Section J Students

JEA: COMPULSORY ATTENDANCE

Under state law, full-time school attendance is required of all children from their 7th to their 17th birthday except:

A person who graduates from high school before their 17th birthday;
A person who has:

Reached the age of 15 years or completed the 9th grade;
Permission to leave school from that person’s parent;
Been approved by the Principal for a suitable program of work and study or training;
Permission to leave school from the Board or its designee; and
Agreed in writing with that person’s parent and the Board or its designee to meet annually until that person’s 17th birthday to review that person’s educational needs. When the request to be excused from school has been denied pursuant to this paragraph, the student’s parent may appeal to the Commissioner.

A person who has matriculated and is attending an accredited, post-secondary, degree-granting institution as a full-time student. An exception to the attendance in public school under this paragraph must be approved by the Commissioner.

Alternatives to Attendance at Public Day School

Equivalent instruction alternatives are as follows:

A person shall be excused from attending a public day school if the person obtains equivalent instruction in:

A private school approved for attendance purposes pursuant to 20-A MRSA § 2901;
A private school recognized by the department as providing equivalent instruction;
A home instruction program that complies with the requirements of 20-A MRSA § 5001-A(3)(A)(4); or
Any other manner arranged for by the Board and approved by the Commissioner.

A student shall be credited with attendance at a private school only if a certificate showing the name, residence and attendance of the person at the school, signed by the person or persons in charge of the school, has been filed with the school officials of the administrative unit in which the student resides.

The following provisions apply to home instruction program:

The student’s parent/guardian must provide a written notice of intent to provide home instruction that meets the requirements of 20-A MRSA § 5001-A(3)(A)(4)(a) simultaneously to the school officials of the administrative unit in which the student resides and to the Commissioner within 10 calendar days of the beginning of home instruction.
On or before September 1 of each subsequent year of home instruction, the student’s parent/guardian must file a letter with the school officials of the administrative unit in which the student resides and the Commissioner stating the intention to continue providing home instruction and enclose a copy of one of the forms of annual assessment of the student’s academic progress described in 20-A MRSA 5001-A(3)(A)(4)(b).
Dissemination of any information filed under 20-A MRSA § 5001-A(3)(A) is governed by the provisions of 20-A MRSA § 6001 (dissemination of information); the federal Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g (2002); and the federal Education for All Handicapped Children Act of 1975, 20 USC § 1401-1487 (2002), except that “directory information” as defined by the federal Family Educational Rights and Privacy Act (FERPA) is confidential and is not subject to public disclosure unless the parent/ guardian specifically permits disclosure in writing or a judge orders otherwise. Copies of any information filed under 20-A MRSA § 5001-A(3)(A) must be maintained by the student’s parent/guardian until the home instruction program concludes. The records must be made available to the Commissioner upon request.
If the home instruction program is discontinued, students of compulsory school age must be enrolled in a public school or an equivalent instruction alternative as provided for by law. The receiving school shall determine the placement of the student. At the secondary level, the Principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards of Maine’s system of Learning Results.

A person may be excused from attendance at a public day school pursuant to 20-A MRSA § 5104-A or § 8605 (other public or private alternative programs).

Excusable Absence

A person’s absence is excused when the absence is for the following reasons:

Personal illness;
An appointment with a health professional that must be made during the regular school day;
Observance of a recognized religious holiday when the observance is required during the regular school day;
A family emergency; or
A planned absence for a personal or educational purpose, which has been approved.

Parents are responsible for the attendance of students who are under 17 years of age. The Board shall work with families in an effort to ensure compliance. Secondary school students 20 years of age or more will only be admitted to the school with prior Board approval.

Legal Reference: 20-A MRSA § 5001-A; 5003; 5201 , Ch. 125 § 8.06 (Maine Dept. of Ed. Rules)

JFABA: STUDENT ENROLLMENT

Under Maine's charter school law, any student residing in the State of Maine may enroll in a public charter school. Enrollment cannot be denied based on where the student lives within Maine, nor on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, income level, limited English proficiency, or academic or athletic ability.

The charter school may give preference to the children of charter school founders, board members and full-time staff, but not more than 10 percent of the student body.
The charter school must give preference to its prior-year students and to their siblings.
The specifications of enrollment will be determined by the number of available student spots based on enrollment specifications. Enrollment for 2018-19 is 190 students; 2019-20 is 220 students and 2020-21 is 240 students. A ten percent increase is accepted for the first five years of a charter schools operation. For subsequent years, enrollment is based on the previous year’s enrollment.

Charter school enrollment may be limited as follows:

Enrollment may be limited to students of specific ages or grade levels.
Enrollment is not on a first-come, first-enrolled basis. The school has an enrollment window, and if student interest within that window exceeds capacity, the names of all interested students are placed in a pool and drawn at random.
Enrollment deadline for each school year will be the fourteen days prior to the start of the school year. After this time students outside of Maine or the United States may be considered for enrollment. Maine students will still be eligible to enroll. The specifications of enrollment will be determined by the number of available student spots based on enrollment specifications.
Any student enrolling from outside of Maine or the United States must pay the equivalent fee assigned to Maine students based on the Essential Programs and Services funding formula.
Students may use the school transportation system
Students enrolled from outside of Maine must reapply each year and acceptance will be based on Maine student enrollment and subsequent open seats for the year.

JFABAA: STUDENT ENROLLMENT

The charter school may give preference to the children of charter school founders, board members and full-time staff, but not more than 10 percent of the student body.
The charter school must give preference to its prior-year students and to their siblings.
The specifications of enrollment will be determined by the number of available student spots based on enrollment specifications. Enrollment for 2018-19 is 190 students; 2019-20 is 220 students and 2020-21 is 240 students. A ten percent increase is accepted for the first five years of a charter schools operation. For subsequent years, enrollment is based on the previous year’s enrollment.

Charter school enrollment may be limited as follows:

Enrollment may be limited to students of specific ages or grade levels.
Enrollment is not on a first-come, first-enrolled basis. The school has an enrollment window, and if student interest within that window exceeds capacity, the names of all interested students are placed in a pool and drawn at random.
Enrollment deadline for each school year will be June 1st. After this time students outside of Maine or the United States may be considered for enrollment. Maine students will still be eligible to enroll. The specifications of enrollment will be determined by the number of available student spots based on enrollment specifications.
Any student enrolling from outside of Maine or the United States may have to pay the equivalent fee assigned to Maine students based on the Essential Programs and Services funding formula.
Students may use the school transportation system.

Students enrolled from outside of Maine must reapply each year and acceptance will be based on Maine student enrollment and subsequent open seats for the year.

