Hull Public Schools Annual Mandated Civil Rights Training August 27, 2012 Judith Kuehn Assistant...

Hull Public SchoolsHull Public SchoolsAnnual Mandated Civil Rights TrainingAnnual Mandated Civil Rights Training

August 27, 2012August 27, 2012

Judith KuehnJudith KuehnAssistant SuperintendentAssistant Superintendent

Learning ObjectivesLearning Objectives

• Participants Will Gain an Understanding of:Participants Will Gain an Understanding of:

– Key Civil Rights Laws Key Civil Rights Laws

– 504 Accommodation Plans504 Accommodation Plans

– Behavior Restraint ProceduresBehavior Restraint Procedures

– Mc-Kinney Vento Act “Homeless”Mc-Kinney Vento Act “Homeless”

– Confidentiality Confidentiality

– Bullying Bullying

Civil RightsCivil Rights

•Federal Laws Require:Federal Laws Require: Full Compliance and AccountabilityFull Compliance and Accountability District-Wide Coordinators District-Wide Coordinators Grievance ProceduresGrievance Procedures Oversight by Office of Civil RightsOversight by Office of Civil Rights

Key Civil Rights LawsKey Civil Rights Laws

• Title VI: Title VI Civil Rights Act of 1964Title VI: Title VI Civil Rights Act of 1964

– Prohibits discrimination, exclusion from Prohibits discrimination, exclusion from participation and denial of benefits based participation and denial of benefits based on on

race, color or national origin in programs or race, color or national origin in programs or activities receiving federal financial activities receiving federal financial assistance.assistance.

– Ms. Judith KuehnMs. Judith Kuehn


• Title IX: Title IX of the Education Amendments Title IX: Title IX of the Education Amendments of 1972 regarding Sexual Harassmentof 1972 regarding Sexual Harassment

– Prohibits discrimination, exclusion from Prohibits discrimination, exclusion from participation, and denial of benefits based on sex in participation, and denial of benefits based on sex in educational programs and activities receiving educational programs and activities receiving federal financial assistance.federal financial assistance.

• Ms. Rebecca MacDonaldMs. Rebecca MacDonald• Ms. Judith KuehnMs. Judith Kuehn

Sexual Harassment Title Sexual Harassment Title IXIX

• Sexual harassment of students is unwelcome Sexual harassment of students is unwelcome conduct of sexual nature by:conduct of sexual nature by:– school employees.school employees.– other students.other students.– third parties.third parties.

• Sexual harassment of a student can deny or Sexual harassment of a student can deny or limit participation in school programs limit participation in school programs therefore, a form of sex discrimination under therefore, a form of sex discrimination under Title IX.Title IX.


Title I of the Americans Disabilities Act of Title I of the Americans Disabilities Act of 19901990

• Prohibits:Prohibits:– Discrimination, exclusion from participation, and Discrimination, exclusion from participation, and

denial of benefits on the basis of disability in the denial of benefits on the basis of disability in the areas of employment.areas of employment.

• Ms. Judith KuehnMs. Judith Kuehn


• Title II of the Americans with Disabilities Title II of the Americans with Disabilities Act of 1990Act of 1990

• Prohibits discrimination, exclusion from Prohibits discrimination, exclusion from participation, and denial of benefits on the participation, and denial of benefits on the basis of disability in the areas of basis of disability in the areas of educational programming and activities.educational programming and activities.

• Ms. Judith KuehnMs. Judith Kuehn

Section 504 of the Section 504 of the Rehabilitation Act of Rehabilitation Act of

19731973

““No otherwise qualified handicapped No otherwise qualified handicapped

individual shall, solely by reason of his individual shall, solely by reason of his

handicap, be excluded from participation in, handicap, be excluded from participation in,

be denied the benefits of, or be subjected to be denied the benefits of, or be subjected to

discrimination in any program or activity discrimination in any program or activity

receiving federal financial assistance.”receiving federal financial assistance.”

Section 504Section 504

• Prohibits discrimination, exclusion from Prohibits discrimination, exclusion from participation and denial of benefits based participation and denial of benefits based on disability in programs or activities on disability in programs or activities receiving federal financial assistance.receiving federal financial assistance.

– Ms. Philippa YoungMs. Philippa Young– Ms. Andrea CenterrinoMs. Andrea Centerrino– Ms. Rebecca MacDonald Ms. Rebecca MacDonald – Ms. Maureen RosenplanterMs. Maureen Rosenplanter

What Constitutes a 504 What Constitutes a 504 Evaluation?Evaluation?

• 504 Team: 504 Team: Individuals Knowledgeable about:Individuals Knowledgeable about:– The StudentThe Student– Meaning of Evaluation DataMeaning of Evaluation Data– Potential Accommodations OptionsPotential Accommodations Options

• Sample Evaluation Information Sample Evaluation Information – Record Review; Student ObservationsRecord Review; Student Observations– Informational Inventories; Formal AssessmentsInformational Inventories; Formal Assessments– Teacher Reports; Student Work SamplesTeacher Reports; Student Work Samples– Medical/Health Data/DiagnosisMedical/Health Data/Diagnosis

General Education Vs. 504General Education Vs. 504

• General Education: General Education: –11stst Consideration Consideration

• Can student’s needs be met through General Can student’s needs be met through General Education accommodations?Education accommodations?

