the School Board.

    For existing standing committees, appointments will be made at or as soon as practicable after the School Board's annual organizational meeting.

    1. The Board Chair shall also make appointments to standing committee vacancies on standing committees that occur prior to the Board’s next organizational meeting. 

    2. The term of appointment to a standing committee shall be until the next organizational meeting.

    3. Each standing committee will elect its own chair.

    4. The Board Chair and Superintendent shall be ex officio (non-voting) members of all standing committees.

    5. Any Board member may attend standing committee meetings, but only appointed members of the committee may vote.

    6. Except as authorized by law or Board action, a standing committee may research issues and make recommendations for Board action, but may not act for the Board.

    7. A standing committee may be abolished at any time by a vote of the Board.

    8. The number of members on a standing committee and/or the responsibilities of a standing committee may be modified at any time by a vote of the Board.

     Authorization/Appointment of Standing Committees

    The Board shall have the following standing committees:

    1. Finance;

    2. Policy;

    3. Buildings and Grounds; and

    4. Negotiations.

    The Board may establish other standing committees it deems necessary in accordance with this policy.

    1 M.R.S;A. § 401 et seq. 

    Cross Reference:

    BEDB - Agenda


    ADOPTED:

    November 12, 1991

    Recoded:

    June 1998

    REVISED:

    April 12, 2005

    September 13, 2005

    May 14, 2013

    November 8, 2022

    B . School Board Governance and Operations

    BDE-R - STANDING COMMITTEE OPERATING PROCEDURES


    STANDING COMMITTEE OPERATING PROCEDURES

    A. Each standing committee shall meet at the call of its chair at a time and place to be designated in the call of the meeting.  Standing committee meetings shall meet as deemed appropriate and necessary by the Committee Chair for the committee to do its business. 

    B. The chair of a standing committee, in collaboration with the Superintendent/designee, will establish the agenda for each meeting to promote the orderly flow of information and the effective operations of the Board and its standing committees.

    C. Notice to the public of the date, time and place of a standing committee meeting and the agenda for the meeting shall be provided at least three days in advance and in a manner consistent with the Board’s policy and practice concerning notification of Board meetings.

    D. The Superintendent may designate administrators or staff to serve in a liaison or advisory capacity and/or to provide information and/or resources.  

    E. Any member of the Board, staff or public may attend a standing committee meeting, except as may otherwise be provided by Law, and may speak only at the discretion of the chair. 

    F. The presence of a majority of the members of a standing committee shall constitute a quorum for voting purposes. Only the members of the standing committee may vote on agenda items.

    G. In the event that the chair of a standing committee is unavailable for a scheduled committee meeting, the members of the standing committee will elect one of the members in attendance to act as chair for the duration of the meeting.

    H. For any matter on its agenda, a standing committee may by majority vote of members present, or by consensus, agree to make recommendations to the full Board. Recommendations may be in the form of a proposed motion and/or a report. A standing committee may also forward a matter under discussion to the full Board with no recommendation.  

    I. Standing committee reports will be included as an agenda item for all regular Board meetings.

    J. Any item referred to a standing committee by the Board shall be reported on at the next regular Board meeting. The standing committee’s report should indicate work completed or progress made to date. The report may include the recommendation for continued standing committee study.  

    K. Standing committee minutes, if prepared, are public information, subject to the Freedom of Access Law.

    L. When practicable, allowable by law, and technology is available, standing committee meetings shall be recorded for public access and posted along with the meeting minutes. 

     


    Adopted: December 13, 2022

    Revised: October 10, 2023




    B . School Board Governance and Operations

    BDF - BOARD ADVISORY COMMITTEES

    The Board may establish advisory committees to perform specific functions. Advisory committees may study particular problems or issues and make reports and/or recommendations to the Board, but may not act for the Board.

    Advisory committees may include individuals who are not elected members of the Board but each advisory committee shall have at least one Board representative.

    The Board will consult with the Superintendent before establishing or dissolving any advisory committee. The number of members, the composition of each advisory committee, and the selection of members will be determined by the Board, in consultation with the Superintendent based upon the purpose of the committee. The Chair of the School Board will appoint specific School Board members to these committees, subject to final approval by the School Board.

    The scope and authority of any advisory committee shall be limited to that assigned to it by the Board. The Board is in no way obligated to follow advisory committee recommendations.

    Unless given a new assignment by the Board, an advisory committee shall be dissolved promptly upon completion of its task. An advisory committee may be dissolved at any time by Board action. No advisory committee shall continue for a prolonged period without a specific assignment.

    Instructions to Board Advisory Committee

    So that the Board' s intent and expectations are clear, each advisory committee shall  be instructed in writing concerning:

    1. The purpose of the committee, the specific issue(s) for study, and/or the scope of the committee' s activity;

    2. The composition of the committee, including designation of voting and non- voting members, if applicable;

    3. The length of time each member is expected to serve;

    4. The role of the committee as being advisory only;

    5. The resources the Board will provide to assist the committee in completing its task;

    6. The expectations regarding the committee's relationship with the Board, the Superintendent and school system personnel;

    7. The designation of the individual who will be responsible for providing information to the public concerning the committee and its work;

    8. The time and place of the first meeting;

    9. The timeline for progress reports to the Board and/or other activities;

    10. The date on which the Board expects to receive a final report or recommendations and dissolve the committee.


    All advisory committee meetings are open to the public except as may otherwise be provided by law. Committee reports and minutes of advisory committee meetings, if prepared, are public information subject to the Freedom of Access Law.

    Notice of advisory committee meetings shall be provided in a manner consistent with the Board's policy and practice concerning notification of Board meetings.

    The Board recognizes that any advisory committee mandated by state law or Department of Education regulations may require deviation from any or all of the provisions of this policy. Any such deviations shall be identified when the Board establishes such a committee and reflected in the Board's instructions to the committee.


    1 M.R.S.A. § 401 et seq.


    Cross Reference:    

    BEDB - Agenda 


    ADOPTED:    

    May 10, 2005

    Revised:      

    May 14, 2013

    November 8, 2022


    B . School Board Governance and Operations

    BE - SCHOOL BOARD MEETINGS

    All Board meetings will be announced publicly in accordance with this policy and applicable law. Except in the event of rare emergencies, such announcement will be made with ample time to allow public and media attendance and shall be disseminated in a manner reasonably calculated to notify the general public. It is the intention of the Board to maintain transparency in and accessibility to its meetings. Therefore, when practicable, allowable by law, and technology is available, Board meetings will be recorded and posted to the district website.

    Regular Meetings

    The Board will hold its regular business meetings once a month on the second Tuesday unless otherwise set by action of the Board.

    Special Meetings

    A special meeting of the Board is a meeting that is held to address important matters that arise between regular meetings and/or require Board action before the time set for the next regular meeting, or to consider a single subject in one session.

    A special meeting may be called at any time at the discretion of the Chair or at the request of the Superintendent. A special meeting shall be called at the written request of four members of the Board.

    The Superintendent shall be responsible for providing notice of a special meeting to Board members and the media at least 72 hours in advance of the meeting. The notice or agenda shall indicate the subject(s) of the meeting and action to be taken.

    No business other than that stated in the notice of the meeting shall be transacted.

    Emergency Meetings

    An emergency meeting of the Board is a meeting that is called because a matter is so urgent that it must be addressed immediately and the advance notice required for a special meeting cannot reasonably be provided.

    An emergency meeting may be called by the Chair or at the request of the Superintendent.

    The Superintendent shall notify the media of an emergency meeting by the same or faster means as used to notify Board members. Whenever practicable, 24-hour advance notice will be provided. The notice shall indicate the purpose of the meeting.

    No business may be transacted other than that related to the purpose for which the emergency meeting is called.

    Executive Sessions

    Executive sessions of the Board shall be called and conducted in accordance with state law. Only the matter(s) stated in the motion to enter executive session shall be considered. No final action may be taken in executive session.

    Workshops and Informational Meetings

    The Board, at its discretion, may schedule workshops and other meetings to discuss a particular subject or proposal or to gather input from staff, students, the community, or other groups.

    No formal action shall be taken by the Board at any meeting other than a regular meeting, special meeting, or emergency meeting.

    Cross Reference:

    ADOPTED:

    REVISED:

    Recoded:

    REVISED:

    B . School Board Governance and Operations

    BEA - SCHOOL BOARD USE OF ELECTRONIC MAIL

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

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

    Cross Reference:

    ADOPTED:

    Revised:

     

     

     

    B . School Board Governance and Operations

    BEC - EXECUTIVE SESSIONS

    All meetings of the School Board shall be open to the public, except as provided by law. The Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting. Deliberations may be conducted in executive session only on those matters defined by law or other authority. No final action shall be taken in executive session. Board members and other persons present are expected to respect the confidentiality of all matters discussed in executive session.

    A motion to go into executive session must indicate the nature of the business of the executive session and include a citation of one or more sources of statutory or other authority that permits an executive session. Failure to state all authorities justifying the executive session does not constitute a violation of the Freedom of Access Act if one or more of the authorities are accurately cited in the motion. An inaccurate citation of authority for an executive session does not violate the Freedom of Access Act if valid authority that permits the executive session exists and the failure to cite the valid authority was inadvertent.

    Cross Reference:

    Adopted

    Revised:

     

     

     

    B . School Board Governance and Operations

    BEC- E - EXECUTIVE SESSION LAW

    1. To Enter Executive Session, the Board Must:

      1. Start with a public meeting.

      2. Have a public recorded vote of 3/5 of members, present and voting.

      3. The motion shall state the precise nature of the business of the executive session. The nature of each matter must be stated if there is more than one.

    2. Restrictions During Executive Session:

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

      2. No official actions shall be finally approved.

      3. No public record shall be kept.

    3. Items Which May Be Discussed In Executive Session:

      1. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, discipline, promotion, demotion, or dismissal of an individual or group of public officials, appointees, or employees, or the investigation or hearing of charges or complaints against a person or persons, subject to the following conditions:

        1. An executive session may be held only if public discussion could be reasonably expected to cause damage to a person’s reputation or the person's right to privacy would be violated;

        2. Any person charged or investigated shall be permitted to be present at an executive session if that person desires;

        3. Any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against the person be conducted in open session. A request, if made, must be honored;

        4. Any person bringing charges, complaints, or allegations of misconduct against the person under discussion shall be permitted to be present.

      2. Discussion or consideration by the Board of suspension or expulsion of a public school student or a student at a private school, the cost of whose education is paid from public funds, provided that:

        1. The student and legal counsel and, if the student is a minor, the student's parents or legal guardians shall be permitted to be present at an executive session if the student, parents, or guardians so desire.

      3. Discussion or consideration of the condition, acquisition, or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development only if premature disclosures of the information would prejudice the competitive or bargaining position of the Board or school department;

      4. Discussion of labor contracts and proposals and meetings between the Board and its negotiators. The parties must be named before the Board may go into executive session. Negotiations between the representatives of a public employer and public employees may be open to the public if both parties agree to conduct negotiations in open sessions;

      5. Consultations between the Board and its attorney concerning the legal rights and duties of the Board or school department, pending or contemplated litigation, settlement offers, and matters where the duties of the Board's counsel to the client clearly conflict with the Freedom of Access Act or where premature general public knowledge would clearly place the Board or school department at a substantial disadvantage.

      6. Discussions of information contained in records made, maintained, or received by the Board or school department when access by the general public to those records is prohibited by statute.

    Cross Reference:

    BEC - Executive Sessions

    Recoded:

    Revised:

     

     

    B . School Board Governance and Operations

    BED - REMOTE PARTICIPATION IN SCHOOL BOARD MEETINGS

    The Cape Elizabeth School Board allows members of the Board to participate in a public meeting of the Board by remote methods in limited circumstances as provided in 1 MRSA §403-B.

    For the purpose of this policy, "remote methods" means telephonic or video technology allowing simultaneous reception of information and may also include other means necessary to provide reasonable accommodations to individuals with disabilities. Remote participation by board members cannot be by text-only means such as email, text messages, or chat functions.

    Members of the Board are expected to be physically present for board meetings except when being physically present is not practicable.

    Circumstances in which physical presence for public meetings is not practicable include:

    1. The existence of an emergency or other issue that requires the Board itself to meet by remote methods.

    An emergency may be a State-declared emergency, where there has been a declaration of a state of emergency by the Governor that applies to the school unit, or a local emergency (e.g., adverse weather conditions) or urgent issue requiring Board action.

    The Board Chair, in consultation with the Superintendent, will determine whether there is a local emergency or urgent issue that requires a remote meeting of the Board.

    1. Illness, or other physical condition, or temporary absence from the area governed by the Board that causes a Board member to face significant difficulties traveling to and attending in person at the designated physical location of the Board meeting.

    Prior notice of the Board member's absence and the reason for it, with the indication that the Board member plans to participate remotely, should be communicated to the Board Chair as far in advance of the meeting as practicable.

    The opportunity for the public to comment at Board meetings (20-A MRSA §1002(20)) applies to remote public meetings. If the Board allows or is required to provide an opportunity for public participation/public input during the meeting, an effective means of communication between the members of the Board and the public must be provided (e.g., submitting comments or questions by chat, raising hand on Zoom, submitting written comments to the Superintendent's office at least 24 hours in advance).  Individuals with disabilities seeking a reasonable accommodation should contact the Board Chair as far in advance of the Board meeting as practicable.

    Members of the public participating in public meetings of the board are expected to comply with the guidelines for public participation provided in the Board's policy BEDH, or in such rules as the Board may develop specifically for remote meetings. 

    Notice of all Board meetings is required (1 MRSA §406). When the public may attend by remote methods, notice must include the means by which members of the public may access the meeting using remote methods. The notice must also identify a location for members of the public to attend in person The Board may not determine that public attendance at a meeting will be limited solely to remote methods except under the conditions in subparagraph A above (emergency or urgent issue meetings).

    A member of the Board who participates remotely in a public meeting of the Board is considered present for purposes of a quorum and voting.

    All votes taken during a public meeting of the Board using remote methods must be taken by roll call vote that can be seen and heard if using video technology, and heard if using only audio technology, by the other members of the Board and the public.

    The Board will make all documents and other materials to be considered by the Board available, electronically or otherwise, to members of the public who attend remotely to the same extent customarily available to the members of the public who attend public meetings of the Board in person, as long as additional costs are not incurred by the Board.

    Remote participation is not permitted for meetings where voters of the School Administrative Unit meet to vote as a legislative body, such as budget meetings.

    Cross Reference:

    Adopted:

     

    B . School Board Governance and Operations

    BEDB - AGENDA

    Agenda Preparation and Dissemination

    The Superintendent, in consultation with the Chair, shall prepare an agenda for each meeting of the Board.  Board members, school district staff, groups or organizations, and members of the public may submit written requests to the Board through the Chair or the Superintendent for items to be placed on the agenda. To be considered for placement on the agenda, an item must be within the scope of the Board’s duties, timely, and appropriate for consideration under all applicable laws and Board policies.  The request must be received a minimum of seven days prior to the meeting at which the group or individual wishes the item to be addressed by the Board in order for it to be considered for the agenda of that meeting. The Chair and Superintendent shall make the final decision regarding placement of items on the agenda.

    The agenda of regular business meetings will be distributed to Board members five days prior to a regular meeting of the Board and, whenever possible, two days in advance of a special meeting.  Copies of the agenda will be posted. Anyone desiring additional information regarding an agenda item should direct inquiries to the Office of the Superintendent. Copies of the agenda will also be available at the Board meeting.

    Dissemination of Supporting Materials

    As an accompaniment to the agenda, the Superintendent will provide to the Board such background materials and data that in the Superintendent's judgment are necessary for the Board to give informed consideration to agenda items. The Superintendent will also provide to the Board the draft minutes of Board meetings that will be presented for approval. Documents containing information that is exempt from disclosure under the Freedom of Access Act or other laws shall be marked “confidential.”  Such information shall not be disclosed by Board members or the Superintendent or provided to the media or the public. Requests for disclosure of materials received by Board members should be referred to the Superintendent.

    Additions and Adjustments to the Agenda

    After the meeting has been called to order, the Superintendent or Board Chair may recommend additions and/or adjustments to the agenda of a regular meeting or, in an emergency, to the agenda of a special meeting.

    Any Board member who wishes to add an item to the agenda may offer a motion to that effect. All additions to the agenda must be approved by a majority vote of the members present and voting.  In general, items that can reasonably be deferred to the next regularly scheduled meeting will not be added to the agenda at a Board meeting.

    In order to facilitate its business or to accommodate groups in attendance, the Board may adjust the agenda by changing the order of business.  Such adjustments shall require the consent of the Board by majority vote.

    Cross Reference:

    Adopted:    

    Revised:     

     

     

    B . School Board Governance and Operations

    BEDBA - AGENDA FORMAT

    In order to provide reasonable notice of the business to be conducted and to achieve consistency in the order of its meetings, the Board has adopted the following agenda format for its regular and special meetings. Additions and/or adjustments to the agenda for a particular meeting may be made during that meeting in accordance with Board policy. The agenda format may be altered only by vote of the Board and in a manner consistent with its policy adoption process.

    [SCHOOL BOARD NAME]
    [TYPE OF MEETING]
    [DATE]
    [TIME]
    [PLACE]

    Call to Order/Pledge of Allegiance

    1. Adjustments to Agenda
    2. Approval of Minutes
    3. Comments by Student Representatives
    4. Comments by the Public on Agenda Items
    5. Presentations
    6. Administrative Reports
    7. New Business
    8. Committee Reports
    9. Request for Future School Board Meeting Items
    10. Upcoming Meetings
    11. Consideration to Adjourn

    The order of business may be altered or items added or deleted from the agenda by a majority vote of the Board members present and voting. The Board may choose to limit public participation to items on the agenda.

    Cross Reference:

    ADOPTED:

    REVISED:

    B . School Board Governance and Operations

    BEDD - RULES OF ORDER

    Except as otherwise provided by law, by Maine Department of Education regulations, or by Board policy, Robert’s Rules of Order, Revised (latest edition available) shall be used to resolve procedural uncertainties.

    The Chair will rule on all questions pertaining to rules of order/parliamentary procedure that may arise during a meeting of the Board.

    Procedural rules may be suspended at any time for the duration of any one meeting by a majority vote of the Board members present.

    ADOPTED:   

     

     

    B . School Board Governance and Operations

    BEDF - VOTING METHOD AND QUORUM

    Voting shall ordinarily be by show of hands. Voting shall be done by roll call at the direction of the Chair, or at the request of any Board member. When voting by roll call, the names of the members shall be called alphabetically, and each member shall respond “yes” or “no” or “abstain.” All votes shall be recorded in the minutes.

    A motion shall be declared “carried” upon the affirmative vote of a majority of the members present, unless otherwise required by law or Board policy.

    A quorum exists whenever a majority of the Board members are present at a duly called meeting. No votes shall be taken unless a quorum exists.

    ADOPTED:

     

     

     

    B . School Board Governance and Operations

    BEDG - MINUTES

    The Superintendent, functioning as Board Secretary, shall keep, or cause to be kept, complete records of all regular and special meetings of the board. These minutes shall include:

    1. A record of all actions taken by the Board, with the vote of each member recorded except in cases of unanimous votes;
    2. Resolutions and motions in full. Reports and documents referred to in formal motion need not be attached to the minutes provided that reference is made to where such materials are located;
    3. A record of the disposition of all matters which the Board considered but did not take action; and
    4. The names of the members present and those absent.

    Copies of the minutes shall be sent to all Board members. The town manager, building principals, president of the Cape Elizabeth Education Association, student representatives, and the news media shall receive copies of minutes of regular and special meetings of the Board.

    The minutes shall become permanent records of the Board, and shall be in the custody of the Superintendent who shall make them available to interested citizens upon request.

    ADOPTED:

    Reviewed:

    Recoded:

    Revised:

     

     

     

    B . School Board Governance and Operations

    BEDH - PUBLIC PARTICIPATION AT BOARD MEETINGS


    PUBLIC PARTICIPATION AT BOARD MEETINGS

    Regular, special and emergency meetings of the Board are open to the public. The Board wishes  to provide opportunities for citizens to express their interests, concerns and suggestions related to matters under consideration by the Board. The public is encouraged to attend and participate in these meetings as set forth in this policy so that they may become acquainted with the operations and programs of the schools. The Board also recognizes the value of public comments on school and educational matters. The Board has established procedures to permit fair and orderly expression of public comments at Board meetings while allowing the Board to conduct its business efficiently,

    In order that the Board may fairly and adequately discharge its overall responsibilities, citizens or groups wishing to address the Board on a topic not otherwise on the agenda must submit a request in writing to the Superintendent at least one full week in advance of the scheduled meeting. The Superintendent and/or Board Chair may add the item to the agenda at their discretion.

    As the elected representative body of the school department, the primary purpose of  School Board meetings is to carry out the official business of the Board related to Board policies, programs and operations. These meetings are not public forums, but are meetings at which the Board does its business in public. An agenda is prepared and published in advance of each meeting in accordance with Board policy. Anyone desiring additional information about any item on the agenda should direct inquiries to the Superintendent's Office.

    Generally, opportunities for the public to speak on agenda items will take place at the beginning of the Board meeting, prior to the Board's votes on those items. Public comment is not intended to be a time of discussion between the public and Board members. The Board Chairperson has the prerogative to limit the time allotted for comments on a particular topic as well as the time each individual may speak.

    The Board Chairperson is responsible for ensuring the orderly conduct of Board meetings. The following ground rules shall guide public participation at Board meetings:

    1. Citizens, employees, students and others are welcome to participate as provided in this policy.

    2. Orderly conduct of a meeting does not permit spontaneous discussion from the audience. Speakers are to identify themselves by name and address before they begin speaking and to direct their comments and questions to the Board Chairperson. If Board members require clarification about a comment during public session, they are to direct their comments through the Board Chairperson.

    3. The Board will include a public comment period, not to exceed 20 minutes, on the agenda of its regular business meetings. Comments by individuals are limited to a maximum of three (3) minutes at a meeting. Individuals may not relinquish a portion of their allotted time to another speaker. The time limits in this paragraph may be modified at a particular meeting at the discretion of the Board, including extending the time period for public comment. 

    4. The Board will hear public comments from residents of the Town of Cape Elizabeth first. If there is time remaining in the public comment period once all residents have had the opportunity to speak, the Board will permit comments from non-residents. Each individual will be required to state their name and town/city of residence before beginning their remarks as well as to review a copy of this policy. 

    5. In order to make the most efficient use of meeting time, groups or organizations are asked to designate spokespersons to present their comments. Speakers are also requested to avoid duplication or repetition of remarks made by others. 

    6. Gossip, defamatory comments, and abusive, vulgar, or threatening language are not permitted. 

    7. Complaints concerning individual students or employees will not be aired in public at Board meetings. Any concerns about personnel matters and/or student matters should be directed to the Superintendent or another appropriate administrator outside of Board meetings so that they can be addressed through an appropriate process and in a manner consistent with privacy, confidentiality, and due process rights of the individuals involved. 

    8. Employees and employee groups may not discuss matters at Board meetings for which other, more appropriate forums are provided by law or contract.

    9. The Board Chair will stop any public comment that is contrary to this policy.

    10. The Chair has the authority to stop any speaker who violates these guidelines or the privacy rights of others. The Chair also has the authority to call a recess of the Board and/or to adjourn the meeting. 

    11. Persons who disrupt the Board meeting may be asked to leave in order for the Board to conduct its business in an orderly manner. The Board Chair may request the assistance of law enforcement as necessary to address disruptions and/or safety concerns, and to restore order. 

    The Board Chairperson and the Superintendent will develop procedures for remote public participation when remote participation is offered.



     

    Cross Reference:

    ADOPTED:

    Revised:

    B . School Board Governance and Operations

    BG - SCHOOL BOARD POLICIES

    The development, adoption and review of policies that govern the school district is one of the School Board’s most important functions. Board policies establish the goals, direction and structure of the school unit under the authority of state law. In addition to policies required by state and federal laws and regulations, the Board adopts policies to provide direction to the Superintendent and other administrators in the management of the school unit, to guide the education program, and to provide clear expectations for school staff, students and parents.

    Board policies are intended to provide the framework for school district operations and the educational system. In general, the operational details as to how policies will be implemented are contained in administrative procedures developed by the administration. However, the Board will adopt administrative procedures concerning its own operations and when the Board decides that an issue is of sufficient legal, educational and community importance to warrant a Board-level procedure.

    The Cape Elizabeth School Board considers policy development its most important governance function.

    It is the intent of the Board to develop written policies that will serve as the foundation for the successful and efficient operation of Cape Elizabeth School Board and its schools.

    The Board accepts the definition of policy set forth by the National School Boards Association:

    School Board policies are statements that set forth the purposes and prescribe in general terms the organization and program of a school system. They create a framework within which the Superintendent and the staff can discharge their assigned duties with positive direction. They tell what is wanted. They may also indicate why and how much. Policies should define clearly the goals and objectives of the school system, allow for the flexibility that is vital in day-to-day operations, reflect the Board's vision, define roles and responsibilities (who is supposed to do what), and include measurable outcomes.

    The Board's policies are framed and meant to be interpreted in terms of federal laws and regulations, state statutes and the rules of the Maine Department of Education, State Board of Education, and other regulatory agencies at various levels of government. The Board's policies are also intended to reflect the Board's educational philosophy and instructional objectives and practices and procedures that are supported by research and generally accepted by leaders and authorities in the field of public education.

    It is the Board's intent that its policies set goals and provide direction and guidance for administrators, staff, and students and serve as sources of information for parents, community members, and others who are interested in or connected with the schools.

    The Board regards policy development and review as an ongoing process. The need for a new policy or revision or deletion of an existing policy may arise from a change in law and/or regulations, modification of the school unit's vision or goals, educational research or trends, the occurrence of a significant incident or a recommendation or request from Board  members, school administrators, staff, parents, students, or other interested persons.

    Adoption of new or revised policies and repeal of existing policies is solely the responsibility of the Board. Policies will be adopted, amended, or repealed only by the affirmative vote of a majority of members present and voting.

    Policies shall become effective upon Board adoption or at a future date designated by the Board at the time of adoption.

    The Superintendent/designee will be responsible for distributing new or revised policies to Board members and for making policies accessible to school personnel, students, and the public.

    20-A M.R.S.A. § 1001 (A)

    Cross Reference:

    ADOPTED:

    Revised:

     

     

     

    B . School Board Governance and Operations

    BG-R - POLICY ADOPTION AND AMENDMENT PROCEDURES

    The procedure for proposing the adoption, review, revision or deletion of a school board policy shall be:

    1. The Policy Committee is responsible for recommending policy actions to the Board for its consideration, including adopting new policies, revising existing policies, and deleting obsolete policies.
      1. Individual Board members, Board standing or advisory committees, the Superintendent or other interested persons may submit policy suggestions and concerns to the Board Chair, who will forward them to the Policy Committee.
      2. The Policy Committee, with the assistance of the Superintendent/designee, will review and research policy suggestions and prepare draft policies, as appropriate.
      3. The Superintendent/designee shall notify the Cape Elizabeth Education Association (CEAA) of any new, proposed or revised educational policy, and the Superintendent/designee and Policy Committee shall meet and consult with the association upon request.
      4. As appropriate to the particular topic, the Policy Committee may also seek input from other affected persons and/or groups.
    2. Recommended new and revised policies and recommendations for policy deletions shall be placed on the agenda of a regular Board meeting for a first reading. Board members shall receive the policy and the Policy Committee's recommendations in advance of the meeting date.
    3. Any changes agreed upon by the Board during the first reading shall be made by the Policy Committee prior to the second reading.
    4. At a subsequent business meeting of the Board within two business meetings (or a later meeting if so agreed by the Board), the policy shall be placed on the agenda for a second reading and action. Amendments may be made and acted upon. If the policy is not approved by majority vote, the process for that policy is ended unless the Board agrees to table consideration of the policy to a specific date.
    5. Approved policies become effective immediately unless the motion to approve the policy includes a specific implementation date.
    6. Notice of new and revised policies will be provided to affected groups (i.e., school staff, students, parents) through a means determined by the Superintendent.
    7. The Superintendent shall retain copies of all policies deleted from the Board policy manual for future reference.
    8. An up-to-date policy manual shall be maintained in the Superintendent's Office and on the school district's website.

    Cross Reference:

    ADOPTED:

    REVISED:

     

     

    B . School Board Governance and Operations

    BHC - BOARD RELATIONSHIPS AND COMMUNICATIONS WITH STAFF

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

    RELATIONSHIPS

    Board and Superintendent

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

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

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

    Board and Principal

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

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

    Board and Teachers and other School Employees

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

    Assistant Principal to the Superintendent, and then to the Board. 

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

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

    BOARD COMMUNICATIONS WITH STAFF

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

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

    Communications with staff are the responsibility of the Board as a whole. Individual board members should refrain from initiating communications or conversations with staff members on their own. 


    Cross Reference:


    Adopted:

    B . School Board Governance and Operations

    BIA - NEW BOARD MEMBER ORIENTATION

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

    1. In the interim between a new member’s election or appointment and the member assuming office, the Board, through the Superintendent, will invite newly elected members to attend meetings, except those held in executive session, and provide newly elected members with agenda, minutes and reports applicable to those meetings. During the time between election or appointment and the assumption of office, the status of the future-member remains that of a private citizen and not that of an elected or appointed official.
    2. The Board, through the Superintendent, will provide new members with copies of appropriate publications, such as the Board policy manual, student handbook(s), collective bargaining agreements, and current budget documents.
    3. The Board Chair or Superintendent will remind Board members of their obligation to complete, not later than the 120th day after the date of taking the oath of office, training on the requirements of Maine’s Freedom of Access Law. The Chair or Superintendent will provide Board members with information regarding available training options. Each Board member shall attest by means of a written or electronic record to having completed the training and provide a copy of such record to the Superintendent’s Office. To facilitate documentation of training, the Superintendent will make available to Board members copies of the State’s sample Certification of Completion of Freedom of Access Training form.
    4. The Board will encourage new members to attend appropriate in-district and out-of-district orientation and/or boardsmanship workshops. Reimbursement for such activities must be approved in advance by the Board Chair, in consultation with the Superintendent, and is subject to the availability of funds.
    5. The Chair and Superintendent will schedule and arrange for an orientation session for new Board members as soon as practicable after election or appointment. A reasonable amount of time will be provided for discussion of the following possible topics:
      1. The roles and responsibilities of the Board and individual members;
      2. Basic operational procedures of the Board;
      3. Placement of items on the agenda;
      4. The role of committees, subcommittees and advisory committees;
      5. How and why executive sessions may be held;
      6. What is considered confidential or privileged information;
      7. Appropriate responses of an individual member when a request or complaint is made directly to this member by a student, parent or member of the community;
      8. How the Board responds to complaints involving personnel;
      9. General information about the school system and its resources;
      10. How Board members, in fulfilling their duties, may request information concerning schools and District operations, finances and personnel;
      11. How Board members may make arrangements to visit schools and the protocol for such visits;
      12. Protocol for interacting with the media; and
      13. Other relevant topics.

    All Board members will be invited to the orientation session and encouraged to attend. The orientation is intended to serve as a useful review of basic boardsmanship concepts for experienced members, as well as an opportunity to provide information and counsel to new Board members.

    1 M.R.S.A. § 412

    ADOPTED:

    January 14, 1992

    Recoded:

    June 1998

    Revised:

     

     

     

    B . School Board Governance and Operations

    BIB - BOARD MEMBER DEVELOPMENT

    Recognizing the value of continuous and life-long learning, the School Board places a high priority on the development of its members’ “boardsmanship” skills and on supporting opportunities for in-service education. The purpose of board development is to enhance the quality of education in the school unit and the effectiveness of school unit governance.

    Board members need to be well informed and to expand their knowledge of trends and issues affecting education and school governance. In addition, Board members need to develop and reinforce the skills required for effective policy-making, budget planning and communications.

    Board members are encouraged to participate in district-sponsored training sessions and/or workshops and in school board or related conferences, seminars, workshops and conventions sponsored by the Maine School Boards Association, the Maine School Management Association, the National School Boards Association and other recognized leaders in education. Board members are also encouraged to be active in leadership opportunities that may be available within regional, state and national associations.

    Adequate funds shall be budgeted annually to support Board member development, including participation at meetings, subscriptions to publications that address the concerns of Board members and memberships in school boards associations.

    Upon Board approval and within budgetary limitations, reimbursement for travel and necessary expenses will be provided to individual members for activities related to Board development. The Board, on a case-by-case basis, will determine the number of Board members authorized to attend specific meetings, conferences, conventions or other events at the school unit’s expense, as warranted by budgetary limitations. Board members may use their own discretion regarding attendance at meetings, conferences, conventions or other events where reimbursement will not be provided by the school unit.

    At a Board meeting subsequent to attendance at an educational event, members are encouraged to report briefly to the Board and to the public to share knowledge gained and thoughts on implications for local school governance. Board members are also encouraged to study and share with the Board and Superintendent materials of interest they have collected.

    ADOPTED:

    April 9, 2013

    C. General School Administration

    C. General School Administration

    CB - SCHOOL SUPERINTENDENT

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

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

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

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

    20-A MRSA §§ 1001, 1053

    Cross Reference:

    Adopted:

    Revised:

    C. General School Administration

    CBI - EVALUATION OF THE SUPERINTENDENT

    The Board's primary purposes in evaluating the Superintendent are to provide strong leadership and management for the school unit; to strengthen the working relationship and communication between the Board and Superintendent; and to assist the Board in judging the effectiveness of the Superintendent's performance.

    Guidelines

    1. The Board will evaluate the Superintendent on a schedule determined by the Board. Evaluation should be at a regularly scheduled time and place.

    2. The evaluation criteria and schedule will be made available to the Superintendent in advance of the evaluation process. The Superintendent shall also conduct a self-evaluation in advance of the formal evaluation by the Board.

    3. Board members will be asked to submit individual written evaluations to the Board Chair.

    4. The Board Chair will draft an evaluation that will include a summary of all individual evaluations submitted.

      NOTE: At its discretion, the Board may meet in executive session to review the evaluation form prior to meeting with the Superintendent.

    5. The Board will meet with the Superintendent in one executive session to review the evaluation, including relevant issues that may not be specifically included on the evaluation form. The Superintendent will be provided with a copy of the written evaluation.

      The Superintendent will be given the opportunity to provide feedback to the Board regarding the Superintendent’s evaluation, job responsibilities, and working relationship with the Board.

      Specific matters related to the terms of the Superintendent's contract may be discussed at this meeting or a subsequent meeting.

    6. The Board will use the Superintendent's evaluation and the Board's priorities/goals to establish performance goals for the Superintendent. The next evaluation will include the Board's assessment of the Superintendent's progress toward these performance goals.

    Adopted:

    Recoded:

    Revised:

    C. General School Administration

    CHD - ADMINISTRATION IN POLICY ABSENCE

    The Superintendent is authorized to act in the best interest of the District in the absence of School Board policy or guidance. It shall be the duty of the Superintendent to inform the Board promptly of such action and of the possible need for policy or administrative procedure.

    ADOPTED:

    Recoded:

    REVISED:

    Reviewed:

    D. Fiscal Management

    D. Fiscal Management

    DB - Annual Budget

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

    The annual budget will be for a 12-month period covering the fiscal year July 1 through June 30. The annual budget should consider the long-range needs of the district.

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

    The three general areas of responsibility of the budget officer are budget preparation, budget presentation, and budget administration.

    Reviewed/Accepted:

    Recoded:

    Reviewed:

    Revised:

    Reviewed:

    D. Fiscal Management

    DB-R - BUDGET DEVELOPMENT PROCEDURES

    FALL

    November
    December (third week)
    December - January

    WINTER

    January
    January
    January-February
    February

    SPRING

    March
    April
    June

     

    ADOPTED:

     

     

    D. Fiscal Management

    DF - Fundraising

    It is the intent of the Cape Elizabeth School Board to provide for the basic educational, co-curricular and athletic needs of the students and programs through the normal budgetary process. However, the Board recognizes that certain types of fundraising activities will enhance the relationship between school and community and will contribute to the overall improvement of the school program. Fundraising is the selling of a product, providing a service or activity, or requesting donations. School fundraising directly funds school programs and students.

    In order that fundraising not interfere with the academic program and place undue demands on the Cape Elizabeth community, it is the desire of the School Board that fundraising activities be selective, coordinated and purposeful.

    Also, the Cape Elizabeth School Board strongly encourages administrators to coordinate meetings of booster organizations to discuss equity and recognition issues related to fundraising efforts as needed.

    All schools, school-based organizations and parent/community groups raising monies to benefit the Cape Elizabeth School Department must comply with the established fundraising administrative procedures.

    Cross Reference:

    ADOPTED:

    Revised:

    D. Fiscal Management

    DF-R- FUNDRAISING ADMINISTRATIVE PROCEDURE

    The Cape Elizabeth School Board recognizes that most fundraising affiliated with the school unit falls within the categories of Student/School-Based Fundraising or School-Affiliated Fundraising.

    Guidelines for All Fundraising Efforts

    1. Fundraising activities must not interfere with the student's obligations to the academic program.
    2. All fundraising activities, aside from regular school events such as concerts and athletic events, must have prior approval of the building administrator. If approval is denied, an appeal may be made to the Superintendent.
    3. The fundraising activities of school-based and school-affiliated organization groups shall be limited and coordinated so as not to be burdensome to the community. Any individual fundraising project that has a targeted amount over $20,000 must have the prior approval of the School Board. This $20,000 amount allows the Cape Elizabeth School Board to evaluate the level of financial commitment being asked of Cape Elizabeth citizens, including (but not limited to) parent groups, booster and community members. In cases of conflict between fundraising activities, in-season activities shall be given preferences.
    4. Projects resulting in alterations or additions to the physical plant/grounds must have the prior written approval of the Superintendent. (Examples include renovations, furnishings, playground/classroom equipment, signs, scoreboards, field restorations, etc.)
    5. Revenue and expenditure reports shall be submitted to the Principal, and all fundraising activity will be subject to the School Department accounting and auditing procedures.
    6. At no time shall a student be required to participate in fundraising activities.
    7. All checks should be made payable to the group or school department responsible for the fundraising effort, not to an individual.

    Student/School-Based Fundraising

    Student/school-based fundraising refers to activities involving the participation of students. Such activities include school-wide fundraising projects and individual school-based club/organization projects.

    1. Students shall not miss instructional time to participate in fundraising promotions/activities without permission of the building principal.
    2. Activities undertaken by students must be approved in advance by the building principal and athletic director, as appropriate.
    3. Fundraising activities should involve offering a service or product for the contribution received.
    4. Student participants in fundraising activities must be supervised by an adult and are expected to abide by the school's behavior code of conduct.
    5. School organizations shall not be used to raise funds for non-school groups except for charitable purposes.
    6. Revenue and expenditure reports shall be submitted to the Principal, and all fundraising activity will be subject to the School Department accounting and auditing procedures.

    School-Affiliated Fundraising

    School-affiliated fundraising refers to parent/community groups certified as affiliated with the Cape Elizabeth School Department for the purpose of raising monies to benefit students. Examples include parent-teacher organizations/associations, Project Graduation, and School Board appointed and approved groups.