Approved March 7, 2019

JFABD: ADMISSION OF HOMELESS STUDENTS

MEAA will strive to ensure that when homeless students are identified, they are provided access to the same free and appropriate public education provided to other students in the school. In accordance with federal and state law and regulations, the school will provide homeless students with access to the instructional programming that supports achievement of the content standards of Maine’s Learning Results system and Common Core standards to other services for which they are eligible. Students shall not be segregated into a separate school or program based on their status as homeless, nor shall they be stigmatized in any way.

I. DEFINITIONS

“Homeless” students are those who lack a fixed, regular, and adequate nighttime residence and include the following:

Children and youths 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; are abandoned in hospitals; or are awaiting foster care placement

Children and youths who have a primary nighttime residence that is a public or private place not designated for or ordinarily used as a regular sleeping accommodation for human beings.

Children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.

Migratory children who meet one of the above-described circumstances.

“School of origin” means the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled.

“Unaccompanied youth” refers to a youth not in the physical custody of a parent or guardian (e.g., runaway and “throw away” children and youth).

ENROLLMENT

If the youth is unaccompanied by a parent or guardian, the homeless liaison will assist in enrollment decisions, with the views of the youth taken into consideration.

If the student is otherwise eligible to attend, the school shall immediately enroll the homeless child or youth, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, immunization records, evidence of residency, or other documentation.

The school may require a parent or guardian of a homeless child or youth to provide contact information.

The school shall contact the school last attended by the child or youth to obtain relevant academic and other records. If the child or youth needs to obtain immunizations or immunization or medical records, the parent or guardian of the homeless child or youth will be referred to the homeless liaison for assistance.

ENROLLMENT DISPUTES

If there is a dispute concerning enrollment, the child or youth shall be immediately enrolled in the school in which enrollment is sought if the student is otherwise eligible to attend, pending resolution of the dispute. The parent or guardian will be provided, in writing, with a written explanation of the school’s decision and the right to appeal the decision.

The homeless liaison shall ensure that an unaccompanied youth is enrolled in school, pending resolution of a dispute.

SERVICES

Homeless students shall be provided services comparable to services available to other students in the school including, but not limited to, transportation services; educational services for which the student meets the eligibility criteria, such as educational programs for disadvantaged students, students with disabilities, gifted and talented students, and students with limited English proficiency; vocational and technical programs; preschool programs; before and after school-care programs; and school meals/nutrition programs.

TRANSPORTATION

Homeless students are entitled to transportation to school.

RECORDS

Any records ordinarily kept by the school, including immunization records, medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless student, shall be maintained so that records may be transferred when a student enters a new school system. Access to records will be available to parents and students in accordance with the Family Educational Rights and Privacy Act (FERPA).

HOMELESS STUDENT LIAISON

The Executive Director shall designate an individual to act as the school’s Homeless Student Liaison. The school shall inform school personnel, service providers and advocates working with homeless families of the duties of the school’s Homeless Student Liaison.

The Homeless Student Liaison will be responsible for ensuring that:

Homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies;

Homeless children and youths enroll in and have a full and equal opportunity to succeed in school;

Homeless families, children and youths receive educational services for which they are eligible and referrals to health care services, dental services, mental health services, and other appropriate services;

The parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

Public notice of the educational rights of homeless children and youths is disseminated where such children and youths receive services, such as schools, family shelters, and soup kitchens;

Enrollment disputes are mediated in accordance with law;

The parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services and is assisted in accessing transportation to the school;

Unaccompanied youths are assisted in enrollment decisions and provided notice of the right to appeal; and

Children or youths, who need to obtain immunizations, or immunization or medical records, receive assistance.

Legal References: 42 U.S.C. § 11431-11435, 20-A M.R.S.A. §§ 261, 5205(7)

Ch. 14 (Me. Dept. of Ed. Rules), MRSA Title 20-A, c. 112

Maine State Plan for the Education of Homeless Children and Youth

JFC: DROPOUT PREVENTION STUDENT WITHDRAWAL FROM SCHOOL

MEAA provides an inspiring and inclusive learning environment primarily for students who are under engaged and at risk of dropping out of high school. As such the Board strongly urges school administrators, staff, parents, and members of the community to encourage students to remain in school through high school.

Dropout Prevention Committee

All instructional staff are considered part of the dropout prevention effort and will use daily meetings to consider MEAA of continually engaging the at-risk population we serve.

The Dropout Prevention Committee will consider the following when developing its plan: reasons why students drop out of school; maintenance of continuing contacts with recent dropouts in order to extend opportunities for alternate educational programs, counseling, and referral; education of teachers and administrators about the dropout problem; use of human services programs to help dropouts; the Board’s policies on suspension, expulsion, and other disciplinary action; and discriminatory practices and attitudes within the school.

Committee Membership

As required by law, the Dropout Prevention Committee shall be composed of the following members:

A member of the Board selected by the Board;
A school administrator selected by the Executive Director his/her designee(s);
A teacher and a school counselor selected by the teachers;
A parent selected by the local organized parent group or by the Board if no such group exists;
A school attendance coordinator from the school selected by the Executive Director his/her designee(s);
A high school student selected by the Dropout Prevention Committee members selected in paragraphs A to E;
A dropout selected by the Dropout Prevention Committee members selected in paragraphs A to E; and
A community resident of the school’s catchment area selected by the Dropout Prevention Committee members selected in paragraphs A to E.

The Board recognizes the importance of success as a motivator and as a factor in a student’s commitment to education. Students who have been identified as being at risk of dropping out will be (or: should be) encouraged to participate in the alternative educational programs that are offered in this school or in other instructional, vocational or social service programs for which they may be eligible.

Student Withdrawal From School

School administrators shall arrange for regular contacts to be made with students who have withdrawn from school for the purpose of informing them of the process for readmission, making them aware of alternatives in the community for continuing their education and stating the school’s willingness to assist them in their educational efforts. Legal Reference: 20-A MRSA §§ 5001-A; 5051-A; 5102-5104-A

JFCK: Student Use of Cellular Telephones and Other Electronic Devices

The MEAA recognizes that many students possess cellular telephones and other electronic devices. These devices may not be used in any manner that disrupts the educational process or violates Board policies or school rules. The MEAA is not responsible for damage, loss or theft of such devices. The Executive Director or his/her designee(s) is authorized to develop, with input from administrators, any school rules necessary to implement this policy.

JFCK-R Student Use of Cellular Telephones and Other Electronic Devices Procedures

Students are prohibited from using privately-owned electronic devices, including, but not limited to: cellular telephones, Blackberries, smart phones, handheld computers, MP3 players, and electronic games during classes and school activities, including study halls, field trips, and extracurricular activities.

During classes and school activities, all such devices must be turned off. If this rule is violated, the teacher may immediately confiscate the device for the remainder of the day, and discipline may be imposed as provided below.

Students at the school level may use electronic devices between class periods and during lunch periods in the designated “cell phone zone.” Cellular telephones must be kept on “vibrate” mode to avoid disrupting others. .