• 504 Plan: 504 Plan: –Does student’s disability Does student’s disability substantiallysubstantially impact one or more of life’s major activities impact one or more of life’s major activities and require accommodations?and require accommodations?

• (Federal Eligibility Criteria)(Federal Eligibility Criteria)

Key 504 Compliance: Key 504 Compliance: Staff ResponsibilitiesStaff Responsibilities

• Make Programs and Make Programs and Activities Accessible Activities Accessible within Least within Least Restrictive Restrictive EnvironmentEnvironment

• Provide Provide Reasonable Reasonable Accommodations Accommodations

• Comply with Comply with Accommodations in Accommodations in Student’s 504 PlansStudent’s 504 Plans

Major Difference: 504 vs. Special Major Difference: 504 vs. Special Education EligibilityEducation Eligibility

RequirementsRequirements 504 Eligibility504 Eligibility Special Special Education Education EligibilityEligibility

Student has a disabilityStudent has a disability Including but not Including but not limited to:limited to:ADD, Emotional, ADD, Emotional, Blindness, Visual Blindness, Visual Impairment, Hearing Impairment, Hearing Impairment, Cerebral Impairment, Cerebral Palsy, Diabetes, Palsy, Diabetes, Epilepsy, specific Epilepsy, specific learning disability, etc.learning disability, etc.

Including: Autism, Including: Autism, Developmental Delay Developmental Delay and Intellectual, and Intellectual, Sensory, Neurological, Sensory, Neurological, Emotional, Emotional, Communication, Communication, Physical, Health, Physical, Health, Specific Impairments, Specific Impairments, Multiple Disabilities, Multiple Disabilities, specific learning specific learning disability, ADDdisability, ADD

Student’s Disability impacts 1 or more Student’s Disability impacts 1 or more of life’s major activities and requires of life’s major activities and requires Accommodation PlanAccommodation Plan Student’s Disability falls within Student’s Disability falls within Federal definition, impacts student’s Federal definition, impacts student’s ability to make effective progress in ability to make effective progress in general curriculum and requires general curriculum and requires specialized instructionspecialized instruction and/or and/or related servicesrelated services

Who is NOT Eligible for a Who is NOT Eligible for a 504 Plan? 504 Plan?

• A student is not automatically eligible for a A student is not automatically eligible for a 504 Plan just because he/she doesn’t 504 Plan just because he/she doesn’t qualify for an IEP. A 504 Plan is not a qualify for an IEP. A 504 Plan is not a consolation prize.consolation prize.

• A student that has a disability or medical A student that has a disability or medical diagnosis that does not substantially impact diagnosis that does not substantially impact his/her ability to learn.his/her ability to learn.

What are Key 504 What are Key 504 Liability Issues for StaffLiability Issues for Staff??

• Failure by individual to make Failure by individual to make reasonablereasonable

accommodations as required by law accommodations as required by law

• Risk for district and personal liability for Risk for district and personal liability for damages, attorney’s fees and damages, attorney’s fees and compensatory servicescompensatory services

Discrimination/Discrimination/Harassment ConnectionHarassment Connection

~Harassment could deny a student the ~Harassment could deny a student the right to an education free of right to an education free of

discrimination and could threaten a discrimination and could threaten a studentstudent’’s physical or emotional well-s physical or emotional well-

being, influence how well a student does being, influence how well a student does in school and make it difficult for a in school and make it difficult for a student to achieve his or her career student to achieve his or her career goals. Also, the courts have made it goals. Also, the courts have made it

clear that, where harassment interferes clear that, where harassment interferes with benefits protected by law, it creates with benefits protected by law, it creates

a a ‘‘hostile environment.hostile environment.’’~~

What is a “hostile What is a “hostile environment”?environment”?

– A “hostile environment” is created when A “hostile environment” is created when conduct is “sufficiently severe, pervasive, conduct is “sufficiently severe, pervasive, or persistent so as to interfere with or limit or persistent so as to interfere with or limit a student’s ability to participate in or a student’s ability to participate in or benefit from the services, activities, or benefit from the services, activities, or opportunities offered by a school.”opportunities offered by a school.”

Dear Colleague Letter, SS IDELR 174 (OCR 2010)Dear Colleague Letter, SS IDELR 174 (OCR 2010)

Bullying/HarassmentBullying/Harassment

• T.K. v. NYCT.K. v. NYC: This will not be the last : This will not be the last case that holds that tolerance of case that holds that tolerance of bullying can be a denial of FAPE.bullying can be a denial of FAPE.

• NOTE: It is not NOTE: It is not BULLYINGBULLYING that denies that denies FAPE, but FAPE, but TOLERANCETOLERANCE of it through of it through DELIBERATE INDIFFERENCEDELIBERATE INDIFFERENCE..

Harassment based on Harassment based on protected classesprotected classes

• Be aware of harassment based on Be aware of harassment based on otherother

protected classes.protected classes.