    1. School-affiliated groups must have prior approval from the building principal for all fundraising activities.
    2. Use of school facilities by school-affiliated groups shall be determined by the School Facility Use Policy.
    3. Revenue and expenditure reports shall be submitted to the building principal or athletic administrator as appropriate, and all fundraising activity will be subject to the School Department accounting and auditing procedures.

    Cross Reference:

    ADOPTED:

    Revised:

    D. Fiscal Management

    DJE - BIDDING/PURCHASING REQUIREMENTS

    The School Board expects all purchases made by the school department to be consistent with applicable laws and sound business practices. The Superintendent shall be responsible for developing and implementing administrative procedures for bidding and purchasing consistent with this policy. ·

    This policy is intended solely as an internal guide to purchasing by the school department. It does not afford any vendor any property or contractual rights against the school department. No vendor shall have any enforceable rights against the school department based upon this policy or alleged violations of this policy. No vendor shall have any rights against the school department until such time as a written contract between the vendor and the school department is executed by the vendor and an authorized representative of the school department.

    1. Bidding Required by Law

      Maine law requires the Board to competitively bid property and casualty insurance; school bus and transportation contracts in excess of $4,000; certain school building construction, alterations and repairs over $100,000; bond anticipation notes for state-subsidized school construction projects; and lease purchase financing of buildings whose lease purchase costs qualify for state subsidy.

    2. Competitive Bidding of Other Purchases

      Where bidding is not required by law, it shall be the policy of the school department to competitively bid purchases of equipment, supplies, materials or services over $20,000 provided that it is practical and cost-effective to specify the materials or services with sufficient particularity to allow meaningful comparison of bids.

      If competitive bidding is not utilized, the Superintendent may seek Requests for Proposals (RFP) for purchases over $10,000. Proposals may be negotiated in the best interest of the school department. An RFP identifies the need the school department intends to meet, but permits the vendor to propose the manner in which the work is to be performed and the materials to be used.

      The Superintendent may forego the competitive bid or RFP process only when the Superintendent determines that quality, expertise, time factors, or other important considerations outweigh the possible benefits of bidding or requesting proposals.

      In each such case, the Board shall be informed of the Superintendent's decision and the reasons for it in advance of entering into a contract.

    3. Procedures for Bidding and Requesting Proposals

      The method of notification that the school department uses to solicit bids and proposals shall be reasonably designed to attract qualified vendors. Depending upon the circumstances, such notification may include public advertising; mailing of notices to potential vendors; and/or telephone calls to potential vendors (in the case of RFPs).

    Bid Procedures

    1. The notification shall specify the deadline for submitting bids and the time and place of bid opening. Bid alternates shall be permitted at the discretion of the Superintendent. The notice shall reserve the right of the school department to reject any or all bids, and to waive technical or immaterial nonconformities in bids if in the best interest of the school department, and to exercise judgment in evaluating bids.

    2. Written bids. Bids shall be in writing, sealed with outside envelope or wrapper plainly marked "Bid, not to be opened until (insert appropriate date)," and mailed or filed with the Superintendent of the department.

    3. Time of opening. A School Board member or employee of the school department may not open a bid until the appointed time.

    4. Public opening. At the time and place stated in the public notice, and open to the public, all bids shall be opened by the Superintendent or, in the Superintendent's absence or disability, by any School Board member designated for the purpose by the Chair of the School Board.

    5. Reading. If any citizens who are not School Board members or employees of the school department or any representatives of the press are present, bids shall, at that time, either be made available for examination by them or shall be read aloud in a manner to be heard plainly by those in attendance.

    6. In general, the School Board will award contracts to the lowest bidder that the Superintendent and School Board deem can satisfactorily fulfill the contract.

    RFP Procedures

    1. Proposals should be submitted in the manner specified in the RFP, which shall be appropriate for the goods or services being purchased. If requests for RFPs are made by telephone, at least three vendors shall be contacted.

    2. Proposals are to be evaluated based on criteria appropriate for the project in question, and the contract will be awarded to the vendor whom the Superintendent and School Board deem best able to meet the requirements of the school department.

    Procurement Methods for Federally Funded Projects

    1. The Superintendent or their designee shall be responsible for developing, updating as necessary, and implementing a written administrative procedures manual (hereafter, the "Federal Procurement Manual") to govern the procurement and purchase of property, goods, and services using any federal award1 that is subject to the Uniform Grant Guidance, codified at 2 CFR Part 200 ("UGG Federal Award"). The Federal Procurement Manual shall be consistent with all applicable federal laws and rules.
    2. Notwithstanding any policy provision to the contrary, the procurement and purchase of property, goods, and services using a UGG Federal Award, in whole or in part, must comply with the Federal Procurement Manual. Wherever this policy or any of the school unit's administrative procedures are inconsistent with federal laws or rules, the provisions of the federal laws or rules shall control.

    ADOPTED:

    REVISED & RE-CODED:

    REVISED:

    D. Fiscal Management

    DJF - TEMPLATE FOR SCHOOL NUTRITION PROGRAMS PROCUREMENT PROCEDURES AND CODE OF CONDUCT

    1. General Procurement
      1. All procurement transactions will comply with Federal, State and Local procurement regulations.
      2. The procurement procedures outlined in this plan are designed to maximize full and open competition, transparency in transactions, comparability, and documentation of all procurement activities.
      3. The CESD will avoid purchasing unnecessary or duplicative items.
      4. The procurement of food will compliant with the Buy American Provision as outlined in 7 CFR 210.21.
      5. For purchases up to $20,000, CESD will use informal procurement procedures as outlined below.
      6. For purchases over $20,000, CESD will use formal procurement procedures as required by 2 CFR 200.318-200.326.
      7. The CESD will take steps to assure that small, minority and women's businesses and labor surplus firms are used when possible.
    2. Informal Procurement
      1. Micro-purchase Procedures - When purchasing an item or items with an aggregate total of $10,000 or less, the CESD will follow micro-purchase procedures. To the extent practicable, the CESD will distribute micro-purchases equitably among qualified suppliers. Micro-purchases may be awarded if the price is considered reasonable as required by 2 CFR 200.67.
      2. Small Purchases Procedures - If the amount of purchases for items is less than $20,000, the following small purchase procedures can be used:
        • Quotes will be requested from an adequate number of qualified sources.
        • Written specifications will be prepared and shared with potential vendors.
        • Potential vendors will be given an opportunity to provide a price quote on the same specifications.
        • The price Quotes will be kept confidential before award.
        • Quotes will be awarded to the most responsive and responsible vendors with price being the primary consideration.
        • The CESD will be responsible for documentation of records to show selection of vendor, and written specifications. If the CESD awards to a vendor that is no the lowest price quote which met the specifications, a written explanation must be documented as to why.
        • Bids will be awarded to a responsive and responsible bidder with the lowest price.
        • The CESD will sign all quote tabulations, signifying a review and approval of the selections. Documentation will be retained for three years.
    3. Formal Procurement

    When a formal procurement method is required, CESD must solicit through an Invitation for Bid (IFB) or a Request for Proposal (RFP)

      1. A solicitation of an IFB or an RFP will be placed in a public news publication in order to publicize the intent to purchase needed items. The solicitation will include:
        • general description of goods/services to be purchased;
        • contact information where potential vendors can get more information/bid packet;
        • date of pre-bid meeting (if applicable) and if attendance is a requirement for bid award;
        • deadline for submission of sealed bids or proposals; 
        • time and location of bid opening.
      2. Vendors will be given an opportunity to bid on the same specifications.
      3. The developer of written specifications or descriptions for procurements is prohibited from submitting bids or proposals for such products or services.
      4. The IFB or RFP will clearly define the purchase conditions. The following list includes requirements, not exclusive, to be addressed in the procurement document:
        •  Contract period;
        • For IFB only, the date, time, and location of the public opening;
        • How vendor is to be informed of bid acceptance or rejection;
        • Delivery schedule;
        • Requirements (terms and conditions) that bidder must fulfill in order for bid to be evaluated;
        • Benefits to which the SFA will be entitled if the contractor cannot or will not perform as required;
        • Statement assuring positive efforts will be made to involve minority and small business;
        • Statement regarding the return of purchase incentives, discounts, rebates, and credits to the SFA's nonprofit school food service account;
        • Contract provisions are required in Appendix II to 2 CFR 200;
        • Contract provisions as required in 7 CFR 210.21(f) for all cost reimbursable contracts;
        • Contract provisions as required in 7 CFR 210.16(a)(1-10) and 7 CFR 250.53 for food service management company contracts;
        • For fixed-price contracts, a price adjustment clause (tied to a standard index, i.e., consumer price index, or other as stated in terms and conditions for pricing and price adjustments);
        • Method of evaluation and type of contract to be awarded (solicitations using an IFB are awarded to the lowest responsive and responsible bidder; solicitations using an RFP are awarded to the most advantageous bidder/offeror with price as the primary factor among factors considered);
        • Method of award announcement and effective date;
        • Method of shipment or delivery upon contract award;
        • Provision requiring  contractor to maintain all required records for three years after final payment and all other pending matters ( audits) are closed  for all negotiated contracts;
        • Description of process for enabling vendors to receive or pick up orders upon contract award;
        • Signed Debarment/Suspension Certificate;
        • "Buy American" as outlined in 7 CFR Part 210.21(d) and Sp 24-2016; and 
        • Specifications and estimated quantities of products and services prepared by CESD and provided to potential contractors desiring to submit bids/proposals for the products or services requested.
      5. The following criteria will be used in awarding contracts as a result of bids/proposals. Price must be the highest weighted criteria. Examples of other possible criteria include quality, service, delivery, and availability.
        • Price
      6. In awarding an RFP, a set award criteria in the form of a weighted evaluation sheet will be provided to each bidder in the initial bid document materials. Price alone is not the sole basis for award but remains the primary consideration among all factors when awarding a contract. Following evaluation and negotiations, a firm fixed price or cost reimbursable contract is awarded.
        • The contracts will be awarded to the responsible bidder/proposer whose bid or proposal is responsive to the invitation and is most advantageous to the CESd, price as the primary and other factors considered. Any and all bids or proposals may be rejected in accordance with the law.
        • A representative of CESD is required to sign on the bid tabulation of competitive sealed bids or the evaluation criterion score sheet of competitive proposals signifying a review and approval of the selections.
        • Substitutions - if an item is not available, the CESD will select the acceptable alternate. The contractor must obtain, in advance, written approval for the product. The vendor must comply with the Buy American Provision.
        • Full documentation regarding the reason an accepted item was unavailable, and the procedure used in determining acceptable alternates, will be available for audit and review.
        • The CESD is responsible for maintaining all procurement documentation.
    2. Additional SFA Responsibilities:

    The CESD shall agree to retain all books, records, and other documents relative to the award of the contract for three(3) years after final payment. If there are audit findings that have not been resolved, the records shall be retained beyond the 3-year period as long as required for the resolution of the issues raised by the audit. Specifically, the CESD shall maintain, at a minimum, the following documents:

    1. Code of Conduct

    No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal, State, or local award if he/she/they have a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of their immediate family, their partner or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    The officers, employees, and agents of the CESD may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, the CESD may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.

    The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the CESD. Based on the severity of the infraction, the penalties could include a written reprimand to their personnel file, a suspension with or without pay, or termination.

    In accordance with Federal civil rights law and US Department of Agriculture (USDA) civil rights regulations and policies, the USDA, it Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

    Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc), should contact the Agency (State or Local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800)877-8339. Additionally, program information may be made available in languages other than English.

    To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust_html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866)632-9992. Submit your completed form or letter to USDA by:

      1. Mail: US Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Ave, SW Washington DC 20250-9410;
      2. fax; (202) 690-7442; or
      3. email: program.intake@usda.gov

    This institution is an equal opportunity provider.

    The Maine Human Rights Act prohibits discrimination because of race, color, sex, sexual orientation, age, physical or mental disability, genetic information, religion, ancestry or national origin.

    Complaints of discrimination must be filed at the office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051. If you wish to file a discrimination complaint electronically, visit the Human Rights Commission website at http://www.maine.gov/mhrc/file/instructions and complete an intake questionnaire. Maine is an equal opportunity provider and employer. 

     

    Approved: 

    D. Fiscal Management

    DJH - PURCHASING AND CONTRACTING: PROCUREMENT STAFF CODE OF CONDUCT

    Conflict of Interest

    All employees of the school unit shall perform their duties in a manner free from conflicts of interest to ensure that the school unit's business transactions are made in compliance with applicable laws and regulations and in a manner that maintains public confidence in the schools.

    No employee, officer, or agent of the school unit may participate in the selection, award, or administration of a contract supported by a federal award if they have a real or apparent conflict of interest.

    A conflict of interest would arise when the employee, officer, or agent—or any member of their immediate family, their partner, or an organization which employs or is about to employ any of the parties indicated herein—has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

    For the purpose of this policy, "immediate family" is defined as spouse, sibling, parent, or child.

    Conflict of Interest Disclosure

    All employees, officers, or agents with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the Superintendent who will investigate the circumstances of the proposed transaction. The Superintendent will exercise due diligence in investigating the circumstances of the transaction and, if necessary, will make reasonable efforts to find alternatives to the proposed transaction or arrangement that would not give rise to a conflict of interest. If the Superintendent determines that the proposed transaction is in the best interest of the school unit and is fair and reasonable, the Superintendent may proceed with the transaction. In the event that the Superintendent may have a conflict of interest, an ad hoc subcommittee of the School Board will investigate and make a determination regarding the transaction.

    Gifts and Solicitations

    The employees, officers, and agents of the school unit may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

    Employees, officers, and agents of the school unit may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program.

    Violations

    Employees of the school unit who violate this code of conduct may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement.

    Cross Reference:

    Adopted:

    D. Fiscal Management

    DN - SCHOOL PROPERTY DISPOSITION

    The Superintendent is authorized to determine, through procedures they develop, whether personal property such as supplies, books, materials, and equipment is obsolete or no longer of use to the school unit and to declare it surplus personal property.

    Procedures for disposal of surplus shall be in accordance with the following:

    1. The Board is to be informed of any property valued over $2,000.00, which is declared surplus by the Superintendent, prior to its disposal.
    2. Municipal officers shall be notified of the planned disposal of property valued over $5,000.00.
    3. Surplus property which is offered for sale shall be disposed of by sealed bids or proposals, public auction, public sale, or by other such means as the Board may direct. Notice of any sale of surplus property shall be given in a manner reasonably calculated to notify potentially interested parties of such sale.
    4. Any surplus property which is offered for sale and is not sold may be disposed of in a manner deemed advisable by the Superintendent, including donation to non profit agencies.
    5. Any property deemed to be worthless, or for any reason considered to be inappropriate for sale, may be disposed of in a manner the Superintendent deems appropriate.
    6. Library books, textbooks and instructional materials are to be disposed of by a means most likely to offer the promise of continuing educational benefit, first to citizens of the school unit, then to others.
    7. All revenues which result from the sale of surplus property shall be credited in one of the following ways: 1) as miscellaneous school income; or 2) when applicable, towards the cost of goods or services to be provided to the Board; or 3) when required by law, to a specific account.

    Adopted:

    Revised:

    D. Fiscal Management

    DN-R - PROCEDURE FOR DISPOSITION OF SCHOOL PROPERTY

    1. Policy Code DN establishes that “The Superintendent is authorized to determine, through procedures they develop, whether personal property such as supplies, books, materials, and equipment is obsolete or no longer of use to the school unit to declare it surplus personal property.” This procedure includes the following steps:
      1. Property identified by the technology or building administrator is reported to the Superintendent.
      2. The reason for disposition of school property must be provided by the technology or building administrator.
      3. The method used to value the property must be provided to the Superintendent.
      4. If the Superintendent is satisfied that the value of the property is under $2,000, then the property can be disposed of as donations to other non-profit organizations, or whatever agreed upon plan is determined.
    2. The agreed upon plan should be followed according to the above referenced policy code. All property valued over $2,000 will follow the process outlined in Policy Code: DN

    Reference:

    Procedure Adopted:

    E. Support Services

    E. Support Services

    EBAA - CHEMICAL HAZARDS

    The Board is committed to providing a safe environment for students and employees. It is the policy of the Cape Elizabeth School Department (CESD) to follow safe practices in regard to the storage and handling of hazardous chemicals in its schools. The school unit will comply with all applicable Maine and federal laws and regulations concerning hazardous chemicals.

    The Superintendent has responsibility for the safe handling and storage of hazardous chemicals in schools, the development of required written plans, the designation of a Chemical Hygiene Officer, and ensuring that staff is trained in respect to chemical hazards found in the workplace. Written plans shall include information regarding proper purchasing, labelling, storage, training, and disposal of hazardous chemicals.

    HAZCOM (HAZARDOUS COMMUNICATION) STANDARDS

    The school unit will comply with OSHA’S Hazard Communication standard 29 CFR 1910.1200, adopted and enforced by the Maine Department of Labor, which requires a written hazard communication (HazCom) plan, including a listing of chemicals being used in the schools; training of employees that handle these chemicals being used in the schools and, for all employees, where safety data sheets (SDS) are located, and how to read them. This standard applies to hazard communications for hazardous chemicals such as those used in cleaning and disinfection, which may be found in custodial and food service areas, among other locations.

    LABORATORY SCIENCE CHEMICALS

    The school unit will comply with OSHA standard CFR 1910.1450, as adopted and enforced by the Maine Department of Labor, which addresses science laboratory chemicals. This standard applies to science laboratory chemicals commonly found in chemistry and biology laboratories in schools.

    The Superintendent will appoint an employee of the school unit as Chemical Hygiene Officer for CESD. The Chemical Hygiene Officer will be responsible for developing and implementing a Chemical Hygiene Plan, to be reviewed annually, that includes procedures relevant to the identification, purchase, storage, inventory, handling, and disposal of hazardous chemicals used in science laboratories; maintenance of safety data sheets (SDS) for laboratory chemicals; and ensuring that employees with science/laboratory responsibilities are provided appropriate training on specific hazards associated with the chemicals being used in school laboratories and how to read the SDS for these chemicals. The person appointed Chemical Hygiene Officer must be an employee of CESD, preferably a science teacher or another staff member who is knowledgeable about chemicals used in school laboratories in the schools.

    Adopted:

    E. Support Services

    EBAA-E - Chemical Hazards Preparation Form

    Lesson: _____________________________________________________________________

    Date(s):_______________________

    Chemicals identified to be use:

    Name Compatible with other chemicals?

    _____________________________ ___ Yes ___ No

    _____________________________ ___ Yes ___ No

    _____________________________ ___ Yes ___ No

    Replacement of incompatible or high hazard chemicals evaluated? ___ Yes ___ No

    Check the row(s) below and columns(s) to the right indicating what safety equipment and procedures are to be used, and when they should be followed.

    Pre-lab Lab Post-lab
    Corrosive Solid
    Corrosive Liquid
    Volatile
    Other
    Safety Glasses
    Goggles
    Splash Shield
    Gloves (list types available) (ID glove)
    Body Protection: Apron, lab coat
    Foot: In addition to covered foot/toe areas

    Respiratory, for those in the program:

    1. ❏ (list what’s available; splash guard, etc)
    2. ❏ Use Fume Hood
    3. ❏ Eyewash Station in working order
    4. ❏ Safety Deluge Shower in working order
    5. ❏ Type of Fire Extinguishers required

    List any hazardous products, by products or wastes that may be created anytime during the use of the chemical identified above. Use diluted or small quantities of hazards. *Handle and dispose of properly.

    Product Pre-lab Lab Post-lab

    Specific emergency procedures: [especially important for chemicals that are incompatible with usual spill kit or fire extinguishing materials.]

    E. Support Services

    EBCA - COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

    (FORMERLY: CRISIS RESPONSE PLAN)

    The Board hereby adopts the Cape Elizabeth School Department Comprehensive Emergency Management Plan. The Superintendent and building administrators shall be responsible for developing, in consultation with staff and persons or agencies with expertise in planning for and responding to emergencies, a comprehensive emergency management plan that identifies and addresses all hazards and potential hazards that could reasonably be expected to affect the school unit and school facilities.

    The Superintendent and building administrators shall be responsible for ensuring that the plan is implemented in each school and evaluated on an annual basis. It is understood that specific procedures may vary from school to school due to differences in school facilities and the ages of students.

    As required by law, the Board will approve the plan annually. Any substantive changes in the plan shall be subject to the approval of the Board.

    The following information pertaining to the Cape Elizabeth School Department Comprehensive Emergency Management Plan is considered public information:

    1. A description of the scope and purpose of the Plan and the process used for developing and updating it;
    2. General information on auditing for safety and preparedness;
    3. Roles and responsibilities of school administrators, teachers and staff and the designated chain of command during an emergency; and
    4. Strategies for conveying information to parents and the general public during an emergency.

    Except as specified in paragraphs A through D above, those portions of the Comprehensive Emergency Management Plan and any other records describing security plans, security procedures or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism shall not be considered public information under the Freedom of Access Act but only to the extent that the release of such information could reasonably be expected to jeopardize the physical safety of school unit personnel or the public. For the purpose of this policy, "terrorism" is defined as in 1 M.R.S.A. § 402(3)(L) as "conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure."

    ADOPTED:

    Updated:

    Revised:

    E. Support Services

    EBCC - BOMB THREATS

    The Board recognizes that bomb threats are a significant concern to the school unit. Whether real and carried out, or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students and staff and to the integrity of school property. Bomb threats disrupt the instructional program and learning environment and also place significant demands on school financial resources and public safety services. These effects occur even when such threats prove to be false.

    Any bomb threat will be regarded as an extremely serious matter and treated accordingly. The Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.

    1. Conduct Prohibited
       
      No person shall make, or communicate by any means, whether verbal or non-verbal, a threat that a bomb has been, or will be, placed on school premises. Because of the potential for evacuation of the schools and other disruption of school operations, placement of a bomb or of a “look-alike” bomb on school premises will be considered a threat for the purpose of this policy.
       
      It is also a violation of Board policy to communicate by any means that any toxic or hazardous substance or material has been placed on school premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the schools. For the purpose of this policy, “toxic or hazardous substance or material” means any material or substance, including biomedical materials or organisms, that, when placed as threatened, could be harmful to humans.
       

    2. Definitions
       

      1. A bomb means explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, “Molotov Cocktail” or any other destructive device.
      2. A “look-alike bomb” means any apparatus or object that conveys the appearance of a bomb or other destructive device.
      3. A “bomb threat” is the communication, by any means, whether verbal or non-verbal, that a bomb has been, or will be, placed on school premises, including possession or placement of a bomb or look-alike bomb on school premises.
      4. “School premises” means any school property and any location where any school activity may take place.
         

    3. Development of Bomb Threat Procedures
       
      The Superintendent/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of the school unit’s emergency management plan. These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:

      1. Threat assessment (for the purpose of identifying a response that is in proportions to the threat, in light of what is necessary to ensure safety);
      2. Building evacuation and re-entry (including selection of potential alternative sites for those who are evacuated);
      3. Incident “command and control” (who is in charge, and when);
      4. Communications contracts and mandatory bomb threats reporting;
      5. Parent notification process;
      6. Training for staff members; and
      7. Support services for students and staff. 
      8. The initial bomb threat procedure will be subject to approval by the Board.

    The Superintendent/designee will be responsible for overseeing a review or evaluation of bomb threat procedures prior to the Board’s required annual approval of the school unit’s emergency management plan, or following implementation of the procedure in response to a specific threat.

    1. Reporting of Bomb Threats
       
      A student who learns of a bomb threat or the existence of a bomb on school premises must immediately report such information to the building principal, teacher, the School Resource Office or other employee in a position of authority.
       
      An employee of the school unit who learns of a bomb threat shall immediately inform the building administrator. The building administrator shall immediately take appropriate steps to protect the safety of students and staff in accordance with the school unit’s bomb threat procedure, as developed under Section C, and inform the Superintendent of the threat.
       
      All Bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.
       
      The Superintendent shall be responsible for reporting any bomb threat to the Department of Education within two business days of the incident. Reports will include the name of the school, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended.
       

    2. Student Disciplinary Consequences
       
      Making a bomb threat is a crime under Maine law. Any student suspected of making a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action by the school.

       
      The administration may suspend and/or recommend for expulsion any student who makes a bomb threat. The making of a bomb threat will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A MRSA § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.

       
      In addition, a student who is found after hearing by the board to have brought a bomb to school shall be expelled from school for at least one year in accordance with 20-A MRSA § 1001(9-A) and Policy JICIA, except that the Superintendent may modify the requirement for expulsion based on individual circumstances
       
      A student who has been identified through the IEP process as having a disability and whose conduct in violation of this policy is related to the disability shall be disciplined as provided in Policy JKF.
       

    3. Aiding Other Students in Making Bomb Threats

       
      A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of this policy.
       

    4. Failure to Report a Bomb Threat
       
      A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a school building or on school property may be subject to disciplinary consequences, which may include suspension and/or expulsion.
       

    5. Staff Disciplinary Consequences
       
      A school system employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment. Disciplinary action taken shall be consistent with collective bargaining agreements, other employment agreements and Board policies.
       
      A school system employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on school premises will be subject to discipline up to and including termination of employment.
       

    6. Civil Liability
       
      The school unit reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law.
       

    7. Lost Instructional Time
       
      Instructional time lost as a result of a bomb threat will be rescheduled at the earliest appropriate opportunity as determined by the Superintendent within the parameters set by the Board. Time lost may be rescheduled on a weekend or vacation day, or after what would normally be the last day of the school year, except on days when schools must be closed as required by law.
       

    8. Notification Through Student Handbook
       
      All student handbooks shall address the school unit’s bomb threat policy and procedures and explain the educational consequences of bomb threats. In addition, student handbooks shall notify students and parents that bomb threats violate Board policy and civil and criminal law.

    Cross References:

    Adopted:

    E. Support Services

    EBCF - USE OF AUTOMATED EXTERNAL DEFIBRILLATORS

    The Cape Elizabeth School Board recognizes that medical emergencies may arise on school property that warrant the use of an Automated External Defibrillator (AED). The school department has AEDs for use in such emergencies. The Superintendent is responsible for implementing the AED program and all necessary administrative procedures. The Superintendent may delegate specific responsibilities concerning the AED program to appropriate town/school personnel as they deem appropriate.

    Adopted:

    E. Support Services

    ECB - PEST MANAGEMENT

    The School Board recognizes that structural and landscape pests can pose significant problems for people and school unit property, but that use of some pesticides may raise concerns among parents, students, and staff. It is therefore the policy of the Cape Elizabeth School Department (CESD) to incorporate Integrated Pest Management (IPM) principles and procedures for the control of structural and landscape pests. A copy of this policy shall be kept in every school and made available upon request to staff, parents, students, and the public.

    IPM is a systematic approach to pest management that combines a variety of methods for managing pests, including monitoring; improved horticultural, sanitation, and food storage practices; pest exclusion and removal; biological control; and pesticides.

    The objective of the school unit's IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff, and others.

    Pesticides may periodically be applied in school buildings and on school grounds and applications will be noticed in accordance with Maine Board of Pesticides Control Rule Chapter 27, Standards for Pesticide Applications and Public Notification in Schools.

    RESPONSIBILITIES OF THE IPM COORDINATOR

    The Superintendent/designee will appoint an IPM Coordinator for each school. The IPM Coordinator will act as the lead person in implementing the school unit's IPM policy.

    The Coordinator will be responsible for coordinating pest monitoring and pesticide applications; making sure that all notice requirements set forth in Maine Board of Pesticides Control Rule Chapter 27, Standards for Pesticide Applications and Public Notification in Schools, are met; keeping records of pesticide applications as required by rule; authorizing any pesticide applications that are not exempted by rule; and implementing the notification provisions required by rule.

    The IPM Coordinator will complete the training requirements established in Board of Pesticides Control Rule Chapter 27, Standards for Pesticide Applications and Public Notifications in Schools.

    The school unit will provide the Board of Pesticides Control with the identity and contact information for any person appointed as IPM Coordinator in the schools.

    NOTIFICATION OF PESTICIDE APPLICATIONS

    When school is in session the school shall provide notification of each application not exempted by rule, whether inside a school building or on school grounds, to all school staff and parents/guardians of students. Such notices shall state, at a minimum: a) the trade name and EPA registration number of the pesticide to be applied; b) the approximate date and time of the application; c) the location of the application; d) the reasons for the application; and e) the name and phone number of the person to whom further inquiry regarding the application may be made. Notices must be provided at least five days prior to the planned application. In addition, signage will be posted at each point of access to the treated area and in a common area of the school at least two working days prior to the application and for at least 48 hours following the application.

    When school is not in session, signage will be posted at each point of access to the treated area and in a common area of the school at least two working days prior to the application and for at least 48 hours following the application.

    In accordance with Maine Board of Pesticides Rule Chapter 27, school is considered to be in session during the school year, including weekends. School is not considered to be in session during any vacation of at least one week.

    The IPM Coordinator for the Cape Elizabeth Schools is David Bagdasarian, who may be contacted at 617-785-9060. This IPM policy and Board of Pesticides Control Rule Chapter 27, Standards for Pesticide Applications and Public Notification in Public Schools is available for inspection and copying at every school.

    Cross Reference:

    Adopted:

    E. Support Services

    EEA - STUDENT TRANSPORTATION SERVICES

    The Board will provide transportation for all students living beyond a reasonable distance from their school or from a scheduled bus stop as the Board has determined. This distance is defined as one mile.

    Distance shall be measured by the shortest public road from the residence to the bus stop or school door. In cases questioned, distance will be measured and established by the Superintendent.

    Exceptions to the above distance shall be made for the following reasons only:

    1. Health
       
      Exceptions to established walking distances may be made for students with disabilities as required by their IEP or Individual Health Plan (504 Plan).
      Exceptions may also be made to accommodate a student's need for transportation with written documentation from the student's physician.

       

    2. Kindergarten Students

       
      Kindergarten bus service will include pick-up and delivery to the home, providing a suitable bus time is available.

       

    3. Hazardous Walking Conditions

       
      Hazardous walking conditions shall be defined as those which would place a child of a given age in a situation of greater than normal or average danger.

    Authorized bus stops will be located so as to load and unload students with the most safety allowed by road conditions. The distance between stops may vary according to safety factors. If possible, students will be loaded and unloaded so that it is not necessary for them to cross a main highway to reach their homes.

    Bus routes will be reviewed annually. Appeals for additional stops must be made in writing to the Transportation Administrator. The Superintendent and the Transportation Administrator will review appeals. The decision will be communicated in writing and will be final.

    Cross Reference:

    ADOPTED:

    Reviewed:

    Revised:

    RECODED:

    Revised:

    REVISED & RE-CODED:

    E. Support Services

    EEAEAA - DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS

    In accordance with the federal Omnibus Transportation Employee Testing Act of 1991, in addition to other pertinent state and federal laws promulgated to effectuate a drug and alcohol free workplace, the Cape Elizabeth School Board is committed to the establishment of an alcohol and controlled substance testing program for school bus drivers, in addition to any other employees who drive vehicles to transport sixteen (16) or more passengers, including the driver.

    The purpose of the testing program shall be to help prevent accidents, injuries, and deaths resulting from the misuse of alcohol and controlled substances by drivers performing safety­ sensitive functions. The Superintendent shall be responsible for the implementation of an alcohol and drug testing program consistent with federal regulations and shall implement additional administrative procedures to assist and further the implementation of the federal mandates regarding alcohol and controlled substances testing as the Superintendent deems necessary.

    Cross Reference:

    Adopted:

    Revised:

    E. Support Services

    EEAEAA-R - DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS ADMINISTRATIVE PROCEDURE

     DRUG AND ALCOHOL TESTING OF SCHOOL BUS DRIVERS

    ADMINISTRATIVE PROCEDURE

    The Cape Elizabeth School Board, hereinafter referred to as the "Board," is committed to the establishment of an alcohol and controlled substance testing program that meets all applicable requirements of the federal Omnibus Transportation Employee Testing Act of 1991, in addition to pertinent state laws and regulations. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of alcohol and controlled substances by drivers performing safety-sensitive functions.

    The following administrative procedure represents a summary of the main provisions found in federal regulations promulgated to effectuate drug and alcohol testing of bus drivers. The following procedure in no way attempts to modify said regulations, which should always be referred to when questions as to implementation of this policy/procedure arise.

    1. APPLICABILITY

    All persons operating a commercial motor vehicle in commerce in any state and subject to the commercial driver's license requirements mandated under both federal and state laws, including the Omnibus Transportation Employee Testing Act of 1991, shall be subject to the drug and alcohol testing provisions herein contained.

    1. IMPLEMENTATION

    The Superintendent shall be responsible for implementing a drug and alcohol testing program which complies with procedures set forth in Title 49 Parts 40, 382, 390, and 395 of the Federal Code of Regulations. Such testing programs shall include pre-employment/  pre-duty drug testing, post­ accident testing, random testing, reasonable suspicion testing, return-to-duty, and follow-up testing. Cape Elizabeth School Department shall provide parties subject to testing with written notice of materials and information available to them as required by Part 382.

    1. CONTROLLED SUBSTANCES

    Controlled substances in this policy/procedure refer to those covered by the Omnibus Transportation Employee Testing Act of 1991, including marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP), MDMA (Ecstasy) and 6- Acetylmorphine (heroin).

    1. SAFETY-SENSITIVE FUNCTION

    Safety-sensitive function(s) in this policy/procedure refer to functions defined in 49 CFR § 382.107 and § 395.2 (On-Duty Time, paragraphs (1) through (6)).

    1. PROHIBITIONS

    All drivers subject to this policy shall be prohibited from:

    1. Using any alcohol while on duty and four (4) hours prior to going on duty;

    2. Possessing alcohol while on duty;

    3. Reporting for duty or remaining on duty while having an alcohol concentration of 0.02 or greater;

    4. Using any alcohol for eight (8) hours following an accident, or until the driver undergoes a post-accident alcohol test, whichever occurs first;

    5. Refusing to submit to a required alcohol or controlled substance test(s);

    6. Reporting for duty or remaining on duty when using any controlled substance, except when use is pursuant to the instructions of a physician who advised the driver that the substance does not adversely affect the driver's ability to safely  operate the  vehicle; and

    7. Reporting for duty, remaining on duty, or performing a safety-sensitive function, if the driver tests positive for a controlled substance.


    1. REQUIRED TESTING


    1. Pre-Employment Testing. Prior to the first time a driver performs a safety-sensitive function for the school dept., the driver shall undergo testing for controlled substances. However, no driver shall be subjected to pre-employment controlled substance testing prior to having been offered a position. Employment is conditioned upon a verified negative controlled substance test result.

    2. Post-Accident Testing. As soon as practicable following an accident, each surviving driver will be subject to alcohol and controlled substance testing as follows:


    1. Any driver performing safety-sensitive functions with respect to the vehicle if the accident involved loss of human life;


    1. Any driver who receives a citation under State or local law for a moving violation arising from the accident; and

      1. Causes bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

    2. Should one or more motor vehicles incurring disabling damage as a result of the accident, require a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

    3. In addition, the following provisions will also apply.


    1. Alcohol. If a test required under this section is not administered within two (2) hours following the accident, the school dept. shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test is not administered within eight (8) hours following the accident, the school dept. shall cease attempts to administer the test and shall prepare and maintain the same record. Records shall be submitted to the Federal Highway Administration (FHWA) upon request of the Associate Administrator.

    2. Controlled Substances. If a test required by this section is not administered within thirty-two (32) hours following the accident, the school dept. shall cease attempts to administer the test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the FHWA upon request of the Associate Administrator.

    3. Random Testing. All drivers subject to this policy/procedure will be subject to random and unannounced alcohol and controlled substance testing throughout the year.


    As the school dept. conducts random testing for alcohol and/or controlled substances through a consortium, the number of drivers to be tested may be calculated for each individual school dept. or may be based on the total number of drivers covered by the consortium who are subject to random testing at the same minimum annual percentage rate under 49 CFR Part 382 or any Department of Transportation random testing rule.


    1. Reasonable Suspicion Testing. All drivers subject to this policy/procedure shall submit to alcohol and controlled substance testing when the employer has reasonable suspicion to believe that the driver has violated the prohibitions found in Part V of this procedure, with the exception of Part V.B. regarding alcohol possession. The school dept. shall base its determination that reasonable suspicion exists requiring the driver to undergo such testing on observations concerning appearance, behavior, speech, or body odors of the driver. When controlled substances are at issue, observations may include indications of the chronic and withdrawal effects of controlled substances.


    In addition, the following provisions also apply:

    1. Alcohol. Alcohol testing will be performed only if the aforementioned observations are made during, just preceding, or just after the period of the workday that the driver is required to be in compliance with this policy/ procedure. If a test required under this section is not administered within two (2) hours following the reasonable suspicion determination, the school  dept. shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required under this section is not administered within eight (8) hours following a determination that reasonable suspicion exists, the school dept. shall cease attempts to administer an alcohol test and shall state in the record reasons for not administering the test. The school dept. shall submit to the FMCSA/FHWA records of tests required by this section that were not completed within eight (8) hours according to the mandates of 49 CFR § 382.307 (3).

    2. Controlled Substances. The school dept. shall, within twenty-four (24) hours or before the results of the controlled substances test are released, whichever is earlier, create a written record of the observations leading to a controlled substances test which shall be signed by the supervisor or school  dept. official making said observations.


    1. Return-to-Duty Testing. Prior to returning to duty requiring the performance of safety-sensitive functions when a driver has engaged in conduct prohibited under this policy/procedure, the driver shall undergo a return-to-duty alcohol and/or controlled substances test(s) as appropriate.


    Drivers found to have engaged in prohibited conduct under the alcohol provisions of this policy/procedure will not be permitted to return to duty unless the subsequent alcohol test reveals a result less than or consistent with federal and state standards. In cases involving controlled substances, a verified negative result is necessary before a driver may return to duty.


    1. Follow-up Testing. In the event that a driver has been found to have been in violation of the prohibitions herein contained and is identified as requiring  assistance in resolving problems associated with alcohol and/or controlled  substances,  the school dept. shall require the driver to submit to at least six (6) unannounced follow-up alcohol and/or controlled substances tests during the first twelve (12) months after returning to duty. Follow-up tests will be unannounced  and may continue for up to sixty (60) months after returning to duty. Follow-up  alcohol testing shall be conducted only when the driver is performing, just before, or just after ceasing to perform safety­ sensitive functions.