The use of cameras, including camera phones, is strictly prohibited in locker rooms, restrooms, and classrooms. In other school locations, students are required to obtain permission before photographing any individual.

Any use of electronic devices that violates Board policy, administrative procedure, or school rules is strictly prohibited. This includes, but is not limited to, violations of the Student Code of Conduct, harassment, and cheating. Such devices may be subject to search if there is reasonable suspicion that a student is violating Board policies, procedures or school rules, or engaging in other misconduct.

Students violating these rules will be subject to discipline, which may include:

Exclusion of the device from school for an extended period and sanctions that may range from detention through expulsion from school, depending upon the nature of the offense and the student’s disciplinary record.

The school is not responsible for damage, loss, or theft of any privately owned electronic devices.

JHB: TRUANCY

A student is habitually truant if the student:

Is subject to the compulsory attendance law; and

Has attained the equivalent of 10 full days of non-excused absences or seven consecutive school days of non-excused absences during a school year.

The Office Manager or his/her designee(s) shall serve as the attendance coordinator.

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

F. If the Principal and the attendance coordinator determine that a student is habitually truant, the Office Manager shall inform the Executive Director or his/her designee(s), who shall first try to correct the problem informally. Informal attempts to correct the problem must include meeting with the student and the student’s parents/guardians to identify possible causes of the habitual truancy and to develop a plan to implement solutions to the problem. If the initial meeting does not resolve the problem, the Executive Director or his/ her designee(s) shall implement interventions that may include, but are not limited to:

Frequent communication between the staff and the family;
Changes in the learning environment;
Mentoring;
Student counseling;
Tutoring, including peer tutoring;
Alternative scheduling;
Evaluation for alternative education programs;
Attendance contracts;
Referral to other agencies for family services; and
Other interventions including but not limited to referral to the school attendance coordinator, or dropout prevention committee.

Failure of the student or the student’s parent/legal guardian(s) to appear at scheduled meetings does not preclude school administrators from implementing a plan to address a student’s truancy.

As part of correcting the problem informally, the Executive Director or his/her designee shall require the student and his/her parent(s) or guardian to attend one or more meetings with the student’s teacher or other school personnel designated by the Executive Director his/her designee(s). The purpose of the meeting(s) is to reinforce the plan referenced in paragraph A or to develop an alternative plan. Such meetings may involve others including but not limited to case managers, therapeutic treatment providers, and representatives of the Maine Department of Health and Human Services and the Department of Corrections. The Executive Director or his/her designee shall schedule the meeting(s) at mutually convenient times.

If the student’s truancy is not corrected, the Executive Director or designee shall serve or cause to be served upon the parent(s) or guardian(s) written notice that the student’s attendance is required by law. The notice shall state that the student is required to attend school pursuant to 20-A M.R.S.A. §5001-A (the compulsory attendance law); and
1. Explain the parent’s right to inspect the student’s attendance records and other attendance related reports;
2. 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 M.R.S.A. § 5053-A and explain the possible penalties;
3. State that local law enforcement authorities will be advised of a violation of the habitual truancy statute; and
4. Outline the plan developed to address the student’s habitual truancy and the steps that have been taken to implement that plan.

Prior to notifying local law enforcement authorities, the Executive Director or his/her designees shall schedule at least one meeting as required by law and paragraph B of this policy.

If after three school days after the service of the notice described in paragraph C of this policy the student remains truant and the parent/guardian and student refuse to attend the meeting referred to in paragraph D, the Executive Director or his/her designee shall report the facts of the unlawful absence to local law enforcement authorities.

When a student is determined to be habitually truant and in violation of the compulsory attendance law and the or designee has made a good faith attempt to meet the requirements of paragraph B of this policy, the Executive Director or designee shall notify the Board and local law enforcement authorities of the truancy. After this notification, a local law enforcement officer who sees the truant student may transport the student to the appropriate school if the truant student is off school grounds during school hours and not under the supervision of school personnel.

The Executive Director his/her designee(s) shall submit an annual report regarding habitual truancy to the Commissioner by October 1. The report must identify the number of habitual truants in the school in the preceding school year; describe the school’s efforts to deal with habitual truancy; account for actions brought to enforce the habitual truancy law; and include any other information on truancy requested by the Commissioner.

Legal Reference: 20-A M.R.S.A. §§ 5001-A; 5051-A-5054

JIC: STUDENT DISCIPLINE

The MEAA Board views the process of maintaining student discipline as an integral part of fostering individual student growth. It is the intent of the board that disciplinary procedures be designed to encourage students to take responsibility for their actions and for the consequences of their actions.

RESTORATIVE PRACTICE: At the MEAA, we believe that all our students want to do well.

Our approach to discipline is guided by the principle that good relationships are central to learning, growth and a healthy school. In order to developing good relationships among all members of the learning community we will focus on building, maintaining and when necessary repairing those relationships.

We will do this through restorative practices that will include community circles, peer mediations, problem-solving circles, resolution circles and restorative conferences.

DUE PROCESS All students will be accorded the following process prior to the determination of any disciplinary sanction:

You will be given a reminder card at the time of the incident;
An explanation of the evidence if the charges are denied;
You will be given an opportunity to present your version of the incident.
Reminder cards will be tracked cumulatively throughout the school year.
If you have accumulated more than two reminder cards in a day you will be required to stay after school for a restorative circle and your parents will be notified.

OFFICE DISCIPLINE REFERRALS/STUDENTS SENT OUT OF CLASS

When dealing with inappropriate behavior, teachers may refer the student to the Co-Director’s office. Any student sent out of class must report to the office immediately. When you are sent out of class for disruptive behavior you may not return to that class until the situation is resolved. A restorative conference with your teacher and parent may be necessary.

PARENT/GUARDIAN NOTIFICATION

MEAA will notify your parents or guardians on a weekly basis of your status with regard to reminder cards. When disciplinary action results in suspension, every attempt will be made to contact your parents as soon as possible.

BULLYING AND HARASSMENT PREVENTION AND INTERVENTION

Because bullying and harassment are forms of disrespectful and unkind behavior, they do not meet the expectations of student behavior we have outlined above. They will be treated through When the Department of Education completes its new policy as dictated by PL 2011, chapter 659, MEAA will incorporate these guidelines into our policies on this behavior.

JICH: DRUG AND ALCOHOL USE BY STUDENTS

MEAA’s Board and staff support a safe and healthy learning environment for students, free of the detrimental effects of drugs and alcohol. Accomplishing this goal requires a cooperative effort among school staff, students, parents, law enforcement and organizations concerned with the use of drugs and alcohol by school-aged youth.

Population:

MEAA may need to address the needs of students who abuse substances. Although the School is not a behavioral or therapeutic program, we will devote resources to providing students with the supports they need to work through substance abuse related risk factors to insure they have the best possible chance of successfully completing their high school education.