• Aside from sexual harassment it is Aside from sexual harassment it is common to see harassment based on:common to see harassment based on:RaceRace National OriginNational Origin

DisabilityDisability ReligionReligion

Sexual OrientationSexual Orientation ColorColor

AgeAge

Bullying generally refers Bullying generally refers to conduct that:to conduct that:

• Adversely affects a student’s ability to Adversely affects a student’s ability to participate in or benefit from the school’s participate in or benefit from the school’s educational programs or activities.educational programs or activities.

• Results from repeated negative actions by one Results from repeated negative actions by one or more students over time.or more students over time.

• Occurs in a relationship where there is an Occurs in a relationship where there is an imbalance of power.imbalance of power.

– Some bullying incidents can be Some bullying incidents can be HHarassment arassment (capital “(capital “HH”) and unlawful based on anti-”) and unlawful based on anti-discrimination laws.discrimination laws.

An Act Relative to An Act Relative to Bullying in SchoolsBullying in Schools

• Chapter 92 Acts of 2010Chapter 92 Acts of 2010

• This law requires school districts to develop This law requires school districts to develop and adopt bullying prevention and and adopt bullying prevention and intervention plans.intervention plans.

• Intervention plan is available on the district Intervention plan is available on the district website.website.

What is Bullying?What is Bullying?

• Bullying is defined as the repeated use of a Bullying is defined as the repeated use of a written, verbal, or electronic communication, or written, verbal, or electronic communication, or a physical act or gesture, or any combination a physical act or gesture, or any combination thereof, by one or more students directed at thereof, by one or more students directed at another student that has the effect of: another student that has the effect of: – causing physical or emotional harm to the other student causing physical or emotional harm to the other student

or damage to his or her property;or damage to his or her property;– placing the other student in reasonable fear of harm to placing the other student in reasonable fear of harm to

him or herself or of damage to his or her property; him or herself or of damage to his or her property; – creating a hostile environment at school for the bullied creating a hostile environment at school for the bullied

student; student; – infringing on the rights of the other student at school; infringing on the rights of the other student at school; – Or materially and substantially disrupting the education Or materially and substantially disrupting the education

process or the orderly operation of a school.process or the orderly operation of a school.

The Law Prohibits The Law Prohibits Bullying:Bullying:

• At school and at all school facilities;At school and at all school facilities;

• At school-sponsored or school-related At school-sponsored or school-related functions, whether on or off school grounds;functions, whether on or off school grounds;

• On school buses and school bus stops;On school buses and school bus stops; through the use of technology or an electronic through the use of technology or an electronic

device owned, licensed or used by a school; device owned, licensed or used by a school; andand

• At non-school-related locations and through At non-school-related locations and through non-school technology or electronic devices, if non-school technology or electronic devices, if the bullying affects the school environment.the bullying affects the school environment.

District Bullying District Bullying Intervention Plan Intervention Plan

Contains:Contains:• Procedures for responding to and investigating Procedures for responding to and investigating

reports of bullying. reports of bullying. • Strategies for protecting those who report Strategies for protecting those who report

bullying. bullying. • Notice to the parents or guardians of students Notice to the parents or guardians of students

involved in bullying, including perpetrators and involved in bullying, including perpetrators and victims. victims.

• Appropriate services for students who have been Appropriate services for students who have been bullied or who are bullies. bullied or who are bullies.

• Annual staff training & professional Annual staff training & professional development.development.

• Age appropriate instruction on bullying Age appropriate instruction on bullying prevention in each grade.prevention in each grade.

Forms of BullyingForms of Bullying

• PhysicalPhysical– Hitting, kicking, harming with a weapon, biting, spitting Hitting, kicking, harming with a weapon, biting, spitting

on, pushing/shovingon, pushing/shoving

• VerbalVerbal– Name calling, teasing, shaming, intimidatingName calling, teasing, shaming, intimidating

• Emotional or SocialEmotional or Social– Social isolation, subjecting another to ridicule, making Social isolation, subjecting another to ridicule, making

up stories/events to embarrass a peerup stories/events to embarrass a peer

• Cyber Cyber – Email, facebook, cell phone, texting/sexting, Twitter, Email, facebook, cell phone, texting/sexting, Twitter,

blogging, YouTubeblogging, YouTube

• Destruction of propertyDestruction of property– Defacing, destroying, hiding, stealing personal Defacing, destroying, hiding, stealing personal

possessions possessions

Students Who Bully May:Students Who Bully May:

Control others.Control others. Lack empathy.Lack empathy. View violence in a positive way.View violence in a positive way. Associate with like peers.Associate with like peers. Be easily frustrated.Be easily frustrated. May be popular and respected, and May be popular and respected, and

have have good self-esteem.good self-esteem.

Is That Student Being Is That Student Being Bullied?Bullied?

Student most likely won’t tell.Student most likely won’t tell.

Student feels ashamed.Student feels ashamed.

Look for behavioral signs.Look for behavioral signs.

Trust your instincts – report.Trust your instincts – report.

Targets of Bullying May Targets of Bullying May Experience:Experience:

Reluctance to go to school.Reluctance to go to school. Destroyed or missing belongings.Destroyed or missing belongings. Decreased success in class.Decreased success in class. Unexplained bruises or injuries.Unexplained bruises or injuries. Lowered self-esteem.Lowered self-esteem. Complaints about feeling sick before Complaints about feeling sick before

school.school. Withdrawal and/or depression.Withdrawal and/or depression.