    1. REFUSAL TO SUBMIT TO TESTING

    All drivers who are required by federal regulations to submit to drug/alcohol testing must do so immediately upon being directed to submit to the test(s). A driver's refusal to submit to testing will subject the driver to immediate removal from the performance of safety-sensitive functions. In addition, failure to comply with Federal regulations or this procedure is grounds for disciplinary action up to and including dismissal. Any of the following actions on the part of a driver constitutes a refusal to submit to a test:


    1. Failure to provide adequate specimens/samples of substance(s) undergoing testing, including but not limited to breath and urine, without a valid medical reason;

    2. Engaging in conduct which obstructs the testing process, such as:

      1. Refusal to empty their pockets;

      2. Refusal to wash their hands after being directed to do so by the test collector;

      3. Admitting to the collector that the driver adulterated or substituted their specimen;

      4. Behaving in a confrontational way that disrupts the collection process;

      5. Declining to allow a collection to be monitored or directly observed (as allowed by federal regulations);

      6. With respect to direct observation collections, the employee fails to follow the observer's instructions to raise or lower their clothing and to turn around to permit the observer to determine if the employee has a prosthetic or other device that could be used to interfere with the collection process; or the employee possesses or wears a prosthetic or other device that could be used to interfere with the collection process;

      7. Refuses to void through self-catheterization if this is the employee's normal method.

    1. Refusal by an employee to complete and sign testing forms. 


    1. TRAINING FOR SUPERVISORS

    Cape Elizabeth School Department will assign persons who will be designated to determine whether reasonable suspicion exists to require a driver to undergo testing under Part 382, with at least sixty (60) minutes of training on alcohol misuse and at least an additional sixty (60) minutes of training on controlled substances. Training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.


    1. ENFORCEMENT

    Cape Elizabeth School Department , in its independent authority as an employer, shall subject any driver who violates this policy/administrative procedure or Federal regulations to potential disciplinary action up to and including dismissal, except to the extent that any state law or collective bargaining agreement requires otherwise.

    In addition, any driver who refuses to submit to a post-accident, random, reasonable

    suspicion, return-to-duty, or follow-up test(s) shall not perform or continue to perform safety-sensitive functions.

    Furthermore, no driver tested and found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions including driving a commercial motor vehicle until the start of the driver's next regularly scheduled duty period, but not less than twenty-four (24) hours after the test was administered.


    1. RECORDS

    Employee drug and alcohol tests and results shall be maintained under strict confidentiality in a secure location with controlled access and released only in accordance with law. A driver, upon written request, shall receive copies of any records pertaining to their use of drugs or alcohol, including any records pertaining to their drug tests. Records shall be made available to subsequent employers or other identified persons only when expressly requested in writing by the driver.


    1. NOTIFICATIONS

    Each driver shall receive educational materials prior to the school dept.'s commencement of alcohol and controlled substances testing. Such material will explain the requirements of the Code of Federal Regulations, Title 49 Part 382, and contain a copy of the Board's policy and administrative procedures for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this information. The school dept. shall also include in the package of informational material submitted to each driver, a statement certifying that they have received the informational material. The school dept. shall maintain the original signed copy of the statement on file.

    In addition to the aforementioned items, the school dept. shall also make available to drivers and representatives of employee organizations information which shall identify:

    1. The person designated by the school dept. to answer questions about the materials;

    2. The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;

    3. Information concerning the effects of alcohol and controlled substances on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substance(s) problem (the driver's or co-worker's); and available methods of intervening when an alcohol or controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; an

    4. Post-accident procedures that will make it possible for a driver to comply with post-accident testing before any driver operates a commercial vehicle.


    This school dept. shall also make available the following information:

    1. The results of pre-employment controlled substance test(s) if the applicant requests such results within sixty (60) calendar days of being notified of the disposition of the employment application; and

    2. The results of random, reasonable suspicion and post-accident drug tests if the results are verified positive. The school dept. shall also tell the driver which controlled substance(s) was verified as positive.


    1. CONTROLLED SUBSTANCES


    Drivers shall inform their supervisors if at any time they are using a controlled substance which their physician, or other medical provider, has prescribed for therapeutic.purposes. Such substance may be used in conjunction with duty only if the driver’s physician has advised the driver that it will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.


    1. REFERRAL, EVALUATION, AND TREATMENT


    1. Referral. A driver who has engaged in conduct prohibited by this policy/ procedure shall be advised by the school dept. of resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances. The information the driver receives will include names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs, in addition to information relating to the driver’s responsibility with regard to payment of such services.

    2. Evaluation Treatment. A driver who engages in such prohibited conduct shall be evaluated by a substance abuse professional who shall determine what assistance or treatment, if any, the employee needs in resolving controlled substance(s) use.


    1. RETURN TO DUTY

    If a school dept. has not discharged a driver due to their engagement in prohibited conduct under this policy/procedure, the bus driver must, prior to returning to safety-sensitive duties:

    1. Undergo return-to-duty testing and obtain an alcohol concentration level of less than 0.02 and/or a verified negative test for controlled substances;

    2. Have been evaluated by a substance abuse professional; and

    3. Have followed prescribed and/or recommended treatment.


    1. OTHER POLICIES/PROCEDURES

    Nothing contained in this administrative procedure shall prevent the Board from establishing and enforcing independent policies/procedures relating to the possession, being under the influence of, distribution, sale or use of alcohol or controlled substances or any misconduct associated therewith and the penalties for violation of those policies/procedures, up to and including dismissal.



    Cross Reference:


    Adopted:

    Revised:





    E. Support Services

    EEAEFA - Video Surveillance on School Property

    VIDEO SURVEILLANCE ON SCHOOL PROPERTY

    The School Board  authorizes the use of security cameras for the purpose of enhancing school safety and security. The School Board’s goals are to promote and foster a safe, secure teaching and learning environment for students and employees; to promote public safety for community members who visit or use school property; and to safeguard facilities and property. Security cameras will not be placed in confidential and private locations such as classrooms, bathrooms, conference rooms and private offices.

    Security cameras may be placed in school buses, parking lots, school entryways and other areas on school grounds. Security cameras may also be placed in areas of common use within buildings, including but not necessarily limited to, school foyers, the school office, hallways, and cafeterias, libraries and gymnasiums. 

    Security cameras may be used for the following purposes:

    1. To investigate suspected violations of School Board policies or school, or other inappropriate conduct.

    2. To monitor activities on school property (including buses) to protect safety and to enforce school rules, policies and the law.

    3. By law enforcement to address school safety issues or to investigate possible criminal behavior.

    Notices will be posted in public entryways to the building and other conspicuous locations informing persons that the buildings and grounds are monitored by security cameras.

    The Superintendent may develop and implement any necessary administrative procedures regarding the use of security cameras.


    Cross Reference:


    Adopted:



     

    E. Support Services

    EEBB - USE OF PRIVATE VEHICLES FOR SCHOOL BUSINESS AND STUDENT TRANSPORTATION

    The Cape Elizabeth School Board recognizes the need for some school employees to use their privately owned motor vehicles for school purposes either regularly or occasionally to conduct school business.  

    In general, school buses or other CESD vehicles will be used to transport students. Privately owned vehicles may be used for student transportation when, in the opinion of the building principal and with the written approval of the Superintendent, this is the most practical or only possible method of transportation. Field trip and other off-campus school-sponsored activity transportation will be by school bus whenever practicable. The Superintendent may approve the use of private vehicles in situations in which the small number of students or budget or schedule restrictions make bus use prohibitive or impractical. No student may be sent on school errands with their own vehicle, an employee-owned vehicle, or a school-owned vehicle.

    To safeguard Cape Elizabeth School Department employees and students in matters of liability, the following policy will be observed:

    A. Prior to use of a private vehicle for school purposes, the employee must have the written permission of the Superintendent/designee. This permission may be in the form of a standing permit for employees who use their own vehicles regularly for school purposes. The permit will state the particular purpose and indicate whether it includes transportation of students. For all special trips involving students, e.g., field trips, a special permit must be obtained in advance for the specific trip.

    B. For student trips made in private vehicles, the driver must have a valid Maine driver's license and carry a minimum liability insurance of $100,000/$300,000 (liability); minimum property damage of $50,000; and minimum medical coverage of $5,000.  Proof of current license and insurance will be required.

    C. In the case of an accident, the approved driver's liability insurance will be the primary coverage.

    D. A Maine driving record check will be conducted on all prospective drivers.  In the interest of safety, a prospective driver may be disqualified based on a review of information contained in the record.

    E. The vehicle must have a current registration and display a current inspection sticker.

    F. Any driver who has a standing permit is required to notify the Superintendent if there is any change that might affect their permit (i.e. change in vehicle, insurance, license, accident, etc.)

    G. CESD retains the authority to deny any and all requests, to request additional documentation, and/or rescind authorization to use a private vehicle for school purposes at any time.

    H. The driver and all passengers must wear seat belts at all times while using a private vehicle for school purposes.

    I. Hands-free devices may be used only for necessary calls and checking directions through a navigation system. The use of hand-held electronic devices is prohibited while driving.

    J. No employee may transport students for school purposes without prior authorization by the Superintendent/designee.

    K. All Board policies, administrative procedures and school rules are in effect while using a private vehicle for school purposes.

    L. Any accident while using a private vehicle must be reported immediately to the appropriate law enforcement authority and to the Superintendent's Office.

    M. An employee, volunteer or student must obtain prior written approval by the Superintendent/designee and meet all requirements in this policy to transport students in a private vehicle to school-sponsored activities, field trips or other events.

    N. In general, students will only be permitted to transport other students in a private vehicle for school-sponsored activities in limited circumstances when there is no other reasonable alternative. No student will be allowed to transport other students on field trips or for other school-sponsored activities without prior approval from the Superintendent/designee and notice to parents.

    O. Parents will be informed whenever private vehicles will be used to transport their child(ren) for a field trip or other school purpose and will be required to sign a permission form in advance.

    P. Transportation of a student (other than the child of the person transporting) alone in a private vehicle is strongly discouraged and will only be authorized in extenuating circumstances.

    Q. No smoking, vaping, use of alcohol, cannabis or illegal substances is allowed while transporting students.


    VOLUNTEER-OWNED VEHICLES


    The above provisions apply to the use of private vehicles when the driver is an approved volunteer transporting students to or from school-sponsored events or activities or using a private vehicle for other school purposes.


    The school will inform approved volunteers that in the event of an accident, the approved volunteer’s liability insurance will be the primary coverage.


    The school will not be responsible for any accident or injury arising from a parent’s transportation of his/her own child(ren) to or from a school sponsored event or activity.  Students are expected to travel by school-provided transportation when available.


    DELEGATION OF RESPONSIBILITY


    The Superintendent/designee will be responsible for developing administrative procedures, including those for accident reporting, and application, permit, permission and/or other forms, to implement this policy.


    Cross Reference:


    Adopted:

    February 8, 2022

    Revised: 

    January 9, 2024




    E. Support Services

    EFE - SALES OF FOODS IN COMPETITION WITH THE FOOD SERVICE PROGRAM

    The Cape Elizabeth School Department supports good nutrition and healthy eating habits for students. The Board believes that nutrition influences a student's ability to benefit from the educational program and that good nutrition impacts student achievement. Foods and beverages sold as part of the Cape Elizabeth School Department's food service program shall include only those items which contribute to the nutritional needs of children and the development of desirable food habits, and shall not include foods of "minimal nutritional value" as defined in federal regulations.

    1. Restriction on sale of Competitive Foods

    Any food or beverage sold at any time on school property of a school participating in the National School Lunch or School Breakfast Programs shall be a planned part of the total food service program of the school. Only those items which contribute both to the nutritional needs of children and the development of desirable food habits shall be included, and shall not include foods of minimal nutritional value as defined in applicable federal regulations.

    1. Exceptions to the Requirement that Foods and Beverages Be Sold as Part of the Food Service Program

    The Board recognizes that the sale of foods and beverages outside of the Cape Elizabeth School Department food service program often provides a significant source of funds for student activities/programs and community organizations using school facilities. Therefore, the Board will allow the sale of foods and beverages outside of the food service program as follows:

    1. To school staff;

    2. To attendees at school-sponsored events held on school property;

    3. To the public at community events held on school property in accordance with the Board's facilities use policy;

    4. In state-approved instructional Career and Technical Education Culinary Arts Programs;

    5. By a school-approved student organization or program if consistent with the requirement that such sales not include foods of "minimal nutritional value" (see Section B).

    This applies to sales of foods and beverages at any time on school property by any person, group or organization. When foods and beverages are sold to attendees at community events sponsored by the school or held on school property, students, staff, parents, or school-sponsored organizations involved in such sales are encouraged to include at least some healthy food choices. 

    C.  Restrictions on Sales of Foods/Beverages of "Minimal Nutritional Value"

    In general, foods and beverages sold on school property may not include foods of "minimal nutritional value" as defined by Federal regulations. The only exceptions to the prohibition on sales of foods and beverages of "minimal nutritional value" are sales to school staff and sales to the public at a community or school-sponsored event. Foods and beverages of "minimal nutritional value" may not be sold to students at any time except during an event open to the public. For example, foods and beverages of "minimal nutritional value" cannot be sold during dances open only to students.

    D.  Funds from Food and Beverage Sales Outside the Food Service Program

    In general, funds from all food and beverage sales made at any time on school property shall accrue to the benefit of the food service program. However, school-approved/ sponsored student organizations/programs and non-school sponsors of public events held in accordance with the Board's Facilities Use policy may retain funds raised through the sale of foods and beverages authorized by this policy. 

    E.  Policy Implementation

    The Superintendent is responsible for implementing this policy and for developing any administrative procedures necessary, consistent with applicable state and federal laws and regulations. The Superintendent may delegate specific responsibilities to administrators and other school staff as they deem appropriate. An employee of the School Department who observes conduct believed to be in violation of this policy or is informed of such conduct by a parent, student or community member should contact the building administrator or Superintendent/ designee.

    42 U.S.C. § 1751 et seq. (National School Lunch Program)

    7 C.F.R. Part 210 et seq. 20-A M.R.S.A. § 6601

    Maine Department of Education Rule Chapter 51 (Child Nutrition Programs in Public Schools and Institutions)

    Cross Reference:
    Adopted:

    December 12, 2006

    Revised:

    March 10, 2009

    August 28, 2012

    November 8, 2022

    E. Support Services

    EGAD - COPYRIGHT COMPLIANCE

    The Board expects all employees and students in Cape Elizabeth School Department (CESD) to comply with the copyright law and guidelines. Employees and students who willfully disregard the law/guidelines and the Board's copyright policy and procedure do so at their own risk. CESD will not extend legal and/or insurance protection to employees or students for willful violations of this policy. Such violations may also result in disciplinary action.

    The Superintendent is responsible for implementing this policy and the accompanying administrative procedure. The Superintendent may delegate specific responsibilities to building principals and others as the Superintendent deems appropriate.

    CESD will take the following steps to discourage violations of the copyright law:

    1. All instructional staff and administrators shall receive a copy of this policy and the accompanying administrative procedure.
    2. Copyright notices shall be posted within view of copying equipment.
    3. Teachers and library media specialists shall be responsible for informing students about the legal and ethical issues raised by copyright infringement and illegal use of copyrighted materials.

    Cross Reference:

    Adopted:

    Revised:

    E. Support Services

    EGAD-R - COPYRIGHT COMPLIANCE ADMINISTRATIVE PROCEDURE

    This administrative procedure summarizes the major provisions found in the federal copyright law and guidelines concerning reproduction of copyrighted works by educators. This summary is not intended to replace the law/guidelines, which should be referred to when questions regarding implementation arise.

    Instructional staff teaching any form of distance learning or on-line course must carefully review and comply with Part III of the procedure in addition to all other parts.

    1. GENERAL RULE AND COPYRIGHT OWNERSHIP

       
      Presumption of copyright. Works, in any medium (written, recorded, computer-stored, etc.), should generally be presumed to be protected by copyright law, regardless of whether the work displays a copyright notice, the symbol "©," or other express reservation of rights.

       
      Rule against copyright violations. Except as otherwise permitted by this policy and applicable law, school employees shall not reproduce, perform or display copyrighted works without permission of the owner.

       
      U.S. Government works. United States government works are not subject to copyright protection, and may freely be copied.  

      Public domain. Works that are in the public domain due to expiration of copyrights, as provided by law, may be freely reproduced, performed or displayed.

       
      Student works. Students are the owners of exclusive rights in works that they create.

       
      Works made for hire. Works created by school employees in the course and scope of their employment are "works made for hire," and the school department retains exclusive rights in such works, unless otherwise agreed in writing by the school board.

       
      Distance learning. All rights in works created by school employees in the course of teaching distance learning courses are owned by the school department that employs the individual(s) who created the work, unless otherwise agreed in writing by the employing school department.

       

    2. DEFINITIONS

     
    1. "FAIR USE"

    1. "FACE-TO-FACE INSTRUCTION"

     
    Performance or display of any copyrighted work by teachers or students without permission from the copyright holder is permissible under the following circumstances:

    1. DISTANCE EDUCATION: TRANSMISSION OF PERFORMANCES AND DISPLAYS TO REMOTE SITES
       
      The following may be transmitted by any device or process, including interactive television or Internet courses:

    1. PRINT MATERIALS
       

      1. Permissible Uses
        1. A single copy of the following made for use in teaching or in preparation to teach a class:
          1. A chapter from a book;
          2. An article from a periodical or newspaper;
          3. A short story, short essay or short poem, whether or not from a collective work; and
          4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.
        2. Multiple copies made for classroom use (not to exceed one copy per student in a course) from the following:
          1. A complete poem, if it has fewer than 250 words and does not exceed two printed pages in length, or an excerpt of not more than 250 words from a longer poem;
          2. A complete article, story or essay of less than 2,500 words;
          3. Prose excerpts not exceeding 10 percent of the whole or 1,000 words, whichever is less;
          4. One chart, graph, diagram, cartoon or picture per book or per issue of a periodical; and
          5. An excerpt from a children's book containing up to 10 percent of the words found in the text and not more than two printed pages of the published work.
        3. One transparency for classroom instruction may be made from consumable materials such as workbooks, exercises, activity sheets, etc.
        4. All permitted copying must include appropriate credits, including the author, title, date, copyright notice and any other pertinent information.
      2. Prohibited Uses
        1. More than one work or two excerpts from a single author copied during one class term;
        2. More than three works from a collective work or periodical volume copied during one class term;
        3. More than nine sets of multiple copies made for distribution to students in one class term;
        4. Copies made to create, replace or substitute for purchasing anthologies or collective works;
        5. Copies made of "consumable" works, such as workbooks, exercises, standardized tests and answer sheets (except as noted in A.3 above);
        6. The same work copied from term to term;
        7. The same material copied for more than one particular course, or copied every time a particular course is offered, unless permission is obtained from the copyright owner;
        8. Copies made when there is sufficient time prior to the intended use to obtain permission from the copyright owner; and
        9. No charges may be made to students beyond the actual cost of photocopying.

    2. COMPUTER SOFTWARE

      1. All software is protected by copyright law. Any unauthorized copying of software is illegal and may subject the copier to substantial civil or criminal penalties.
      2. All software purchased for use in Cape Elizabeth Schools must be approved by the Superintendent or Director of Educational Technology. Only the Superintendent or the Director of Educational Technology may obtain and sign software licensing agreements and duplication rights agreements. All terms of such licensing/duplication agreements must be observed by all school employees and students.
      3. Software purchased by the school department for classroom, lab, media center and office use remains the property of the school department and may be used only in school-sponsored programs and activities.
      4. The Director of Educational Technology is responsible for reviewing and supervising compliance with all software license agreements. The Director of Educational Technology shall retain all license agreements and modifications thereto.
      5. Permissible Uses
        1. One archival (back-up) copy of copyrighted software may be made by authorized employees (unless a licensing agreement prohibits copying for any purpose);
        2. Software may be used on a networked computer system as authorized by the license or if written permission is obtained from the owner;
        3. Software may be loaded on multiple equipment to the extent authorized by the license or if written permission has been obtained from the owner; and
        4. Preview software may be evaluated for a reasonable evaluation period before being purchased or returned.
      6. Prohibited Uses
        1. Illegal copies of copyrighted software programs made or used on school equipment;
        2. Copies made of preview software;
        3. Use of software on a networked computer system not intended for network use without written permission from the owner;
          Copies made of locally produced adaptations or modifications of copyrighted software for any purpose.
      7. Unauthorized copying. Any employee or student who becomes aware of unauthorized copying of school software shall inform the Director of Educational Technology.

    3. INTERNET

    The rights of the owner of copyrighted material on the Internet are the same as the rights of the owner of traditional materials. Unless there is a clear statement that art, photos, text and sounds are "public domain" and available for free use, it should be assumed that the material is copyrighted. All the criteria for "fair use" apply to works on the Internet just as they apply to other materials. The ease of copying materials from the Internet should not be used as an excuse for violating copyrights.

    1. OFF-AIR TELEVISION RECORDING

      1. Permissible Uses
        1. Off-air recordings may be made only at the request of and used by individual teachers;
        2. Off-air recording of broadcast programs available to the general public without charge may be made and retained for a period not to exceed 45 calendar days after the date of recording. The following additional requirements must also be met:
          1. The recording may be used once by the individual teachers in the course of relevant teaching activities and repeated once during the first 10 consecutive school days in the 45-day retention period.
          2. Following the first 10 consecutive school days, the recording may only be used for teacher evaluation purposes (i.e., to determine whether the broadcast program should be included in the curriculum).
          3. Following the 45-day retention period, the recording must be erased or destroyed immediately unless written permission is obtained from the copyright owner to keep and use the program in teaching/learning activities.
        3. A limited number of copies may be produced from each off-air recording to meet the legitimate educational needs of teachers. Such copies are subject to the same guidelines as the original copy.
        4. An off-air recording need not be used in its entirety, but the recording may not be altered, edited, combined or merged. All copies must include the copyright notice of the broadcast program.
      2. Prohibited Uses
        1. Recording broadcast programs in anticipation of requests;
        2. Recording broadcast programs when there is sufficient time prior to the scheduled program to obtain permission from the copyright owner;
        3. Recording programs from pay/satellite television channels (HBO, Cinemax, Disney, etc.);
        4. Using or retaining recordings beyond the 45-day retention period without written permission;
        5. Recording the same program more than once for the same teacher (regardless of how many times the program may be broadcast); and
        6. Altering the program from the original content in any way (although the entire program need not be viewed)

    2. USE OF PRE-RECORDED VIDEOS
      Pre-recorded videos include commercially available videos marked "For Home Use Only" (such as feature films), including VHS tapes, DVD disks, filmstrips, etc.

      1. Permissible Uses
        Pre-recorded videos may be used in "face-to-face instruction" provided that the viewing utilizes a lawfully-made copy rented or purchased by the school department.
      2. Prohibited Uses
        1. Videos may not be used for entertainment, filler, assemblies, fundraising, public viewing, or any other purpose without written permission of the copyright owner and permission of the building principal.
        2. Videos may not be used when a written contract specifically prohibits use in classroom or direct instruction situations.
        3. Videos may not be borrowed from individuals or other schools.
        4. Videos may not be copied.

    3. MUSIC AND THEATER PERFORMANCES

      Prior written permission must be obtained whenever copyrighted plays and musical numbers are to be performed or whenever copyrighted music is used as part of a performance.

    4. EDUCATIONAL USES OF MUSIC

      1. Permissible Uses
        1. Emergency copies to replace purchased copies which for any reason are not available for an imminent performance provided that purchased replacement copies shall be substituted in due course.
        2. For academic purposes other than performance, multiple copies of excerpts of works may be made provided that:
          1. The excerpts do not constitute a performable unit (section, movement or aria) or more than 10 percent of the entire work;
          2. No more than one copy per student in the class is made; and
          3. The copyright notice appears on the copies.
        3. For academic purposes other than performance, a single copy of an entire performable unit (section, movement or aria) may be made by the teacher for scholarly research or in preparation to teach a class provided that:
          1. The work is confirmed by the copyright owner to be out of print;
          2. The work is unavailable except in a larger work; and
          3. The copyright notice appears on the copy.
        4. Printed copies that have been purchased may be edited or simplified provided that the fundamental character of the work is not distorted. Lyrics may not be altered or added, if none exist.
        5. A single copy of recordings of performances by students may be made for evaluation or rehearsal purposes and may be retained by the school department or an individual teacher.
        6. A single copy of a sound recording (album, tape, cassette or CD) or copyrighted music may be made from sound recordings owned by the school department or an individual teacher for the purpose of constructing aural exercises or examinations. The copy may be retained by the school department or an individual teacher.
          1. This pertains only to the copyright of the music itself and not to any copyright which may exist in the sound recording.
      2. Prohibited Uses
        1. Copy to create, replace or substitute for purchasing anthologies, collective works and compilations;
        2. Copy "consumable" works, such as workbooks, exercises, standardized tests and answer sheets;
        3. Copy for the purpose of performance (except as noted in A.1); and
        4. Copy to substitute for the purchase of music (except as noted in A.1-2).

    Cross Reference:

    Approved:

    Revised:

    E. Support Services

    EHA - ELECTRONIC SIGNATURE AND FILING

    Definitions

    "Communication" means any written form or filing, or other written communication. "Electronic Signature" means any electronic identifier intended by the person using it to have the same force as a manual signature.

    Electronic Signatures

    The acceptance of an electronic signature from parents or guardians of a student is permitted. An electronic signature will have the full force and effect of a manual signature if the electronic signature satisfies the following requirements:

    1. It is unique to the person using it;
    2. It is capable of verification; and
    3. It conforms to all other provisions of this policy.

    Electronic Communication

    Any electronic communication files with the district will be given the full force and effect of a paper communication if the following conditions are met:

    1. If the communication is an electronic filing or recording, this district agrees to accept or send such communication electronically;
    2. If a signature is required on the communication by any statue, rule, or regulation or the applicable law, the electronic signature on the communication conforms to Maine law; and
    3. The electronic communication and electronic signature on that communication conforms to all other provisions of this policy.

    Additional Considerations

    1. The Superintendent or designee may, at their discretion, request that an original of the electronic communication, signed by hand, be forwarded to the district in a timely manner.
    2. The district will accept and issue electronic communications only if such communications conform to any formatting requirements associated with them.
    3. The Superintendent or designee is authorized to establish additional rules, practices, or guidelines associated with accepting electronic communications.

    Adopted:

    Reviewed:

    E. Support Services

    EHB - SCHOOL RECORDS RETENTION POLICY

    Proper retention of school record is essential to conduct the business of the schools; to protect the legal interests of the schools, students and employees; and to comply with federal and state laws and regulations concerning record retention. It is also important for purposes of efficiency and management of physical and digital storage resources that unneeded records be disposed of in a timely manner.

    The Board will comply with all applicable law and rules concerning the retention, storage and disposal of specific records, as well as its preservation obligation when litigation is threatened or pending.

    The Superintendent is responsible for implementing this policy and for ensuring that procedures for managing school department records are consistent with the applicable laws and rules. The Superintendent may delegate specific responsibilities to administrators or other school staff as they deem appropriate.

    Employees shall be informed of any record keeping requirement applicable to their positions and are expected to comply with them.

    Cross Reference:

    Adopted:

    Reviewed:

    F. Facilities Development

    F. Facilities Development

    FA - FACILITIES DEVELOPMENT GOALS/PRIORITY OBJECTIVES

    As the Board seeks to overcome deficiencies in its physical plant, it will strive to provide new and remodeled facilities that will offer the best possible physical environment for learning and teaching.

    The Board aims specifically toward:

    1. New buildings and renovations that will accommodate and facilitate those new organizational and instructional patterns that support the school system's educational philosophy and instructional goals;
       
    2. Meeting all safety requirements through the remodeling of older structures;
       
    3. Providing such building renovations as needed to meet requirements on the availability of public school facilities to individuals with disabilities; and
       
    4. Building design and construction that will lend to low maintenance costs and the conservation of energy. These two factors will also be given special consideration in the renovation of buildings.
       

    It is the Board's goal to provide the appropriate facilities needed for the number of students in the district and to provide the kind of facilities that will best support and accommodate the educational program. To this end, there should always be a five-year facilities plan on file with the Board, which is updated every two years.

    Decisions pertaining to educational specifications of new buildings and those undergoing extensive remodeling will be developed only after the viewpoints of teachers, students and parents have been sought.

    ADOPTED:

    REVIEWED:

    REVISED:

    F. Facilities Development

    FF - NAMING OF SCHOOL FACILITIES

    Cape Elizabeth School Department facilities are a source of pride for our community. They are a tangible reflection of the commitment of the citizenry to the education of our children. Therefore, the School Board may choose to name all facilities or portions thereof only after careful consideration of the message being sent to the community by the names selected. No school, facility or any part of a school, facility or other school property shall be named or renamed without formal School Board approval.

    The School Board shall appoint a committee made up of the Superintendent, two School Board members, a building administrator, a teacher, a parent, and a community member to review the request for naming. The requesting party shall not be a member of the committee. The committee will study the naming proposal and make a recommendation to the School Board.

    The Board shall not name, re-name, or change the name of any existing school facility, or part of a facility, for any individual, couple, or family whether living or deceased, unless there is an affirmative vote of the School Board. The School Board reserves the right to decline to accept any donation conditioned on a naming right unacceptable to the school department. Facilities will not be named for persons who are currently employed by the school department or active in its operations or those who currently hold any public office. 

    The Board shall make every effort to respect the preference of the committee; however, final decisions on the naming of a school facility, or part of a facility, shall rest entirely with the School Board and, as applicable, Town Council.

    Cross Reference:
    Adopted:    

    May 8, 2007

    Reviewed:  

    June 11, 2013

    Revised:     

    June 11, 2019

    November 8, 2022

    F. Facilities Development

    FFAA - MEMORIAL SCHOLARSHIPS AND GIFTS

    With the permission of the Superintendent, memorial scholarships created in the memory of an individual with a connection to the school may be created to be awarded at school activities. All offers of such scholarship opportunities will be submitted to the Superintendent with pertinent information concerning the purpose of the memorial scholarship, the criteria for its award, the connection between the person memorialized and the Cape Elizabeth schools, and the expected level of involvement of school officials and employees in collecting applications for, administering and identifying recipients of such scholarships. Displays in the school building(s) related to memorial scholarships will be limited to a plaque with the name of the scholarship and the names of the recipients.

    Items may be accepted by the School Board in memory of an individual or event for installation and display outside of the school building. The Board will consider any maintenance costs to the district of such gifts. Items received become the property of the district and will be used for the purpose for which they were donated. In order to avoid unintentionally offending sensitivities, living memorials, such as planted trees, which are subject to natural decay and disease, will be strongly discouraged in favor of memorial benches and other forms of inanimate gifts.

    ADOPTED:

    REVIEWED:

    G. Personnel

    G. Personnel

    DELETED -GCG-R LONG TERM AND SHORT TERM SUBSTITUTE PROFESSIONAL STAFF EMPLOYMENT GUIDELINE

    REMOVAL FROM POLICY MANUAL: SEPTEMBER 10, 2013

    A short term substitute is defined as a day to day absence caused by illness or personal emergencies of an individual staff member. Long term substitute is defined as a teacher covering a single assignment for at least six (6) weeks.

    Rate of Pay

    1-15 days:   $75.00 per diem

    16-30 days:  $100.00 per diem (paid only after 15 consecutive days in one assignment)

    6 weeks or more:  BA base rate (if absence is known to be six weeks or more in advance, not exceeding one semester, substitute will be paid at the bachelor base scale from day one.)

    A full semester or more:  if the long term assignment is known to exceed one semester in length, pay will be at the appropriate step on the teacher index.

    Long term substitute teachers should be notified that the term of employment ceases at the scheduled termination of the regular teacher's leave. As temporary employees, long term substitutes are not covered by any terms of the teacher contract.

    Evaluation:   If a substitute is in one assignment for 6 consecutive weeks, that substitute will have one written observation by a member of the Administration.

    Cross Reference:

    Approved:

    Revised:

    Recoded:

    Removed from Policy Manual:

    G. Personnel

    GA - PERSONNEL GOALS

    The School Board recognizes that a dynamic and efficient staff dedicated to education is necessary to maintain a constantly improving educational program. The School Board is interested in its personnel as individuals and it recognizes its responsibility for promoting their general welfare of staff.

    The School Board’s specific personnel goals are:

    Adopted:

    Reviewed:

    G. Personnel

    GBEBB - STAFF CONDUCT WITH STUDENTS

    The Cape Elizabeth School Board expects all staff members, including teachers, coaches, counselors, administrators and others, to maintain the highest professional, moral and ethical standards in their conduct with students. For the purposes of this policy, staff members also include school volunteers.

    The interactions and relationships between staff members and students should be based upon:

    Staff members are expected to be sensitive to the appearance of impropriety in their conduct with students. Staff members are encouraged to discuss issues with their building administrator or supervisor whenever they are unsure whether particular conduct may constitute a violation of this policy.

    Possible Violations

    Examples of conduct by staff members that could be considered a violation of this policy include but are not limited to the following:

    Before engaging in the following activities, staff members will review the activity with their building principal or supervisor, as appropriate:

    Reporting Violations

    Students and/or their parents/guardians are strongly encouraged to notify the principal (or other appropriate administrator) if they believe a teacher or other staff member may be engaging in conduct that violates this policy.

    Staff members are required to notify promptly the appropriate building administrator or superintendent if they become aware of a situation that may constitute a violation of this policy.

    Disciplinary Action

    Staff violations of this policy shall be reviewed by the appropriate administrator and may result in disciplinary action up to and including dismissal. Violations involving sexual or other abuse will also result in referral to the Department of Health and Human Services and/or law enforcement in accordance with the Board’s Policy.

    Policy to be Included in Handbooks (or disseminated by other means)

    This policy shall be included in all employee, student and volunteer handbooks.

    Cross Reference:

    Adopted:

    Updated:

    Reviewed:

    G. Personnel

    GBEC - DRUG-FREE WORKPLACE

    The Cape Elizabeth School Board recognizes that alcoholism and drug dependency are treatable diseases. Left untreated, they may result in serious personal and family problems. At the same time, the Board is also seriously concerned about the effects of alcohol and drug dependency upon an employee's job performance and ability to serve as a role model for our students.

    The Board believes strongly that all employees and students should be able to work and learn in an environment free from alcohol and drug abuse. Accordingly, the Board expects all employees to report for work and to perform their duties in a manner which does not jeopardize the health, safety, and well-being of co-workers and students.

    Any employee who suspects that they may have an alcohol or drug dependency problem is strongly encouraged to contact their supervisor to seek voluntary diagnosis and treatment. The employee will be provided confidential referral services to an outside agency upon request and assisted in determining the extent to which insurance coverage to help pay for such services is available. All voluntary referrals shall be kept confidential.

    PROHIBITED CONDUCT

    No employee shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage, malt beverage, fortified wine, or other intoxicating liquor. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, or any other controlled substance (as defined in schedules I through V of section 202 of the federal Controlled Substance Act [21 USC§ 812]; by regulation at 21 CFR, § 1300.11 through 1300.15; and in 17-A MRSA, § 1101). This applies before, during, and after school hours, at school or in any other school system location, defined as follows:

    "School system location" means in any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school department; or during any period of time the employee is supervising students on behalf of the school system or otherwise engaged in school department business.

    Any illegal use, possession, furnishing, selling, or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph is also prohibited.

    In addition, employees (including coaches) are prohibited from selling, distributing, or promoting any performance-enhancing substances included on the banned substances list prepared by the Maine Department of Health and Human Services Office of Substance Abuse.

    FAMILY AND MEDICAL LEAVE

    The Cape Elizabeth School Department shall comply with all applicable provisions of the federal Family and Medical Leave Act of 1993 (FMLA), the Maine Family Medical Leave Law, and any other Board policies and collective bargaining agreements regarding family and medical leave.

    The Superintendent is responsible for implementing administrative procedures to comply with this policy.

    Adopted:

    Revised:

    G. Personnel

    GBGB - WORKPLACE BULLYING

    The Board is committed to providing a respectful, safe, and inclusive workplace for employees, one that is free from bullying conduct. All employees and students in the school unit, as well as parents, community members and others involved with the schools are prohibited from engaging in workplace bullying as defined in this policy.

    DEFINITION

    For the purposes of this policy, “workplace bullying” means intentional behavior that a reasonable person would expect to interfere with an employee’s work performance or ability to work. Generally, workplace bullying will involve repeated conduct. However, a single incident of egregious conduct could constitute workplace bullying. Examples of workplace bullying include, but may not be limited to:

    EXCLUSIONS

    Workplace bullying does not include the following:

    REPORTS AND INVESTIGATIONS

    Employees who believe they have been bullied in the workplace, and other persons who believe they have witnessed an incident of an employee being bullied in the workplace, are expected to report the issue to the building administrator.

    If the report is about the building administrator, the report should be made to the Superintendent/designee.

    The building administrator shall promptly notify the superintendent of all workplace bullying reports.

    Any workplace bullying report about the Superintendent should be made to the Board Chair.

    All reports of workplace bullying shall be investigated promptly and documented in writing. The person who was the subject of the alleged workplace bullying and the person alleged to have engaged in workplace bullying will be notified of the outcome of the investigation, consistent with confidentiality and privacy laws.

    DISCIPLINARY ACTION

    Any employee who is found to have engaged in workplace bullying will be subject to disciplinary action up to and including termination of employment.

    Students who are found to have engaged in bullying of an employee will be subject to disciplinary action in accordance with applicable student discipline procedures.

    Parents and others who are found to have engaged in bullying of an employee will be dealt with in a manner appropriate to the particular circumstances.

    APPEALS

    If dissatisfied with the resolution of the matter, the subject of the alleged workplace bullying or the person alleged to have engaged in workplace bullying may file a written appeal within five (5) business days with the Superintendent stating the reason for the appeal. The Superintendent will review the matter and issue a written decision within ten (10) business days. The Superintendent’s decision shall be final.

    If the matter involves employees covered by a collective bargaining agreement, any disagreement with the results of the investigation may be resolved through the agreement’s dispute resolution process.

    RETALIATION PROHIBITED

    Retaliation for reporting workplace bullying is prohibited. Employees and students found to have engaged in retaliation shall be subject to disciplinary action.

    SUPERINTENDENT’S RESPONSIBILITY

    The Superintendent shall be responsible for implementing this policy and for the development of any necessary procedures to enforce it.

    Cross References:

    Adopted:

    G. Personnel

    GBN - FAMILY AND MEDICAL LEAVE

    FAMILY AND MEDICAL LEAVE 

    The Cape Elizabeth School Department shall comply with all applicable provisions of the federal Family and Medical Leave Act of 1993 (FMLA), the Maine Family Medical Leave Law, and any other Board policies and collective bargaining agreements regarding family and medical leave. 

    The Superintendent is responsible for implementing administrative procedures to comply with this policy.

    Employees are entitled to family and medical leave under the federal Family and Medical Leave Act of 1993 (“FMLA”) or the Maine Family Medical Leave law when they meet all of the eligibility requirements of these laws. This policy sets forth several rules that must be applied uniformly to all employees who may be eligible for family and medical leave. As used in this policy, “family and medical leave” means leave available under both the federal and state laws.

    I. THE FEDERAL EMPLOYEE ELIGIBILITY PERIODS

    Employees who have been employed for at least 12 months and have worked at least 1,250 hours in the previous 12 months are eligible for FMLA leave under the federal law. (See Section III for additional school employees who are eligible for these federal FMLA benefits.)

    There are two types of eligibility periods under the federal law as described below.