To this end, our policy on substance use and abuse will be devoted to reducing risk factors in our community and in individual students, enhancing protective factors, as well as holding students accountable to current State and Federal Laws regarding substance possession and use.

Approach:

Definition – Restorative Justice:

Restorative Justice seeks to bring victim and offender together in dialogue about the harm that has been done. Offenders have a chance to understand the impact of their behaviors on other individuals and on their community, and are given the opportunity to repair that damage through actions such as community service, reparations, engaging in treatment and apologies.

It might be helpful to have an example of the RJ process from violation to contract fulfillment here to help illustrate the concept to parents and others who may not be familiar with the term.

The MEAA drug, alcohol and tobacco policy is guided by the following:

Concern for the health and safety of all members of our community. The promotion of skills and values such as informed decision making, awareness and respect for self and others, and taking responsibility for one’s own actions. The upholding of state and federal laws

Substance use and abuse will be dealt with through the Restorative Justice process so that students will be held accountable for their behaviors with staff and peers, in order for them to understand the harm their behavior has caused or might cause, the impact it has on them as well as the community, and to give them a chance to repair that harm.

Students will have access to substance abuse counselors, 12 step and other similar programs to work through issues they may be having with substance use and/or abuse.

The School will provide information and education that will encourage responsible decision making on the part of students as part of its health program.

Students who come forward to actively seek help when they are concerned about their own use or that of their friends or acquaintances will not face disciplinary action related to that tobacco, drug or alcohol use. This will be termed a medical amnesty.

The goal of this aspect of the policy is to decrease the likelihood that a student will hesitate to seek help for tobacco, alcohol or drug related use or abuse.

In any case of substance use on campus, the School will reserve the right to search students, rooms and vehicles. Where appropriate urine or other accepted tests may also be used.

Sanctions:

Wherever possible, students will have the choice to be sanctioned through the restorative justice process. If they choose not to, the School’ Executive Director will handle the sanctioning process.

Students may be required to enter substance abuse treatment, counseling, or other modalities such as AA or NA as a result of the disciplinary process. Wherever a student’s use and subsequent behavior poses a clear and present threat to other student’s safety or their own, they will be released from the program until such time as they have developed a plan with a substance abuse professional to meet treatment goals. Other sanctions may include: warnings, parental notifications, fines, room relocations, restitution, temporary or permanent expulsion from housing, disciplinary probation and release from the school.

Students who are found to be furnishing substances on campus will be released from the program and the school will reserve the right to involve the local law enforcement system in this circumstance.

Community Review Board

The purpose of the MEAA Community Review Board is to provide fair and equitable procedures for students accused of violating substance abuse and other community standards.

A student may appeal a received sanction to the Board. Sanctions are in effect until a student has successfully appealed a sanction to the Community Review Board which has altered or overturned the original sanction. The board will make decisions regarding matters of fact surrounding specific complaints and determine if the student did violate the community standards. If the board determines that a student did violate the community standard the sanctions as imposed through the restorative justice model or through the school’s discipline procedures will stand.

Members will be selected by the Executive Director or his/her designee(s) and the Principal, and will consist of two students and three faculty and/or staff. Student members will serve one year terms; faculty and staff will serve two year terms. The Board will elect a chair who is responsible for convening and conducting meetings. A quorum of the board consists of three members, at least one of which must represent each group.

A student must appeal a sanction within five business days of its imposition. The board must initially meet to consider the appeal within five business days of receiving the appeal.

The decision of the board will be reviewed by the President and Executive director or his/her designee(s). The decision of the President and Executive director or his/her designee(s) is final.

The Community Review Board or other internal sanctions are not a substitute for civil or criminal courts. If such external proceedings are ongoing or expected, the board may postpone its deliberations notwithstanding the five day response period.

Applicable State and Federal Laws:

Tobacco

The possession and use of cigarettes, cigarette papers or tobacco products by minors is prohibited. A person under 18 years of age may not purchase, possess or use cigarettes, cigarette papers or any tobacco product according to Maine law.

Alcohol

A person must be 21 years of age or older to purchase, possess, consume or transport alcoholic beverages;

Purchasing or delivering a drink to anyone under the legal drinking age is also a violation;

Possession and use of drugs other than alcohol

The unlawful manufacture, dispensing, possession or use of a controlled substance on the MEAA campus is prohibited. This includes the unlawful or unauthorized use of prescription and over-the-counter drugs.

State and federal laws make illegal use of tobacco, drugs and alcohol a serious crime. Conviction can lead to imprisonment, fines assigned community service and other sanctions. A felony conviction for such an offense can prevent you from entering many fields of employment or professions.

Maine has criminal penalties for the use of controlled substances or drugs with penalties varying with the type of drug.

Persons convicted of drug possession under state or federal laws are ineligible for federal student grants and loans for up to one year after the first conviction, five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first conviction, ten years after the second and permanently after the third.

Under federal law, distribution of drugs to persons under age 21 is punishable by twice the normal penalty. These penalties apply to distribution of drugs within 1,000 feet of a college or school.

Legal Reference: 21 USC § 812 (Controlled Substances Act)

21 CFR Part 1300.11-15

P.L. 101-226 (Drug-Free Schools and Communities Act Amendments of 1989)

17-A MRSA § 1101

42 USC § 290dd-2

42 CFR § 2.1 et seq.

20-A MRSA §§ 1001(9); 4008

JICH-R Substance Use/Abuse Procedures

Possession or use of prohibited substances on campus or at any school related activity:

It is the responsibility of any staff member who suspects a student of the possession, use, or being under the influence of a prohibited substance, including tobacco products, to report the case immediately to an administrator.

NOTE: In addition to the following procedures students involved in co-curricular activities will abide by the school and home contract.

If there is a suspicion of possession, use, or being under the influence, parents are called by an administrator.

Approach:

Definition – Restorative Justice:

The MEAA drug, alcohol and tobacco policy is guided by the following:

Concern for the health and safety of all members of our community;

The promotion of skills and values such as informed decision making, awareness and respect for self and others, and taking responsibility for one’s own actions;

Compliance with applicable state and federal laws.

Students will have access to substance abuse counselors, 12 step and other similar programs to work through issues they may be having with substance use and/or abuse.

The School will provide information and education that will encourage responsible decision making on the part of students as part of its health program.

The goal of this aspect of the policy is to decrease the likelihood that a student will hesitate to seek help for tobacco, alcohol or drug related use or abuse.

In any case of substance use on campus, the School will reserve the right to search students, rooms and vehicles. Where appropriate urine or other accepted tests may also be used.

Sanctions:

Wherever possible, students will have the choice to be sanctioned through the restorative justice process. If they choose not to, the School’s Principal will handle the sanctioning process.

Students who are found to be furnishing substances on campus will be released from the program and the school will reserve the right to involve the local law enforcement system in this circumstance.