Mandated Reporting & Mandated Reporting & Responding Responding

• A staff member will report immediately to the principal or designee when he/she witnesses or becomes aware of conduct that may be bullying or retaliation. The requirement to report to the principal or designee does not limit the authority of the staff member to respond to behavioral or disciplinary incidents consistent with school or district policies and procedures for behavior management and discipline.

• District incident reporting form

INVESTIGATIONINVESTIGATION

The principal or designee will investigate promptly all reports of bullying or retaliation and, in doing so, will consider all available information known, including the nature of the allegation(s) and the ages of the students involved.

Responses to BullyingResponses to Bullying

• The principal or designee will notify parents of the target and the aggressor about the results of the investigation and, if bullying or retaliation is found, what action is being taken to prevent further acts of bullying or retaliation.

• All notice to parents must comply with applicable state and federal privacy laws and regulations. Because of the legal requirements regarding the confidentiality of student records, the principal or designee cannot report specific information to the target’s parent or guardian about the disciplinary action.

Notice to Law Notice to Law EnforcementEnforcement

•At any point after receiving a report of bullying or retaliation, including after an investigation, if the principal or designee has a reasonable basis to believe that criminal charges may be pursued against the aggressor, the principal will notify the local law enforcement agency.

How Does This Affect How Does This Affect Special Education?Special Education?

• Special education students may be Special education students may be more likely to be subjected to acts of more likely to be subjected to acts of bullying and harassment.bullying and harassment.

Bullying & Special EducationBullying & Special Education

When the IEP Team determines the student has a disability that affects social skills development or the student may participate in or is vulnerable to bullying, harassment, or teasing because of his/her disability, the Team will consider what should be included in the IEP to develop the student's skills and proficiencies to avoid and respond to bullying, harassment, or teasing.

M.G.L. c. 71B, § 3, as amended by Chapter 92 of the Acts of 2010

Complaint ProceduresComplaint Procedures

• Issues of bullying, discrimination and Issues of bullying, discrimination and harassment are particularly sensitive for harassment are particularly sensitive for adults and students.adults and students.

• If a teacher or student receives a report of If a teacher or student receives a report of harassment and discrimination, such harassment and discrimination, such reports should be taken seriously.reports should be taken seriously.

• AlwaysAlways report information to the proper report information to the proper school authority.school authority.

SafetySafety

• Regardless of what type of harassment Regardless of what type of harassment occurs, a school must take immediate occurs, a school must take immediate and appropriate steps to stop or prevent and appropriate steps to stop or prevent it from happening again. The judgment it from happening again. The judgment and common sense of teachers and and common sense of teachers and administrators are important elements of administrators are important elements of any response.any response.

Bullying/HarassmentBullying/HarassmentCourt CasesCourt Cases

• Courts are trying to draw a clear line Courts are trying to draw a clear line between bullying vs. the normal give and between bullying vs. the normal give and take of adolescent life - tough thing to do. take of adolescent life - tough thing to do.

• Courts continue to follow the general rule Courts continue to follow the general rule that schools are not liable for what others that schools are not liable for what others do (other students, third parties) but only do (other students, third parties) but only for their own deliberate indifference to for their own deliberate indifference to obvious harm.obvious harm.

CASE STUDY # 1CASE STUDY # 1Shore Reg’l. High Sch. Bd. Of Shore Reg’l. High Sch. Bd. Of

Educ. V. P.S.,Educ. V. P.S., 41 IDELR 234 (3d 41 IDELR 234 (3d Cir. 2004)Cir. 2004)

1.1. Middle school boy with depression and Middle school boy with depression and labeled EDlabeled ED

2.2. Years of bullying due to his perceived Years of bullying due to his perceived sexual orientationsexual orientation

3.3. Attempted suicide in the 8Attempted suicide in the 8thth grade grade4.4. Request by parents to transfer to Request by parents to transfer to

neighboring LEA so that the boy would neighboring LEA so that the boy would not matriculate to high school with the not matriculate to high school with the gang of bulliesgang of bullies

What Did the Court Say?What Did the Court Say?

A.A. Bullying due to sexual orientation is not related Bullying due to sexual orientation is not related to the boy’s disability.to the boy’s disability.

B.B. Forcing the boy to attend high school with the Forcing the boy to attend high school with the gang of boys who had bullied him for years gang of boys who had bullied him for years would constitute a denial of FAPE.would constitute a denial of FAPE.

C.C. Placement at the LEA high school with a Placement at the LEA high school with a behavior plan that called for weekly counseling behavior plan that called for weekly counseling and self-reporting satisfied the FAPE obligation.and self-reporting satisfied the FAPE obligation.

D.D. None of the above.None of the above.

The Correct Answer is..The Correct Answer is..

B.B. Forcing the boy to attend high school Forcing the boy to attend high school with the gang of boys who had bullied with the gang of boys who had bullied him for years would constitute a him for years would constitute a denial of FAPE.denial of FAPE.