    1. 12-Month Period for Birth, Adoption or Foster Care; Serious Health Condition Purposes; Qualifying Exigency

    There is a 12-month eligibility period for 12 weeks of FMLA leave taken for the following qualifying purposes:

    1. Birth and care of the newborn child of the employee;

    2. Placement with the employee of a son or daughter for adoption or foster care;

    3. Care for an immediate family member (spouse, child, or parent) with a serious health condition;

    4. Medical leave when the employee is unable to work because of a serious health condition; or

    5. Qualifying exigency leave for an employee whose spouse, child or parent is a regular member of the Armed Forces on covered active duty deployed to a foreign country or a reserve member of the Armed Forces (including National Guard) on covered active duty deployed to a foreign country under a call or order to active duty in a contingency operation. The 12-month period used to determine employee eligibility for FMLA for the purposes described above shall be the 12-month period measured forward from the date any employee’s first leave begins. 


    1. Federal 12-Month Period for Military Caregiver Leave

    There is a separate 12-month period for employees eligible for military caregiver leave of up to 26 weeks. Such leave may be taken to care for a spouse, child, parent or next of kin of an eligible service member or veteran with a serious injury or illness. This leave is calculated from the first day that leave is taken for this purpose and does not track the employer’s designated 12-month FMLA tracking period as described above. Any military caregiver leave that is not taken within the specific 12-month period is forfeited. This leave period may overlap with the usual 12-month leave period designated by the employer and in certain circumstances, this may impact the employee’s eligibility to take other types of FMLA leave.

    II. MAINE REQUIREMENTS

    1. Leave Amount and Eligibility

    Employees who have been employed for at least 12 consecutive months are eligible for leave under the Maine Family Medical Leave law. Beginning August 8, 2022, school employees who have worked at least 900 hours in the previous 12 months are also eligible for federal FMLA benefits under the same conditions as other employees eligible to receive such benefits.

    The amount of family and medical leave available to employees under the Maine law is 10 work weeks in any two-year period.

    B. Qualifying Purposes

    Leave may be used for the following qualifying purposes:

    1. Serious health condition of the employee;

    2. Serious health condition of the employee’s spouse, domestic partner, child (or child of domestic partner), grandchild (or grandchild of domestic partner), parent or sibling;

    3. Birth of the employee’s child or child of his/her domestic partner;

    4. Placement of a child 16 years of age or younger with the employee or the employee’s domestic partner for adoption;

    5. Donation of an organ for human transplant by the employee;

    6. Death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child as a member of the state military forces or United States Armed Forces (including National Guard and Reserves) while on active duty.

    III. NOTICE BY EMPLOYEE

    Employees requesting leave shall provide at least 30 days’ notice to the Employer whenever the need for such leave is foreseeable. The employee shall provide appropriate medical certification (or other certification appropriate to the particular request) supporting the leave request.

    When the Employer has reason to believe that an employee is or will be absent for an FMLA-qualifying purpose, the Employer should request the appropriate information from the employee to determine the employee’s eligibility for family and medical leave.

    IV. COORDINATION WITH OTHER LEAVE

    When leave is taken that qualifies both as FMLA and as permitted leave under any employment contract, collective bargaining agreement or policy, the employee shall use FMLA and the other type of leave concurrently, provided that the employee meets all of the eligibility requirements for each type of leave. Types of leave that shall run concurrently with FMLA include, but are not necessarily limited to accrued sick leave; vacation and compensatory time; unpaid leave; disability leave; absence for work-related injuries; and any other applicable types of leave.

    V. FITNESS FOR DUTY CERTIFICATE

    Before returning to work, employees taking FMLA for their own serious health condition shall submit a certificate from a health care provider indicating that they are able to return to work and perform the essential functions of the position.


    Cross Reference:

    ADOPTED:

    REVIEWED:


    G. Personnel

    GBN-R1 FAMILY AND MEDICAL LEAVE ACT ADMINISTRATIVE PROCEDURE

    FAMILY AND MEDICAL LEAVE ADMINISTRATIVE PROCEDURE

    1. Eligibility 

    To be eligible under the FMLA, employees must work at a site where 50 or more employees of the same school board are employed within 75 miles of that work site. An employee must have been employed by the school unit for at least twelve months and have worked at least 1250 hours in the previous twelve-month period. According to the law, teachers employed on a full-time basis are presumed to meet the minimum hours requirement.

    1. Benefit 

    Under certain conditions, eligible employees, if qualified, may be entitled to up to 12 weeks or 26 weeks leave in a 12-month period with continuing participation in the school unit’s group insurance plan. 

    The 12-month period for FMLA purposes is designated as the 12-month period measured forward from the date an individual employee’s first leave begins. 

    1. Reasons for Taking Leave 

    Unpaid leave will be granted to eligible employees for any of the following reasons: 

    1. The birth and care of a child; 
    2. The adoption or foster placement of a child with the employee;
    3. To care for a spouse, child or parent with a serious health condition; or 
    4. The employee is unable to perform the functions of their position because of a serious health condition. 

    Military Family Leave 

    1. Military Caregiver Leave 

    An eligible employee who is a relative of a service member can take up to 26 weeks in a 12-month period in order to care for a covered service member who is seriously ill or injured in the line of duty, or a veteran who is undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five years preceding the date of treatment. 

    1. Qualified Exigency Leave (applies to eligible employees with family members who are in the National Guard or Reserves, and Regular Armed Forces) 
      1. An eligible employee can take up to the normal 12 weeks of leave, if a family member who is a member of the National Guard or Reserve is called up to active duty on a contingency mission. 
      2. Qualifying exigencies include: 
        1. Short-notice deployment; 
        2. Military events and related activities; 
        3. Childcare and school activities; 
        4. Financial and legal arrangements; 
        5. Counseling; 
        6. Rest and recuperation; 
        7. Post-deployment activities; and 
        8. Additional activities agreed to by the employer and the employee. 
    2. Substitution of Paid Leave 

    Any leave taken for FMLA-qualifying purposes (including leave taken under employment policies, bargaining agreements, or contracts) shall also be applied to an employee’s annual FMLA entitlement. When paid leave taken for FMLA-qualifying purposes is exhausted, the balance of FMLA leave shall be unpaid. 

    1. FMLA Leave When Both Parents Are School Unit Employees 

    If both parents of a child are employed by Cape Elizabeth School Department, they each are entitled to a total of 12 weeks of leave per year. However, leave may be granted to only one parent at a time and if leave is taken: (1) for the birth of a child or to care for the child after birth; or (2) for placement of a child for adoption or foster care or to care for the child after placement. 

    If spouses are employed by Cape Elizabeth School Department, the aggregate number of weeks of leave that can be taken is 26 weeks in a single 12-month period for serviceperson leave or a combination of exigency and serviceperson leave. The aggregate number of weeks of leave that can be taken by a husband and wife who work for the same employer is 12 weeks if for exigency leave only. 

    1. Employee Notice Requirement 

    The employee must follow the employer’s standard notice and procedural policies for taking FMLA. 

    Except as provided elsewhere in this policy, an employee must submit an application for leave at least 30 days in advance when the leave is foreseeable or as soon as practicable if it is not foreseeable. 

    If an employee fails to provide 30 days’ notice of foreseeable leave, the leave may be delayed to start 30 days after notice is given, provided the employee had actual notice of the FMLA notice requirements. 

    When the need for FMLA leave is foreseeable fewer than 30 days in advance, or the need for FMLA leave is not foreseeable, and the employee fails to provide notice as soon as practicable, the extent to which FMLA leave may be delayed depends upon the facts of the particular case. 

    1. Medical Certification 

    A sick leave request form is to be completed whenever an employee is absent from work for more than three days or when an employee has need to be absent from work for continuing treatment by (or under the supervision of) a health care provider. 

    The school unit will require medical certification to support a request for FMLA leave because of a serious health condition (at employee’s expense). 

    If the leave request is due to the employee’s serious health condition, the employee is required to provide medical certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning the condition, and that the employee cannot perform the functions of their job. 

    If the leave request is due to the serious health condition of a family member, the employee is required to provide medical certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning the condition, and an estimate of the time the employee will be needed to care for the family member. 

    If the leave request is for leave to care for a covered service member, the employee is required to provide certification of the date on which the serious medical condition or injury commenced, the probable duration, the appropriate medical facts within the knowledge of the health care provider regarding the condition or injury, and an estimate of the time the employee will be needed to care for the covered service member. 

    1. Notice for Leave Due to Active Duty or Call to Active Duty of Family Member 

    In any case in which the necessity for leave is foreseeable, whether because the spouse or a child, or parent of the employee is on active duty or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as soon as is practicable.

    1. Employer Notice Requirement (29 C.F.R. § 825.300) 

    Employers are required to provide employees with notice explaining the FMLA through a poster and either a handbook or information upon hire. If an employee requests FMLA leave, an employer must provide notice to the employee within five business days of whether the employee meets the FMLA eligibility requirements. If an employee is not eligible to take FMLA, the employer must provide a reason. The employer must also provide a rights and responsibilities notice outlining expectations and obligations relating to FMLA leave. If the employer approves FMLA leave, it must provide the employee with a designation notice stating the amount of leave that will be counted against an employee’s FMLA entitlement. 

    1. Insurance 

    An employee out on FMLA leave is entitled to continued participation in the appropriate group health plan, provided the employee continues paying the usual premiums throughout the leave period. An employee’s eligibility to maintain health insurance coverage will lapse if the premium payment is more than 30 days late. 

    1. Return 

    Upon return from FMLA leave, the employee will be restored to their previous position or to an equivalent position with equivalent pay, benefits, and other employment terms. 

    An employee returning from FMLA leave for his/her own serious health condition is required to submit medical certification that indicates fitness to return to work and ability to perform the functions of the job. 

    If the employee is unable to return to work because of his/her own serious health condition at the end of allowable FMLA leave, the Superintendent [OR: Board] may consider a request for extension of unpaid leave and benefits on a case-by case basis. Unless an extension has been granted, failure to return to work upon the expiration of FMLA leave may subject the employee to immediate termination. 

    1. Special Rules for Instructional Employees 

    Under federal regulations, certain special rules apply to instructional employees. These rules affect the taking of leave near the end of a semester and the taking of intermittent leave or leave on a reduced leave schedule. 

    1. Interaction with Maine Law 

    When an employee is eligible for leave under both the federal and Maine statutes, the applicable law shall be the one that provides the greater benefit. 

    An employee who is not eligible for federal FMLA leave may be eligible for leave under the Maine FMLA. 

    The school unit will analyze each request to determine eligibility for federal and/or Maine FMLA leave. 

    1. Recordkeeping 

    Employees, supervisors, and building administrators will forward requests, forms, and other material to payroll to facilitate proper recordkeeping. 

     

    Adopted: 

     

    G. Personnel

    GBN-R2 MAINE FAMILY MEDICAL LEAVE ADMINISTRATIVE PROCEDURE

    MAINE FAMILY MEDICAL LEAVE ADMINISTRATIVE PROCEDURE 

    This administrative procedure covers the main provisions of the Maine Family Medical Leave Act. The school unit will analyze each employee request for leave to determine whether they are eligible under the Federal and/or State statute. When an employee is eligible for leave under both the Federal and State statutes, the applicable law with regard to each benefit shall be the one that provides the greater benefit (usually Federal FMLA). 

    1. ELIGIBILITY 

    To be eligible for Maine Family Medical Leave, employees must work at a site where there are 15 or more employees of a school board. An employee must have been employed by the same employer for 12 consecutive months and not taken such leave within the immediately preceding 24-month period or have used less than 10 weeks of family medical leave. 

    Under the Maine Family Medical Leave Act, an eligible employee is entitled to up to 10 weeks of leave during a 24-month period for the following reasons: 

    1. Serious health condition of the employee; 
    2. Birth of the employee’s child or the employee’s domestic partner’s child; 
    3. Placement of a child 16 years of age or less in connection with the adoption of the child by the employee or the employee’s domestic partner; 
    4. Serious health condition of a child, domestic partner’s child, parent, sibling, domestic partner or spouse; 
      1. Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider; 
    5. The donation of an organ of the employee for a human organ transplant; or 
    6. The death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child if the spouse, domestic partner, parent, sibling or child is a member of the state military forces as defined in Title 37-B, section 102, of the Maine Revised Statutes, or of the United States Armed Services, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty. 

    For the purpose of this procedure, “sibling” means a sibling of an employee who is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements and joint financial arrangements. 

    1. DOMESTIC PARTNER DEFINED 

    For the purpose of determining eligibility for Maine Family Medical Leave, “domestic partner” means the partner of an employee who: 

    1. Is a mentally competent adult as is the employee; 
    2. Has been legally domiciled with the employee for at least 12 months;
    3. Is not legally married to or legally separated from another individual;
    4. Is the sole partner of the employee and expects to remain so;
    5. Is not a sibling of the employee; and 
    6. Is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements, joint financial arrangements, or joint ownership of real or personal property. 

    III. ADMINISTRATION 

    1. The school unit may require certification from a physician to verify the amount of leave requested. An employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination, may submit certification from an accredited practitioner of those healing methods. 
    2. An employee requesting leave shall provide at least 30 days’ notice of the intended dates upon which the leave will commence and terminate, unless prevented by medical emergency from giving required notice. 
    3. Any leave taken for Maine Family Medical Leave qualifying purposes, including leave taken under other applicable statutes, employment policies, and collective bargaining agreements or contracts, shall also be considered leave under Maine Family Medical Leave and shall be applied to an employee’s 10-week Maine Family Medical Leave entitlement every 24-month period. When paid leave taken for Maine Family Medical Leave qualifying purposes is exhausted, the balance of Maine Family Medical Leave shall be unpaid. [OPTIONAL: The school unit and employee may negotiate for more or less leave, but both parties must agree.] 
    4. During Maine Family Medical Leave, an employee shall be permitted to continue his/her medical insurance plan, providing the employee remits the monthly premium to the Superintendent’s Office no later than the first day of the month for which the premium is due. [OPTIONAL: The school unit and employee may negotiate for the school unit to maintain benefits at the school unit’s expense for the duration of the leave.] 
    5. Upon an employee’s return to work, he/she will be restored to his/her previous position or to a position with equivalent seniority status, benefits, pay, and other conditions and terms of employment. 
    6. An employee taking Maine Family Medical Leave for his/her own serious health condition may be required to submit certification that he/she is fit to return to work and is able to perform the functions of the position. 
    7. If at the end of the allowable leave under Maine Family Medical Leave the employee is unable to return to work because of his/her own serious health condition, the Superintendent and School Board may consider a request for extension of unpaid leave and benefits on a case-by-case basis. [OPTIONAL: Failure to return to work upon the expiration of Maine Family Medical Leave may subject the employee to immediate termination unless such an extension is granted.] 
    8. An employee who is not eligible for Maine Family Medical Leave may be eligible for federal Family and Medical Leave. 

    LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE 

    Subject to the other requirements of this policy, leave taken intermittently or on a reduced leave schedule (i.e., a leave schedule that reduces the usual number of hours per workweek or hours per workday of an employee) may be taken subject to the following: 

    1. Leave for birth or placement related to adoption may not be taken intermittently or on a reduced schedule unless agreed to by both employer and employee; 
    2. Leave for a serious health condition of the employee or their child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee may be taken intermittently or on a reduced leave schedule when medically necessary; 
    3. The taking of leave intermittently or on a reduced leave schedule may not result in a reduction in the total amount of Maine Family Medical Leave to which the employee is entitled beyond the amount of leave actually taken; and 
    4. If an employee requests intermittent leave or leave on a reduced leave schedule for a serious health condition of the employee or their child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that 1) has equivalent pay and benefits, and 2) better accommodates recurring periods of leave than the regular employment position of the employee. 

    Legal Reference:

    Adopted:

     

    G. Personnel

    GBO - FAMILY CARE LEAVE

    Maine's "Act to Care for Families" requires employers who provide paid leave under the terms of a collective bargaining agreement or employment policy to allow employees to use such leave to care for an immediate family member who is ill (hereafter referred to as "family care leave") in accordance with the conditions described in this policy.

    I. Definitions

    For the purposes of this policy, the following definitions from the Act to Care for Families apply:

    1. “Employer” means a public or private employer with 25 or more employees.

    2. "Immediate family member" means an employee's child, spouse, or parent.

    3. "Paid leave" means time away from work by an employee for which the employee receives compensation, and is limited to sick time, vacation time, compensatory time, and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these same purposes. Paid leave does not include paid short-term or long-term disability, catastrophic leave, or similar types of benefits.


    II. Amount of Leave Available

    An employee may take up to 40 hours of available paid leave (or the amount provided by an applicable collective bargaining agreement if that is greater) as family care leave per 12-month period. For the purposes of this policy, the 12-month period is September 1 through August 31. An employee may not use paid leave for family care leave purposes until it has been earned. If the employee has more than one type of paid leave available under an applicable collective bargaining agreement or employment policy, the employee may specify which type and the amount of each type of leave to be used as family care leave.

    All family care leave taken by an employee shall be counted toward their entitlement under the federal Family and Medical Leave Act or state Family Medical Leave Act.

    III. Employee Notice Requirements

    Notice and verification requirements for use of family care leave shall be the same as those required by the school department for an employee's own illness. The employee must specify that leave is being taken pursuant to the Act to Care for Families.

    Cross Reference:

    Adopted:

    Revised:

    G. Personnel

    GBP - EARNED PAID LEAVE FOR NON-UNIONIZED EMPLOYEES

    The Cape Elizabeth School Department will comply with all applicable provisions of Maine's Earned Paid Leave (EPL) law, which takes effect January 1, 2021, and with Maine Department of Labor Rules governing EPL.

    The Superintendent/designee shall be responsible for developing and implementing administrative procedures to implement use of EPL under this policy. 

    Notice of the EPL law will be posted in a visible location in each workplace.

    Administrative procedures, including employee eligibility, use of leave, and employee notice requirements will be provided to employees in writing and/or through electronic communications, the school unit's employee handbook, or other suitable means.

    Cross Reference:

    Adopted:

    G. Personnel

    GBP-R - EARNED PAID LEAVE ADMINISTRATIVE PROCEDURE

    This procedure implements Maine's Earned Paid Leave (EPL) Law, 26 MRSA §637. The law takes effect January 1, 2021.

    This law requires most Maine employers - including school units - with more than 10 employees to provide earned paid leave that is accrued based on hours worked. EPL may be used for any purpose. 

    The law applies as of January 1, 2021 to non-unionized school unit employees.

    For unionized employees covered by a collective bargaining agreement that addresses paid time off, the law does not apply until the expiration of the current collective bargaining agreement. Accordingly, unionized employees should refer to the provisions for paid leave in the collective bargaining agreement and follow the school unit's procedures for requesting and/or accounting for paid leave.

    1. ACCRUAL OF EARNED PAID LEAVE

      1. Effective (beginning) January 1, 2021, employees shall accrue one hour of EPL for every 40 hours worked, beginning with the first day of employment, up to a maximum of 40 hours per year. 

    Exempt employees, e/g., teachers and administrators, will be presumed to work 40 hours per week.

      1. Employees may not use EPL until they have been employed for 120 calendar days. EPL cannot be used before it is earned and must be used in one-hour increments. 
      2. Employees employed by the school unit prior to January 1, 2021 will be eligible to use accrued EPL 120 days after their start date.
      3. The designated year for purposes of accrual and use of earned paid time off shall be July 1st-June30th.
      4. For business office accounting purposes, depending on an employee's regularly scheduled hours, up to 40 hours of EPL time may be "front-loaded" into the school unit's payroll/personnel benefits accounting system for some employees for ease of administration, but EPL may not be used until the 120-day employment requirement has been met.

    2. ALLOWABLE USES AND NOTICE REQUIREMENTS 

      1. EPL leave may be used for any purpose. Notice requirements will differ between leave for planned purposes and leave for unplanned/emergency purposes.
        1. Planned Purpose:  Employees shall provide at least four weeks' advance written notice to their supervisor to use EPL for a purpose that can be planned. Such purposes include, but are not limited to, weddings/social events, vacation, or recreational activity. Any such use of EPL shall run concurrently with any other type of paid leave for which the employee is eligible for this purpose (such as vacation or personal leave).

    In general, planned EPL should not be used for more than three (3) consecutive work days. Planned EPL cannot be used on the days immediately before and/or after a holiday or vacation period, or on any other days determined by the employees' supervisor to conflict with the school unit's operational needs.

        1. Unplanned/Emergency Purpose: EPL may be used for an emergency, illness or injury, or other sudden necessity for which the employee does not have advance notice; is beyond the employee's control to schedule; and is otherwise unforeseeable. Examples include, but are not limited to, sudden illness or injury; motor vehicle accident, unanticipated child care closure; or residential issues such as burst pipes. In such cases, the employee is required to notify their supervisor as soon as practicable in the circumstances.

    The employee's supervisor will request appropriate documentation demonstrating the necessity of using EPL for unplanned purposes if an employee requests such leave for three (3) consecutive days or more.

    Any use of such EPL shall run concurrently with any other type of paid leave for which the employee is eligible (such as sick, personal or vacation leave).

    1. CARRYOVER

    Up to 40 hours of unused, accrued EPL may be carried over to the next designated year. However, the amount of leave that an employee may accrue in that year will be reduced by the number of hours carried over. For example, if an employee carries over eight (8) hours of EPL from one year to the next the employee shall only be eligible to earn 32 hours in the second designated year.

    For employees who have earned paid leave time front loaded as of July 1st will not be entitled to carry over any unused earned paid leave to the next fiscal year and such leave shall be forfeited.

    1. SEPARATION FROM EMPLOYMENT

    Earned paid leave will not be paid out upon separation of employment, and it may not be used to extend an employee's employment beyond the last day actually worked.

    However, if the employee returns to work within one year of leaving, the accrued/remaining leave will be reinstated.

    Adopted:

    G. Personnel

    GCFB - RECRUITING AND HIRING OF ADMINISTRATIVE STAFF (ADMINISTRATORS)

    RECRUITING AND HIRING OF ADMINISTRATIVE STAFF (ADMINISTRATORS)

    The Board affirms its commitment to the strict prohibition of discrimination in employment on the basis of race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists and locks), color, sex, sexual orientation, gender identity, religion, ancestry or national origin, disability, age, pregnancy, familial status or genetic information, and to the principle of affirmative action to obtain wide and representative candidate pools.

    In accordance with 20-A MRSA, § 1001(13), the Superintendent shall prepare a procedure designed to ensure nondiscriminatory practice in recruitment and hiring for all positions requiring administrator certification, as well as to result in selection of the most qualified candidates. This procedure shall be attached hereto as GCFB-R, and shall be reviewed periodically.

    Moreover, upon each occasion of an administrator vacancy, the Superintendent shall review the procedure and make appropriate adaptations as may be warranted by special circumstances. In the case of a vacancy in the Superintendency, the School Board shall review the procedure, adapting it as appropriate.

    In accordance with 20-A MRSA, § 4502 (4-A), the school unit’s Affirmative Action Plan shall include a description of the status of the unit’s nondiscriminatory administrator hiring practice and plans for in-service training programs on protected class equity for teachers, administrators, and the School Board.



    Cross Reference:


    Adopted:


    Revised:
    G. Personnel

    GCFB-R - RECRUITING AND HIRING OF ADMINISTRATIVE STAFF (ADMINISTRATORS) ADMINISTRATIVE PROCEDURE

    These procedures implement School Board policy GCFB and are designed to establish a thorough, efficient, and nondiscriminatory practice for the recruiting and hiring of the most qualified candidates for administrator positions.

    1. Job Description Development/Review
      1. To ensure that a written role description of the vacant position accurately represents the current functions and needs, the Superintendent/designee (the Board in a Superintendent search) is to:
        1. Conduct a review of (if none exists, develop) the job description, with input from persons affected by the position;
        2. Include the criteria (skills, knowledge, abilities) required to perform the duties/responsibilities of the position; and
        3. List the minimum qualifications (training, education, and experience) for the position.
    2. Recruitment
      1. To attract a strong pool of qualified candidates, the Superintendent/designee is to advertise (except in the circumstances described in K below) by:
        1. Posting notice of the vacancy within the unit;
        2. Placing an advertisement in appropriate print and/or electronic media; and
        3. Identifying and notifying other possible sources of potential candidates, such as professional associations, educational administration programs, and placement offices at colleges and universities in Maine and other states, and the Maine Department of Education.
    3. Screening
      1. To ensure that a fair and efficient screening process will occur, the Superintendent/designee is to:
        1. Ensure that all applications are reviewed by more than one individual, with attention given to an unbiased regard for the criteria and qualifications in the job description;
        2. Appoint a screening committee with representation as deemed appropriate to the particular vacancy;
        3. Provide orientation on confidentiality and equity issues to screeners;
        4. Eliminate all candidates who do not meet the minimum qualifications;
        5. Conduct preliminary reference checks, as appropriate;
        6. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge, and abilities outlined in the job description; and
        7. Notify applicants not selected for an interview.
    4. Interviewing
      1. To ensure that the interview process will be conducted in a legal and proper manner, the Superintendent/designee is to:
        1. Appoint an interview committee (may be the same persons who serve the screening function) with representation as deemed appropriate to the particular vacancy;
        2. Provide orientation on the process including the function and extent of responsibility of the committee, the weighting of criteria, and the nomination/ hiring procedure; and
        3. Conduct training to ensure that committee members are aware of the legal aspects of interviewing, including confidentiality and equity issues.
      2. The interviewing committee is to:
        1. Design interview questions which match the criteria and the duties/responsibilities outlined in the job description; and
        2. Provide equal opportunity for the candidates to respond to the same questions/ interviewers.
    5. Selection
      1. The interview committee is to:
        1. Individually assess the candidates according to their answers to the job description-related questions, rating and/or commenting on each using a specially prepared form corresponding to the questions/criteria; and
        2. Submit to the Superintendent a list of candidates to be considered further for the position.
      2. The Superintendent/designee is to:
        1. Have reference contacts made, as appropriate, to check perceived strengths and weaknesses of the candidates;
        2. Review the material on the finalist candidates to determine whether additional information is needed;
        3. Conduct final interviews of any or all finalists, as deemed necessary;
        4. Select the most qualified candidate who fits the criteria and the duties/ responsibilities outlined in the job description, based on their own professional judgment along with those of the interview committee (or, reject all finalists, reopen the position, and begin the process anew); and
        5. Have any further reference checks made, as appropriate.
    6. Nomination/Employment
      1. The Superintendent is to:
        1. Notify and obtain agreement of the successful candidate, pending Board approval;
        2. Inform the interview committee; and
        3. Nominate and employ the successful candidate in accordance with state law and local policies.
    7. Notification
      1. The Superintendent/designee is to:
        1. Notify the nominee of the Board approval and employ the administrator; and
        2. Notify the other candidates interviewed.
    8. Orientation and Support
      To ensure that the new administrator is provided with the proper information about the system and job expectations, the Superintendent/designee is to provide an orientation that includes expectations of the duties/responsibilities of the position along with the policies and procedures of the local school unit.
    9. Record Keeping
      To ensure that the confidentiality of employee and applicant records are properly maintained, the Superintendent is to provide for the maintenance in secure files of all applications and documentation of the hiring, screening, and interviewing process for a period of three (3) years.
    10. Confidentiality
      To ensure that confidentiality is maintained throughout and permanently following the hiring process, the Board, all employees involved, and any other participants are to maintain absolute confidentiality about candidates, including names, in accordance with state law (20-A MRSA § 6101). The Board is to assume responsibility through the Superintendent for providing adequate orientation at appropriate stages of the process, including at the completion.
    11. Hiring of Current Employees
      The school unit may forego one or more of the steps set forth in sections B-E of this procedure and appoint a person who is currently employed by the unit to fill an administrator position only if the Superintendent, after consultation with the School Board, or the Board in a Superintendent search, determines that the following circumstances exist:
        1. The currently employed candidate is exceptionally well qualified for the position; and
        2. The decision to forego all or part of the recruitment and screening process will not detract from the goals of this policy.
        3. The hiring process is in compliance with the appropriate collective bargaining agreement.

    Cross Reference:

    Adopted:

    Reviewed:

    G. Personnel

    GCG - LONG-TERM AND SHORT-TERM SUBSTITUTE PROFESSIONAL STAFF EMPLOYMENT

    It will be the responsibility of the principal or the principal’s designee to assign a substitute to fill any vacancy caused by the temporary absence of a regular staff member.

    In the filling of these temporary vacancies, an effort shall be made to secure substitutes who have full certification, and at the least, training or expertise at the level or in the subject specialization of the teacher who is absent. Only fully certified substitutes shall be assigned to classes whose regular teachers are on long-term leaves of absence.

    Particular care should be taken to choose the best possible candidate with the most appropriate credentials to cover any extended absence of a regular staff member.

    Principals shall attempt to maintain as much continuity as possible by engaging one, and only one, substitute for the full period of absence of one teacher, and by calling back a substitute to serve in a classroom in which they have already performed successfully during the same term.

    Administrative guidelines will be submitted annually to the school board with regard to rates of pay per day and specific rates for short-term and long-term assignments.

    Adopted:

    Revised:

    G. Personnel

    GCGC - TEACHER JOB SHARE

    Philosophy:

    The School Board recognizes that flexibility in employment practices can be mutually beneficial to the staff and the student body. Each job-share proposal will be reviewed with the maintenance of high quality of instruction and services to students as the primary factor.

    Policy:

    The policy of the Cape Elizabeth School Board is to consider any job-share proposal on a case-by-case basis and to approve it only when the applicant(s) has demonstrated to the satisfaction of the School Board that the best interests of the Cape Elizabeth School Department will be served. Any proposal granted will be on a one-year basis only, and may be extended beyond that time at the discretion of the School Board.

    Guidelines:

    1. Job-sharing opportunities apply to full-time positions within the Cape Elizabeth School Department. A full-time teaching position will remain full time when job shared. Each employee will receive their prorated share of their negotiated step salary and benefits. Job-share participants will not have their seniority affected.
    2. Teachers in a job-share position will fulfill all required professional responsibilities in accordance with the provisions of the teacher contract and as determined by building administration.
    3. Applications for job sharing must be received by the Superintendent by March 1 of the school year prior to the year for which application is being made. At the discretion of the Superintendent, applications of an emergency nature may be considered after the March 1 deadline. Applications will include purpose and reasons for the request. The Cape Elizabeth School Board will review and approve or disapprove applications presented to them.

    Adopted:

    Revised:

    G. Personnel

    GCI - PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES

    The Board recognizes the importance of developing, maintaining, and extending the skills of staff members and encourages employees to engage in programs and activities that will lead to their professional growth and increased competence.

    The Superintendent is authorized to initiate programs and activities which are designed to serve the following purposes:

    1. To provide a structure through which staff members can stay abreast of new developments in their areas of specialty;
    2. To familiarize staff members with new research and innovative teaching methods;
    3. To assist staff members in the process of change and school improvement; and
    4. To facilitate the development, implementation and evaluation of new programs.

    Within budgetary limitations, visitations and attendance at conferences may be approved by the Superintendent in accordance with Board policy.

    Adopted:

    Recoded:

    Reviewed & Approved:

    Revised:

    G. Personnel

    GCMA - INSTRUCTIONAL STAFF PLANNING TIME

    INSTRUCTIONAL STAFF PLANNING TIME

    The School Board will make available, during the school day, individual and common planning time for teachers, consistent with the educational needs of students and within budgetary limitations.

    Within each school, the principal is responsible for scheduling of classes and planning time. To the extent possible, the principal will consult with the teachers in scheduling planning time.  Teachers will be relieved from other responsibilities during planning time and, when possible, such time shall be provided in an uninterrupted block.


    Adopted: December 15, 2020



    G. Personnel

    GCOA - SUPERVISION AND EVALUATION OF PROFESSIONAL STAFF

    A well-planned and systematic program of supervision and evaluation of performance tied to educational outcomes is vital to the ongoing improvement of the instructional program. It is the Board's responsibility to ensure that sufficient administrative time and energy are expended to supervise (observe and assist) and evaluate (measure and assess) teachers. The evaluation program shall address all aspects of teaching performance and recognize that the fulfillment of student needs is of primary importance.

    The Superintendent shall be responsible for the development, implementation and periodic review of a comprehensive program of supervision and evaluation, which shall be adopted by the Board. The program shall provide minimum standards for the number and frequency of formal performance reviews, with the understanding that probationary teachers require closer support and more frequent performance reviews.

    Probationary teachers shall be evaluated at least once in each year of their probationary employment.

    1. Criteria used for evaluation shall be in written form and made permanently available to the teacher;

    2. Evaluations shall be made by an immediate supervisor/administrator, or by other person(s) designated by the Superintendent;

    3. Results of the evaluations shall be put in writing and shall be discussed with the teacher;

    4. The teacher being evaluated shall have the right to attach a memorandum to the written evaluation; and

    5. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent's office.

    In keeping with the Board's goal of employing the best qualified staff to provide quality education for all students, all teachers are expected to participate fully in the evaluation process, self-appraisal and continuous improvement of professional skills.

    While supervision and evaluation policies and procedures are not negotiable in collective bargaining, the Superintendent is to seek appropriate involvement of staff in the development and periodic review of the supervision and evaluation program.

    ALSO SEE: Cape Elizabeth Teacher Evaluation Plan Copies in superintendent's office, administrative offices at each school or on the district website.

    ADOPTED:

    REVISED:

    Recoded:

    Reviewed & Approved:

    REVISED:

    G. Personnel

    GCOC - EVALUATION OF ADMINISTRATIVE STAFF

    The Superintendent shall implement and supervise an evaluation system for all administrative personnel. A report shall be made to the board annually on the performance of all administrators, with recommendations regarding their employment and/or salary status.

    Formal evaluations shall be made at least once a year, but more often during the first two years in an administrative capacity. They shall be conducted according to the following guidelines:

    1. Evaluative criteria for each position shall be in written form and made permanently available to the administrator;

    2. Evaluations shall be made by the Superintendent or immediate supervisor;

    3. Results of the evaluations shall be put in writing and shall be discussed with the administrator;

    4. The administrator being evaluated will have the right to attach a memorandum to the written evaluation; and

    5. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent's office.

    ADOPTED:

    Recoded:

    Reviewed & Approved:

    REVISED:

    G. Personnel

    GCQC - RESIGNATION OF SCHOOL UNIT EMPLOYEES

    The Cape Elizabeth School Board authorizes the Superintendent to accept all employee resignations. Such acceptance shall be effective when first communicated to the employee orally or in writing. Acceptance shall be confirmed in writing to the employee. The resignation and its acceptance should be reported as information to the Board at the next regular or special meeting.

    Adopted:

    Recoded:

    Revised:

    G. Personnel

    GCQE - ENROLLMENT OF NON-RESIDENT EMPLOYEES’ CHILDREN

    A goal of the Cape Elizabeth School Department (CESD) is to attract and retain quality staff. Therefore, persons who are actively employed on a full time basis by the CESD may have their children enrolled, without paying tuition, provided the administrative conditions established for all non-resident students have been met and affirmed by the Superintendent, that space is available, and that the educational needs of the student can be met with existing district programs.

    Staff requests for tuition waivers must be made annually by March 1 of the prior academic year. In all cases, the Superintendent has the ability to review special circumstances and to make a decision based on the best interest of the CESD.

    Cross Reference:

    Adopted:

    Deleted:

    Adopted:

    G. Personnel

    GCSA - EMPLOYEE COMPUTER AND INTERNET USE

    EMPLOYEE COMPUTER AND INTERNET USE

    As used herein, the term "Computer(s)" refers to any desktop, laptop, or other mobile computing device, including cellular phone, owned or issued by the Cape Elizabeth School Department (CESD) to any employee for school and/or home use. The term "Privately-Owned Computer(s)" refers to any privately-owned desktop, laptop, or other mobile computing device, including cellular phones. The term "Computer Services" refers to the School Department's network or Internet connections used to access school or Internet-based information.

    The CESD provides computers and computer services to support the educational mission of the schools and to enhance the curriculum and learning opportunities for students and school staff. This policy and the accompanying rules apply to the use of the computers and computer services whether in use at school or off school premises. Staff are allowed to use privately­ owned computers at school, provided that they comply with this policy and the related rules and policies.

    School district computers, network and Internet services are provided for purposes related to school programs and operations, and performance of employees' job responsibilities. Incidental personal use of school computers is permitted as long as such use: 1) does not interfere with an employee's job responsibilities and performance; 2) does not interfere with system operations or other system users; and 3) does not violate this policy and the accompanying rules, or any other Board policy/procedure or school rules. "Incidental personal use" is defined as use by an individual employee for occasional personal communications which do not interfere or conflict with their job responsibilities.

    Compliance with the CESD's policies and rules concerning computers and computer services use are mandatory. An employee who violates these policies and rules may be subject to disciplinary action, up to and including termination. Such violations of the school district's computer may also result in referral to law enforcement and/or legal action.

    CESD computers remain under the control, custody, and supervision of the school district at all times. The school district shall have the right to monitor, review, and have access to all computers and information concerning the use of computer services by staff, whether those computer services have been accessed on or off school grounds. Staff have no expectation of privacy in their use of school computers and/or computer services, whether they are used on or off school property.

    The Superintendent or the Superintendent’s designee is responsible for implementing this policy and the accompanying rules. Additional administrative procedures or school rules governing the day-to­-day management and operations of the school district's computer services may be implemented by the Superintendent may delegate specific responsibilities to the Technology Coordinator, building principals and others, as the Superintendent deems appropriate.

    Employees shall be informed of this policy and the accompanying rules through employee handbooks, the school website, computer start-up page and/or other means selected by the Superintendent.


    Cross Reference:    


    Adopted:

    Revised:




    G. Personnel

    GCSA-R - EMPLOYEE COMPUTER AND INTERNET USE RULES

    As used herein, the term "Computer(s)" refers to any desktop, laptop, or other mobile computing device, including cellular phone, owned or issued by the Cape Elizabeth School Department (CESD) to any employee for school and/or home use. The term "Privately-Owned Computer(s)" refers to any privately-owned desktop, laptop, or other mobile computing device, including cellular phones. The term "Computer Services" refers to the School Department's network or Internet connections used to access school or Internet-based information.

    The policy and accompanying rules apply to the use of computers and computer services whether in use at school or off school premises. Staff are allowed to privately-owned computers at school, provided that they comply with the policy and related rules and policies.

    Each employee is responsible for their actions and activities involving computers and computer services, and for their computer files, passwords, and accounts. These rules provide general guidance concerning the use of computers and computer services and examples of prohibited uses. The rules do not attempt to describe every possible prohibited activity by employees. Employees who have questions about whether a particular activity or use is prohibited are encouraged to contact a building administrator or the Technology Coordinator. These rules apply to all computer and/or school computer services regardless of how they are accessed.

    1. Access to School Computers and Acceptable Use
      The level of employee access to school computers and computer services is based upon specific job requirements and needs. Unauthorized access to secure areas of the school's computers and computer services is strictly prohibited.
      All Board policies, school rules, and expectations for professional conduct and communications apply when employees are using computers and computer services whether in use at school or off school premises.