Community Review Board

The purpose of the MEAA Community Review Board is to provide fair and equitable procedures for students accused of violating substance abuse and other community standards.

Members will be selected by the Executive Director his/her designee(s) and Principal of the school, and will consist of two students and three faculty and/or staff. Student members will serve one year terms; faculty and staff will serve two year terms. The Board will elect a chair who is responsible for convening and conducting meetings. A quorum of the board consists of three members, at least one of which must represent each group.

A student must appeal a sanction within five business days of its imposition. The board must initially meet to consider the appeal within five business days of receiving the appeal.

The decision of the board will be reviewed by the President and Executive director or his/her designee(s). The decision of the President and Executive director or his/her designee(s) is final.

Applicable State and Federal Laws:

Tobacco

Alcohol

A person must be 21 years of age or older to purchase, possess, consume or transport alcoholic beverages; Purchasing or delivering a drink to anyone under the legal drinking age is also a violation.

Possession and use of drugs other than alcohol

Maine has criminal penalties for the use of controlled substances or drugs with penalties varying with the type of drug. Persons convicted of drug possession under state or federal laws are ineligible for federal student grants and loans for up to one year after the first conviction, five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first conviction, ten years after the second and permanently after the third. Under federal law, distribution of drugs to persons under age 21 is punishable by twice the normal penalty. These penalties apply to distribution of drugs within 1,000 feet of a college or school.

JICK: BULLYING

MEAA has a significant interest in providing a safe, orderly and respectful school environment that is conducive to teaching and learning.

Bullying is detrimental to student learning and achievement. It interferes with the mission of the schools to educate their students and disrupts the operations of the schools. Bullying affects not only students who are targets but also those who participate and witness such behavior.

MEAA believes that promoting ethical and responsible behavior is an essential part of the school unit’s educational purpose. Ethics, 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 Maine’s system of Learning Results. Bullying interferes with the accomplishment of this goal.

Finally, MEAA recognizes the well-publicized incidents of violence and threatened violence that have occurred nationally in the past several years. As research suggests a link between bullying and school violence, the MEAA seeks to avoid such incidents and instead take a systematic approach to bullying prevention and intervention. MEAA does not condone and will take action in response to conduct that interferes with students’ opportunity to learn, the educational mission of the MEAA schools, and the operation of the school.

Bullying Prohibited

Bullying, as defined in this policy, is not acceptable conduct in MEAA and is prohibited. Any student who engages in conduct that constitutes bullying shall be subject to disciplinary consequences up to and including suspension and expulsion. A student’s bullying behavior may also be addressed through other behavioral interventions.

Bullying Defined

For the purpose of this policy, “bullying” is any physical act or gesture or any verbally, written, or electronically communicated expressions that:

A. A reasonable person should expect will have the effect of:

Physically harming a student or damaging a student’s property;
Placing a student in reasonable fear of physical harm or damage to his/her property; or
Substantially disrupting the instructional program or the orderly operations of the school; or

Is so severe, persistent, or pervasive that it creates an intimidating, hostile educational environment for the student who is bullied.

Application of Policy

This policy applies to bullying that takes place at school or on school grounds, at any school-sponsored activity or event, or while students are being transported to or from school or school-sponsored activities or events. It also applies to bullying that occurs at any other time or place that substantially disrupts the instructions program, operations of the school, or welfare of students.

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

Physical contact or injury to another person or his/her property;
Threats of harm to a student, to his/her possessions, or to other individuals, whether transmitted verbally, in writing, or through cyberspace;
Blackmail, extortion, demands for protection money, or involuntary Loans or donations;
Non-verbal threats and/or intimidations such as use of aggressive or Menacing gestures;
Stalking;

Blocking access to school property or facilities;
Stealing or hiding books, backpacks, or other possessions;
Repeated or pervasive taunting, name-calling, belittling, mocking, put-downs, or demeaning humor relating to a student’s race, color, ethnicity, gender or gender identification, sexual orientation, ancestry, religion, disability, or other personal characteristics, whether or not the student actually possesses them, that could reasonably be expected to result in disruption of the instructional program or operations of the schools, or that results in a hostile educational environment for the student.

[NOTE: Some of the actions that constitute bullying may also be addressed in other Board policies.]

For the purpose of this policy, bullying does not mean mere teasing, put-downs, “talking trash,: trading of insults, or similar interactions among friends, nor does it include expression of ideas or beliefs so long as such expression is not lewd, profane, or does not interfere with students’ opportunity to learn, the instructional program, or the operations of the schools. This does not preclude teachers or school administrators from setting and enforcing rules for civility, courtesy, and/or responsible behavior in the classroom and the school environment.

The determination whether particular conduct constitutes bullying requires reasonable consideration of the circumstances, which include the frequency of the behavior at issue, the location in which the behavior occurs, the ages and maturity of the students involved, the activity or context in which the conduct occurs, and the nature and severity of the conduct.

Delegation of Responsibility

The Executive Director or his/her designee will be responsible for developing and implementing procedures for:

Student and parent reporting of bullying to staff and school administrators;
Staff reporting of bullying to school administrators;
Review of reports and investigation of bullying incidents;
Intervention with and/or discipline of students who engage in bullying;
Support for students who are victims of bullying;
Training staff and student in bullying prevention; and
Periodic evaluation of bullying prevention, intervention, and training efforts at the MEAA and reporting to the MEAA Board upon request.

Reporting

Students who have been bullied or who observe incidents of bullying are encouraged to report this behavior to a staff member or school administrator. Staff should report bullying to the Executive Director.

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

Responding to Bullying

In determining the appropriate response to students who engage in bullying behavior, school administrators should consider the ages and maturity of the students involved, the type of behaviors, the frequency and/or pattern of behaviors, the context in which the incident occurred, and other relevant circumstances. consequences may range from positive behavioral interventions up to and including suspension, expulsion, and/or reports to law enforcement officials.

Dissemination of Policy

Notice of what constitutes bullying, MEAA’s prohibition against bullying, and the consequences for students who bully shall be communicated To students and parents through the Student Code of Conduct and Student Handbook.

JICIA: WEAPONS, VIOLENCE AND SCHOOL SAFETY

Students and staff are entitled to learn and work in a school environment free of violence, threats and disruptive behavior. Students are expected to conduct themselves with respect for others and in accordance with Board policies, school rules, reasonable unwritten behavior expectations, and applicable state and federal laws.

School staff are required to immediately report incidents of prohibited conduct by students to the Executive Director for investigation and appropriate action.