CASE STUDY # 2CASE STUDY # 2R.R. v. Kinsport City sch. Dist., 45R.R. v. Kinsport City sch. Dist., 45

IDELR 212 (SEA TN 2005)IDELR 212 (SEA TN 2005)

1.1. 99thth grade boy with an LD in written grade boy with an LD in written expression and ADHD was involved in 5 expression and ADHD was involved in 5 altercations (verbal and physical) with peers altercations (verbal and physical) with peers over a 7-month period.over a 7-month period.

2.2. Parents complained to administrators about Parents complained to administrators about bullying.bullying.

3.3. LEA developed and implemented a BIP LEA developed and implemented a BIP (counseling; self-reporting of bullying; social (counseling; self-reporting of bullying; social skills training).skills training).

4.4. LEA placed an adult escort with the boy LEA placed an adult escort with the boy throughout the school day.throughout the school day.

5.5. Boy was beaten up again—parents withdrew Boy was beaten up again—parents withdrew him and sued for denial of FAPE.him and sued for denial of FAPE.


A.A. Administrators took every action necessary Administrators took every action necessary in response to allegations of bullying.in response to allegations of bullying.

B.B. Student was denied FAPE because the Student was denied FAPE because the school failed to prevent attacks after the school failed to prevent attacks after the parents’ report of bullying.parents’ report of bullying.

C.C. Getting into a fight with peers does not Getting into a fight with peers does not constitute bullying per se.constitute bullying per se.



A.A. Administrators took very action necessary Administrators took very action necessary in response to the allegations of bullying.in response to the allegations of bullying.

ANDAND

C.C. Getting into a fight with peers does not Getting into a fight with peers does not constitute bullying per se.constitute bullying per se.

CASE STUDY # 3CASE STUDY # 3M.P. v. Indep. Sch. Dist. No. 721, M.P. v. Indep. Sch. Dist. No. 721,

3838 IDELR 262 (8 IDELR 262 (8thth Cir. 2003) Cir. 2003)

1.1. A school health paraprofessional A school health paraprofessional divulged to the school community that a divulged to the school community that a 16-year-old student had been diagnosed 16-year-old student had been diagnosed with schizophrenia.with schizophrenia.

2.2. Student was teased and physically Student was teased and physically harassed by peers.harassed by peers.

3.3. Student’s grades declined, and his Student’s grades declined, and his mental health condition deteriorated.mental health condition deteriorated.

4.4. Is this bullying? Disability-based Is this bullying? Disability-based harassment?harassment?


A.A. No, this is not bullying or disability-based No, this is not bullying or disability-based harassment.harassment.

B.B. Yes, this constitutes disability-based Yes, this constitutes disability-based harassment.harassment.

C.C. The school district could be found liable for The school district could be found liable for money damages.money damages.

D.D. The paraprofessional could be found to have The paraprofessional could be found to have acted with bad faith or gross misjudgment.acted with bad faith or gross misjudgment.


B.B. Yes, this constitutes disability-based Yes, this constitutes disability-based harassment.harassment.

ANDAND

C.C. The school district could be found liable The school district could be found liable for money damages.for money damages.

ANDAND

D.D. The paraprofessional could be found to The paraprofessional could be found to have acted with bad faith or gross have acted with bad faith or gross misjudgment.misjudgment.

CASE STUDY # 4CASE STUDY # 4P.R. v. Metro. Sch. Dist. Of P.R. v. Metro. Sch. Dist. Of

Washington Twp., Washington Twp., 55 IDELR 199 55 IDELR 199 (S.D. Ind. 2010)(S.D. Ind. 2010)

1.1. Middle school girl confided to her BFF that Middle school girl confided to her BFF that she was HIV+.she was HIV+.

2.2. The BFF passed this information on to others.The BFF passed this information on to others.3.3. The girl was teased and harassed for two The girl was teased and harassed for two

years at school.years at school.4.4. LEA responded to each incident of bullying by LEA responded to each incident of bullying by

meeting with alleged harassers, informing meeting with alleged harassers, informing parents, and punishing the perpetrators.parents, and punishing the perpetrators.

5.5. Was this enough to escape liability?Was this enough to escape liability?


A.A. Yes, the LEA acted appropriately.Yes, the LEA acted appropriately.

B.B. No, the LEA should have offered a private No, the LEA should have offered a private school placement to remove the girl from school placement to remove the girl from her tormentors.her tormentors.

C.C. No, the LEA is responsible for preventing No, the LEA is responsible for preventing this type of bullying/harassment.this type of bullying/harassment.

D.D. Yes, because LEA are not responsible for Yes, because LEA are not responsible for stopping all acts of bullying/harassment in stopping all acts of bullying/harassment in schools.schools.


A.A. Yes, the LEA acted appropriately.Yes, the LEA acted appropriately.

ANDAND

D.D. Yes, because LEA are not Yes, because LEA are not responsible for stopping all acts of responsible for stopping all acts of bullying/harassment in schools.bullying/harassment in schools.

CASE STUDY # 5CASE STUDY # 5

1.1. 77thth grade girl with ADHD and a 504 plan grade girl with ADHD and a 504 plan loves Lady Gaga.loves Lady Gaga.