    2. Prohibited Uses Examples of unacceptable uses which are expressly prohibited include, but are not limited to, the following:

      1. Any use that is illegal or which violates policy GCSA and/or other Board policies/procedures or school rules, including harassing, discriminatory, or threatening communications and behavior; violations of copyright laws, etc. The school district assumes no responsibility for illegal activities of employees while using school computers.
      2. Any use involving materials that are obscene, pornographic, sexually explicit or sexually suggestive, harmful to minors, or intended to appeal to prurient interests.
      3. Any communications with students or minors for non-school-related purposes.
      4. Any use for private financial, commercial, advertising, or solicitation purposes.
      5. Any use as a forum for communication with school users or outside parties to solicit, proselytize, advocate, or communicate the views of an individual or non-school sponsored organization; to solicit membership in or support of any non-school sponsored organization; or to raise funds for any non-school sponsored purpose, whether profit or not-for-profit. Employees who are uncertain as to whether particular activities are acceptable should seek further guidance from the building administrator or other appropriate administrator.
      6. Any communication that represents an employee's personal views as those of the school district or that could be misinterpreted as such.
      7. Sending mass emails to school users or outside parties for any purpose without the permission of the Technology Coordinator or district administrator, except that the school district may, at its sole discretion, provide a forum for exchanging information that could be beneficial to its employees (e.g., Buy/Sell/Exchange, Google group/email).
      8. Any malicious use or disruption of the school district's computers, network and Internet services; any breaches of security features; any failure to report a security breach; or misuse of computer passwords or accounts (the employee's or those of other users).
      9. Any attempt to delete, erase, or otherwise conceal any information stored on a school computer and school computer services that violates these rules or other Board policies or school rules, or refusing to return computer equipment issued to the employee upon request.
      10. Any attempt to access unauthorized web sites or any attempt to disable or circumvent the school district's filtering/blocking technology.

    3. Disclosure of Confidential Information Employees are expected to use appropriate judgement and caution in communications concerning students and staff to ensure that personal identifiable information remains confidential. Use of e-mail for sharing confidential information must comply with FERPA.

    4. Employee Volunteer Responsibility to Supervise Student Computer Use Employees and volunteers who use school computers with students for instructional purposes have a duty to supervise such use and to enforce the school district's policies and rules concerning student computer use. When, in the course of their duties, employees or volunteers become aware of a student violation, they are expected to stop the activity and inform the building administrator consistent with the educational mission and curriculum and instructional goals.

    5. Compensation for Losses, Costs, and/or Damage
      An employee is responsible for compensating the school district for any losses, costs or damages incurred by the school district for violations of Board policies and school rules while the employee is using school district computers and school computer services, including the cost of investigating such violations. The school district assumes no responsibility for any unauthorized charges or costs incurred by an employee while using school district computers and school computer services. CESD will be responsible for accidental damage to employee computers that occur through normal use of their job functions.

    6. Additional Rules for Use of Privately-Owned Computers by Employees

      1. Employees are permitted to use privately-owned computers in school provided that they comply with the policy and rules governing computer and Internet use, there is a suitable educational basis for the request, and the demands on the school district's network or staff are reasonable. In addition, if requested, the employee must provide to the Technology Coordinator such information as IP addresses and login passwords to enable enforcement of all policies and rules regarding use of computer services.
      2. The technology staff has the authority to determine whether use of an employee's privately-owned computer would place an undue burden on or could interfere with the computer services.
      3. The employee is responsible for proper care of their privately-owned computer including any costs of repair, replacement, or any modifications needed to use the computer at school.
      4. The school district is not responsible for damage, loss, or theft of any privately-owned computer.
      5. Employees have no expectation of privacy in their use of computer services while using a privately-owned computer at school.
      6. Employees are required to comply with all Board policies/procedures and school rules while using school computer services on privately-owned computers at school or elsewhere.
      7. Violation of any Board policies, administrative procedures, or school rules involving an employee's use of computer services or a privately-owned computer may result in the revocation of the privilege of using the computer at school and/or disciplinary action.
      8. The school district may seize any privately-owned computer used by an employee in school without authorization as required by these rules and the contents of the computer may be searched in accordance with applicable laws and policies. The computer will be returned to the owner when it is no longer needed for investigatory or evidentiary purposes.

    CESD may utilize all information provided in Fl above to review, monitor, and/or have access to an employee's private computer at any time, without prior notice, to determine if an employee is using the school computer services on an employee's privately-owned computer in compliance with all applicable policies and rules of the school.

    1. Violations
      A violation by the employee of the school's policies and rules or use of school computer services shall subject the employee to such disciplinary action as the Superintendent believes is appropriate including, but not limited to, loss of use of school computers and/or school computer services.

    Cross Reference:

    Adopted:

    Revised:

    G. Personnel

    GDO - SUPPORT STAFF EVALUATION

    The Board recognizes that thorough, regular appraisal of support staff performance is critical to the realization of district goals. The primary purpose of personnel evaluation is the growth of individual staff members, the strengthening of the school staff as a whole, and improvement of support services provided.

    The Superintendent is responsible for developing administrative guidelines.

    Adopted:

    Revised:

    I. Instruction

    I. Instruction

    AC-R- GRIEVANCE PROCEDURE FOR PERSONS WITH DISABILITIES

    GRIEVANCE PROCEDURE FOR PERSONS WITH DISABILITIES

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

    Questions about this grievance procedure should be directed to the ADA/504 compliance coordinator as listed on the Cape Elizabeth School Department (CESD) website: https:www.cape.kl2.me.us


    Step One:

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

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


    Step Two:

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

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

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

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

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

    Questions about other legal avenues available for persons with disabilities to pursue compliance concerns under various disabilities laws should be directed to the ADA/504 compliance coordinator.

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


    Reviewed:

    November 13, 2018


    Adopted:






    I. Instruction

    ICAA - RELIGIOUS HOLIDAYS

    Our school department has a long and positive history of respecting family needs within educational programming. This directive officially requests that no major examinations or school-sponsored co-curricular activities be conducted during the school day and that the introduction of new course work be minimized on dates when students of various faiths are absent in observance of Holy Days. Examples of these days are Rosh Hashanah, Yom Kippur and Good Friday.

    As Amended:

    Reviewed:

    Recoded:

    Adopted:

    I. Instruction

    IGA - CURRICULUM DEVELOPMENT

    The mission of the Cape Elizabeth School Department (CESD) is to “empower students with the academic, personal, and social knowledge and skills needed to build fulfilling and engaged lives”. As the world changes, so too do the knowledge and skills demanded of our students. To ensure the continued success of our mission, it is imperative that existing programs and practices be regularly reviewed, evaluated, and revised.

    Therefore:

    1. Each content area will develop curriculum that is aligned to the Maine Learning Results, including the Guiding Principles, and coordinated K-12.
    2. Administrators and faculty will be sensitive to changing conditions that may require modifications in curriculum.
    3. All programs and practices will be subject to ongoing review, evaluation, and revision to ensure that they meet the instructional need of students.
    4. The school system will undertake intensive curriculum development as needed and provide the requisite resources, including instructional materials and professional development.
    5. The Superintendent and Assistant Superintendent will take the lead in setting district curricular goals in accordance with state mandates, educational research, and community values and aspirations, and in developing plans to achieve them. Principals will be responsible for the implementation of curriculum in their schools.
    6. Curriculum development and revision will be accomplished with the appropriate involvement of administrators, faculty, students, community, and the Board.
    7. The Board will review and approve all substantive curriculum changes prior to implementation.
    8. The Superintendent and Assistant Superintendent will report annually, or as otherwise requested, to the Board on the status of curriculum.

    Adopted:

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    Adopted:

    I. Instruction

    IHBA - INDIVIDUALIZED EDUCATION PROGRAMS

    It shall be the policy of the Cape Elizabeth School Department (CESD) to maintain a complete individualized education program (IEP) for each student who has been identified with a disability and in need of special education services under state and federal special education laws, and who attends Cape Elizabeth public schools. The CESD shall develop these IEPs in a manner consistent with the procedural requirements of state and federal special education laws.

    Student IEPs shall be reasonably calculated to provide the identified student with educational benefits in the least restrictive educational environment. The CESD shall ensure that such IEPs are in effect within 30 days of when a student is first identified as in need of special education services, and in effect no later than the beginning of each school year for subsequent IEPs. All IEPs must be reviewed at least annually, as prescribed by state and federal special education laws.

    Adopted:

    Revised:

    Reviewed:

    I. Instruction

    IHBAA - REFERRAL/PRE-REFERRAL OF STUDENTS WITH DISABILITIES

    It shall be the policy of the Cape Elizabeth School Department (CESD) to refer all school-age students suspected of having a disability that requires special education to the IEP (Individual Education Program) team for an evaluation in all suspected areas of disability. Referrals of students to the IEP team may be made by parents at any time, and by professional school staff and by other persons knowledgeable about the child’s educational needs. The referral may be made regardless of the results of the initial child find activities, and/or in accordance with procedures in the general education intervention process. Other individuals or agency representatives (including representatives of the Department of Health and Human Services) with knowledge of the child may also make referrals. Any such referral should be made in accordance with procedures that may be approved by the Superintendent of Schools.

    Regardless of the source of the referral, a referral will be considered received by the school department on the date that the written referral is received by the office of the Director of Special Services. It shall be signed and dated by the Director of Special Services or designee thereby indicating the date of the receipt of that referral.

    The Superintendent of Schools, in consultation with the Director of Special Services, may develop procedures for referral and the use of general education interventions within the local school unit, and may from time to time amend those procedures as necessary.

    Cross Reference:

    -IHBAC - Child Find -IHBAA-R - Referral Procedures and General Education Interventions

    Adopted:

    Revised:

    Reviewed:

    I. Instruction

    IHBAA-R (PROCEDURE)- REFERRAL/ PROCEDURES AND GENERAL EDUCATION INTERVENTIONS

    The Cape Elizabeth School Department shall refer to the Individual Education Program (IEP) Team all school age students suspected of having a disability that requires special education and related services. Referrals to the IEP Team may be made by a child's parent, by professional school staff, or by others with knowledge of the child. Referrals should be made and processed consistent with these procedures.

    1. Referrals by Parents

    A parent may refer his or her child to the IEP Team at any time. That referral shall be made in writing directly to the office of the Director of Special Services. Should the parent seek to make a referral through other professional staff (such as teachers, guidance counselors, or administrators), that professional staff member shall directly assist the family in making the referral in writing to the office of the Director of Special Services. Should a parent attempt to make a referral orally, professional staff shall assist the parent in reducing that referral to writing and submitting it to the office of the Director of Special Services

    A parent referral shall be processed consistent with these procedures and governing timelines even if the child is receiving interventions pursuant to the school department’s general education interventions. Those pre referral procedures shall continue during the referral process, however.

    1. Referrals by Staff

    Any professional employee of the school unit may refer a child to the IEP Team regardless of the results of initial child find activities, but only after completion of any general education intervention process used by the school unit. The school unit may move directly forward with the referral process in those circumstances where the school unit and parent agree to do so. Even in that situation, however, general education interventions will continue during the referral process.

    Professional school staff shall prepare a referral in writing and shall submit that referral directly to the office of the Director of Special Services.

    1. Referrals by Others

    Individuals or agency representatives (including representatives of the Department of Health and Human Services) with knowledge of the child may refer that child to the IEP Team regardless of the results of initial child find activities but only after completion of any general education intervention process used by the school unit. The school unit may move directly forward with the referral process in those circumstances where the school unit and parents agree to do so.  Even in that situation, however, general education interventions will continue during the referral process.

    Should such a person attempt to make a referral orally, professional staff shall assist that person in reducing that referral to writing and submitting it to the office of the Director of Special Services.

    1. Receipt of Referral

    Regardless of the source of the referral, a referral is received by the school unit on the date that the written referral is received by the office of the Director of Special Services It shall be signed and dated by the Special Services Director/designee, thereby indicating the date of the receipt of that referral.

    1. Time Line for Processing Referral

    Once the referral has been received in the office of the Director of Special Services, the IEP Team shall review existing evaluation data and determine the need for additional evaluations. The IEP Team may conduct its review without a meeting. If additional evaluations are needed, a "consent to evaluate" form must be sent to the parent/guardian within 15 school days of receipt of the referral.  Also upon receipt of the referral (from any source), a written notice form documenting that referral shall be sent to the parent/guardian.

    Once the office of the Director of Special Services receives the signed consent for evaluation back from the parent, the local unit shall have 45 calendar days to complete the evaluation and to hold an IEP Team meeting to determine whether the student qualifies for special education services. If the student is identified as a child with a disability in need of special education, the Team should develop an IEP for that child either at that same meeting or within 30 calendar days of determining that the student is eligible.

    The local unit shall implement the IEP as soon as possible following the IEP Team meeting when the child is found eligible, but no later than 30 calendar days after that meeting.

    1. Transfer Students

    Students who have already been identified as in need of special education services and who transfer into the school unit from another school unit within Maine (and who had an IEP that was in effect in a previous school unit in Maine) shall, on enrollment and in consultation with the parent/guardian, be provided with FAPE (including services comparable to those described in the child's IEP from the previous school unit) until the local unit either adopts the child's IEP from the previous unit or develops, adopts, and implements a new IEP.

    Students who have already been identified as in need of special services and who transfer into the school unit from another school unit from outside of Maine (and who had an IEP that was in effect in a previous school unit in another state) shall, on enrollment and in consultation with the parent/guardian, be provided with FAPE (including services comparable to those described in the child's IEP from the previous school unit) until the local unit conducts an evaluation (if determined to be necessary by this school unit) to determine whether the student is eligible for special education and, if so, develops, adopts, and implements a new IEP.

    If the transfer student's current IEP from his or her prior school unit is not available or is believed to be inappropriate by either the parent/guardian or the school, the local unit should develop a new IEP through appropriate procedures within a short time after the student enrolls at the school.

    If a child transfers into the school unit after the referral timeline has begun in the previous school unit but before an eligibility determination has been made, the timeline referenced above for completing that process shall not apply if the local unit is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and school unit agree to a specific time when the evaluation will be completed and the eligibility decision made.


    General Education Interventions

    General education interventions are general education procedures involving regular benchmark assessment of all children, using curriculum based measurements, to monitor child progress and identify those children who are at risk of failing.  Children who are at risk receive responsive interventions in the general education program that attempt to resolve the presenting problems of concern. General educators are encouraged to confer with specialists and teaching professionals, but general education personnel are responsible for the implementation of the intervention.

    Cape Elizabeth School Department shall implement general education interventions.  These interventions shall include:

    a. Documentation that every child, prior to entering the general education intervention process, was provided with appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965 (ESEA), appropriate mastery based instruction in math, appropriate instruction in the writing process, and positive behavioral supports;

    b. A team-based decision-making process;

    c. Screening at reasonable intervals to determine whether all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements;

    d. Data Analysis of screening results focusing on determining to what extent all children are progressing toward meeting the content standards of the parameters for essential instruction and graduation requirements and identifying which children are not making adequate progress towards these goals and are in need of targeted general education interventions;

    e. A determination as to whether a child’s assessed difficulties are likely the result of linguistic or cultural differences;

    f. Provision of research-based general education interventions targeted at the child’s presenting academic and/or behavioral concerns as determined by screening results;

    g. Repeated formative assessments of student response to targeted interventions, conducted at reasonable intervals, that generate rate based measurable data for both specifying academic and behavioral concerns and monitoring child progress during general education interventions;

    h. Documentation that parents were notified about the process, given the opportunity to participate in instructional decision-making, and kept informed of their child’s progress during targeted general education interventions;

    i. A team shall review the child’s progress no later than 60 school days after the start of formal general education interventions and approximately every 30 school days thereafter. At each meeting the team shall review data on the child’s progress to determine if modifications to the general education interventions are needed and/or if a referral to special education is indicated: and

    j. Provisions for targeted general education interventions to continue during any subsequent special education referral.

    The parent of a child receiving general education interventions may request that the agency conduct a full and individual evaluation for possible special education eligibility determination at any time during Cape Elizabeth School Department’s established general education intervention process. 

    The general education interventions developed through this pre-referral process shall continue in the event of a referral while the referral is being handled by the IEP Team, and the resulting data shall become part of the child’s special education file.



    Cross Reference:


    Adopted:    
    Approved for deletion:
    Adopted:
    I. Instruction

    IHBAC - CHILD FIND

    Cape Elizabeth School Department (CESD) seeks to ensure that all children within its jurisdiction are identified, located and evaluated who are school-age (5 through the school year in which they turn 22) and who are in need of special education and supportive assistance. This includes homeless children, state wards, state agency clients, students who have been suspended or expelled, children attending private schools receiving home instruction, children incarcerated in county jails, children who have the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year, highly mobile children (including migrant or homeless), and children who are suspected of being disabled and in need of special education and supportive assistance even though they are advancing from grade to grade.

    The school unit’s Child Find responsibility shall be accomplished through a unit-wide process which, while not a definitive or final judgement of a student’s capabilities or disability, is a possible indicator of special education needs. Final identification of students with disabilities and programming for such students occurs only after an appropriate evaluation and a determination by the IEP team.

    The school unit shall provide Child Find during the first 30 days of the school year or during the first 30 days of enrollment for transfer children, in addition to other Child Find activities provided by the school unit.

    This Child Find process shall include obtaining data on each child through multiple measures, direct assessment, and parent information regarding the child’s academic and functional performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing and cognitive skill. CESD may schedule Child Find activities during its annual kindergarten enrollment to assist in planning for necessary special education and related services at the start of the school year. If screening occurs in the spring prior to school entry, CESD will refer the child to the regional CDS site within 10 school days.

    If the Child Find process indicates that a student may require special education and supportive services in order to benefit from regular education, the student shall be referred to the IEP team to determine the student’s eligibility for special education services.

    School staff, parents, or agency representatives or other individuals with knowledge of the child may refer children to the IEP if they believe that the student, because of a disability, may need special education and supportive services in order to benefit from regular education. Such a referral should follow the school unit’s pre-referral and referral policy.

    Reviewed:

    Adopted:

    I. Instruction

    IHBB - GIFTED AND TALENTED

    Education should provide each gifted and/or talented learner with varied programs that challenge and motivate them to reach their fullest potential. The Board directs the Superintendent, or the Superintendent’s designees to develop and implement appropriate programs in compliance with applicable laws and regulations.

    Adopted:

    I. Instruction

    IHBEA - ENGLISH LEARNERS

    The School Board recognizes the need to provide a program for students who are English learners in order to assure these students of equal educational opportunity.

    To that end, the Superintendent shall be responsible for developing and implementing a "Lau Plan" to meet the needs of students who are English Language/Multilingual learners, including procedures for identification, assessment, programming, monitoring of progress, exit/reclassification, follow-up, and parent notification. A Language Assessment Committee shall be appointed to assist in the coordination, oversight and periodic review of the program.

    The Lau Plan shall be approved by the Board before it is submitted to the Maine Department of Education.

    At the beginning of each school year, Cape Elizabeth School Department will notify parents/guardians of students identified for or participating in programs for English language/Multilingual learners about the instructional program and parent rights, as required by law. Parents will be regularly informed of their child's progress. Whenever practicable, communications with parents will be in the language understood by the parents.

    Cross Reference:

    Adopted:

    Revised:

    I. Instruction

    IHBG - HOME INSTRUCTION PROGRAM

    A student may be excused from attending public school if the student obtains equivalent home instruction through a home instruction program that complies with applicable Maine laws.

    Written Notice of Intent

    The student's parent or guardian must provide a written notice of intent to provide home instruction simultaneously to the Cape Elizabeth School Department (CESD) Superintendent and the Maine Commissioner of Education within ten (10) calendar days of the beginning of home instruction. The notice must contain all of the information required by law.

    Annual Assessment of Student Progress

    The law requires that students in a home instruction program participate in an annual assessment of the student's academic process. If the test is administered through the school district where the student resides, the parent or guardian must obtain the agreement of the Superintendent or designee prior to submitting the written notice of intent to provide home instruction.

    On or before September 1 of each subsequent year of home instruction, the student's parent or guardian shall file a letter with the CESD Superintendent and the Maine Commissioner of Education stating the intention to continue providing home instruction and enclosing a copy of one of the forms of annual assessment of the student's academic progress as specified by law.

    Roster of Students Receiving Home Instruction

    The Superintendent shall maintain a roster of all students eligible to attend school within the district who are receiving home instruction.

    Cross Reference:

    Adopted:

    Revised:

    I. Instruction

    IHBGA - HOME SCHOOLING - PARTICIPATION IN SCHOOL PROGRAMS

    The Cape Elizabeth School Board acknowledges the provisions for equivalent instruction under Maine law. The Board further recognizes the Legislature's statement “that the term 'equivalent' is intended to mean meeting state standards for alternate or other instruction and is not intended to mean the same as the education delivered in the public-school system.”

    In addition, it is the intention of the Board to “cooperate in the home instruction of any child who resides in the school administrative unit to the degree that the level of cooperation does not interfere with the responsibilities to the students enrolled in Cape Elizabeth School Department (CESD)'s regular programs.” Furthermore, participation of students in such school programs shall be limited to home-schooled students whose home instruction programs are in compliance with applicable Maine law and Department of Education regulations.

    In order to maintain an efficient and orderly school program, the Board directs the Superintendent/designee to develop procedures, as appropriate, regarding the availability of school system resources and services to home-schooled students who would otherwise be eligible to attend school in CESD. The procedures shall be in accord with the following provisions.

    1. PROVISIONS OF INFORMATION

      At the request of the student or the student's parent/guardian, the CESD shall make available to home-schooled students, in a form determined by the school, information regarding access to public school activities and attendance at CESD. The information must include:

      1. Requirements regarding initial health and development screening for motor skills, vision, hearing, and immunization; and
      2. Criteria for participation of home-schooled students in curricular, co-curricular, and extracurricular activities.

    2. PERMITTED PARTICIPATION

      1. Participation in Regular Classes: Home instruction students may enroll in specific, day-school classes provided that the student's attendance is regular, the class is deemed to be age and grade appropriate, and all prerequisite course requirements are met. In addition, the following shall also apply:
        1. The student or the student's parent/guardian on the student's behalf, shall apply in writing to and receive written approval from the Superintendent/ designee. Approval may not be unreasonably withheld.
        2. The student shall demonstrate prior satisfactory academic achievement consistent with CESD policy and procedures applicable to all students.
        3. The student shall comply with behavioral, disciplinary, attendance, and other classroom rules applicable to all students. If a student fails to comply, the school may withhold credit or terminate the student's participation.
        4. Transportation must be provided by the parent/guardian or student. However, the student may use the same transportation as all other students in the school department as long as additional expenses are not incurred and vehicle capacity is not exceeded.
        5. The student shall complete all assignments and tests as required of all students in the same class.
      2. Course Auditing: Home instruction students may audit a course(s) provided the following conditions have been met:
        1. The student or the student's parent/guardian, on behalf of the student, shall apply in writing to and receive written approval from the Superintendent/ designee to audit a specific course or courses. Participation may not be unreasonably withheld.
        2. The student agrees to meet established behavioral, disciplinary, attendance, and other classroom rules applicable to all students. If a student fails to comply, the school may terminate participation.

    3. SPECIAL EDUCATION SERVICES

      Special Education services will be available to eligible special education students in accordance with applicable federal and state laws and regulations.

    4. ADMISSION TO REGULAR PROGRAM/PLACEMENT

      A student who has been receiving home-school instruction and who seeks admission or readmission to the regular school program will be placed in a grade commensurate with the level of the student's academic achievement. Placement must be guided by the following:

      1. Grade level placement is determined by the principal, in consultation with the appropriate school staff, based upon, but not limited to, such factors as the student's completed curricula and record of achievement, conferencing with the student's parent/guardian and administration of tests, if determined necessary.

      The final grade placement decision shall be made by the principal.

    5. USE OF SCHOOL TEXTBOOKS AND LIBRARY BOOKS

      Subject to availability, a student receiving home instruction may use school textbooks, if the number of particular copies are sufficient, and library books owned by the school department, subject to the following conditions:

      1. The use does not disrupt regular student, staff, or special program functions.
      2. The student's sign-out period for a library book is the same as that applicable to regularly enrolled students.
      3. The student may sign out a textbook for a period not exceeding one school year.
      4. The parent/guardian and student agree to reimburse the school department for lost, unreturned, or damaged library books and textbooks and for consumable supplies used.

    6. USE OF SCHOOL FACILITIES AND EQUIPMENT

      A student receiving home-school instruction may use public school facilities and equipment on the same basis as regularly enrolled students if the following conditions are met:

      1. The use does not disrupt regular school activities.
      2. The use is approved by the school principal in accordance with established school policy.
      3. The use does not create additional expense to the School Department.
      4. The use is directly related to the student's academic program.
      5. The use of potentially hazardous areas, such as shops, laboratories, and gymnasiums, is supervised by a qualified employee of the school department approved and approved by the Superintendent.

    7. MAINE EDUCATIONAL ASSESSMENT AND SAT/MHSA

      If a parent of a student in an equivalent instruction program requests to have the student participate in the Maine Comprehensive Assessment System, such request must be granted. Participation in such examinations must be in compliance with all rules and procedures governing testing conditions and must be in compliance with all rules and procedures governing testing conditions in the school unit.

    8. ACADEMIC CREDIT

      A student receiving home-school instruction must receive academic credit subject to the following requirements:

      1. Academic credit for individual courses must be awarded if the student meets required academic standards applicable to all students enrolled in the same course.
      2. Academic credit must be awarded for successful completion of alternative instruction opportunities sponsored by the school and available to all students.

    9. HIGH SCHOOL COURSE CREDITS AND DIPLOMA ELIGIBILITY
      The following standards govern the awarding of course credits and a graduation diploma to a student receiving home-school instruction who seeks admission or readmission to the high school:

      1. A student shall earn high school credits for satisfactory completion of courses in the high school pursuant to 20-A MRSA § 5021(2)(A).
      2. A student may earn credit for course work completed through home-schooled instruction if the principal determines both in advance and, upon completion of the course, that the course satisfies the requirements for awarding the credit. The principal may direct that the student undergo a test or tests to assist in making a determination relative to the awarding of credit.
      3. Requests for transfer credit for equivalent instruction completed at non-approved private schools, at private schools that elect not to meet requirements under 20-A MRSA § 2901, or through other equivalent instruction programs must be evaluated on the merits of the documentation provided. The principal and guidance staff shall conduct these evaluations on request made by the student or the student's parent/guardian. The principal may direct that the student undergo a test or tests to assist in making a determination relative to the awarding of credit.
      4. Awarding of a high school diploma by the local school is conditioned upon the student's demonstration of having satisfied all specific course credit and other requirements established by the Board. The Board may establish resident credit requirements as a precondition for the awarding of a local school department diploma.

    10. PARTICIPATION IN CO-CURRICULAR ACTIVITIES

      Students receiving home-school instruction may participate in co-curricular activities such as field trips, assemblies, and academically-related fairs provided:

      1. Prior written permission is obtained from both the parent/guardian and the principal; and
      2. The student has agreed to meet established behavioral, disciplinary, attendance, and other rules applicable to all students.

    11. PARTICIPATION IN EXTRACURRICULAR ACTIVITIES

      Students receiving home-school instruction are eligible to try out for extracurricular activities sponsored by the school department provided the student applies in writing if the following requirements are satisfied.

      1. 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.
      2. 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 department. The school principal is authorized to collect from the student's parent/guardian actual samples of coursework (e.g. homework, examinations, etc.) as the principal deems necessary in order to make the determination that the necessary academic standards have been met.
      3. 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.
      4. The student abides by the same transportation policy as regularly enrolled students participating in the activity.

    12. APPEALS

      Appeals from administration and application of this policy are heard by the Board, whose decision is final and binding. Appeals that question whether this policy complies with legal requirements must be made to the Maine Commissioner of Education, whose decision is final and binding.

    Cross Reference:

    Adopted:

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    I. Instruction

    IHCDA - POST-SECONDARY ENROLLMENT OPTIONS

    This policy establishes the requirements for student enrollment in post-secondary courses taken before high school graduation.

    Eligible Institutions

    Students may take courses at eligible post-secondary institutions within Maine, which include the University of Maine System, the Maine Community College System, and Maine Maritime Academy. Students may take courses offered through the DOE Distance Learning Network or the internet if such participation is approved by the post-secondary institution.

    Students may be allowed to take courses at private colleges or other institutions, including courses offered through the DOE Distance Learning Network or the internet. Responsibility for all costs associated with any courses taken at private colleges will rest with the student and the student’s parent(s).

    Any such requests shall be considered on a case­ by-case basis to the extent that funds are available and the requirements of this policy are met.

    Student Eligibility Requirements

    A student may take no more than one course per semester and two courses per academic year.

    A student must meet the following criteria prior to enrolling in a post-secondary course:

    1. Have a minimum of a B average (or 3.0) in the student’s courses overall, unless the eligible institution has waived the minimum grade/grade point requirement;
    2. Meet the course admission standards of the eligible institution;
    3. Provide evidence of parent/guardian approval for taking the course; and
    4. Receive a recommendation to take a post-secondary course or courses from the school administration or one of the student's secondary school teachers following an assessment of the student by the administration.

    A student enrolled in grade 11 or 12 who does not have a B average (or 3.0) in their courses overall is eligible to take a post-secondary course provided that the student:

    1. Has been assessed and received a recommendation to take the course from the school administration or from a secondary school teacher; and
    2. Has been approved for participation in the course by an eligible institution.

    Awarding of Credits

    The eligible institution shall grant full credit to any student who successfully completes a course.

    High school graduation credit for a course taken under this policy shall be awarded as follows:

    1. The course must meet for a minimum of one semester or for an equivalent number of credit hours.
    2. The course must meet any applicable Learning Results standards.
    3. The student must earn a passing grade in the course.
    4. Attendance must satisfy the instructor's requirements.
    5. If the above criteria are met, the student shall receive five (5) high school credits for each 45-credit hour course.
    6. The weight assigned to grades received in post-secondary courses approved pursuant to this policy shall be determined on a case by case basis by the Principal and the Guidance Director depending on the circumstances of the student' s taking the class and the course description and expectations. There shall be no presumption that grades in approved courses shall receive weight simply because they are offered by a post-secondary institution.

    Financial Assistance

    1. The Maine Department of Education shall pay applicable tuition costs (up to the limits of legislative appropriation) for any student enrolled in a course under this policy if the eligible institution requires tuition payment.
    2. The student and their parent/guardian are responsible for paying for all textbooks, course fees, and transportation costs.

    School District Reporting Requirements

    The Superintendent shall make parents and students aware of post-secondary enrollment options through handbooks or other appropriate means.

    Adopted:

    Revised:

    I. Instruction

    IIB - CLASS SIZE

    The Cape Elizabeth School Board recognizes that a relationship exists between class size and pupil achievement. This relationship varies across grade levels, among subjects, and by methods of instruction. Therefore, average class size in grades K-8 and student loads in grades 9-12 shall be determined by several different variables, including grade level, subject, particular needs of the student, learning objectives, instructional methods, input of staff, budgetary constraints, and available space.

    Maintaining class size/student loads within the ranges below maintains educational quality and the School Department’s ability to attract and retain the best possible teachers for Cape Elizabeth’s young people. The Board seeks to balance this interest with the cost of the education of our students.

    Keeping the above in mind, the following recommendations shall serve as the general guide for average class sizes K-12:

    Higher class sizes may occur for large group instruction in grades 5-12 for special classes, including physical education and instrumental and/or choral music. Smaller class sizes may also occur for specialized courses such as where the elimination of such course might jeopardize student access to future courses or the program itself.

    If a class/student load exceeds the recommended size, the Superintendent shall consult with the appropriate building administrator and review the situation before deciding whether to take such steps as hiring additional personnel or using other resources. If a high school or middle school class enrollment falls below 10, the Superintendent shall consult with the principal and decide whether to continue or eliminate the course. The Superintendent will inform the School Board of any decision in this area, and Board approval will be required to hire any additional teacher(s).

    The ranges are general guidelines and shall not be considered as minimum or maximum limits. Additionally, the Board recognizes that student load, not class is another important consideration for teachers at the secondary level. Therefore, school administrators of these grade levels will seek to maintain average full-time teacher loads of between 75 and 90 students.

    Adopted:

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    Reviewed:

    Revised:

    I. Instruction

    IJJ - SELECTION OF EDUCATIONAL MATERIALS

    Definitions:

    Chapter 127 of the Maine Department of Education defines "instructional materials" to include “textbooks and other print materials, software and other electronic materials, and supplies and other materials to support implementation of the system of Learning Results.” "Library-media resources" include “books, written materials, online internet resource materials, multimedia materials and information technology that support the school unit's curriculum.”

    Selection of Materials:

    The Superintendent, in consultation with administrators and professional staff, is responsible for selecting appropriate educational material (including instructional materials and library-media resources). The Superintendent is responsible for developing any administrative procedures necessary to guide the review and selection of educational materials, and may delegate specific responsibilities to staff as the Superintendent deems appropriate. All administrative procedures must be consistent with this policy. The Superintendent is expected to keep the Board informed about educational materials purchased for the school unit.

    Criteria for Selection:

    Quality educational materials and resources are essential to student learning and supporting the school unit's educational goals and objectives.

    Instructional and library media materials selected should:

    1. Support student achievement of the content standards of the system of Learning Results;
    2. Support the goals and objectives of the school unit's educational programs;
    3. Enrich and support the curriculum;
    4. Take into consideration the varied interest, abilities, and maturity levels of the students served;
    5. Foster respect and appreciation for cultural diversity and varied opinions;
    6. Stimulate growth in factual knowledge, literary appreciation, aesthetic values, ethical standards, and critical analysis;
    7. Provide information that will enable students to make informed decisions in their daily lives;
    8. Be accurate and current;
    9. Reflect high quality scholarship and presentation;
    10. Represent significant authors/composers and works; and
    11. Be affordable.

    Selection Procedure:

    The highest priority shall be meeting the instructional needs of the individual schools. In meeting this priority, preference shall be given to basic learning materials, i.e., those that are the predominant instructional materials used at particular grade levels or courses and/or are essential to student achievement of Learning Results content standards.

    Before selecting/recommending materials for purchase, professional staff should evaluate the existing collection, consult with staff from appropriate departments and/or grade levels, personally review the material, and obtain recommendations/reviews regarding the material from appropriate reputable sources.

    In accordance with state regulations, social studies and science textbooks should not be older than five years unless up-to-date supplemental instructional materials are also available.

    Multiple copies of materials should be purchased as needed and within budgetary constraints. Worn or missing materials should be replaced as needed. Outdated materials or materials that are no longer in demand should be withdrawn from the collection and/or circulation.

    Donated Materials:

    Gift materials are judged by the same criteria as materials selected by the school staff and in accordance with any applicable Board policies or procedures on gifts and donations.

    Inspection of Materials by Parents and Opt-Out Requests:

    A student's parent/guardian may inspect, upon request, any instructional or library media materials used as part of the curriculum. Such requests shall be made to the appropriate teacher or the library media specialist. Access to the materials shall be provided within a reasonable time after such a request is made. The Superintendent may develop any administrative procedures necessary to implement this policy.

    If a parent/guardian wishes to restrict their child's access to particular instructional materials, the procedure in Board policy IMBB shall be followed.

    Challenged Materials Procedure:

    This procedure applies only to requests to remove materials from the school's collection or curriculum. Individual exemption requests are subject to Board policy IMBB. In the event that a student, parent, staff, or community member had a concern regarding particular materials or requests removal of particular material from the curriculum or collection, the following procedure will be followed:

    1. The complainant must discuss their concern first with the person providing the material in question. Individual staff members may discuss concerns, but do not have the authority to remove materials from the curriculum or library collection.

    2. If the complainant is not satisfied, they shall be referred to the building administrator and requested to fill out IJJ-E - Citizen's Challenge to Education Media Form. A copy of the form will be forwarded to the Superintendent.

    3. The Superintendent shall appoint a Committee composed of the following persons to review the complaint: one administrator at the appropriate grade level; one library media specialist; one classroom teacher; the department head in the subject area of the challenged materials; and two community members.

    4. The Committee shall read and examine the materials referred to them; check general acceptance of materials by reading reviews; and weigh the values and faults of the material. Committee members are expected to form opinions based on the material as a whole and not on passages or portions pulled out of context. The Committee should generally be neutral toward viewpoints expressed in materials, and shall ask the Superintendent to consult legal counsel for advice concerning any questions involving freedom of speech or expression. The Committee shall meet to discuss the material and prepare a written report with their recommendations.

    5. The Committee shall provide the final report to the Superintendent, who will inform the complainant of the results.

    6. No material shall be removed from use until the Committee has made a final decision.

    7. The Committee's decision may be appealed to the Board. The Board may set aside a portion of a regular meeting or call a special meeting to review the complaint and the

      Committee’s report, and to receive testimony from representatives of the various points of view. The material in question shall be:

      1. Reviewed objectively and in its full content;
      2. Evaluated in terms of the needs and interests of students, school, curriculum and community;
      3. Considered in the light of differing opinions; and
      4. Reviewed in light of the criteria set forth in this policy.

    The Board will announce its decision in writing no later than the conclusion of the next regular meeting of the Board.

    Cross Reference:

    Adopted:

    Revised:

    I. Instruction

    IJJ-E (FORM)- CITIZEN’S CHALLENGE OF EDUCATIONAL MEDIA FORM

    CITIZEN’S CHALLENGE OF EDUCATIONAL MEDIA FORM

    Type of Material:

    ? Book ? Magazine/Periodical ? Film ? Recording

    ? Software ? Other (please Specify:_______________________________________

    Author (if known): ______________________________________________________________

    Title: _________________________________________________________________________

    Publisher (if known): ____________________________________________________________

    Person making complaint: ________________________________________________________ 

    Address: _________________________________ Telephone: __________________________

    Complaint represents:

    ? Self

    ? Organization/Group (please name):

    1. Why do you object to this material?

    2. Identify any particular sections to which you object. (Please be specific: cite pages, scenes, etc.)

    3. What are the positive aspects of this material?

    4. Did you read/view/hear all of the material? If not, what parts did you read/view/hear?

    5. Please identify any professional review/judgments of this material that you have read.

    6. What would you like the school to do about this material?

    ? Do not assign to any students. ? Withdraw it from the library and/or instructional program.

    Signature of Complainant | Date

    Cross Reference:

    Adopted:

    I. Instruction

    IJND - CAPE ELIZABETH SCHOOL DISTRICT WEBSITE/WEB PAGES

    The Cape Elizabeth School District maintains an official website to provide general information about our school system, as well as information about educational programs, extracurricular activities, school events, and student and staff achievements. This website is intended to support the educational mission of the schools, to enhance the curriculum and learning opportunities for students and staff, and to provide valuable information to the larger community about our schools. The website does not create, nor is it intended to create, a public or limited public forum.

    The Board recognizes that the schools must establish reasonable controls to protect the privacy of students and staff, to ensure that the website is in compliance with applicable laws, and to ensure that it meets the highest educational and quality standards. The Superintendent shall be responsible for overseeing the implementation of this policy and the accompanying guidelines, and for advising the Board of the need for any future amendments or revisions to the policy or guidelines. The Superintendent may develop additional administrative procedures and/or rules governing the day-to-day management and operations of Cape Elizabeth School District's website, consistent with the Board's policy and guidelines. The Superintendent may delegate specific responsibilities to the Technology Coordinator, District Webmaster, or other individual, as the Superintendent deems appropriate.