Prohibited Conduct

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

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;

Use of any object, although not necessarily designed to be a weapon, to inflict bodily harm and/or to threaten, intimidate, coerce or harass another person. Examples of such articles include but are not limited to bats, belts, picks, pencils, compasses, objects capable of ignition (e.g., matches, lighters), files, tools of any sort and replicas of weapons (including toys);

Violent or threatening behavior, including but not limited to fighting, assault and/or battery, taking hostages, threats to commit violence against persons or property (e.g., verbal or written death threats, threats of bodily harm, bomb threats);

Verbal or written statements, and/or those including photographic or other content (including those made on or through a computer such) which threaten, intimidate, or harass others, which includes to incite violence toward, bully, intimidate, and/or embarrass another, and/or disrupt the school program;
Willful and malicious damage to school or personal property;
Stealing or attempting to steal school or personal property;
Lewd, indecent or obscene acts or expressions of any kind;
Violations of the school’s drug/alcohol and tobacco policies;
Violations of state or federal laws; and
Any other conduct that may be harmful to persons or property.

Disciplinary Action

Executive Director may 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 MRSA § 1001(9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school. Such conduct may also be grounds for expulsion under other provisions of 20-A MRSA § 1001(9 and 9-A) that specifically prohibit the use and possession of weapons, infractions of violence, and possession, furnishing and trafficking of scheduled drugs.

Students who are found to have brought a firearm to school (as defined by federal law)1, shall be expelled for a period of not less than one year, unless this requirement is modified by the Executive Director his/her designee(s) on a case-by-case basis.

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 Executive Director his/her designee(s).

Students with disabilities shall be disciplined in accordance with applicable federal and state laws/regulations and Board Policy JKF.

Notification Team/Confidentiality

Maine law authorizes law enforcement officers and criminal justice agencies to share with a Executive Director and Principal information pertaining to a juvenile when the information is credible and indicates an imminent danger to the safety of students or school personnel on school grounds or at a school function. Maine law requires the District Attorney to notify the Executive Director when a juvenile is charged with use or threatened use of force or is adjudicated as having committed one or more juvenile crimes that involve the use or threatened use of force.

Within ten days, or immediately if necessary for school safety, the Executive Director his/her designee(s) shall convene a notification team. The notification team must include the Principal or designee of the school at least one classroom teacher to whom the student is assigned, the student’s advisor, and the student’s parent/guardian. The notification team shall determine on this basis of need which school employees are entitled to receive information concerning allegations or adjudications of use or threatened use of force. Information received by the Executive Director or designee and disclosed to the notification team and/or disclosed to school employees is confidential and may not become part of the student’s educational record.

The Executive Director or his/her designee(s) shall ensure that confidentiality training is provided to all school employees who have access to this information.

Psychological Evaluation/Risk Assessment

The Executive Director or his/her designee(s) may request an immediate psychological evaluation of a student who violates this policy when, in his/her opinion, such an evaluation will assist in assessing the risk the student poses to school safety if the student were to remain in school.

The Executive Director his/her designee(s) is also authorized to request psychological evaluations of students who have been identified as posing a substantial risk of violent behavior.

All such evaluations shall be performed at the school’s expense.

Although it is considered to be an important assessment tool, the parent/guardian of the student may refuse to submit to it.

Legal References: 5 MRSA § 4681 et seq., 15 M.R.S.A. §§ 3301-A; 3308(7)(E); 3009

17-A MRSA §§ 2(9); 2(12-A), USCA § 7151 (Gun-Free Schools Act)

20-A MRSA §§ 1001(9); 1001(9-A); 1055(11); 6552

1 The term “firearm” means A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; B) the frame or receiver of any such weapon; C) any firearm muffler or firearm silencer; or D) any destructive device. Such term does not include an antique firearm. Reference: 18 USCA s 921

JJIF: CONCUSSION

The Board recognizes that concussions and other head injuries are serious and could result in significant brain damage and/or death if not recognized and managed properly. The Board adopts this policy to promote the safety of students participating in school-sponsored activities, including but not limited to extracurricular athletic activities and interscholastic sports.

TRAINING

At the beginning of each school year,all school personnel must participate in training that includes recognizing signs, symptoms, and behaviors that may suggest a concussive or other head injury; and awareness of school policy related to school based management of concussive injuries.

This training must be consistent with protocols as identified or developed by the Maine Department of Education (DOE) and include instruction in the use of reporting forms as required by the DOE.

Coaches are required to undergo refresher training based on the recommendations of the DOE or when protocols and forms have been revised.

STUDENT AND PARENTS/GUARDIANS

At the beginning of each school year students intending to participate in school activities and parents/guardians of students will be provided information including:

A. 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;

B. The signs, symptoms and behaviors associated with concussion and other head injuries; and

C. The school protocols for 1) removal of the student from the activity when the student is suspected of having sustained a concussion or other head injury, 2) evaluation, and 3: return to full participation including academics.

The student and his/her parent(s)/guardian(s) must sign a statement acknowledging that they received and read this information before the student is allowed to participate in any school-sponsored athletic activity.

MANAGEMENT OF CONCUSSIVE AND OTHER HEAD INJURIES

It is the responsibility of any staff member involved in a school-sponsored activity and trained in the signs, symptoms and behaviors related to concussion or other head injury, to act in accordance with this policy when the staff member recognizes that a student may be exhibiting such signs, symptoms and/or behaviors.

Any student suspected of having sustained a concussion or other head injury during a school-sponsored activity including but not limited to participation in interscholastic sports, must be removed from the activity immediately. The student and his/her parent(s)/guardian(s) will be informed of the need for an evaluation for brain injury before the student is allowed to return to full participation in any school-sponsored activities including learning.

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

Any student suspected of having sustained a concussion or other head injury is prohibited from further participation in any school-sponsored activities until he/she is evaluated and receives written medical clearance to do so from a licensed health care provider qualified and trained in concussion management.

School personnel shall comply with the student’s treating health care provider’s (trained in concussion management) recommendations regarding gradual return to participation. No student is permitted to return to full participation in any school activities until cleared to do so. More than one evaluation by the student’s health care provider may be necessary before the student is cleared for full participation.

If at any time during the return to full participation in any school-sponsored activities the student exhibits signs, symptoms or behaviors of concussion, the student must be removed from the activity and be re-evaluated by the treating licensed health care provider trained in concussion management.

COGNITIVE CONSIDERATIONS

School personnel should be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury, including but not limited to:

· difficulty with concentration, organization, long-and-short term memory and

· sensitivity to bright lights and sounds.

School personnel shall accommodate a gradual return to full participation in all academic activities as appropriate, based on the recommendation of the student’s concussion trained health care provider and appropriate designated school personnel (e.g. 504 Coordinator)

CONCUSSION POLICY ADMINISTRATIVE TEAM

The Executive Director will appoint a concussion policy administrative team including a school administrator to be responsible, under the administrative supervision of the Executive Director, to make recommendations related to implement this policy. The concussion policy administrative team will include the school nurse and may include one or more Principals, the school physician and other school personnel or consultants as the Executive Director deems appropriate.

The team shall oversee and implement this policy and related protocols for concussive head injuries based on the currently accepted promising practices.