2.2. Girl wears shirts with Lady Gaga’s photo Girl wears shirts with Lady Gaga’s photo to school, has a Lady Gaga lunch box, to school, has a Lady Gaga lunch box, Lady Gaga stickers on her backpack, etc.Lady Gaga stickers on her backpack, etc.

3.3. Other students subject girl to daily Other students subject girl to daily ridicule (calling her “Monster Girl”) ridicule (calling her “Monster Girl”) because of her devotion to Lady Gaga because of her devotion to Lady Gaga and have defaced her notebook sticker.and have defaced her notebook sticker.

4.4. The girl’s parents are threatening to file The girl’s parents are threatening to file an OCR complaint. What will OCR say?an OCR complaint. What will OCR say?


A.A. There is no evidence of disability-based There is no evidence of disability-based discrimination because the teasing has nothing to discrimination because the teasing has nothing to do with the girl’s disability.do with the girl’s disability.

B.B. There is evidence of disability-based discrimination There is evidence of disability-based discrimination because the girl has a 504 plan and a disability.because the girl has a 504 plan and a disability.

C.C. Students with disabilities under 504 are protected Students with disabilities under 504 are protected against all forms of bullying/harassment by virtue against all forms of bullying/harassment by virtue of their protected-class status.of their protected-class status.



A.A. There is no evidence of disability-There is no evidence of disability-based discrimination because the based discrimination because the teasing has nothing to do with the teasing has nothing to do with the girl’s disability.girl’s disability.

CASE STUDY # 6CASE STUDY # 6J.E. v. Boyertown Area Sch. Dist., J.E. v. Boyertown Area Sch. Dist., 56 IDELR 38 (E.D. Pa. 2011, 56 IDELR 38 (E.D. Pa. 2011, aff’daff’d, ,

57 IDELR 273 (3d Cir. 2011)57 IDELR 273 (3d Cir. 2011)

1.1. Elementary school boy has Asperger’s Elementary school boy has Asperger’s Syndrome.Syndrome.

2.2. Mother requested placement in private Mother requested placement in private school due to her fears that the boy school due to her fears that the boy would be subjected to bullying due to his would be subjected to bullying due to his disability.disability.

3.3. LEA proposed placement in a special LEA proposed placement in a special education classroom with a transition education classroom with a transition plan and counseling services.plan and counseling services.

4.4. Mother withdrew the child and sued Mother withdrew the child and sued seeking funding for private school.seeking funding for private school.


A.A. The LEA was ordered to fund the private school The LEA was ordered to fund the private school placement because it was reasonably placement because it was reasonably foreseeable that the boy would be subjected to foreseeable that the boy would be subjected to bullying in the public school environment.bullying in the public school environment.

B.B. Fears about possible future acts of bullying do Fears about possible future acts of bullying do not constitute a denial of FAPE.not constitute a denial of FAPE.

C.C. The LEA’s offer of placement and support The LEA’s offer of placement and support services satisfied its obligation to provide FAPE.services satisfied its obligation to provide FAPE.


C.C. The LEA’s offer of placement and The LEA’s offer of placement and support services satisfied its support services satisfied its obligation to provide FAPE.obligation to provide FAPE.

CASE STUDY # 7CASE STUDY # 7Mathers v. Wright, Mathers v. Wright, 56 IDELR 188 56 IDELR 188

(8(8thth Cir. 2011) Cir. 2011)

1.1. An elementary teacher refused to instruct a An elementary teacher refused to instruct a student with intellectual disabilities who was student with intellectual disabilities who was placed in her general education classroom.placed in her general education classroom.

2.2. Teacher excluded the child from recess and Teacher excluded the child from recess and fire drills, and allegedly forced her to crawl fire drills, and allegedly forced her to crawl on the floor in the classroom.on the floor in the classroom.

3.3. Do the teacher’s actions constitute Do the teacher’s actions constitute “bullying?”“bullying?”

4.4. Could the teacher be liable for money Could the teacher be liable for money damages?damages?


A.A. This teacher is in BIG TROUBLE!This teacher is in BIG TROUBLE!B.B. No, the teacher cannot be No, the teacher cannot be

personally liable because she is personally liable because she is protected by “qualified immunity.”protected by “qualified immunity.”

C.C. No, because teachers have the No, because teachers have the discretion to exclude students from discretion to exclude students from certain activities.certain activities.

D.D. This teacher needs to get a lawyer.This teacher needs to get a lawyer.


D.D. This teacher needs to get a lawyer.This teacher needs to get a lawyer.

And FAST!And FAST!

Bullying and Personal Bullying and Personal LiabilityLiability

• Can an individual teacher or Can an individual teacher or administrator be personally liable for administrator be personally liable for bullying a student with disabilities?bullying a student with disabilities?

What Must We Do To Avoid What Must We Do To Avoid Liability?Liability?

• Maintain anti-bullying policies and Maintain anti-bullying policies and programs in our school district.programs in our school district.

• Train staff to spot/stop bullying.Train staff to spot/stop bullying.• Take ALL reports of bullying/harassment Take ALL reports of bullying/harassment

seriously.seriously.• Meet with parents and students to hear Meet with parents and students to hear

complaints of bullying/harassment.complaints of bullying/harassment.• Investigate, interview, and document.Investigate, interview, and document.• Punish the perpetrators (NOT the victim)!Punish the perpetrators (NOT the victim)!