    Cross Reference:

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    I. Instruction

    IJNDB - STUDENT COMPUTER AND INTERNET USE

     STUDENT COMPUTER AND INTERNET USE

    Cape Elizabeth School Department (CESD) computers, network, and Internet access are provided to support the educational mission of the schools and to enhance the curriculum and learning opportunities for students and school staff.  This policy and the accompanying rules also apply to laptops, tablets, and other devices  issued directly to students, whether they are used at school or off school premises.  

    Compliance with CESD’s policies and rules concerning computer and Internet use is mandatory.  Students who violate these policies and rules may have their computer privileges limited, suspended, or revoked.  The building principal is authorized to determine, after considering the circumstances involved, whether and for how long a student’s computer privileges will be altered.  The building principal’s decision shall be final.

    Violations of this policy and CESD’s computer and Internet rules may also result in disciplinary action, referral to law enforcement, and/or legal action.

    CESD computers remain under the control, custody, and supervision of the school unit at all times.  The school unit monitors all computer and Internet activity by students.  Students have no expectation of privacy in their use of school computers, whether they are used on school property or elsewhere.

    INTERNET SAFETY

    CESD uses filtering technology designed to block materials that are obscene or harmful to minors, and child pornography.  Although CESD takes precautions to supervise and monitor student use of the Internet, parents should be aware that the CESD cannot reasonably prevent all instances of inappropriate computer and Internet use by students in violation of Board policies and rules, including access to objectionable materials and communication with persons outside of the school.  The school unit is not responsible for the accuracy or quality of information that students obtain through the Internet.

    In the interest of student  Internet safety, CESD also educates students about online behavior, including interacting with other people on social networking sites and in chat rooms, the dangers of engaging in “hacking” and other unlawful online activities, and issues surrounding “sexting” and cyberbullying awareness and response.

    The Superintendent/designee shall be responsible for integrating age-appropriate Internet safety training and “digital citizenship” into the curriculum and for documentation of Internet safety training.

    IMPLEMENTATION OF POLICY AND “ACCEPTABLE USE” RULES

    The Superintendent/designee shall be responsible for implementation of this policy and the accompanying “acceptable use” rules.  Superintendent/designee may implement additional administrative procedures or school rules consistent with Board policy to govern Internet access and the day-to-day management, security, and operations of the school unit’s computer and network systems and to prevent the unauthorized disclosure, use, and dissemination of personal information regarding minors. 

    Students and parents shall be informed of this policy and the accompanying rules through student handbooks, the school website, and/or other means selected by the Superintendent.



    Cross Reference:   


    Adopted:                

    Revised:                 

     

    I. Instruction

    IJNDB-R - STUDENT COMPUTER AND INTERNET USE RULES

    These rules accompany Board policy IJNDB (Student Computer and Internet Use). Each student is responsible for their actions and activities involving school unit computers (including tablets, laptops, and other devices issued to students), networks, and Internet services, and for their computer files, passwords, and accounts.

    These rules provide general guidance concerning the use of Cape Elizabeth School Department’s computers and examples of prohibited uses. The rules do not attempt to describe every possible prohibited activity by students. Students, parents, and school staff who have questions about whether a particular activity is prohibited are encouraged to contact the building principal or the Director of Educational Technology.

    1. Acceptable Use

      The school unit’s computers, networks, and Internet services are provided for educational purposes and research consistent with the school unit’s educational mission, curriculum, and instructional goals.

      All Board policies, school rules, and expectations concerning student conduct and communications apply when students are using computers, whether the use is on or off school property.

      Students are also expected to comply with all specific instructions from school administrators, school staff or volunteers when using the school unit’s computers.

    2. Consequences for Violation of Computer Use Policy and Rules

      Compliance with the school unit’s policies and rules concerning computer use is mandatory. Students who violate these policies and rules may, after having been given the opportunity to respond to an alleged violation, have their computer privileges limited, suspended, or revoked. Such violations may also result in disciplinary action, referral to law enforcement, and or legal action.

      The building principal shall have final authority to decide whether a student’s privileges will be limited, suspended, or revoked based upon the circumstances of the particular case, the student’s prior disciplinary record, and any other relevant factors.

    3. Prohibited Uses

      Examples of unacceptable uses of school unit computers that are expressly prohibited include, but are not limited to, the following:

      1. Accessing or Posting Inappropriate Materials – Accessing, submitting, posting, publishing, forwarding, downloading, scanning, or displaying defamatory, abusive, obscene, vulgar, sexually explicit, sexually suggestive, threatening, discriminatory, harassing and/or illegal materials or engaging in cyberbullying;

      2. Illegal Activities – Using the school unit’s computers, networks, and Internet services for any illegal activity or in violation of any Board policy or school rules. The school unit assumes no responsibility for illegal activities of students while using school computers;

      3. Violating Copyrights – Copying, downloading, or sharing any type of copyrighted materials (including music or films) without the owner’s permission (see Board Policy EGAD – Copyright Compliance). The school unit assumes no responsibility for copyright violations by students;

      4. Copying Software – Copying software without the express authorization of the Director of Educational Technology. Unauthorized copying of software is illegal and may subject the copier to substantial civil and criminal penalties. The school unit assumes no responsibility for illegal software copying by students;

      5. Plagiarism – Representing as one’s own work any materials obtained on the Internet (such as term papers, articles, music, etc.). When Internet sources are used in student work, the author, publisher, and website must be identified;

      6. Non-School-Related Uses – Using the school unit’s computers, networks, and Internet services for any personal reasons not connected with the educational program or assignments;

      7. Misuse of Passwords/Unauthorized Access – Sharing passwords, using other users’ passwords, and accessing or using other users’ accounts;

      8. Malicious Use/Vandalism – Any malicious use, disruption, or harm to the school unit’s computers, networks, and Internet services, including but not limited to hacking activities and creation/uploading of computer viruses; and

      9. **Unauthorized Access to Blogs/Chat Rooms/Social Networking Sites **– Accessing blogs, chat rooms or social networking sites to which student access is prohibited.

    4. No Expectation of Privacy

      CESD computers remain under the control, custody, and supervision of the school unit at all times. Students have no expectation of privacy in their use of school computers, including email, stored files, and Internet access logs.

    5. Compensation for Losses, Costs, and/or Damages

      The student and his/her/their parents/guardians are responsible for compensating the school unit for any losses, costs, or damages incurred by the school unit for violations of Board policies and rules while the student is using school unit computers, including the cost of investigating such violations. The school unit assumes no responsibility for any unauthorized charges or costs incurred by a student while using school unit computers.

    6. Student Security

      A student is not allowed to reveal his/her/their full name, address or telephone number, social security number, or other personal information on the Internet without prior permission from a teacher. Students should never agree to meet people they have contacted through the Internet without parental permission. Students should inform their teacher if they access information or messages that are dangerous, inappropriate, or make them uncomfortable in any way.

    7. System Security

      The security of the school unit’s computers, networks, and Internet services is a high priority. Any student who identifies a security problem must notify his/her/their teacher immediately. The student shall not demonstrate the problem to others or access unauthorized material. Any user who attempts to breach system security, causes a breach of system security, or fails to report a system security problem shall be subject to disciplinary and/or legal action in addition to having his/her/their computer privileges limited, suspended, or revoked.

    8. Additional Rules for Devices Issued to Students

      1. Devices are loaned to students as an educational tool and are only authorized for use in completing school assignments.
      2. Students and their parents are responsible for the proper care of laptops at all times, whether on or off school property.
      3. Loss or theft of a laptop must be reported immediately to the building principal, and, if stolen, to the local law enforcement authority as well.
      4. The Board’s policy and rules concerning computer and Internet use apply to use of laptops at any time or place, on or off school property. Students are responsible for obeying any additional rules concerning care of laptops issued by school staff.
      5. Violation of policies or rules governing the use of computers, or any careless use of a laptop may result in a student’s laptop being confiscated and/or a student only being allowed to use the laptop under the direct supervision of school staff. The student will also be subject to disciplinary action for any violations of Board policies or school rules.
      6. Parents will be informed of their child’s login password. Parents are responsible for supervising their child’s use of the laptop and Internet access when in use at home.
      7. The laptop may only be used by the student to whom it is assigned.
      8. Laptops must be returned in acceptable working order at the end of the school year or whenever requested by school staff.

    Cross Reference:

    Revised:

    I. Instruction

    IJOA - FIELD TRIPS AND OTHER STUDENT TRAVEL

    FIELD TRIPS AND OTHER STUDENT TRAVEL

    The Board recognizes the educational value of school-sponsored trips as a means of supplementing the curriculum and as a vehicle for encouraging and supporting student participation in academic, artistic, and athletic activities, performances and competitions. In addition, some school-sponsored trips may provide social experiences and contribute to the development of a positive school culture.

    This policy provides guidance for the various kinds of trips that may be sponsored by the Cape Elizabeth School Department (CESD).

    Field Trips

    “Field trip” means a trip that takes place during the school day and is organized and conducted by one or more CESD employees as a means of accomplishing particular curriculum objectives. All students within the class or grade, or curriculum related subgroup within a class, will be eligible to participate.

    Field trips must be approved in advance by the building principal.

    Teachers and principals will be expected to consider the following factors in the planning and approval of field trips:

    1. Objectives of the proposed trip and the anticipated learning outcomes;

    2. Specific learning activities to be experienced during the trip;

    3. Suitability of the activity and distance traveled to the age of students;

    4.  Mode and availability of transportation;

    5. Parents/guardians are provided with clear information that communicates the trip activities, risks and safety measures being taken. Such information shall be communicated in a language and process that parents/guardians can understand;

    6. Arrangements for meals (if applicable); and

    7. Availability of funding for all necessary expenses through the school budget or other appropriate sources.

    In addition, the Board requires that:

    1. Parents/guardians give written permission for field trip participation;

    2. Adequate supervision be provided to maintain discipline and safety and to respond to emergencies;

    3. Students participating in field trips conduct themselves in a manner consistent with Board policies and school rules; and

    4. Any overnight curriculum-related trip must be approved by the Board.

    Competition Trips

    “Competition trip” means any trip related to an academic, artistic, athletic, or other student competition or performance that involves individual students or teams. Any competition trip that is outside of those scheduled for the year must be approved in advance by the Superintendent. Approval may be contingent upon availability of funding through the school budget or other sources.

    Other School-Sponsored Trips

    Other school-sponsored trips are those that are organized and conducted by one or more employees of CESD as a supplement to the curriculum, as a class social activity, or as an activity planned by a student club or organization. Such trips may include overnight, long-distance in-state or out-of-state travel, or foreign travel. To be school-sponsored, the trip must relate directly to the curriculum or to activities for which the student club is organized.

    Participation in such trips is entirely voluntary. There shall be no extra credit awarded for participation and no loss of credit for not taking a trip.

    Participation may be limited to students taking courses related to the purpose of the trip or to students who are affiliated with the student club or organization planning the trip.

    The Board must approve, in advance, any trips involving out-of-state travel distance of 125 or more miles to destination and all overnight and foreign trips. Approval may be contingent upon availability of funding from the school budget and other sources, including student fundraising.

    Staff or administrators seeking approval for school-sponsored trips must furnish the following information:

    1. Objective of the trip and anticipated outcomes;

    2. Specific experience to be provided;

    3. Number and grade(s) of students;

    4. Criteria for student participation;

    5. Maximum number of students who may participate;

    6. Cost per student, including funds requested from CESD and from individual students;

    7. Fundraising plans (if applicable);

    8.  Transportation arrangements;

    9. Itinerary;

    10. Arrangements for meals and lodging;

    11. Arrangements for adult supervision/chaperones, with a minimum ratio 1:10 students at elementary level and 1:12 students at secondary level.

    12. Plans for safety and emergencies;

    13. Plans for communicating information to parents and obtaining parental permission; and

    14. Accountability for student conduct.

    Adequate supervision must be provided to maintain discipline and safety and to respond to emergencies.

    Students participating in field trips and other school-sponsored trips must conduct themselves in a manner consistent with Board policy and school rules. Students who violate Board policy or school rules will be subject to disciplinary consequences.

    Non-School-Sponsored Travel

    Travel organized by Cape Elizabeth School employees, parents or others that is not an extension of the instructional program or school-sponsored activities and has not been approved as a school-sponsored trip in compliance with this policy will be considered a non-school-sponsored trip.

    All responsibility for non-school-sponsored trips lies with the individual(s) or group(s) organizing them. The Board accepts no responsibility for non-school-sponsored trips, and organizers should be aware that such trips or excursions are not covered by the CESD’s liability insurance.

    To minimize the impact of these trips on the instructional program and operation of the schools, the Board strongly encourages organizers/sponsors to schedule non-school-sponsored trips during weekends and/or vacation periods. Staff members planning or participating in non-school-sponsored travel must notify the building principal of such plans. Student absences due to participation in non-school-sponsored travel will be considered unexcused absences.

    Instructional time may not be used to promote the trip or distribute materials. Individuals or groups who wish to use the schools for the purpose for publicizing trips or recruiting participants and parents/chaperones may do so in accordance with the Board’s facilities use policy. Individuals or groups wishing to distribute promotional materials may do so only in accordance with Board policy. Non-school-sponsored trips must not be represented as school functions or as related to, or an extension of, the CESD’s instructional, co-curricular or extracurricular programs.

    It is the responsibility of any staff engaging in such trips or activities to notify the parents of prospective and participating students that this is not a school activity, but an independent voluntary trip organized or led by that teacher or staff member. To minimize any risk of misunderstanding, the following statement must be made in any informational meetings or materials promoting the trip:

    “This trip is not approved or sponsored by the Board. It has not been reviewed, approved or endorsed by authorized CESD administrators and it is not covered by any of the CESD’s insurance policies''.


    Cross Reference:    
    EEBB-Use of Private Vehicles or School Buses

    KHB-Advertising in the School

    KHC-Distribution/Posting of Non-School Materials

    JEA-Compulsory Attendance

    JEAA-Student Attendance

    KF-Community Use of School Facilities

    Reviewed:              

    January 8, 2019

    Adopted:                

    February 12, 2019

    January 11, 2022

    I. Instruction

    IJOA-E1 - STUDENT TRAVEL/FIELD TRIP AUTHORIZATION FORM

    GROUP/TEAM NAME:  

    NAME OF FACULTY/TRIP LEADER (MAKING REQUEST):  

    DATE(S) OF PROPOSED TRIP:               # OF SCHOOL DAYS:                             # OF NIGHTS AWAY:

    TRIP DESTINATION:

    PURPOSE/BENEFIT OF TRIP:

    TRANSPORTATION ARRANGEMENTS:

    # STUDENTS:                     

    #CHAPERONES:                            # SCHOOL STAFF:                      #PARENTS/OTHER:

    ARRANGEMENT FOR MIXED GENDER SUPERVISION:

    COST PER STUDENT:

    DESCRIPTION OF ANY FUNDRAISING:

    DO ALL MEMBERS OF THE GROUP/TEAM HAVE AN OPPORTUNITY TO PARTICIPATE?    YES       NO

    IF NOT, DESCRIBE CIRCUMSTANCES:

    FOR OVERNIGHT TRIPS:

    ALL PARENT/OTHER CHAPERONES HAVE ATTENDED VOLUNTEER TRAINING

    DATE/TIME OF PRE-TRIP CHAPERONE MEETING:

    FOR OUT OF COUNTRY TRIPS:  TRAVEL AND CANCELLATION INSURANCE ARRANGEMENTS (ATTACH COPY OF CONTRACT WITH INSURANCE AND CANCELLATION PROVISIONS HIGHLIGHTED).

    APPROVAL OF TRAVEL:

    Principal or AD: _______________________________________DATE: ______________

    Superintendent: _______________________________________DATE: ______________

    School Board: _______________________________________DATE: ______________


       All travel must first be approved and recommended by the principal or, in the case of athletic trips, the athletic administrator. The principal and athletic administrator are permitted to approve in-state day trips (no overnight stays) without the endorsement of the Superintendent or School Board.
   Out-of-state trips within New England and in-state requiring no more than one night's stay must be approved by the Superintendent.
   Board approval is required for Trips outside of New England; for all trips requiring two or more overnight stays; and for all trips requiring a per-student cost or fund-raising of $500 or more.
   Travel requests needing approval from the Superintendent of Board should be submitted at least two months of the trip.

    Cross Reference: 

    Form Revised: 

    I. Instruction

    IJOA-E2 - PARENT/GUARDIAN CONSENT FORM for STUDENT TRAVEL/FIELD TRIP(draft af_6-28-22)

    Group or Team: 

    # Students attending:

    Faculty Leader Name(s):

    # of Chaperones: (including Ldr)



    Trip Destination:

    Trip Date(s):

    Anticipated Departure Time:

    Anticipated Return Time:



    Transportation by:

    Driver(s) (if other than school /commercial carrier):



    In An Emergency, How Can Trip Leader(s) Be Contacted:



    For Overnight Trips:

    Accommodations:
    Physical address, phone

    Provisions for Mixed Gender Supervision:


    Pre-Trip Parent Meeting (for Trip involving Three (3) or More Overnights) will be: 

    Date:

    Location:

    Time:

    PARENT/GUARDIAN/STUDENT CONSENT

    I hereby give my permission for ____________________(student’s name) to participate in the travel/field trip(s) named and described herewith. I acknowledge receipt of the Field Trip Information form for that trip(s). I am comfortable with the arrangements described. I authorize the trip leader(s) to arrange medical treatment in an emergency. I hereby release the trip leader, the field trip(s) chaperones, the school, and the school department (“School”), town of Cape Elizabeth (“Town”), and all of their agents or employees, from any and all claims, liabilities and responsibilities for damages or injuries that my student may experience during this trip, except only any claims for any damages or injuries that may be sustained as a result of any intentionally harmful acts on the part of the trip leader, the chaperone(s), the Town, the School, or their agents or employees. I understand that it is my responsibility to obtain health insurance coverage for medical expenses that may occur.

    Parent/Guardian Signature
    		Date





    Student Signature (if 18 or older)
    		Date


    EMERGENCY CONTACT AND MEDICAL INFORMATION FORM

    Student Name
    		Date of Birth



    Health Insurance Provider:



    Plan/Certificate #:



    1st Contact:
    Relationship:
    Home/Cell Phone:
    Work Phone:


    2nd Contact:
    Relationship:
    Home/Cell Phone:
    Work Phone:
    Non-Parent/Guardian Contact:
    Relationship:
    Home/Cell Phone:
    Work Phone:

    Known Allergies? If yes, provide treatment protocols below:


    Medication or Treatment Restrictions:


    Medication(s) that student will be bringing for self-administration:



    Cross Reference: 

    Form Revised: 

    I. Instruction

    IJOA-R - STUDENT TRAVEL AND FIELD TRIP GUIDELINES

    Guidelines for Board and Superintendent Approval of Extended Travel

    While the department administration and the School Board recognize the educational value of off-campus experiences, it should not be assumed that making an application for travel approval means the travel will always be approved. The Board and Superintendent expect that any application for extended travel has sound educational justification and meets the high expectations of the department for student safety and financial equity.

    Groups are more likely to gain travel approval if:

    1. There is high education value
    2. The cost per student is not excessive
    3. Minimal school time is missed
    4. There are not equivalent opportunities that are closer and less expensive
    5. Safety concerns have been addressed
    6. Adequate insurance is built into the plan
    7. There is a high degree of student and parent support
    8. There is adequate time and methods to earn money for the trip
    9. There is no pressure placed on non-participating students who are members of the group
    10. The group has been reasonable in its previous travel requests (location and cost) and has had success in previous travel (i.e. not problems)

    Overnight trips require a separate consent form that is specific to the particular trip. Overnight trip consent forms must include the nature of all of the activities in which the student will participate, signature line(s), emergency contact telephone numbers, any specific medical needs and conditions, and permission to provide emergency medical care. The Field Trip/Medical Permission Slip shall be taken on the trip by the sponsor.

    Cross Reference:

    Adopted:

    Reviewed: March 16, 2022 (Policy Committee)

    I. Instruction

    IJOC - SCHOOL VOLUNTEERS

    SCHOOL VOLUNTEERS 

    The Board supports the use of community resources, including volunteers, to complement and support instructional programs and extracurricular activities in the school. For the purpose of this policy, a volunteer is a person who provides services, without compensation or benefits of any kind or amount, on an occasional or regular basis in schools or in school activities. All volunteers shall be at least 18 years of age unless their volunteer work is part of a class, is done to fulfill a service learning or community service requirement for graduation, or is done by a recognized student organization. Volunteers work in partnership with, under the supervision of, and at the request of school administrators and staff. 

    The purposes of the volunteer program are to: 

    1. Assist teachers in providing more individualized instruction and enrichment opportunities for students; assist staff with school projects; supervise or chaperone student activities; and perform clerical work; 
    2. Build an understanding of and support for school programs among interested citizens; and 
    3. Strengthen school/community relations. 

    Prospective volunteers must complete an application form, submit two references and sign a confidentiality agreement. In the interest of protecting the safety of students and staff, background checks will be performed for all prospective volunteers, including those chaperoning students on field trips or school-sponsored excursions. Background checks will be repeated every five years. Applications will be screened and approved by the volunteer coordinator. Information collected during this screening process will be treated as confidential to the extent allowed by law. The Superintendent and school principal are authorized to use their discretion to decline an application or terminate the services of a volunteer if they determine it is in the best interests of the school department. 

    The school principal/designee must approve all regular volunteer assignments before volunteers begin work. Staff must have their use of volunteers approved in advance by the building principal. Volunteers will only be assigned to staff who request them. Regular volunteers are those who come in on a frequent basis for a specific purpose. The supervising staff member is responsible for giving volunteers a clear understanding of those duties, procedures, and expectations necessary to perform their assignments. 

    All volunteers who are approved to work with students and/or in support of school programs are expected to comply with the following requirements. 

    1. Volunteers shall attend any required volunteer orientation/training sessions provided by the school department. Volunteers shall be made aware of applicable policies, procedures, and rules before they undertake their first assignment through a volunteer orientation, volunteer handbook, or other means. 
    2. Volunteers will work with students under the supervision and direction of authorized school staff in the classroom or in a highly visible and accessible open setting. 3. Volunteers shall perform only such duties and tasks specifically approved and assigned by an administrator or supervising staff member. 
    3. Volunteers must keep all student and staff information strictly confidential. This requirement applies even after a volunteer stops performing services for the schools. Volunteers may not access, review, disclose, or use confidential student or staff information except as allowed by federal or state law or regulations. 
    4. Volunteers will conduct themselves in a professional manner and comply with all Board policies, school rules, and directions from school personnel when performing their assigned responsibilities. 
    5. In accordance with Maine law, a member of the Board or a member's spouse may not serve as a volunteer when they have primary responsibility for a curricular or extracurricular program or activity and report directly to the Superintendent or a school administrator except when in compliance with Policy BCB. 
    6. Individuals will refrain from taking and/or posting photographs and/or video of students using personal devices while serving in a volunteer capacity. 

    The school unit will provide liability insurance protection for volunteers while performing assigned services. 

    The Superintendent/designee will be responsible for devising a method for evaluating the effectiveness of the volunteer program on an annual basis. 

    The Board will recognize volunteer service on an annual basis. The building principal will be responsible for appropriate school recognition of volunteers. 

    20-A MRSA § 1002 

    Cross Reference:

    BCB - Board Member Conflict of Interest 

    IJOA - Field Trips and Excursions 

    EEBB - Use of Private Vehicles for School Business 

    Adopted:

    February 8, 1994 

    Revised:

    June 1998 

    September 13, 2005 

    September 10, 2013 

    June 13, 2017 

    June 14, 2022




    I. Instruction

    IKAB - STUDENT PROGRESS REPORTS TO PARENTS

    The Board believes that there should be continued emphasis on informing parents as to the academic and social progress of their children. Reporting shall occur at no less than the regularly scheduled intervals noted on the district calendar.

    Adopted:

    Reviewed:

    Adopted:

    Revised:

    I. Instruction

    IKB - HOMEWORK

    Definition and Purpose:

    Homework is defined as work and/or studying related to the classroom learning experience that is done outside the regular classroom. This might be accomplished in a school tutoring situation, study hall, small group learning opportunity, learning lab or at home.

    The purpose of homework evolves in complexity as the student matures. In the early years, homework is a tool to teach beginning study habits and to encourage learning in all environments.

    For the older student, homework takes on more specific roles:

    Overarching Philosophy:

    Homework is considered an integral component of the overall educational experience in the Cape Elizabeth School Department (CESD), to one degree or another, depending on grade level and age. Homework should be designed to enrich the learning process, to aid in the mastery of skills and to inspire and stimulate further learning for students.

    It should not be expected that homework is mandatory in each subject each night; rather, appropriate and purposeful assignments should call for and encourage an extension of classroom learning. Teachers will use their discretion to determine the need for homework and shall make an effort to offer only meaningful assignments. Teachers have a responsibility to provide an adequate understanding of assignments and also to provide timely feedback, corrections or grades on work given.

    Parents are expected to view homework as an important extension of their child’s learning experience, offer assistance in grades 1-4 and assistance and support in grades 5-6. Communication between students, teachers and parents is encouraged to ensure problems are addressed early and the best interests of the student are a top priority.

    Finally, homework should never be used as a punishment. It should be viewed as one of many outside learning experiences along with other enrichment opportunities that are highly valued in our community. It is important to help students find a balance of academics, home life and extracurricular activities.

    Adopted:

    Reviewed:

    I. Instruction

    IKD - HONOR ROLL

    The Honor Roll would be as follows for grades 7-12 with the following guidelines:

    1. High Honors: All A’s in all subjects
    2. Honors: B’s or better

    If numerical grades are used on report cards, these grades have the following meanings:

    99-100 = A+ 83-84 = C+
    95-98 = A 79-82 = C
    93-94 = A- 77-78 = C-
    91-92 = B+ 75-76 = C+
    87-90 = B 72-74 = D
    85-86 = B- 70-71 = D-
    69 and below, fail = F

    In order to be on the Honor Roll, a student must meet the following criteria:

    REQUESTS TO CHANGE STUDENT GRADES:

    Appeals of grades may only be made for reasons allowed by law and must be made within thirty (30) days of the date the grade was issued. Maine law provides that when grades are given for any course of instruction offered by a school, the grade awarded to a student is the grade determined by the teacher of the course and the determination of a student’s grade by that teacher, in the absence of clerical or mechanical mistake, fraud, bad faith or incompetence, is final.

    Adopted:

    Revised:

    Recoded:

    Reviewed:

    I. Instruction

    IKE - PROMOTION, RETENTION, AND ACCELERATION OF STUDENTS

    It is the Board's intent to provide sequential instructional programming that provides equitable opportunity for students to acquire the knowledge and skills that will enable them to meet the grade-level learning targets aligned to the Maine Learning Results. The Board recognizes that at every grade level, there are differences among students in their intellectual, physical, social, and emotional development, and that individual students may be more proficient in some content areas than others. While most students will be promoted from one grade to another at the end of the academic year, some students may benefit from retention or acceleration. Decisions concerning promotion, retention, or acceleration of a student should be consistent with the best educational interests of that student.

    1. Criteria
      The following criteria will be used in making decisions concerning promotion, retention, and acceleration:
      1. Student achievement;
      2. Academic potential;
      3. Attendance;
      4. Health;
      5. Social and emotional maturity;
      6. Physical size;
      7. Age in relation to grade placement;
      8. Student attitude;
      9. Parent concerns; and
      10. Program options.
    2. Retention
      Decisions concerning grade-level retention should be made through a conference involving parents, the student's teacher(s), the principal, the guidance counselor, and, as appropriate, other professional staff and/or consultants. This team shall be responsible for reaching consensus regarding retention.
    3. Acceleration
      Decisions concerning grade-level acceleration should be made through a conference involving parents, the student's teacher(s), the principal, the gifted and talented teacher, the guidance counselor, and, as appropriate, other professional staff and/or consultants. The team shall be responsible for making the final recommendation regarding acceleration. Parents dissatisfied with the team's decision may appeal to the Superintendent. The Superintendent's decision shall be final. 

    Cross References: 

    ADOPTED:

    Revised:

    I. Instruction

    IKF - GRADUATION REQUIREMENTS

    The graduation requirements of the Cape Elizabeth School Department (CESD) are designed to ensure that students demonstrate proficiency to the content standards and Guiding Principles of the Maine Learning Results prior to earning a diploma.

    Students demonstrate proficiency by earning credit for courses and other approved learning experiences whose curricula are aligned to the content standards and Guiding Principles of the Maine Learning Results.

    1. DIPLOMA REQUIREMENTS

      1. Students must earn 230 credits, as follows:

        1. English Language Arts – 40 credits;
        2. Mathematics – 30 credits;
        3. Science – 30 credits, including at least ten credits of laboratory study;
        4. Social Studies – 30 credits, including American history, government, civics, and personal finance;
        5. Visual and Performing Arts – 10 credits;
        6. Industrial and Computer Technology – 5 credits;
        7. Arts or Technology – 5 credits;
        8. Health – 5 credits;
        9. Physical Education – 10 credits;
        10. Electives – 65 credits.

      2. Students who wish to meet these requirements through learning experiences other than Cape Elizabeth’s course offerings may earn credits following prior written approval by the principal, in consultation with the appropriate department chair and school counselor. These learning experiences may include:

      3. Apprenticeships, internships, or fieldwork;

      4. Community service;

      5. Exchange programs;

      6. Independent study;

      7. Alternative education;

      8. Adult education.

    ADDITIONAL CONSIDERATIONS APPLICABLE TO THE AWARDING OF A CAPE ELIZABETH HIGH SCHOOL DIPLOMA

    1. Students with Disabilities
      Students with disabilities, as defined in 20-A MRSA § 7001(1-B), who satisfy the CESD graduation requirements in the manner specified by their IEP will be awarded a diploma.

    2. Transfer Students
      For students who transfer to Cape Elizabeth High School from an educational program that is not aligned with the content standards and Guiding Principles of the Maine Learning Results, the principal shall determine the value of the student’s prior educational experience toward meeting CESD’s graduation requirements.

    3. Home-schooled Students
      For home-schooled students wishing to receive a diploma from Cape Elizabeth High School, the principal shall determine the value of the student’s prior educational experience toward meeting CESD’s graduation requirements. Home-schooled students must be enrolled at Cape Elizabeth High School for their entire senior year in order to receive a diploma.

    4. Delayed Awarding of Diplomas
      Students who leave Cape Elizabeth High School to attend an accredited degree-granting institution of higher education may, upon satisfactory completion of their freshman year, be awarded a diploma even if they have not met the graduation requirements specified for their class herein.

    5. Early Awarding of Diplomas
      Students who have met CESD’s graduation requirements in fewer than four years of high school may be awarded a diploma with the approval of the principal.

    6. Extended Study
      Students are eligible for extended years of study to complete the requirements of a diploma if they have not reached the age of 20 at the start of the school year. Students eligible for extended years of study may remain at Cape Elizabeth High School or be referred to other programs and resources. Extended study for English learners or students with disabilities shall be specified in their Individual Language Acquisition Plan (ILAP) or IEP, respectively.

    7. Participation in Graduation Ceremonies
      Students must have met all graduation requirements to participate in graduation ceremonies.

    8. Honors, Awards, and Scholarships at Graduation
      In order to be eligible for valedictorian status at graduation, a student must have attended Cape Elizabeth High School for at least three semesters prior to graduation. If a student in attendance at Cape Elizabeth High School for less than three semesters prior to graduation qualifies for the “top ten percent,” the number of students qualifying for that status will be expanded by one for each student meeting this description. Students in attendance for less than three semesters are otherwise eligible, without condition, for all honors, awards, and scholarships.

    Cross Reference:

    Adopted:

    Revised:

    I. Instruction

    IKFA - EARLY GRADUATION

    If a student can meet the graduation requirements of their class in less time than the four-year high school sequence, that student can apply for early graduation. In order to apply for early graduation, the student must do the following early in the fall of the year graduation is requested (or the previous spring):

    1. Write a letter explaining the reasons for requesting early graduation in the year preceding the student’s scheduled graduation. This letter is addressed to the school principal and should include the student's post-graduate plans.
    2. Arrange a meeting to include the student, parents, guidance counselor, principal and any appropriate faculty members.
    3. Complete an Early Graduation Form listing courses and credits needed to graduate. High school and college level courses can be used toward graduation. The plan for fulfilling these requirements will be reviewed. The student's reasons for requesting early graduation will be reviewed.
    4. Upon approval, as early graduates, they will be invited to participate in all senior activities relating to graduation.
    5. The high school administration will extend special types of honors recognition to a student who has exemplified superior academic achievement and has chosen to graduate early from CEHS. This recognition would be separate from the honors recognition extended to senior graduates of the high school at the graduation ceremony.
    6. The class ranking of early graduates will take place at the end of four semesters of high school. Early graduates will be ranked in the class with which they entered high school. These students will be ranked with their own class and not with the senior class. Class ranking of seniors (weighted/unweighted) will take place at the end of six semesters of high school. Therefore, early graduates will not receive a weighted class ranking.
    7. Early graduates may be considered for Book Awards in their third year of high school.

    Adopted:

    Revised:

    I. Instruction

    IKFC - AWARDING OF HIGH SCHOOL COURSE CREDIT PRIOR TO GRADE 9

    Cape Elizabeth Middle School (CEMS) students who are approved to take courses at Cape Elizabeth High School (CEHS) will not receive high school credit for those courses.

    CEMS students who successfully complete high school courses or other accelerated academic programs may have such courses listed on their CEHS transcript, but they will not be included in calculating grade point average or accruing credits toward high school graduation requirements.

    For the purposes of this policy, a student is not considered a high school student until they begin taking courses in the fall of the student’s ninth grade year.

    Cross Reference:

    Adopted:

    Revised:

    I. Instruction

    ILA - STUDENT ASSESSMENT

    The Board recognizes that Maine law requires each school administrative unit to use multiple assessment methods to measure student achievement of the learning results set forth in 20-A MRSA § 6209 and Department of Education (DOE) rules implementing that section and other curricular requirements established in § 6209 to inform instruction and to ensure that students are making progress toward achieving the learning results set forth in § 6209 and in DOE rules implementing that section, other curricular requirements and the requirements of a common course of study.

    Through this policy, the Board adopts and directs the Superintendent/designee to implement and oversee an assessment system for District schools that will accomplish these objectives. The Superintendent shall be responsible for reviewing the assessment system for compliance with applicable statutes and rules and for certifying to the Commissioner that it is in compliance with Maine Department of Education standards.

    Cross Reference:

    Adopted:

    I. Instruction

    ILD - STUDENT SURVEYS AND MARKETING INFORMATION

    From time to time, the Cape Elizabeth School Department may administer or allow administration of surveys, analyses or evaluations to students in the course of developing and evaluating programs and services offered in the schools. The school unit will comply with the federal Protection of Pupil Rights Act and applicable regulations concerning the administration of surveys and the use of personal information about students for marketing purposes as outlined in this policy.

    No student shall be required to participate in a survey, analysis or evaluation receiving funding wholly or partially under U.S. Department of Education programs that reveals the following information:

    In the case of surveys not funded under U.S. Department of Education programs, parents/guardians will receive prior notice of the survey and their right to opt-out. Parents/guardians may request that their child not participate in a particular survey by submitting a written request to the Building Principal within five days of receiving the notice.

    If actual or expected dates of surveys have been scheduled when the policy is distributed, parents/guardians of affected students will be notified at that time. If surveys are scheduled after the start of the school year, parents/guardians will be provided with reasonable notice before the survey is administered.

    Procedure for Inspection of Surveys/Instructional Materials

    The Superintendent/designee will be responsible for implementing any procedures necessary t protect the privacy of participating students and to provide parents/guardian with access to surveys within a reasonable time before administration or distribution.

    Parents/guardians will be notified of this policy annually at the beginning of the school year and within a reasonable time of any substantive change in policy. Insofar as practicable, parents/guardians will also be notified annually at the beginning of the school year when surveys, analysis, or evaluations are scheduled or anticipated. Parents/guardians shall have the opportunity to opt their child out of participation in any survey, analysis, or evaluation. Students who are 18 years of age or older may opt out of such surveys, analyses, or evaluations.

    Use of Student Personal Information for Marketing Purposes

    The School Department does not collect, use or disseminate personal information about students for marketing or commercial purposes.

    This policy does not prevent the collection, use or dissemination of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for or to students or educational institutions (including but not limited to tests and assessments, sale by students of products or services to raise funds for school-related purposes, student recognition programs and book clubs or magazines).

    Protection of Student Privacy

    The Superintendent shall be responsible for ensuring that appropriate measures are taken to ensure that student privacy is protected when surveys are administered or personal information about students is collected, disclosed or used for marketing purposes.

    Cross References:

    ADOPTED:

    Revised:

    Reviewed:

    Revised:

    I. Instruction

    IMB - TEACHING ABOUT CONTROVERSIAL ISSUES

    American academic tradition stresses the free contest of ideas as a vital element both in the development of curriculum and in classroom teaching. The Cape Elizabeth School Department believes that exploring controversial issues is an important part of the educational experience.

    Training in reflective and responsive thinking may be incorporated in course offerings at all grade levels. This training is impossible, or at least severely hampered, if the community does not respect the principles of freedom and recognize that dissent does not necessarily mean disloyalty. However, one form of dissent which is incompatible with freedom is that which attempts to end freedom. Irrational fears do just this, and thereby may block the school in its efforts to handle controversial issues in an atmosphere of freedom and thoroughness.

    1. It is the responsibility of the schools to make provisions for the study of controversial issues. 

      1. The policy on controversial issues should be defined in terms of the rights of students rather than in terms of the rights of teachers.
      2. Discussion of controversial issues shall be appropriate to the age, grade, and maturity of the students involved.
      3. The study should be objective and scholarly with a minimum emphasis on opinion and a maximum emphasis on facts and critical thinking. 

    2. In the study of controversial issues, students have the following rights: 

      1. The right to study controversial issues which have political, economic, or social significance and concerning which (at the appropriate level) they should begin to have an opinion;
      2. The right to have access to relevant information;
      3. The right to form and express opinions on controversial issues without thereby jeopardizing relations with the teacher or the school; and
      4. The right to study under competent instruction in an atmosphere free from bias and prejudice. 

    3. Teachers employ the same methods in handling controversial issues as characterize the best teaching at any time. 

      1. Teachers, in selecting both the content and the method of instruction, are mindful of the maturity level of the students.
      2. Teachers have assured themselves that the controversial subject to be discussed belongs within the framework of the curriculum to be covered, that the subject is significant as well as meaningful for the students, and that through the discussion, students will have the opportunity to grow.
      3. Teachers handle the classroom presentation in ways that will ensure a wide range of information and interpretation for students’ consideration and strive to present a balance among many points of view.
      4. Teachers do not use the classroom as a personal forum. Teachers do not employ the techniques of the demagogue or the propagandist for attention, for control, or simply for color. Teachers have the right to identify and express their own point of view in the classroom as long as they indicate clearly that it is their own.
      5. Teachers emphasize keeping an open mind, basing judgment on known facts, looking closely at facts to evaluate them in terms of the subject under discussion, and being ready to change an opinion should new facts come into light.
      6. The emphasis always is on the method of forming an opinion as much as on the opinion formed.