The policy and/or protocols must be reviewed annually.

JKAA: USE OF PHYSICAL RESTRAINT AND SECLUSION

MEAA has adopted this policy and the accompanying procedures to implement the standards for use of physical restraint and seclusion with students, as required by state law and regulations, and to support a safe school environment. Physical restraint and seclusion as defined by this policy, may only be used as an emergency intervention when the behavior of a student presents an imminent risk of injury or harm to the student or others.

The following definitions apply to this policy and procedure:

Physical restraint: An intervention that restricts a student’s freedom of movement or normal access to his or her body, and includes physically moving a student who has not moved voluntarily.

Physical restraint does not include any of the following:

Physical escort: A temporary touching or holding of the hand, wrist, arm, shoulder, hip or back for the purpose of moving a student voluntarily.

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.

Physical Contact: When the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact.

Momentarily deflecting the movement of a student when the student’s movements would be destructive, harmful or dangerous to the student or others.

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.

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.

Restraints used by law enforcement officers in the course of their professional duties are not subject to the policy/procedure or MDOE Rule Chapter 33.

MDOE Rule Chapter 33 does not restrict or limit the protections available to school officials under 20-A M.R.S.A. § 4009, but those protections do not relieve school officials from complying with this policy/procedure.

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:

Timeout: An intervention where a student requests, or complies with an adult request for, a break.

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

Annual Notice of Policy/Procedure

MEAA shall provide annual notice to parents/legal guardians of the policy/procedure by MEAA determined by the Executive Officer/designee.

Training Requirements

All school staff and contracted providers shall receive an annual overview of this policy/procedure.

MEAA 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 school's Emergency Management Plan.

Parent/Legal Guardian Complaint procedure

A parent/legal guardian who has a complaint concerning the implementation of this policy/procedure must submit in writing to the Executive Director or his/her designee as soon as possible. The Executive Director/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 within 60 calendar days of receiving the complaint.

Legal References: 20-A M.R.S.A. §§ 4502(5) (M); 4009, Me. DOE Reg., ch. 33

JKAA-R: PROCEDURES ON PHYSICAL RESTRAINT AND SECLUSION

These procedures are established for the purpose of meeting the obligations of the MEAA under state laws, regulations and this policy 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 this policy. Definitions for other important terms in this procedure include:

Emergency: A sudden, urgent occurrence, usually unexpected, but sometimes anticipated, that requires immediate action.

Imminent risk of injury or harm: A situation in which a student has the MEAA to cause physical harm or injury to him/herself or others and such injury or harm is likely to occur at any moment, such that a reasonable and prudent person would take steps instantly to protect the student and others against the risk of such injury or harm.

Dangerous behavior: Behavior that presents an imminent risk of injury or harm to a student or others.

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.

Permitted Uses of Physical Restraint

Physical restraint may be used only as an emergency intervention when the behavior of a student presents imminent risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.

Physical restraint may be used to move a student only if the need for movement outweighs the risks involved in such movement.

Prescribed medications, harnesses, and other assistive or protective devices may be used as permitted by Rule chapter 33.

Parents may be requested to provide assistance at any time.

Prohibited Forms and Uses of Physical Restraint

Physical restraint used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior

Physical restraint used solely to prevent property destruction or disruption of the environment in the absence of imminent risk of injury.

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).

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.

Aversive procedures, and mechanical and chemical restraints.

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.

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.

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.

Monitoring Students in Physical Restraint

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.

The student must be continuously monitored until he/she no longer presents an imminent risk of injury or harm to him/herself or others.

If an injury occurs, applicable school policies and procedures should be followed.

Termination of Physical Restraint

The staff involved in the use of physical restraint must continually assess for signs that the student is no longer presenting an imminent risk of injury or harm to him/herself or others, and the emergency intervention must be discontinued as soon as possible.

The time a student is in physical restraint must be monitored and recorded.

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.

If attempts to release a student from physical restraint have been unsuccessful and the student continues to present behaviors that create an imminent risk of injury or harm to him/herself or others, then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations.

3. Seclusion

To the extent possible, seclusion will be implemented by staff certified in a training program approved by the Maine Department of Education. If untrained staff have intervened and initiated seclusion in an emergency, trained staff must be summoned to the scene as soon as possible.

A “timeout” where a student requests, or complies with an adult request for, a break is not considered seclusion under this procedure. Seclusion also does not include any situation where others are present in the room or defined area with the student (including but not limited to classrooms, offices and other school locations).

Permitted uses and Location of Seclusion

Seclusion may be used only as an emergency intervention when the behavior of a student presents imminent risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate.

Seclusion may be achieved in any part of a school building with adequate light, heat, ventilation and of normal room height.

Seclusion may not take place in a locked room.

If a specific room is designated as a seclusion room, it must be a minimum of sixty (60) square feet; have adequate light, heat and ventilation; be of normal room height; contain an unbreakable observation window in a wall or door; and must be free of hazardous material and objects which the student could use to self-inflict bodily injury.

Parents may be requested to provide assistance at any time.

Prohibited Uses of Seclusion

Seclusion used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior.

Seclusion used solely to prevent property destruction or disruption of the environment in the absence of imminent risk of injury.

Monitoring Students in Seclusion

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.

The student must be continuously monitored until he/she no longer presents an imminent risk of injury or harm to him/herself or others.

If an injury occurs, applicable school policies and procedures should be followed.

Termination of Seclusion

The staff involved in the seclusion must continually assess for signs that the student is no longer presenting an imminent risk of injury or harm to him/herself or others, and the emergency intervention must be discontinued as soon as possible.

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

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.

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

4. 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:

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.

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.

If serious bodily injury or death of a student occurs during the implementation of physical restraint or seclusion, the MEAA 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:

Student name
Age, gender and grade
Location of the incident
Date of the incident
Date of report
Person completing the report
Beginning and ending time of each physical restraint and/or seclusion
Total time of incident
Description of prior events and circumstances
Less restrictive interventions tried prior to the use of physical restraint and/or seclusion and, if none were used, the reasons why
The student behavior justifying the use of physical restraint or seclusion
A detailed description of the physical restraint or seclusion used
The staff person(s) involved, their role in the physical restraint or seclusion, and whether each person is certified in an approved training program
Description of the incident, including the resolution and process of returning the student to his/her program, if appropriate
Whether the student has in IEP, 504 plan, behavior plan, IHP (individual health plan) or any other plan
If a student and/or staff sustained bodily injury, the date and time of nurse or other response personnel notification and any treatment administered
The date, time and method of parent/legal guardian notification
The date and time of administrator/designee notification
Date and time of staff debriefing

Copies of the incident reports shall be maintained in the student’s file and in the school office.