Remember…Remember…

• School districts are NOT liable for ALL School districts are NOT liable for ALL acts of bullying or harassment.acts of bullying or harassment.

• School districts are liable ONLY for acts of School districts are liable ONLY for acts of bullying/harassment when they are bullying/harassment when they are aware of this activity and fail to act aware of this activity and fail to act reasonably.reasonably.

• The law does not hold schools to a 100% The law does not hold schools to a 100% standard of perfection—you cannot standard of perfection—you cannot ensure that NO bullying or harassment ensure that NO bullying or harassment will occur!will occur!

DESE Physical Restraint DESE Physical Restraint RequirementsRequirements

• Annual Review Requirement, for ALL staff Annual Review Requirement, for ALL staff

• District Restraint Policy and ProceduresDistrict Restraint Policy and Procedures– Alternative Strategies to RestraintAlternative Strategies to Restraint– Required Staff Training Required Staff Training – Trained Teams as ResourcesTrained Teams as Resources– Types of Restraint and Related Safety IssuesTypes of Restraint and Related Safety Issues– Required Reporting & DocumentationRequired Reporting & Documentation

District Procedures District Procedures Physical RestraintPhysical Restraint

• Use reasonable force as necessary to protect a Use reasonable force as necessary to protect a student or other persons from assault, or student or other persons from assault, or imminent physical harm.imminent physical harm.

• Only trained persons to administer restraint.Only trained persons to administer restraint.

• Staff submits written report by the next day.Staff submits written report by the next day.

• Principal/Designee to inform parents.Principal/Designee to inform parents.

• Principal/Designee submits complaints about Principal/Designee submits complaints about restraint procedures to Director of Student restraint procedures to Director of Student Services.Services.

When may Physical When may Physical Restraint be Necessary?Restraint be Necessary?

When other, non-physical, interventions When other, non-physical, interventions have been tried and failed or are judged have been tried and failed or are judged to be inadequate to the circumstances.to be inadequate to the circumstances.

A student’s behavior poses a threat of A student’s behavior poses a threat of IMMINENTIMMINENT, , SERIOUS, PHYSICAL SERIOUS, PHYSICAL HARMHARM to self and/or others. to self and/or others.

Proper Administration of Proper Administration of Physical RestraintPhysical Restraint

• Have an adult witness if possible.Have an adult witness if possible.

• Use only the amount of force Use only the amount of force necessary to protect the student or necessary to protect the student or others.others.

• Use the safest method. Do not use Use the safest method. Do not use floor or prone restraints unless you floor or prone restraints unless you have received in-depth training.have received in-depth training.

• Discontinue restraint as soon as Discontinue restraint as soon as possible.possible.

Do Do NOTNOT Use Physical Use Physical RestraintRestraint

• When non-physical When non-physical interventions could be used.interventions could be used.

• As a means of punishment.As a means of punishment.

• As a response to property As a response to property destruction, school destruction, school disruption, refusal to disruption, refusal to comply, or verbal threats.comply, or verbal threats.

Regulation 46.04(3)

Key Reporting RequirementsKey Reporting Requirements

• Report all restraints to principal.Report all restraints to principal.• Log required for restraints over 5 minutes Log required for restraints over 5 minutes

or in or in anyany case of an injury (to student or case of an injury (to student or staff).staff).

• Notify School Administration: Notify School Administration: – Notify school administration as soon as Notify school administration as soon as

possible & provide written report by the next possible & provide written report by the next school working day.school working day.

• Notify Parents: Notify Parents: – The principal or designee notifies the parent, The principal or designee notifies the parent,

verbally as soon as possible, and by written verbally as soon as possible, and by written report.report.

Content of Written Content of Written ReportReport

• Who participated in the restraint?Who participated in the restraint?– Observers? Observers? – Who was informed and when?Who was informed and when?

• When did the restraint occur?When did the restraint occur?– (Date/Time)(Date/Time)

• What was happening before, during, and after the What was happening before, during, and after the restraint? restraint? – Describe alternative efforts attempted and the outcomes of Describe alternative efforts attempted and the outcomes of

those efforts. those efforts. – Describe the restraint. Describe the restraint.

• Documentation of any injury to students or staff.Documentation of any injury to students or staff.• Has the school taken, or will it take, any further actions, Has the school taken, or will it take, any further actions,

including disciplinary consequences?including disciplinary consequences?

Special CircumstancesSpecial Circumstances

For students with For students with disabilities (w/IEP’s or disabilities (w/IEP’s or 504 plans), physical 504 plans), physical restraint can be used for restraint can be used for different reasons (other different reasons (other than danger) of reasons than danger) of reasons are detailed and part of are detailed and part of the IEP or 504. Certain the IEP or 504. Certain limits and requirements limits and requirements will still apply.will still apply.

Parents may Parents may agree to a waiver of agree to a waiver of reporting requirements reporting requirements in individual in individual circumstances. circumstances. However, the school However, the school cannot require parental cannot require parental consent to a waiver.consent to a waiver.