    Cross Reference:

    Adopted:

    Revised:

    I. Instruction

    IMBB - ACCOMMODATION OF SINCERE BELIEFS IN REQUIRED INSTRUCTION

    The curriculum of the Cape Elizabeth School Department is designed to meet statutory requirements and includes other areas of study deemed appropriate by the professional staff and the Board. The curriculum includes topics and materials that are age- and ability-appropriate to the students.

    The Board acknowledges that from time to time individual students may be exposed to some ideas and materials with which they or their parent/legal guardian do not agree. Students and their parents cannot be required to adopt ideas with which they disagree, but such disagreement alone is not a sufficient basis to exempt a student from the prescribed curriculum. Exemptions from the required curriculum should be minimized because they can detract from the overall instruction provided to the class as a whole and the educational objectives sought to be achieved by the curriculum.

    The Board recognizes, however, that there could be topics in the curriculum which may be objectionable to individual students based on their particular, sincerely held religious, moral, or philosophical beliefs. Alteration of instruction which infringes on such beliefs may be requested by the parent/legal guardian.

    Requests for accommodations of beliefs in instruction must be made in writing to the building principal and are subject to the approval of the principal. The principal shall notify the Superintendent as soon as practicable of any request for accommodation from instruction and of his/her/their decision. If the principal denies an accommodation request, the parent/legal guardian may appeal to the Superintendent, whose decision shall be final.

    In considering requests for accommodation, factors that the principal should consider may include the following:

    1. Whether the course of instruction is required by state law or regulations, or Board policy.
    2. Whether an accommodation will adversely affect the instruction provided to other students.
    3. The educational importance of the material or instruction from which exemption is requested.
    4. Evidence regarding the sincerity of the belief on which the accommodation request is based.
    5. Whether the school has a legal obligation to accommodate the request. In the case of curriculum aligned with the system of learning results, if there is a conflict with the sincerely held religious beliefs of a student or the student’s parent/legal guardian, accommodation in the curriculum shall be made for the student. If the accommodation is so great that the validity of the state assessment system is compromised, the Superintendent will determine how to address this subject to approval of the Commissioner of Education.
    6. Other factors that bear upon the particular request.

    When a student is exempted from a portion of the regular curriculum, the staff will make reasonable efforts, within the scope of existing resources, to accommodate alternative instruction for the student. Alternative instruction may be provided by the school or through approved independent study. Any alternative instruction shall be approved in advance by the principal in consultation with the classroom teacher, and shall meet the standards and objectives of the part of the curriculum that is being replaced.

    Cross Reference:

    Adopted:

    Revised:

    I. Instruction

    IMG - ANIMALS IN SCHOOLS


    ANIMALS IN SCHOOLS

    The Board recognizes that having animals in the classroom can offer valuable student learning experiences but is also concerned with the health and safety of students, staff and visitors and the insurance of humane treatment of animals when they are brought to school. 

    For the purpose of this policy “animals” includes mammals, reptiles, amphibians, birds, insects and fish.

    The presence of live animals in the classroom must be directly related to the objectives of the instructional program. Permission is to be obtained from the principal before animals are brought into any school by anyone. 

    The following guidelines shall apply to the presence of animals in Cape Elizabeth Schools.

    1. Staff who wish to have animals in the classroom must submit a written request to the principal; the request should include the instructional purpose and activity, the type of animal, the length of time the animal is expected to be present, and a plan for the care of the animal. The principal, at his/her discretion, may approve or deny the request.

    2. Students or parents who wish to bring animals to school for educational purposes must consult with the teacher who, in turn, will request permission from the building principal. All other persons who wish to bring animals to school must obtain written permission, in advance, from the building principal. 

    3. The Superintendent/designee will be responsible for developing procedures to inform parents that animals may be visiting or residing in classrooms during the school year. Parents are expected to notify the school if their child has an allergy or other physical or mental health condition that will be affected by the presence of animals in the classroom. The building principal and staff will respond appropriately when health considerations are brought to their attention. An animal will not be housed in a classroom if a student in that classroom has a documented allergy to the animal.

    4. Health and Safety: Animals that come into schools  must not pose a health and safety risk to any student, employee, or other person at school. A “health” risk may be defined to include both physical and mental health. The interpretation of what poses such a potential risk is left up to the building Principal or his/her designee and is not subject to appeal. An animal will not be brought into a classroom if a student in that classroom has a documented health risk related to animals. If any student or school employee assigned to a classroom in which a therapy dog is permitted suffers an allergic reaction to an animal, the animal will be removed to a different location designated by the administrator. Cleaning procedures will be followed whenever an animal occupies a shared space in the building.

    5. Animals may not be transported in school vehicles.

    6. If animals are to be kept in the classroom on days when classes are not in session,  arrangements for their care will be made by the responsible staff member.

    7. No domestic mammals/pets (including dogs, cats, ferrets, and primates) or livestock will be allowed in school unless current proof of rabies and/or other vaccination is provided. Smaller mammals such as mice, hamsters, gerbils, guinea pigs, and rabbits do not need to be vaccinated against rabies. Bats, as they may be carriers of rabies, are not allowed in the schools. Parrots, parakeets and other psittacine birds (birds that may carry psittacosis, a severe infectious human respiratory disease) shall not be brought to school unless they have been tested and certified as psittacosis-free. Red-eared turtles (also known as painted turtles) are carriers of salmonella and shall not be kept in the classroom without written documentation from the supplier that they are salmonella-free.

    8. No wild, exotic, aggressive or poisonous animals will be allowed in school unless under the control of an individual trained in the care and management of the animal and properly licensed by state or federal agencies as appropriate (e.g., zookeepers, veterinarians, biologists, Maine Fish and Wildlife personnel). Students will not be permitted to handle such animals. 

    9. No animals will be allowed free range of the classroom or the school. All animals brought to school must be restrained by the owner/handler. The teacher is responsible for the proper supervision and control of students whenever there is an exhibit or activity involving animals in school.

    10. Animals kept in classrooms must be housed in suitable cages or containers and fed and otherwise cared for appropriately. Only the teacher or students designated or supervised by the teacher may be allowed to handle these animals. Animal waste must be removed on an as-needed basis and in a sanitary manner. Only staff members or adult volunteers will be allowed to clean cages or containers or remove animal waste. 

    11. If a student is bitten/injured by an animal on school premises, the building principal, school nurse and parent/guardian must be notified as soon as possible. If a staff member or visitor is bitten/injured, the building principal must be notified. The building principal must notify appropriate public health authorities and the Maine Department of Health and Human Services Center for Disease Control of each incident. An accident/injury report must also be completed and forwarded to the Superintendent.

    12. If a stray or wild animal appears on school grounds, students shall not be allowed in the area until the animal has left the premises or is removed by the local animal control officer, game warden or other appropriate official.

    13. No animal may be used as part of a scientific experiment or for any other purpose in which the normal health of the animal is interfered with or which causes pain or distress. No person may practice vivisection or exhibit a vivisected animal in the schools. Dissection of dead animals shall be confined to the classroom and to the presence of students engaged in the study of dissection and shall not be for the purpose of exhibition.

    14. The Board recognizes that service animals may be used to assist persons with disabilities. This policy does not apply to the presence of service animals that have been or are being specifically trained for the purpose of assisting a person with a disability. 




    Cross Reference:


    Adopted:                

    January 14, 1997

    Recoded:                

    June 1998

    Revised:                 

     

    I. Instruction

    IMGB - THERAPY DOGS & OTHER THERAPY ANIMALS


    THERAPY DOGS & OTHER THERAPY ANIMALS

    The Cape Elizabeth School Board supports the use of therapy dogs by teachers or other qualified school personnel or contracted services provider (“Owner”) for the benefit of its students subject to the conditions of this policy. The School Board wishes to make clear that a student’s access to a therapy dog is considered an educational opportunity/privilege, and not an educational right.

    DEFINITIONS

    Therapy Dog: A “therapy dog” is a dog that has been individually trained and certified to work with its Owner to provide emotional support, well-being, comfort, or companionship to school-aged students. Therapy dogs are not “service animals” as that term is used in the American with Disabilities Act. The dog must be well behaved and have a temperament that is suitable for interaction with students and others in a public school setting. Therapy dogs are personal property of the owner and are not owned by the School Department.

    Owner: An individual who owns the therapy dog and who guarantees the therapy dog has been properly trained, certified, vaccinated, and who insures the animal against all potential liabilities. An owner must be either an employee of the district or a contracted service provider. The owner is limited to having one trained therapy dog on school grounds at any given time.

    THERAPY DOG STANDARDS AND PROCEDURES 

    The following requirements must be satisfied BEFORE a therapy dog will be allowed in school buildings or on school grounds within the Cape Elizabeth Schools:

    1. Request: An Owner who wants to bring a therapy dog to school must submit a written request form to a principal and/or the superintendent for approval. The request must be renewed each school year. The request must also be renewed whenever a different therapy dog will be used.

    2. Training and Certification: The Owner must submit the American Kennel Club’s Canine Good Citizen Certification or its equivalent as determined by the Superintendent. The certification must remain current at all times.

    3. Health and Vaccination: The therapy dog must be clean, well groomed, in good health, housebroken, and vaccinated against diseases common to dogs. The Owner must submit proof of current licensure from the local licensing authority and proof of the therapy dog’s current vaccinations from a licensed veterinarian.

    4. Control: A therapy dog must be under the control of the owner through the use of a leash or other tether. The therapy dog must be under the Owner’s control at all times.

    5. Identification: The therapy dog must have appropriate identification identifying it as a therapy dog.

    6. No Disruption: The therapy dog must not disrupt the educational process by barking, seeking attention or any other behavior deemed disruptive.

    7. Health and Safety: The therapy dog must not pose a health and safety risk to any student, employee, or other person at school. A “health” risk may be defined to include both physical and mental health. The interpretation of what poses such a potential risk is left up to the building Principal or his/her designee and is not subject to appeal. A therapy dog will not be brought into a classroom if a student in that classroom has a documented health risk related to dogs. If any student or school employee assigned to a classroom in which a therapy dog is permitted suffers an allergic reaction to the therapy dog, the Owner of the animal will be required to remove the animal to a different location designated by the administrator. Cleaning procedures will be followed whenever a therapy dog occupies a shared space in the building. 

    8. Supervision and Care of Therapy Dogs: The Owner is solely responsible for the supervision and care of the therapy dog, including any feeding, exercising, and clean-up while the animal is in a school building or on school property. The school district is not responsible for providing any care, supervision, or assistance for a therapy dog.

    9. Authorized Area(s): The Owner shall only allow the therapy dog to be in areas within school buildings or on school property that are authorized by school district administrators.

    10. Damages to School Property and Injuries: The Owner of a therapy dog is solely responsible and liable for any damage to school property or injury to personnel, students, or others caused by the therapy dog.

    11. Insurance: The Owner must submit a copy of an insurance policy that provides liability coverage for the therapy dog while on any school property in an amount determined by the Superintendent.


    EXCLUSION OR REMOVAL FROM SCHOOL

    A therapy dog may be excluded from school property and buildings if a school administrator determines that:

    1. A handler does not have control of the therapy dog;

    2. The therapy dog is not housebroken;

    3. The therapy dog presents a health and safety risk as defined above;

    4. The therapy dog presents a direct and immediate threat to others in the school; or

    5. The animals’ presence otherwise interferes with the educational process.

    The Owner shall be required to remove the therapy dog from school premises immediately upon such a determination by school administration.

    Other certified therapy animals will be considered if endorsed by the Maine Department of Education for this purpose. The same approval procedures will be utilized.


    Cross Reference: 


    Adopted: April 11, 2023



    J. Students

    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.

    Cross Reference:

    Adopted:

    J. Students

    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.

    Cross Reference:

    Adopted:

    Revised:

    J. Students

    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.

    Adopted:

    Reviewed:

    Recoded:

    Reviewed:

    Revised:

    J. Students

    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.

    Adopted:

    Revised:

    Recoded:

    Revised:




    J. Students

    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.

     

    Adopted:

    Revised:


    J. Students

    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.

    Cross Reference:


    Adopted:

     

      

    J. Students

    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.

    Cross Reference:

    Adopted:

    Revised:

    J. Students

    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.

    Cross Reference:   

    Adopted:                

     

     

    J. Students

    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.

    Adopted:

    Revised:

    J. Students

    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.

    Cross Reference:

    Adopted:

    Revised:

    Reviewed:

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:                 


    J. Students

    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:                

     

     

    J. Students

    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.

    1. Prohibited Conduct

      Students, school staff, volunteers, and visitors 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 on or through a computer or other electronic device) which threaten, intimidate, or harass others; verbal or written statements which tend to incite violence and/or disrupt the school program; blackmail; extortion; or demands for money or property;

      6. Intentional 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.

    2. Exceptions to Prohibition Against Possession and Use of Weapons on School Property

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

    3. Disciplinary Action

      1. Students
        Principals may discipline, suspend and/or recommend expulsion of 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 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.
        Students who are 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.

      2. 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.

      3. Visitors - Visitors who violate this policy may be required to leave school property and law enforcement may be notified of violations.

      4. 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.

      5. 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:

    J. Students

    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:

     

     

    J. Students

    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

    J. Students

    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:

     

     

     


     

     

              



    J. Students

    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: ____________________________________________________

    J. Students

    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: ___________________________________________________________________

     

    J. Students

    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

    J. Students

    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.

    J. Students

    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:

    J. Students

    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:                          

     

    J. Students

    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:

     

     

     

     



    J. Students

    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:

    J. Students

    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:


     

     

     

     

     

     

     


    J. Students

    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:

     

     

    J. Students

    JJIAA - STUDENT SPORTS- CONCUSSIONS AND HEAD INJURIES

    The Cape Elizabeth School Board recognizes that concussions and head injuries are commonly reported injuries in children and adolescents who participate in sport and other recreational activities. The Board recognizes the seriousness of concussions, the emerging scientific and medical understanding of the academic and physical impacts of concussions, and the need for careful handling of the post-injury healing process.

    Information to Parents and Students:

    Annually, the Cape Elizabeth athletic department will distribute a head injury and concussion information sheet to all parents and guardians of student participants in all athletic activities. The parent/guardian and student must return a signed acknowledgement indication that they have reviewed and understand the information provided before the student participates in any athletic activity. Until this acknowledgement form is returned and on file with the athletic department, the student may not practice or compete.

    Computerized Neuropsychological Testing:

    Every student participating in any school sport shall be offered baseline computerized neuropsychological testing during preseason in grades 9 and 11, or in the case of students new to the school, early in their first preseason. The athletic department shall offer information to students and their parents/guardians about how this testing works, about its role in the identification and management of students with concussions, and about the Cape Elizabeth School Department protocol for the athletic and academic management of students with concussions under the guidance of physicians approved to interpret the neuropsychological testing results. As a condition for the administration of the baseline test, both the student and parents/guardians must consent, in writing, to the administration of the baseline test and the protocol for concussion management.

    Training/or Coaches:

    All coaches, including volunteers, will complete an appropriate training, arranged by the athletic department, provided by knowledgeable medical professionals, concerning the dangers and signs of concussions and on the management of the healing process. The training must be renewed at least every two years.

    Students with Suspected Concussions:

    A youth athlete who is suspected of sustaining a concussion or head injury in practice or game shall immediately be removed from play. It is recognized that athletes have a responsibility to honestly report symptoms and that coaches cannot be aware of every incident involving contact between athletes.

    Cross Reference:

    Adopted:



     



    J. Students

    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:





    J. Students

    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:               

     

    Adopted:                            

    Revised:                            

     

     

     

     

     

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:

    J. Students

    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:



     

     

    J. Students

    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:

     

     



    J. Students

    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:

     



    J. Students

    JJIG - ATHLETIC POLICY EVALUATION OF COACHES

    All head coaches shall be evaluated by the Athletic Administrator and/or the Superintendent's designated evaluator. The procedure for evaluation is as follows:

    High School Coaches

    1. Head coaches (Varsity Level):
      1. A pre-season meeting between the Athletic Administrator and/or designated evaluator and the head coach at which time written goals and objectives will be stated, discussed, and acknowledged.
      2. A post-season meeting at which time the Athletic Administrator and/or designated evaluator will give the head coach a written evaluation to be reviewed, discussed and acknowledged.
      3. Evaluations of head coaches shall be performed on an annual basis and shall be completed no later than eight weeks after the end of the season (four weeks in the case of a coach of a spring sport). The. Evaluation instrument shall indicate whether the Athletic Administrator and/or designated evaluator will recommend that the Head Coach return for another year.
      4. Appeal of evaluations shall be, first, to the Principal; second, the Superintendent.
      5. The decision of the Superintendent is final.
    2. Junior Varsity Coaches, First Team Coaches, Assistant Coaches:
      1. The head coach or designated evaluator will evaluate each assistant coach on an annual basis. The head coach will present to the assistant coach a written evaluation to be reviewed and discussed.
      2. The head coach or designated evaluator will submit the assistant coach's evaluation to the Athletic Administrator within four weeks of the close of a season (two weeks in the case of a spring sport).
      3. Appeals of Assistant Coach evaluation shall be to the Athletic Administrator.
    3. Middle School Coaches
      1. The Athletic Liaison will evaluate each coach on an annual basis. The Athletic Liaison will present to the coach a written evaluation to be reviewed and discussed.
      2. The Athletic Liaison will submit the coach's evaluation to the Athletic Administrator within four weeks of the close of a season (two weeks in the case of a spring sport).
      3. Appeal of Middle School Coach evaluation shall be to the Athletic Administrator.

    Designated evaluators will be recommended by the appropriate principal and Athletic Administrator to be approved by the Superintendent.

    All final evaluation documents will be placed in the personnel file of the coach located at the Central Office.

     

    Adopted:                

    Revised: 

    J. Students

    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 by an email from the school sent no later than two weeks after the checkpoint date. Ineligibility will commence from the date of the email and will continue for two weeks except if athletes are between seasons at the time notification is sent, 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.
      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. Students in 9th and 11th grade must also have documentation of a physical examination within the calendar year submitted no later than two weeks before the start of preseason. All High School students are required to submit a health questionnaire signed by their parent/guardian each school year.
      3. A student athlete and their parent/guardian must inform the coach in writing prior to a season if the student is on a travel or other sports team during the season. A student may not participate in two school sports in one season. A student may change sports during a season only with the consent of both coaches and the Athletic Director.
    4. 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.
    5. 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, and tobacco. Therefore, students participating in co-curricular and extracurricular activities may not engage in prohibited conduct described in 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.
    6. 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.
    7. 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.
    8. 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).

    9. 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.

    10. 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:                

    Revised:                 

    Recoded:

    Revised:

     

    J. Students

    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:

    J. Students

    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 a risk of injury or harm to the student or others.

    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 procedure:
      1. Physical restraint: An intervention that restricts a student's freedom of movement or normal access to the student’s body, and includes physically moving a student who has not moved voluntarily.

        Physical restraint does not include any of the following:

        1. Physical escort: A temporary touching or holding inducing a student to walk to another location, including assisting the student to the student's feet in order to be escorted.
        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. Physical contact: When the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact.
        4. A brief period of physical contact necessary to break up a fight.
        5. Momentarily deflecting the movement of a student when the student's movements would be destructive, harmful, or dangerous to the student or others.
        6. The use of seat belts, safety belts, or similar passenger restraints, when used as intended during the transportation of a child in a motor vehicle.
        7. The use of a medically prescribed harness, when used as intended; the use of protective equipment or devices that are part of a treatment plan prescribed by a licensed health care provider; or prescribed assistive devices when used as prescribed and supervised by qualified and trained individuals.
        8. Restraints used by law enforcement officers in the course of their professional duties are not subject to this policy/procedure or DOE Rule Chapter 33.
        9. DOE 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.
      2. Seclusion: The involuntary confinement of a student alone in a room or clearly defined area from which the student is physically prevented from leaving, with no other person in the room or area with the student.

        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 twenty (20) 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.

     

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    Adopted:

    Revised:

     

    J. Students

    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.

    DEFINITIONS

    For purposes of these procedures, the terms "physical restraint" and "seclusion" shall have the meanings defined in Policy JKAA. Definitions for other important terms in this procedure include:

    1. Emergency: A sudden, urgent occurrence, usually unexpected, but sometimes anticipated, that requires immediate action.
    2. Risk of injury or harm: A situation in which a student has the means to cause physical harm or injury to themself or others and such injury or harm is likely to occur, such that a reasonable and prudent person would take steps to protect the student and others against the risk of such injury or harm.
    3. Dangerous behavior: Behavior that presents a risk of injury or harm to a student or others.
    4. Serious bodily injury: Any bodily injury that involves: (1) A substantial risk of death; (2) Extreme physical pain; (3) Protracted and obvious disfigurement; or (4) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

    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 in carrying out their professional responsibilities.

    1. Permitted Uses of Physical Restraint

      1. Physical restraint may be used only as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.

      2. Physical restraint may be used to move a student only if the need for movement outweighs the risk involved in such movement.

      3. Prescribed medications, harnesses, and other assistive or protective devices may be used as permitted by Rule Chapter 33.

      4. Parents may be requested to provide assistance at any time.

    2. 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 injury or harm.

      3. Physical restraint that restricts the free movement of a student's diaphragm or chest, or that restricts the airway so as to interrupt normal breathing or speech (restraint-related asphyxia).

      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. 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 item worn by or placed on the student to limit behavior or movement and which cannot be removed by the student. Prescribed assistive devices are not considered mechanical restraints when used as prescribed and their use is supervised by qualified and trained individuals in accordance with professional standards.
        3. Chemical restraints are defined as the use of medication, including those administered PRN (as needed), given involuntarily to control student behavior. Prescribed medications are not considered chemical restraints when administered by a health care provider in accordance with a student's health care plan.

    3. 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.

    4. 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 a risk of injury or harm to themself or others, and the emergency intervention must be discontinued as soon as possible.
        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 a risk of injury or harm to themself or others, then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.

    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.

    1. Seclusion may be used only as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.

    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 may be requested to provide assistance at any time.

    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 to prevent property destruction or disruption of the environment in the absence of risk of injury or harm.

    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 a risk of injury or harm to themself or others.

    Termination of Seclusion

    1. The staff involved in the seclusion must continually assess for signs that the student is no longer presenting a risk of injury or harm to themself or others, and the emergency intervention must be discontinued as soon as possible.

      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 restraint 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 injury or harm to themself or others, then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.

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

    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.

    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; 1. A detailed description of the physical restraint or seclusion used; 1. The staff person(s) involved, their role in the physical restraint or seclusion, and whether each person is certified in an approved training program; 1. Description of the incident, including the resolution and process of returning the student to their program, if appropriate; 1. Whether the student has an IEP, 504 Plan, behavior plan, IHP (individual health plan), or any other plan;

    12. If a student and/or staff sustained bodily injury, the date and time of nurse or other response personnel notification and any treatment administered; 1. The date, time, and method of parent/legal guardian notification; 1. The date and time of administrator/designee notification; and

    13. Date and time of staff debriefing.

    Copies of the incident reports shall be maintained in the student's file and in the school office.

    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.

    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). \

    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 serious bodily injuries to students related to the use of physical restraints and seclusions; and
          1. 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.

    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:

    J. Students

    JKD - SUSPENSION OF STUDENTS

    The School Board delegates to the principals, the authority to suspend disobedient and disorderly students for a period not to exceed ten (10) school days. Suspensions longer than 10 days may be imposed by the Board.

     

    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 sent by mail. 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 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) 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:

     

     

     

     

     

     

     

     

     

    J. Students

    JKE - EXPULSION OF STUDENTS

    No student shall be expelled from school except by action of the Board. Following a proper investigation, the Board shall expel 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).

    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; and
      5. Informs them that the student has the right to an attorney or other representation, and the right to present and cross-examine witnesses.
    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 be attended by persons designated by the Superintendent to present information in the case.

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

     

    Cross Reference:

    Adopted:    

    REPLACES:

    Revised:     

     



    J. Students

    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, not to exceed the total number of days in the school year, 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:

    J. Students

    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: 

    J. Students

    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:

    J. Students

    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:                 



    J. Students

    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:

    J. Students

    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:_____________

    J. Students

    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


     

     

     

     

     

    J. Students

    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:






    J. Students

    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

    J. Students

    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

    J. Students

    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




    J. Students

    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.

    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

    J. Students

    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

    J. Students

    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:     

     

     

    J. Students

    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:

    J. Students

    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:

    J. Students

    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.

    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:

     

     

     

    J. Students

    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 eligible students (18 years of age or older) 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 making a request. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents eligible students may obtain copies of education records at a cost per page determined by the business manager.

    2. AMENDMENT OF RECORDS

      Parents/eligible students may ask the School Department to amend education records they believe are inaccurate, misleading, or in violation of the student's right to privacy. Such requests must be submitted to the Superintendent or building administrator in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Superintendent or building administrator decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.

    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. Directory Information

        The School Department designates the following student information as directory information that may be made public at its discretion: name, participation, and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet). Parents/eligible students who do not want the School Department to disclose directory information must notify the Superintendent in writing by September 20th ( or other date designated by the school unit) or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in effect unless and until it is rescinded.

      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 without their prior written consent

        must notify the Superintendent in writing by September 20th ( or other date designated by the school unit) or within thirty (30) 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 law enforcement unit personnel); members of the Board of Education; persons or companies with whom the School Department has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators, or therapists); and volunteers who are under the direct control of the School Department with regard to education records.

      4. Health or Safety Emergencies

        In accordance with federal regulations, the School department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

      5. Other School Units

        As required by Maine law, the School Department sends student records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records, and health records (except for confidential health records for which consent for dissemination has not been obtained).

      6. Other Entities/Individuals

        Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.

    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:

    J. Students

    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.

    1. 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, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet).
      3. "Eligible student" means a student who has attained 18 years of age who has not been judged by a court of competent jurisdiction to be so severely impaired that the student is unable to make decisions or exercise judgement on the student’s own behalf.
      4. When a student attains the age of 18, all rights accorded to parents concerning education records transfer to the eligible student, except that the School Department may continue to disclose education records to a parent without prior written consent if the student qualifies as a dependent under the Internal Revenue Code.
      5. "Parent" means parent, regardless of divorce or separation, a legal guardian, or individual acting as a parent or guardian provided that there shall be a presumption that a parent has the authority to exercise the rights inherent in the Act, unless there is evidence of a state law or court order governing such matters as divorce, separation, or custody, or a legally binding instrument that specifically revokes such rights.
      6. "Education record" means information or data that 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, as are grades on peer­ graded papers before they are collected and recorded by a teacher.
      7. "Student" includes any individual with respect to whom the School Department maintains education records.

    2. ANNUAL NOTIFICATION OF RIGHTS

      Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. The School Department may provide notice through any of the following means:

      1. Mailing to students' homes;
      2. Distribution to students to take home;
      3. Publication in student handbooks;
      4. Publication in newsletters or other materials distributed to each parent/eligible student.

    3. 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.

    4. INSPECTION AND REVIEW OF EDUCATION RECORDS

      Parents/eligible students may review and inspect their educational records by the following procedure:

      1. The parent/eligible student must make a written request to the Superintendent or building administrator to review the records.
      2. The Superintendent or building administrator will comply with the request without unnecessary delay and in a reasonable period of time, but in no case more than 45 days after it received the request, and will comply before any IEP Team meeting regarding an Individualized Education Program or any due process hearing relating to the identification, evaluation, or placement of the student.
      3. The Superintendent or building administrator may deny a request for access to or copies of the student's education records if there is reasonable doubt as to the legality of the parent-child relationship. Access will be withheld until a determination of legal right to access can be established.
      4. All records shall be reviewed in the presence of a school official.

    Parents/eligible students may also request to review the following:

    1. The School Department's list of types and locations of education records and titles of officials responsible for the records.

    2. The School Department's record of disclosures of personally identifiable information (see Section F).

    3. 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.

    4. DISCLOSURE OF EDUCATION RECORDS

      All disclosures of education records will be made in compliance with federal and state statutes and regulations. The School Department will not disclose any personally identifiable information from the education records of a student without the prior written consent of the parent/eligible student unless such disclosure is otherwise allowed by federal and/or state statutes or regulations. The written consent shall include a specification of the records which may be disclosed, the purpose(s) of the disclosure(s), and the identity of the party or parties to whom the disclosure(s) may be made.

      There are several exceptions to the requirement to obtain prior written consent before disclosing education records as follows:

      1. Directory Information: The School Department may make directory information (as described in Section A) public at its discretion unless a parent/eligible student has notified the Superintendent in writing by September 20th ( or other date designated by the school unit) or within thirty (30) 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 by September 20th (or other date designated by the school unit) or within thirty (30) 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 under the direct control of the School Department with regard to education records.

      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.

        At the request of the Superintendent of the school unit where a student seeks admission, the student's current or former school administrators shall provide, in a timely fashion, an oral or written report to the Superintendent indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding.

      5. Health or Safety Emergency: In accordance with federal regulations, the School Department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

      6. Other Entities/Individuals: Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.

      7. Information on the Internet: Under Maine law 20-A 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.

    5. 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.

    6. 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.

    7. 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 district's business manager. Parents/eligible students who are unable to pay such fees will not be denied access to education records.

    8. MAINTENANCE AND DESTRUCTION OF EDUCATION RECORDS

      The School Department shall maintain education records as required by federal and state statutes and regulations.

      1. Records shall be maintained in paper and/or electronic form by personnel who are knowledgeable about the applicable confidentiality and record retention requirements. All records shall be safeguarded from unauthorized access. Student records must be kept in fireproof storage at the school or a duplicate set must be kept off-site.
      2. The School Department shall not destroy any education record if there is any outstanding request to inspect or review such records.
      3. Records of access to education records shall be retained as long as the records themselves.
      4. The School Department shall inform parents of students with disabilities when education records are no longer needed to provide educational services to the student or to demonstrate that the school has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parents/eligible students upon their request, or destroyed in accordance with the parent's request or School Department procedures.

    9. 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

    Adopted:

    Revised:

    J. Students

    JLCDA - MEDICAL CANNABIS IN SCHOOLS

    K. School/Community Relations

    K. School/Community Relations

    KBF - Parent Involvement in Title I

    PARENT INVOLVEMENT IN TITLE I

    The Board endorses the parent involvement goals of Title I and encourages the regular participation by parents/guardians in all aspects of the school system's Title I programs.

    For the purpose of this policy, "parents/guardians" includes other family members involved in supervising the child's schooling.

    1. DISTRICT-LEVEL PARENT INVOLVEMENT POLICY

      In compliance with federal law, the school unit will develop jointly with, agree on with, and distribute to parents of children participating in the school system's Title I programs a written district-level parent involvement policy.

      Annually, parents/guardians will have opportunities to participate in the evaluation of the content and effectiveness of the school unit's parent involvement policy and in using the findings of the evaluation to design strategies for more effective parent involvement and to make revisions to the policy.

    2. SCHOOL-PARENT INVOLVEMENT POLICY

      As required by law, each school in the school unit that receives Title I funds shall jointly develop with parents/guardians of children served in the program a school parent/guardian involvement policy, including "School-Parent Compact" outlining the manner in which parents, school staff, and student will share the responsibility for improved student academic achievement in meeting State standards. The school policy will be distributed to parents/guardians of children participating in the school's Title I programs.

      The "School-Parent Compact" shall:

      1. Describe the school's responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment enabling children in the Title I program to meet the State's academic achievement standards;
      2. Indicate the ways in which parents will be responsible for supporting their children's learning, such as monitoring attendance, homework completion, monitoring television within, volunteering in the classroom, and participating, as appropriate, in decisions related to their children's education and positive use of extra-curricular time; and
      3. Address the importance of parent-teacher communication on an ongoing basis, with, at a minimum, parent-teacher conferences, frequent reports to parents, and reasonable access to staff.

    3. PARENT INVOLVEMENT MEETINGS

      Each school receiving Title I funds shall convene an annual meeting to which all parents/guardians of eligible children shall be invited to inform them about the school's participation in Title I and to involve them in the planning, review, and improvement of the school's Title I programs and the parent involvement policy.

      In addition to the required annual meeting, at least one other meeting shall be held at various times of the day and/or evenings for parents/guardians of students participating in Title I programs.

      These meetings shall be used to provide parents with:

      1. Information about programs the school provides under Title I;

      2. A description and explanation of the curriculum in use at the school, the forms of academic assessment used to measure student progress, and the proficiency level students are expected to meet;

      3. Opportunities to formulate suggestions and to participate as appropriate, in decisions relating to the education of their children; and

      4. The opportunity to submit comments to the district level if they are dissatisfied with the school-wide Title I program.

        Title I funding, if sufficient, may be used to facilitate parent/guardian attendance at meetings through the payment of transportation and childcare costs.

    4. PARENT RELATIONS

      Parent/guardians of children identified for participation in a Title I program shall receive from the building principal and Title I staff an explanation of the reasons supporting their child's selection, a set of objectives to be addressed, and a description of the services to be provided. Parents will receive regular reports on their child's progress and be provided opportunities to meet with the classroom and Title I teachers. Parents will also receive training, materials, and suggestions as to how they can assist in the education of their children at home.

    5. DELEGATION OF RESPONSIBILITY

      The Superintendent/designee shall be responsible for ensuring that the school unit's Title I plan, programs, and parent involvement policies comply with applicable law and regulations and for developing administrative procedures, as needed, to implement this policy.

    Adopted:

    K. School/Community Relations

    KCD - Public Gifts/Donations to the School

    The Cape Elizabeth School Board may accept, on behalf of the school unit and in accordance with state law, an outright gift or any gift in trust for a purpose it deems consistent with the district's mission and of significant benefit to the educational program. All such gifts shall be accepted in the name of the school unit and become the property of the school unit, but may be designated for use in a particular school or department. The Superintendent will bring before the Board for acceptance or rejection any gift that is of a commercial value of $10,000 or more.

    The Superintendent may accept, on behalf of the school unit and the School Board, and in accordance with state law, any outright gift that is of a commercial value of less than $10,000.

    Only items of legitimate use in the school program shall be accepted. The Board is under no obligation to accept a gift, or to replace an accepted gift if it is destroyed, lost, stolen or becomes worn out. The Superintendent will forthwith notify in writing prospective donors of the acceptance or rejection of their gift.

    The School Department may dispose of gifts at its discretion.

    The Superintendent shall implement any administrative procedures necessary to carry out this policy.

    Cross Reference:

    Adopted:

    Amended:

    K. School/Community Relations

    KCD-R - GIFT ACCEPTANCE ADMINISTRATIVE PROCEDURES

    The Cape Elizabeth School Board may accept, on behalf and in the name of the school unit, any bequest or gift in accordance with its policies, applicable state law, and the following administrative procedure:

    Guidelines for Acceptance of Gifts

    Bequests, grants, or gifts (hereafter, "gifts) with a commercial value of less than $10,000 may be accepted by the Superintendent on behalf of the School Board, except that any gift which the Superintendent determines is a gift in trust1, a gift of real property2, or a gift of any commercial value with the potential to substantially impact the school unit's mission and values, governance, operating budget, equitable allocation of resources, or matters of education policy ("Potential Impact Gift") shall be presented to the School Board for a determination of acceptance or rejection. A Potential Impact Gift may include, but is not limited to:

    The Superintendent may consult with the Business Manager, Facilities Director, School Principals, Faculty, and other administrative staff prior to determining whether to accept or reject a gift in accordance with this administrative procedure. A determination by the Superintendent to reject a gift may be presented by the prospective donor to the School Board for reconsideration.

    Any gift which the Superintendent determines (a) has a commercial value of $10, 000 or more,

    (b) is a gift in trust, (c) is a gift of real property, or (d) is a Potential Impact Gift shall be submitted to the next regular meeting or special meeting of the School Board. The School Board shall, within 10 days after the meeting, send written notice of its acceptance or rejection of any such gift.

    Consultation and Reporting

    The Superintendent shall annually provide Policy KCD and Administrative Procedure KCD-R to the Business Manager, Facilities Director, and each School Principal. Any such school official or employee shall be instructed to consult with the Superintendent upon receipt of notice of any prospective gift that has a commercial value of $10,000 or more, is a gift in trust, is a gift of real property, or is a Potential Impact Gift.

    The Superintendent shall regularly provide to the School Board a list of all gifts with a commercial value of $1,000 or more and whether such gifts were accepted by the Superintendent. The Superintendent shall thank donors in writing on behalf of the Board for any such accepted gifts.

    Accepted Gifts

    All duly accepted monetary gifts must be payable to the school unit, not to any individual agent, employee, or representative of the school unit.

    All duly accepted gifts are subject to the school unit's accounting and auditing procedures. All duly accepted gifts become the property of the school unit.

    If installation is required, a duly accepted gift must be installed by or under the supervision of qualified school unit personnel.

    Conditional Gifts

    Notwithstanding the procedures set forth herein, neither the School Board nor the Superintendent shall accept any conditional gift for a specified purpose3 without first securing all statutorily required legislative approvals.

    Cross Reference:

    Adopted:

    Notes

    1: A Gift in trust is a gift which requires the gift to be held in trust and used only for the purposes of the trust.

    2: A gift of real property is a gift of land or any interest in the land (such as easements, rights to occupy property, timber rights, or resource extraction rights) or a gift of structures/buildings or any equipment firmly attached and integrated into structures/buildings (such as light fixtures, a well pump, or a fuel tank).

    3: A conditional gift for a specified purpose is a gift which is given subject to a condition or related obligation on the part of the school unit. Conditional gifts are usually distinguished by their requirement for the future appropriation of funds, and are generally subject to reversion to the donor or the donor's heirs if their conditions are not met.

    K. School/Community Relations

    KCE - RECEIVING EDUCATION FOUNDATION FUNDS

    Because demands on the educational system may exceed available public funding, the Cape Elizabeth School Board acknowledges that members of the community are often willing to make voluntary contributions that will provide needed additional funds for the school district. The Board therefore recognizes the work of local education foundation asseparate legal entities independent of CESD that actively raise funds to enhance educational opportunities for our students.

    The Board desires to work cooperatively with local education foundations, such as Cape Elizabeth Educational Foundation (CEEF), in determining the purposes for which funds may be used to meet the changing needs of the district and its students.

    The Board supports foundation allocations that serve all district schools equitably.

    The Board may appoint a liaison or representative to the local educational foundaiton if invited to do so.

    The Board welcomes and encourages local educational foundations to provide regular reports to the Board concerning their work and to communicate ways that the Board an schools can help support the foundation's activities.

    With the approval of the Board and as appropriate, an educational foundation may use the CESD name and/or logo or the name and/or logo of one of the schools.

    Acceptance of gifts from educational foundations will be considered in accordance with Board policy.