Mc-Kinney Vento ActMc-Kinney Vento ActStudents in TransitionStudents in Transition

• EligibilityEligibility– Student has lost permanent residence.Student has lost permanent residence.– Student has temporary residence Student has temporary residence

(home/shelter).(home/shelter).

• Homeless students may:Homeless students may:– Attend school in Hull.Attend school in Hull.– Attend school in new community.Attend school in new community.– Receive free transportation to school.Receive free transportation to school.– Receive free breakfast and lunch.Receive free breakfast and lunch.– Enroll immediately.Enroll immediately.– Be eligible for Title I services.Be eligible for Title I services.

What is Homeless?What is Homeless?

• Students who lack a fixed, regular and Students who lack a fixed, regular and adequate nighttime residence are adequate nighttime residence are considered homeless.considered homeless.

It may include students who:It may include students who:– Live in shelters.Live in shelters.– Live in hotels, campgrounds, parks, cars, public buildings.Live in hotels, campgrounds, parks, cars, public buildings.– Double up with friends or relatives.Double up with friends or relatives.– Are awaiting foster care or abandoned in a hospital.Are awaiting foster care or abandoned in a hospital.– Are unaccompanied youth.Are unaccompanied youth.– Are migratory.Are migratory.

McKinney Vento ActMcKinney Vento ActStaff ResponsibilitiesStaff Responsibilities

• Notify principal if you become aware of a Notify principal if you become aware of a student living in temporary residence.student living in temporary residence.

• Principal will follow-up to verify eligibility forPrincipal will follow-up to verify eligibility for

services and to verify residency status.services and to verify residency status.

Student Records & Student Records & ConfidentialityConfidentiality

• Authorized School Personnel Authorized School Personnel

– School administrators, teachers, counselors School administrators, teachers, counselors and other professional working directly with a and other professional working directly with a students in an administrative, teaching, students in an administrative, teaching, counseling or diagnostic capacity counseling or diagnostic capacity

– Administrative office staff and clerical Administrative office staff and clerical personnelpersonnel

– Evaluation TeamsEvaluation Teams

Student RecordStudent Record

• Temporary Record – Kept 7 Years After Graduation Temporary Record – Kept 7 Years After Graduation – Information in the records not contained in the Information in the records not contained in the

transcript. transcript.

•e.g., standardized test scores, extra-curricular e.g., standardized test scores, extra-curricular activities, special education records, activities, special education records, evaluations by teachers, counselors, and other evaluations by teachers, counselors, and other staff.staff.

• Transcript –Begins at H.S. – Kept 60 YearsTranscript –Begins at H.S. – Kept 60 Years– Minimum data necessary to reflect student’s Minimum data necessary to reflect student’s

educational progress.educational progress.

Access LogAccess Log

• Used to track access to the student’s record.Used to track access to the student’s record.

• Authorized school personnel are not required Authorized school personnel are not required to log their access. to log their access.

Student/Parent AccessStudent/Parent Access

• Parents (or students 14 or older) have Parents (or students 14 or older) have access to complete student records.access to complete student records.

• Parents/students may also have school Parents/students may also have school records inspected by a third party.records inspected by a third party.

• A third party must have written consent.A third party must have written consent.

Additional Third Party Additional Third Party AccessAccess

• Court order/lawfully issued subpoenaCourt order/lawfully issued subpoena– School shall attempt to notify parent in advance School shall attempt to notify parent in advance of compliance.of compliance.

• First responders in emergency situationsFirst responders in emergency situations

• Any school to which a student plans to transferAny school to which a student plans to transfer

• Department of Children & Families (DCF) (51A)Department of Children & Families (DCF) (51A)

Non-Custodial ParentsNon-Custodial Parents

• Access Allowed UNLESSAccess Allowed UNLESS– Parent has been denied legal custody or Parent has been denied legal custody or

visitation rights.visitation rights.– Supervised visitation has been ordered based Supervised visitation has been ordered based

on a threat to student’s safety.on a threat to student’s safety.– Access to student has been restricted by Access to student has been restricted by

temporary or permanent restraining order.temporary or permanent restraining order.– A judge’s order prohibits distribution.A judge’s order prohibits distribution.

• Documents in student records will indicate limited Documents in student records will indicate limited or restricted access.or restricted access.

““Sole Possession” Sole Possession” RecordsRecords

• Records kept “in sole possession of the Records kept “in sole possession of the maker” are not considered part of maker” are not considered part of educational records.educational records.

• Once these records are shared with others Once these records are shared with others (via email, for example,) they are (via email, for example,) they are considered educational records.considered educational records.

Staff RemindersStaff Reminders

Be sure to keep confidential information in a Be sure to keep confidential information in a secure location.secure location.

Do not discuss confidential information in a Do not discuss confidential information in a public space (hallway, cafeteria, faculty public space (hallway, cafeteria, faculty room).room).

Do not use email to communicate Do not use email to communicate confidential information.confidential information.

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Hull Public Schools Annual Mandated Civil Rights Training August 27, 2012 Judith Kuehn Assistant...

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Transcript of Hull Public Schools Annual Mandated Civil Rights Training August 27, 2012 Judith Kuehn Assistant...