    Cross Reference: KCD - Public Gifts/Donations to the Schools

    Adopted:

    K. School/Community Relations

    KDB - PUBLIC'S RIGHT TO KNOW/FREEDOM OF ACCESS

    The Board recognized the importance of a well-informed public to the operations of the school unit. The Board will comply with all applicable sections of Maine's Freedom of Access Act.

    The Board designates the Superintendent, and to act in the absence of the Superintendent, the Assistant Superintendent as the Public Access Officer for Cape Elizabeth Schools. The Public Access Officer is responsible for ensuring compliance in regard to Freedom of Access requests (see 1 MRSA §413(1)) 

    The Superintendent, Assistant Superintendent and any other person(s) designated as a public access officer shall complete the mandated training on teh requirements of Maine's Freedom of Access Act.

    Except as otherwise provided by statute, all Board proceedings shall be open to the public, any person shall be permitted to attend and any records or minutes of such proceedings that are required by law shall be made promptly and shall be open to public inspection.

    Board agendas and minutes, proposed and approved Board policies, annual budget reports, student handbooks and Board member Freedom of Access training documentation/certificates shall be available for inspection and/or copying in the Superintendent's Office.

    Requests for all other public records shall be made, preferably in writing, to the Superintendent, specifying the records desired for inspection/copying. The Superintendent/designee may request clarification concerning which public record or records are being requested. The Superintendent/designee shall acknowledge receipt of a request for inspection and/or copying of public records within five (5) working days of the request.

    If the request is denied, the Superintendent/designee shall inform the requestor in writing within five (5)  working days of the request and shall state the reason for denial. Otherwise, inspection and/or copying may be scheduled to occur within a reasonable period of time following the request at a time that will not delay or inconvenience the regular activities for the school unit.

    The school unit is not required to create a record that does not exist.

    ELECTRONICALLY STORED PUBLIC RECORDS

    In compliance with the Freedom of Access Act, the school unit will provide access to an electronically stored public record as a printed document or in the medium in which the record is stored at the requester's option, except that the school unit is not required to provide access to an electronically stored public record as a computer file if the school unit does not have ability to separate or prevent the disclosure of confidential information contained in or associated with that file. The school unit is not required to provide access to a computer terminal.

    FEES

    Except as otherwise provided by law or court order, the Cape Elizabeth School Department may charge fees as follows:

    A. A fee of $0.10 per page to cover the cost of copying.

    B. A fee of $25.00 per hour after the first two hours of staff time per request to cover the actual cost of searching for, reviewing, retrieving, redacting and compiling the requested public record. 

    C. The actual cost to convert a public record into a form susceptible to visual or aural comprehension into a usable format and for the actual cost of a device used to store the public record if the storage will be given to the requestor by the school department. 

    D. A charge for the actual mailing costs to mail a copy of the record.

    E. No fee shall be charged for inspection of public records, unless the record cannot be inspected without being compiled or converted, in which case paragraph B or C applies.

    As required by law, the school unit will provide the person making the request an estimate of the time frame within which the school unit will complete the request and of the total cost. If the estimated total cost exceeds $50.00, the school unit will inform the requester before proceeding. If the estimated total cost is greater than $100.00 or if the requestor has previously failed to pay a fee assessed for access to Cape Elizabeth School records, the requestor may be required to pay all or a portion of the estimated cost prior to the search, retrieval, compiling, conversion and copying of the public record.

    The Superintendent is directed to develop and implement such administrative procedures as may be necessary to carry out this policy.

    Cross Reference:

    Adopted:

    Reviewed/Revised:

    K. School/Community Relations

    KF - COMMUNITY USE OF SCHOOL FACILITIES

    For the purpose of this policy, "school facilities" include school buildings and fixed equipment.

    It is the Board's desire that the local taxpayers who provide the school should be able to obtain maximum use of the facilities, to the extent consistent with the primary educational function of the school. It is intended that community uses for educational, recreational, social, civic, and philanthropic and like purposes be approved by the administration, in accordance with this policy, the implementing regulations, and a fee schedule.

    The following provisions apply to community use:

    1. A certificate of insurance shall be required as appropriate to the particular use;
    2. No alcoholic beverages may be brought onto school property at any time;
    3. Tobacco and other substances/devices are not allowed in school or allowed on school property;
    4. School facilities may not be used for any illegal purposes;
    5. Community adults and children are free to use outdoor grounds and facilities for recreation whenever not otherwise scheduled. However, formal approval of buildings and grounds use will only be granted to recognized organizations and groups;
    6. Any approval of the use of school facilities requires the signing of a Use of Facilities Guidelines & Procedures setting for the conditions of use;
    7. Application for use is to be made through Facilities Office;
    8. Repeat use may be denied to any group which has not demonstrated appropriate conduct and care.

    Cross Reference:

    Reviewed:

    Adopted:

    K. School/Community Relations

    KHB - ADVERTISING IN THE SCHOOLS

    The Board believes that, in general, product advertising and/or endorsement is to be discouraged in the schools. The Board has an obligation to assure that students, who are required by law to attend, are not subjected to commercial messages of any kind without careful analysis of the benefits and risks that pertain in each instance. Since the issue of advertising in the school can be attended to with strong opinions, the Board may seek comments and recommendations from the administration, the professional teaching staff, and the community prior to considering any form of advertising in school, on school grounds or on school buses.

    The Board is opposed in principle to accepting any programming, equipment, or services that are offered only on the basis of mandatory exposure of students to product advertising. The Board recognizes, however, that in some instances product names, logos, or advertising may be acceptable when the programming, equipment, or services can be clearly shown to be of significant benefit to the school program.

    The Board reserves the right to consider requests for advertising in the schools, on school grounds, or on school buses on a case-by-case basis, except that:

    1. 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. For the purpose of this paragraph, "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.
    2. Consistent with its efforts to promote a tobacco, alcohol, and drug free environment, the Board will not agree to displays of advertising in school buildings, on school grounds, or on school buses for tobacco products, alcoholic beverages, drugs (including prescription and over-the-counter-medications), performance enhancing substances, or dietary supplements.

    Cross Reference:

    Adopted:

    Revised:

        April 4, 2019
    K. School/Community Relations

    KHC - DISTRIBUTION OF NON-SCHOOL MATERIALS

    The Board wishes to minimize intrusions on the teaching and learning time of students and staff. While there are many worthy activities in the communities served by Cape Elizabeth Schools that are sponsored by various non-profit organizations, the Board believes that students should not be used to distribute or carry home flyers, brochures, or other materials that are not directly related to school programs, school curriculum, or school-related activities.

    Only the following materials may be distributed to students to be carried home, shared electronically, and/or posted in the schools:

    1. Communications from the Board, Superintendent, school administrators, and school staff such as newsletter, letters to parents/ guardians, announcements of meeting s or events, school forms, and classroom information;
    2. Information and notices concerning school-sponsored activities and programs for students and/or parents/guardians;
    3. Information and notices concerning activities and programs offered by groups affiliated with Cape Elizabeth Schools, such as parent-teacher organizations and booster groups; and
    4. Information and notices from municipal, state, and federal agencies concerning programs available to students.

    To minimize disruptions to classes, the building principal may limit the frequency with which non-school materials may be sent home with students.

    Cross Reference:

    Adopted:

    K. School/Community Relations

    KI - VISITORS TO THE SCHOOLS

    The School Board encourages the active interest and involvement of parents and citizens in the public schools. Parents and community members are welcome to visit the schools to become better informed about the day-to-day operations of the schools and to learn about the educational process and school activities. Reasonable access to classrooms, activities and school functions will be accommodated whenever practicable. In order to avoid interruption of the instructional program and to promote the safety of students and staff, building principals shall institute administrative procedures concerning visitors to the schools. Such procedure shall be subject to the approval of the Superintendent. It is understood that procedures may vary from school to school due to differing considerations such as the age of the students and building layout and location.

    General guidelines will be used in allowing visitors to the school.

    1. The term "visitor" shall apply to any person on school grounds or in school buildings who is not an employee or student of the school unit and is able to provide a legitimate school-related reason for being present in a school building or on school grounds. Visits to the shcools by memebers of the public or the Board shall not be for the purpose of evaluating teachers or curriculum, monitoring teaching methods, reviewing lesson plans, observing students, or interviewing school employees.

    2. All visitors, including parents, school volunteers, substitute personnel, vendors, contracted service providers, Board members, and members of the public, shall report to the main office upon arrival at the school and must receive approval from the principal/designee to visit the school. This section shall not apply to parents or citizens who have been invited to the school for an open house, performance or other preplanned school program.

    3. All visitors who wish to visit classrooms, observe aspects of the instructional program or meet with staff members are expected to schedule such visits at least 24 hours in advance. Teachers and other staff may not use instructional time to discuss individual matters with visitors.

    4. Individual School Board members shall follow the same procedures as other visitors, and state whether they are visiting the schools on personal business or in connections with Board duties.

    5. Visitors are prohibited from videotaping or otherwise electronically recording students or staff. This does not apply to recording of activities that are open to the public and not protected by copyright laws.
    6. Visitors shall comply with all applicable Board policies and school rules. Visitors who violate these policies/rules and /or disrupt the safe and orderly operation of the school shall be asked to leave the premises.

    7. The building administrators/designee has the authority to refuse entry to school grounds or buildings to persons who do not have legitimate, school-related business and/or who may disrupt the operations, compromise the safety or welfare of students or staff, or otherwise interfere with the orderly operations of the schools. This may include, but not be limited to, the news media, vendors, profit-making businesses, fundraisers, charitable and other solicitations (except as otherwise permitted by Board policy) and other persons or organizations seeking access to students and/or staff.

    8. School staff shall report unauthorized persons on school grounds or in school buildings to the building administrator/designee. Unauthorized persons shall be directed to leave the premises immediately.

    9. The building administrator/designee may request the assistance of law enforcement as necessary to deal with unauthorized persons or violations of the law by visitors to the schools.

    Cross Reference:

    Adopted:

    Recoded:

    Revised:

    K. School/Community Relations

    KLD - PUBLIC COMPLAINTS ABOUT SCHOOL PERSONNEL

    This policy is intended (1) to create a climate in the schools whereby persons are encouraged to bring complaints to the attention of school officials for resolution, and (2) to explain the responsibilities of school officials in handling complaints. The school board believes that constructive criticism, when it is motivated by a sincere desire to improve the quality of our educational programs, assists school personnel to perform their responsibilities more effectively. At the same time, the School Board places trust in its employees and desires to support their actions in such a manner that employees are not subjected to unnecessary, spiteful, or frivolous complaints.

    Complaints will be referred to the proper school decision maker for resolution at the lowest possible level. Generally, the first step will be to discuss the matter directly with the employee against whom the complaint is registered. If this is clearly inappropriate because of the nature or severity of the complaint, the person making the complaint may request a conference with the principal/immediate supervisor to discuss the complaint. The principal/immediate supervisor or their designee will look into the complaint and communicate with the person making the complaint.

    If a complaint cannot be resolved at a lower level, it may be presented to the Superintendent. Before the Superintendent takes further action, the complaint must be submitted in writing, setting forth the specific facts on which the complaint is based and attaching all documents in support of the complaint. The Superintendent will provide a copy of the written complaint to the person against whom the complaint is made.

    If a complaint remains unresolved at the Superintendent's level, the person making the complaint may request that the matter be placed on the School Board's agenda. The School Board chairperson will decide whether the complaint will be placed on a School Board agenda. If a complaint is placed on an agenda, the Superintendent will invite the complainant and the person against whom the complaint is made to attend the meeting and will provide the School Board members with a copy of the complaint and supporting documents.

    The School Board will determine the procedural rules for any meeting to hear a complaint. Any such meeting will be held in executive session. Only if the School Board elects to record the meeting will any recording of the meeting be permitted. If a group submits a complaint that is placed on the School Board agenda, a delegation of no more than two individuals must be designated to represent the group and to present the complaint to the School Board.

    This complaint policy may not be used by employees for employment matters. Such matters need to be processed through the appropriate grievance procedure, if any.

    Cross Reference:

    Adopted:

    Revised:

    K. School/Community Relations

    KLG - RELATIONS WITH LAW ENFORCEMENT AUTHORITIES

    The School Board recognizes that a cooperative relationship with law enforcement authorities is desirable for the protection of students and staff, maintaining a safe school environment, and safeguarding school property.

    School administrators and staff shall have the primary responsibility for maintaining proper order in the schools and for disciplining students for violations of Board policies and school rules.

    However, the Board authorizes the Superintendent/administration to seek the assistance of law enforcement authorities when they believe there is a substantial threat to the safety, health or welfare of the schools, students and/or staff.

    The Board strongly discourages law enforcement authorities from using the school as a venue to arrest and/or interrogate students for activities not related to or affecting the schools. The Superintendent/administration retains the authority to deny law enforcement access to students for non-school-related investigations.

    The Board authorizes the Superintendent and administration to work with local law enforcement authorities to develop administrative regulations to guide interactions between the schools and law enforcement. Such regulations should safeguard the rights of students and parents, be consistent with Board policies, and minimize disruptions to the instructional program. These administrative regulations are subject to the approval of the Board.

    The Superintendent shall include law enforcement authorities in the development and implementation of the school unit's comprehensive emergency management plan. The Board also encourages the superintendent/administration to include law enforcement authorities in the development and/or implementation of instructional programs/activities related to student safety.

    Cross Reference:

    Adopted:

    Revised:

    K. School/Community Relations

    KLG-R (PROCEDURE) - RELATIONS WITH LAW ENFORCEMENT AUTHORITIES ADMINISTRATIVE PROCEDURE

    The following procedures are intended to guide the involvement of law enforcement authorities in the schools:

    1. Law enforcement official may enter school premises:

      1. In the event of an emergency endangering student or staff safety;
      2. At the request of the Superintendent/school administrators when they believe there is a substantial threat to the safety, health or welfare of the schools, students and/or staff;
      3. When there is a warrant to arrest a student, which cannot be executed outside of school hours. School administrators are not obligated to make students or school facilities available to law enforcement for non-school-related investigations/ arrest;
      4. In exigent circumstances as authorized by law.

    2. School Administrators shall attempt to contact the student's parents/guardians prior to allowing law enforcement authorities to interrogate, search, or arrest a student at school, except when there are reasonable grounds to believe that a health or safety emergency requires the interrogation, search, or arrest to take place without prior notice.

    3. Law enforcement authorities are responsible for ensuring that a student is informed of the student’s rights prior to an interrogation, search, or arrest conducted by law enforcement authorities.

    4. A student may be removed from school by law enforcement authorities when there is a court order, an arrest warrant, or when a warrantless arrest is authorized by law. School administrators shall attempt to notify the student's parents/guardians as soon as possible of the student's removal from school.

    5. School administrators may release student information to law enforcement authorities only as allowed by the Family Education Rights and Privacy Act.

    Cross Reference:

    Adopted:

    Revised:

    Policy List

     

    CODE

     

    Name of Policy

    Last Policy Revised

     

    Notes

    AC

    Non Discrimination/equal Opportunity & Affirm Action

    9/8/2020

     

    ACAA

    Harassment and Sexual Harassment of Students

    09/08/2020

     

     

    ACAA-R

    Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedure

     

    09/20/2020

     

    ACAB

    Harassment and Sexual Harassment of School Employees

    09/08/2020

     

     

    ABAB-R

    Employee Discrimination and Harassment Complaint Procedure

     

    09/20/2020

    No Policy in Manual

    ACAC

    Service Animals in the Schools

    08/28/2012

     

    ACAD

    Hazing

    11/10/2020

     

    AD

    Educational Philosophy

    11/13/2012

     

    AD-R

    Change Model

    02/11/2012

     

    ADA

    School District Goals and Objectives

    08/28/2012

     

     

    ADAA

    School System Commitment to Standards for Ethical And Responsible Behavior

     

    12/11/2018

     

     

    ADC

    Use of Tobacco Products and Electronic Nicotine Delivery Systems

     

    12/11/2018

     

    ADF

    School Unit Commitment to Learning Results

    08/28/2012

     

    BBAA

    School Board Powers and Responsibilities

    01/08/2019

     

    BBAB

    Student School Board Representative

    03/12/2013

     

    BBAB-R

    Student School Board Representative Policy Guidelines

    04/10/2007

     

    BCA

    School Board Code of Ethics

    05/14/2013

     

    BCB

    Board Member Conflict of Interest

    12/12/2017

     

    BCC

    Nepotism

    01/08/2019

     

    BDB

    Board Officers

    03/12/2013

     

    BDC

    Board Appointments

    03/12/2013

     

    BDD

    Board-Superintendent Relationship

    03/12/2013

     

    BDE

    Board Standing Committees

    05/14/2013

     

    BDF

    Board Advisory Committees

    05/14/2013

     

    BE

    School Board Meetings

    04/09/2013

     

    BEA

    Board Member Use of Email

    04/09/2013

     

    BEC

    Executive Sessions

    04/09/2013

     

    BEDB

    Agenda

    04/04/2019

     

    BEDBA

    Agenda Format

    04/04/2019

     

    BEDD

    Rules of Order

    04/09/2013

     

    BEDF

    Voting Method and Quorum

    04/09/2013

     

    BEDG

    Minutes

    04/09/2013

     

    BEDH

    Public Participation at Board Meetings

    04/09/2013

     

    BG

    School Board Policies

    04/09/2013

     

    BG-R

    Policy Adoption and Amendment Procedures

    03/08/2005

     

    BIA

    New Board Member Orientation

    04/09/2013

     

    BIB

    Board Member Development Opportunities

    04/09/2013

     

    CB

    School Superintendent

    04/09/2013

     

     

    CODE

     

    Name of Policy

    Last Policy Revised

     

    Required

     

    Notes

     

    CBDA

     

    Superintendent's Contract-Allocation of Services

     

     

    No Policy in Manual

    CBI

    Evaluation of Superintendent

    06/11/2013

    N

     

    CHD

    Administration in Policy Absence

    04/09/2013

    N

     

    DB

    Annual Budget

    05/14/2013

    N

     

    DF

    Fundraising

    04/12/2016

    N

     

    DF-R

    Fundraising Administrative Procedure

    04/12/2016

    N

     

    DJE

    Bidding Purchasing Requirements

    12/12/2017

    N

     

    DJF

    Template for School Nutrtion Programs

    04/13/2021

    N

     

     

    DJH

    Purchasing and Contracting: Procurement Staff Code of Conduct

     

    12/12/2017

     

    Y

     

    DN

    School Properties Disposition

    03/12/2019

    Y

     

    EBAA

    Chemical Hazards

    12/11/2018

    Y

     

    EBCA

    Comprehensive Emergency Plan

    8/28/2012

    Y

     

    EBCC

    Bomb Threats

    01/08/2019

    Y

     

    EBCF

    Use of Automated External Defibrillators

    06/11/2013

    N

     

    ECB

    Integrated Pest Management

    02/12/2019

    Y

     

    EEA

    Student Bus Transportation

    06/11/2013

    N

     

    EEAEAA

    Drug and Alcohol Testing of School Bus Drivers

    08/28/2012

    Y

     

     

    EEAEAA-R

    Drug and Alcohol Testing of School Bus Drivers Administrative Procedures

     

    08/28/2012

     

    Y

     

     

    EFE

    Sales of Food In Competition with the Food Service Program

     

    08/28/2012

     

    Y

     

    EGAD/R

    Copyright Compliance Administrative Procedure

    06/11/2013

    N

     

    EHB

    School Record Retention

    10/13/2015

    N

     

    FA

    Facilities Development Goals/Priority Objectives

    06/11/2013

    N

     

    FF

    Naming of School Facilities

    06/11/2019

    N

     

    FFAA

    Memorial Scholarships and Gifts

    06/11/2013

    N

     

    GA

    Personal Goals

    08/27/2013

    N

     

    GBEBB

    Staff Conduct with Students

    08/27/2013

    N

     

    GBEC

    Drug Free workplace

    08/27/2013

    Y

     

    GBN

    Family and Medical Leave

    08/27/2013

    Y

     

     

    GBO

     

    Family Care Leave

     

    10/30/2018

     

    Y

    No Policy in Manual

    GCFB

    Recruiting and Hiring of Administrative Staff

    3/12/2019

    Y

     

    GCFB-R

    Recruiting and Hiring of Administrative Staff Procedure

    09/10/2013

    Y

     

     

    GCG

    Long Term and Short Term Substitute Professional Staff Employment

     

    09/10/2013

     

    N

     

    GCGC

    Teacher Job Share Policy

    09/10/2013

    N

     

    GCI

    Professional Staff Development Opportunities

    11/13/2012

    Y

     

    GCOA

    Supervision and Evaluation of Professional Staff

    09/10/2013

    Y

     

    GCOC

    Evaluation of Administrative Staff

    09/10/2013

    Y

     

    GCQC

    Resignation of School Unit Employees

    09/10/2013

    N

     

     

    CODE

     

    Name of Policy

    Last Policy Revised

     

    Required

     

    Notes

    GCQE

    Enrollment of Non-Resident Employees Children

    09/14/2014

    N

     

    GCSA

    Employee Computer and Internet Use

    09/14/2014

    Y

     

    GCSA-R

    Employee Computer and Internet Use Rules

    09/14/2014

    Y

     

    GDO

    Support Staff Evaluations

    09/10/2013

    N

     

    ICAA

    Religious Holidays

    09/10/2013

    N

     

    IGA

    Curriculum Development

    09/12/2017

    Y

     

    IHBA

    Individualized Education Plans (IEP)

    01/14/2014

    Y

     

    IHBAA

    Referral and Use of General Education Interventions

    01/14/2014

    Y

     

     

    IHBAA-R

     

    Referral and Use of General Education Interventions- Administrative Procedure

     

    04/08/2008

     

    Y

    1/14/2014

    strikethough entire policy

    IHBAC

    Child Find Policy

    03/12/2019

    Y

     

    IHBAL

    Grievance Procedure for Persons with Disabilities

    12/11/2018

    Y

     

    IHBB

    Gifted and Talented

    09/10/2013

    N

     

    IHBEA

    English Learners

    05/14/2019

    N

     

    IHBG

    Home Instruction Program

    01/14/2014

    Y

     

    IHBGA

    Home Schooling - Participation in School Programs

    01/14/2014

    Y

     

    IHCDA

    Post-Secondary Enrollment Options

    01/14/2014

    Y

     

    IHOA

    Student Travel and Field Trips

    02/12/2019

    N

     

    IHOA-E

    Student Travel and Field Trip Authorization Form

    03/10/2015

    N

     

    IHOA-E2

    Parent Consent Form for Student Travel/Field Trip

    03/10/2015

    N

     

    IIB

    Class Size

    12/08/2015

    N

     

    IJJ

    Instructional and Library Materials Selection

    01/14/2014

    Y

     

    IJJ-E

    Citizen's Challenge of Educational Media Form

    09/10/2013

    N

     

    IJND

    School District's Website

    09/10/2013

    N

     

    IJNDB

    Student Computer and Internet Use and Internet Safety

    11/10/2020

    Y

     

    IJNDB-R

    Student Computer and Internet Use Rules

    11/10/2020

     

     

    IJOC

    School Volunteers

    06/13/2017

    N

     

    IKAB

    Student Progress Reports to Parents

    01/14/2014

    N

     

    IKB

    Homework

    02/11/2014

    N

     

    IKD

    Honor Roll

    02/11/2014

    N

     

    IKE

    Promotion, Retention and Acceleration of Students

    09/12/2017

    Y

     

    IKF

    Graduation Requirements

    09/12/2017

    Y

     

    IKFA

    Early Graduation

    01/14/2014

    N

     

    IKFC

    Awarding of High School Course Credit Prior to Grade 9

    01/14/2014

    N

     

    ILA

    Student Assessment

    01/14/2014

    Y

     

    ILD

    Student Surveys and Marketing Information

    01/14/2014

    Y

     

    IMB

    Teaching about Controversial Issues

    03/09/2021

    N

     

    IMBB

    Exemption from Required Instruction

    03/09/2021

    Y

     

    IMG

    Animals in Schools

    01/14/2014

    N

     

    JB

    Transgender Students

    11/08/2016

    N

     

    JEA

    Compulsory Student Attendance

    1/14/2014

    Y

     

     

    CODE

     

    Name of Policy

    Last Policy Revised

     

    Required

     

    Notes

    JFAB

    Admission of Non-Resident Students

    01/14/2014

    N

     

    JFABB

    International Exchange Student Program

    01/14/2014

    N

     

    JFABD

    Education of Students Who are Homeless

    05/11/2021

    Y

     

     

    JFABD-R

    Education of Students Who are Homeless Administrative Procedure

     

    05/11/2021

     

    N

     

    JFC

    Dropout Prevention Committee

    05/11/2021

    Y

     

    JG

    Student Placement within Schools

    02/11/2014

    N

     

    JGAA

    Assignment of Students to Classes (Five Year Olds)

    02/11/2014

    N

     

    JHB

    Truancy

    02/11/2014

    N

     

     

    JHCA

    Use of Unscheduled Class time for High School Juniors & Seniors

     

    03/10/2015

     

    N

     

    JIC

    Student Code of Conduct

    11/18/2014

    Y

     

    JICA

    Student Dress

    11/18/2014

    N

     

    JICB

    Care of Student Property

    02/11/2014

    N

     

    JICC

    Student Conduct on Buses

    02/11/2014

    N

     

     

    JICH

    Student Use of Alcohol, Drugs, Tobacco and Other Prohibited Substances

     

    11/18/2014

     

    Y

     

     

    JICH-R

    Administrative Procedure for Student use of Alcohol, Drugs and other Substances

     

    11/18/2014

     

    N

     

    JICIA

    Weapons, Violence and School Safety

    09/10/2013

    Y

     

    JICK

    Bullying and Cyberbullying Prevention in Schools

    11/10/2020

    Y

     

    JICK-E

    Record Of Reported Bullying Incident

    02/14/2017

    N

     

     

    JICK-R

    Bullying and Cyberbullying Prevention in Schools Administrative Procedure

     

    11/10/2020

     

    N

     

    JID

    Students of Legal Age

    05/12/2015

    N

     

     

    JIH

    Questioning and Searches of Student and Student's Locker/Storage Facilities

     

    06/09/2015

     

    N

     

     

    JIH-R

    Questioning and Searches of Student and Student's Locker/Storage Facilities Procedures

     

    06/09/2015

     

    N

     

    JJH

    Interrupted Study

    10/13/2015

    N

     

    JJI

    Athletic Policy Philosophy & Beliefs

    09/11/2007

    N

     

    JJI-R

    Athletic Policy Philosophy & Beliefs Procedures

    09/11/2007

    N

     

     

    JJIAB

    Private School Students Access to Public School Co- Curricular, Interscholastic and Extracurricular Activities

     

    1/8/2019

     

    N

     

     

    JJIAB-E1

    Private School Application for Participation In Cape Elizabeth Extracurricular Activities

     

    12/13/2011

     

    N

     

     

    JJIAB-E3

    Verification of Private School Student Eligibility for Participation In Cape Elizabeth Co Curricular Activities

     

    12/13/2011

     

    N

     

     

    JJIAB-E4

    Verification of Private School Student Eligibility for Participation In Cape Elizabeth Co Curricular Activities

     

    12/13/2011

     

    N

     

    JJIBB

    Sportsmanship

    09/09/2008

    N

     

    JJIBC

    Relations with Booster Groups

    02/12/2019

    N

     

    JJIBD

    Athletic Policy- Sanctioning of Sports

    01/08/2019

    N

     

    JJIF

    Management of Concussions and Other Head Injuries

    10/09/2018

    Y

     

    JJIG

    Evaluation of Coaches

    05/14/2003

    N

     

     

    CODE

     

    Name of Policy

    Last Policy Revised

     

    Required

     

    Notes

     

    JJJ

    High School Co-Curricular and Extra Curricular Activities Eligibility and Code of Conduct

     

    10/8/2017

     

    N

     

    JK

    Student Discipline

    12/11/2012

    Y

     

    JKAA

    Use of Physical Restraint and Seclusion

    08/27/2013

    Y

     

    JKAA-R

    Procedure on Physical Restraint and Seclusion

    08/27/2013

    Y

     

    JKD

    Suspension of Students

    11/8/2014

    N

     

    JKE

    Expulsion of Students

    12/11/2012

    N

     

    JKE-R

    Expulsion Hearing and Re-entry Guidelines

    12/11/2012

    N

     

    JKF

    Disciplinary Removal of Students with Disabilities

    12/11/2012

    Y

     

     

    JKF-R

    Administrative Procedures for Disciplinary Removal of Students with Disabilities

     

    04/08/2008

     

    Y

     

    JL

    Student Wellness

    09/12/2017

    Y

     

    JLCA

    Sharing Medical Information Between School and Home

    06/09/2020

    N

     

    JLCB

    Immunization of Students

    09/11/2018

    Y

     

    JLCB-E

    Yearly Immunization Forms

    07/2020

    N

     

    JLCC

    Communicable/Infectious Diseases

    12/11/2018

    Y

     

    JLCD

    Administering Medication to Students

    12/12/2017

    Y

     

    JLCD-R

    Permission to Administer Medication in School Form

    12/12/2017

    N

     

    JLCDA

    Medical Marijuana in Schools

    12/12/2017

    N

     

    JLCE

    First Aid

    06/1998

    N

     

    JLCEA

    Managing Students with Food Allergies

    01/11/2005

    N

     

     

    JLDBG

    Reintegration of Students from Juvenile Correctional Facilities

     

    11/17/2015

     

    Y

     

    JLF

    Reporting Child Abuse and Neglect

    03/10/2020

    Y

     

    JLFA

    Child Sexual abuse Prevention and Rsponse

    03/10/2020

     

     

    JRA

    Student Education Records and Information

    03/12/2019

    Y

     

    JRA-E

    Notification of Rights Under FERPA

    12/13/2011

    Y

     

     

    JRA-R

    Student Education Records and Information Administrative Procedure

     

    11/03/2009

     

    Y

     

    JS

    Suicide Prevention

    06/09/2020

    Y

     

    KBF

    Parent Involvement in Title 1

    10/13/2009

    Y

     

    KCD

    Public Gift Donations to Schools

    11/8/2016

    N

     

    KCD-R

    Gift Acceptance Administrative Procedures

    11/8/2016

    N

     

    KDB

    Public's Right to Know/Freedom of Access

    12/12/2012

    N

     

    KCE

    Receiving Education Foundation Funds

    12/12/2006

     

     

    KF

    Community Use of School Facilities

    02/12/2019

    N

     

    KHB

    Advertising in Schools

    4/4/2019

    N

     

    KHC

    Distribution of Non-School Material

    5/14/2019

    N

     

    KI

    Visitors to the Schools

    05/12/2009

    N

     

    KLD

    Public Complaints about School Personnel

    05/12/2009

    N

     

    KLG

    Relations with Law Enforcement Authorities

    11/18/2014

    N

     

    KLG-R

    Relations with Law Enforcement Authorities Procedure

    11/17/2015

    N

     

    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:

    Plans

    Plans

    Lau Plan

    1. General Policy Statement - The Cape Elizabeth is committed to ensuring that Multilingual Learners (ML) are able to access and participate meaningfully in the district's educational programs. In accordance with federal law and School Board Policy IHBEA, the Cape Elizabeth School Department (CESD) will implement this Lau Plan, which delineates the procedures to be followed on behalf of its MLs.
    2. Legal Foundation - when a student has been identified as a possible ML, Maine requires the education program of an ML to be overseen by a Maine ML endorsed teacher. Federal law further requires the education of all MLs to be design, overseen, and implemented by an ML endorsed teacher. Only an ML endorsed teacher meets the legal requirements to provide ML services.
      1. Civil Rights Act (Title VI) of 1964: No person in the United States shall, on the grounds of race, color, or natural origin be excluded from participation in, be denied under the benefits of, or be subjected to discrimination under any program or activity receivin federal financial assistance.
      2. Lau v. Nichols: US Supreme Court decision of 1974:  There is no equality of treatment merely by providing students with the same facilities, textbook, teachers, and curriculum, for students who do not understand English are effectively foreclosed from any meaningful education.
      3. Memorandum, May 25, 1970 Dept. of HEW: Where inability to speak and understand the English language excluded national origin-minority children form effective participation in the educational program offered by a school district, the district must take affirmative steps to rectify the language deficiency in order to open it's instructional program to these students.
      4. Office of Civil Rights, Fall, 1985 memo on the May 23, 1970 Memorandum: Title VI rights are for individual rights, thus LES's must heed the May 25th memorandum even if they only have a single Limited English Proficient (LEP) Student.
    3. Responsibility for Lau Plan Implementation - The Superintendent will appoint a Lau Plan Coordinator to oversee implementation of the Lau Plan for the CESD, including procedures for screening, identification, placement, programming, assessment, exiting, and monitoring. The Lau Plan Coordinator will report directly to the Superintendent.
    4. Identification Process - Limited English proficiency is not a disability covered by the federal Individuals with Disabilities Education Act of Maine special education regulations. MLs will not be placed in special education programs without a separate determination of the need for such services. Further, living in a home in which another language is routinely spoken does not automatically identify a student as an ML.
      1. Screening:
        1. Language Use Survey - At Kindergarten screening and whenever a student enrolls in the Cape Elizabeth schools, the student's parent/guardian will be asked to complete the Maine Department of Education's Language Use Survey.
        2. Other Screening Methods -  In addition to the Language Use Survey, the following methods may be used to identify students who may need Multilingual Learning Services:
          1. Teacher referral;
          2. Parent/guardian referral;
          3. Student self-referral; and
          4. Review of prior educational records, including any ML services.
      2. Assessment
        1. WIDA Assessments - Maine is a member of the World Class Instructional Design and Assessment (WIDA) Consortium. The WIDA Consortium is dedicated to providing a linguistically and culturally appropriate system for supporting Multilingual learners in the K-12 classroom setting. WIDA assessments that are administered to inform identification include for the preLAS, Screener for Kindergarten, and Screener Online (Grades 1-12).
        2. Other Assessments - Other assessments that may be used to inform identification include:
          1. NWEA assessments;
          2. Classroom-based/course assessments'
          3. Teacher observations;
          4. Parent/guardian and student interviews; and
          5. Prior education records.
      3. Formal Identification
        1. A certified (660 English - Second Language K-12) ESOL teacher will use results from the screening assessments to determine the student's level of English proficiency and, if appropriate, identify the student as an ML within 30 days of enrollment from the beginning of the school year or within 30 days of enrollment during the school year.
        2. If a student has been identified as an ML, but a teacher, administrator, or parent/guardian believes that this identification is incorrect, a request for change in identification may be made within 90 days of enrollment.
    5. Placement and Programming
      1. Once a student has been identified as an ML, the ML teacher, in consultation with a school administrator, guidance counselor, classroom teacher, and parent/guardian who together comprise the student's Language Acquisition Committee (LAC), will consider the following factors in determining appropriate placement and programming to support the student in achieving English proficiency and the Maine Learning Results:
        1. Student's chronological age;
        2. Student's English proficiency level;
        3. Student's educational background; and
        4. Student's academic performance.
      2. Placement and programming decisions are made on a case-by-case basis and will include at lease one of the following:
        1. Small group or one-on-one instruction with the ML teacher in a pull-out setting;
        2. Small group or one-on-one instruction with an educational technician or volunteer under the supervision of the ML teacher in a pull-out setting;
        3. ML support provided in a mainstream classroom by the ML teacher or educational technician;
        4. Curriculum/assessment modifications appropriate for the student and implemented by the classroom teacher.
        5. Support, including curriculum/assessment modifications, provided through consultation by the ML teacher and mainstream teacher.
      3. Student programming and ancillary ML services will be supported by dedicated cost centers within the school department's annual budget.
    6. Evaluation of Student Progress - Each ML will have an Individual Language Acquisition Plan (ILAP) developed by the ML teacher, in consultation with the student's LAC. The ILAP will evaluate student progress and establish new goals, and will be updated annually until the student exits from ML services. The ILAP will be based on:
      1. Annual ACCESS for ELLs results;
      2. Student performance on other standardized and classroom-based assessments;
      3. Teacher observations; and
      4. Parent/guardian and student input.
    7. Exit Criteria - MLs may be exited from ML services once they have achieved an overall composite score of 4.5 on the ACCESS for ELLs.
    8. Monitoring - A student who has been exited from ML services will be monitored by the ML teacher for two years. If the student experiences academic difficulties, they may be reassessed in accordance with Lau Plan procedures to determine whether English language support should be resumed.
    9. Program Evaluation -  The Lau Plan Coordinator is responsible for evaluating the overall effectiveness of the Lau Plan. An effective plan is on in which students are making progress toward achieving English proficiency and are able to access and participate meaningfully in the district's educational programs. The Lau Plan Coordinator will perform the following functions annually:
      1. Review staff compliance with Lau Plan procedures;
      2. Review student progress in achieving English proficiency and participating in school programs;
      3. Obtain feedback from staff, parents/guardians, and students, as appropriate, concerning ML services;
      4. Share the results of the program evaluation and any recommendations for improvements to the Lau Plan or ML services with the superintendent.
    10. Parent/Guardian Notification and Rights - If practicable, school information will be provided in a language the parent/guardian can understand. In addition, whenever feasible, an interpreter will be provided at parent-teacher conferences and LAC meetings to assist parent/guardians in understanding their child's programming and progress toward achieving English proficiency. Parents/guardians have the right to refuse ML services for their child. Parents who do not want their child to have ML services are required to sign a letter of refusal that will be placed in the student's cumulative folder.
    11. Recordkeeping - All records pertaining to a student's ML status, including Language Use Surveys, assessments, ILAPs, and monitoring documentation, will be included in the student's cumulative folder. Appropriate recordkeeping is the responsibility of the ML teacher and, once the student has been exited from ML services, school counselors.
    12. Glossary of Terms
      • ESL/ESOL/EL Services: English as a Second Language/English to Speakers of Other Languages/English Learner Services: use of special curriculum and services to help students who come from a non-English language background learn English
      • LAC: Language Assessment Committee: committee charged with responsibilities that include identifying and generally meeting the needs of Non-English Proficient (NEP) and Limited English Proficient (LEP) students
      • ILAP: Individualized Language Acquisition Plan: a plan developed an individual student defining the special languages services needed to make a transition from NEP to LEP status to Fluent English Proficiency (FEP) status
      • Lau: Informal reference to Civil Rights Act and required school districts to provide special assistance to MLs who were unable to benefit from an education conducted primarily in English
      • LEP/ML/EL: Limited English Proficiency/Multilingual Learner/English Learner: students who have a primary language other than English and are unable to participate effectively in school when English is the language of instruction
      • HLS: Home Language Survey: form completed at registration to indicate a student's language background in and out of school
      • ACCESS: Assessing Communicative Competence in English State to State: The ACCESS for MLs is the new annual comprehensive system that will measure both conversational and academic language at all grade levels for MLs
      • WIDA: Wisconsin, Delaware, Arkansas, the original partners in a consortium that produced an enhanced assessment system designed to measure English Language competence in both social and academic English. Later, WIDA became known as World-class Instructional Design Assessment. Maine joined the WIDA consortium in the fall of 2003, six months after the consortium was formed

    SCHOOL BOARD APPROVED:  June 20, 2012

                                                            May 14, 2019

                                                            February 13, 2024