5. School Response Following the Use of Physical Restraint or Seclusion

A. Following each incident of physical restraint or seclusion, an administrator/designee shall take these steps within two (2) school days (unless serious bodily injury requiring emergency medical treatment occurred, in which case these steps must take place as soon as possible, but no later than the next school day):

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.
Meet with the student who was physically restrained or secluded to discuss: (a) what triggered the student’s escalation and (b) what the student and staff can do to reduce the need for physical restraint and/or seclusion in the future.

B. Following the meetings, staff must develop and implement a written plan for response and de-escalation for the student. If a plan already exists, staff must review it and make revisions, if appropriate. For the purposes of this procedure, “de-escalation” is the use of behavior management techniques intended to cause a situation involving problem behavior of a student to become more controlled, calm and less dangerous, thus reducing the risk of injury or harm.

Procedure for Students with Three Incidents in a School Year

The school 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.

Special Education/504 Students

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 and consider the need to conduct an FBA (functional behavioral assessment) and/or develop a BIP (behavior intervention plan), or amend an existing one.

Cumulative Reporting Requirements

A. Reports within the School

The Executive Director 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
6. Aggregate number of serious bodily injuries to staff related to physical restraint and seclusion.
The Executive Director his/her designee(s) shall review the cumulative reports and identity any areas that could be addressed to reduce the future use of physical restraint and seclusion.

B. Reports to Maine Department of Education

The Executive Director his/her designee(s) shall submit an annual report to the Maine Department of Education on an annual basis that includes the information in Section 7.A.1 above.

JKD: SUSPENSION OF STUDENTS

The Board delegates to the principal the authority to suspend disobedient and disorderly students for a period not to exceed ten (10) days. Suspensions may be in-school or out-of-school at the discretion of the principal. Suspensions longer than ten (10) days may be imposed by the Board.

Prior to the suspension:

The student shall be given oral or written notice of the allegations against him/her
The students shall be given an explanation of the evidence forming the basis of the allegations
The student shall be given an opportunity to present his/her version of the incident.

However, students whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the instructional process may be immediately removed from school. In such cases, the notice of allegations, explanation of evidence and the student’s opportunity to present his/her version of the incident shall be arranged as soon as practicable after the removal of the student from school.

The student’s parents/guardians shall be notified of any suspension as soon as practicable by telephone and by written notice sent by mail. A copy of the notice shall also be given to the Executive Director.

Students are not allowed on school property during any out-of school suspension except with prior authorization from the Executive Director.

The parents/guardians and the student shall be required to schedule a conference with the principal during the suspension period and prior to re-admittance to school.

Students shall be responsible for any schoolwork missed during the suspension. After re-admittance, student shall be permitted to take tests, quizzes and any other form of assessment affecting scores.

Approved: 9/4/2019

JKE: EXPULSION

No student shall be expelled from school except by action of the MEAA Board of Directors. The MEAA Board of Directors shall expel students as provided in 20-A MRSA § 1001(9) and (9A). The MEAA Board of Directors also has the authority to readmit an expelled student on satisfactory evidence that the behavior which was the cause of the student being expelled will not likely recur.

The parents/guardians (and the student if 18 years of age or older) shall be notified by certified letter and regular mail of the MEAA Board of Directors expulsion hearing. The hearing shall be in a properly called executive session and may also be attended by persons designated by the Superintendent to present information in the case.

The notice of hearing shall include:

The date, time and location of the hearing;
A description of the charge(s);
A statement that the student may be represented by legal counsel;
A statement that the student or his/her representative may cross-examine any witnesses presented by the administration at the hearing; and
A statement that the parents/guardians and student may present evidence, including witnesses and documents, on the student’s behalf.

Legal Reference: 20-A MRSA § 1001(9)(9A)

1 MRSA § 405(6)(B)

JKE-R: EXPULSION OF STUDENTS 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.

Procedure for Conduct of Board Hearing to Expel

Any discussion, consideration or hearing by the MEAA School Board of suspension or expulsion of a student shall be in executive session.
The MEAA Board shall be in a public meeting and vote to enter executive session. Executive session requires a 3/5 affirmative vote of the members present and voting, and the vote must be recorded.
The parents/guardians, the student and legal counsel (if any) must be present for the hearing, except that the hearing may go forward if the parents/guardians and student (if 18 years of age or older) have been provided prior written notice and failed to appear for the hearing.

Executive Session

I. GENERAL RULES OF CONDUCT

The hearing officer (MEAA Board Chair/designee or MEAA attorney) will conduct the hearing.
Witnesses shall be sequestered in response to a request by either party.
The hearing officer will state “no irrelevant or repetitious evidence will be allowed and no debate between the parties will be allowed.”
The hearing officer will state that “all parties are expected to maintain the confidentiality of the proceeding.”
The MEAA School Board and student (at his/her own expense) may be represented by legal counsel through each stage of the process.

II. PROCEDURES

The hearing officer will state for the record:

Date of this hearing;

Place of hearing;

Time of hearing;

Name of student;

Those in attendance for the administration;

Those in attendance for the student; and

Those in attendance for the MEAA School Board.

The hearing officer will request from the Executive Director a copy of the hearing notice, read the hearing notice to the MEAA School Board and include the notice in the record. If no person appears at the hearing on behalf of the parents/guardians or student, the hearing officer will request that the Executive Director confirm that the parents/ guardians and student (if age 18 or older) were provided notice of the hearing.
The Executive Director or designee, hereafter called “the administration,” will make an opening statement that includes an overview of the evidence, his/her recommendation, the reason(s) for the recommendation, and the legal basis for the recommended expulsion.
The hearing officer will inform the student and parents/guardians of their rights:

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

The hearing officer will ask if any member of the MEAA Board finds him/herself in a possible conflict of interest situation because he/she knows the student or parents/guardians to such an extent, or has knowledge of the facts to such an extent, that he/she could not impartially hear the facts and decide the issue on its merits.
All witnesses shall be sworn in by the hearing officer. Each witness raises his/her right hand and is asked, “Do you solemnly affirm to tell the truth, the whole truth and nothing but the truth?”
The administration calls its witnesses.

H. After each witness has answered all questions put by the administration, then the student/designee (hereinafter, the student) may cross examine. This should be limited to questions and not arguments with the witness.

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

Members of the MEAA Board may ask questions at the conclusion of the rebuttal.
The student may then call his/her own witnesses to testify, and the student may testify. All witnesses will be sworn. The administration may cross examine. The student may ask rebuttal questions. After the rebuttal questions, the MEAA Board may ask questions.
When all the student’s witnesses have completed testimony (including the student), the administration may call additional rebuttal witnesses who may be cross examined.
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.
The MEAA Board should then deliberate in executive session. The Executive Director, MEAA Board attorney, administration, the student charged, his/her parents/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 Executive Director may remain to provide

guidance to the MEAA Board if he/she was not directly involved in the investigation/presentation of evidence.

The MEAA Board shall discuss whether the charges are more likely than not supported by the evidence presented. The MEAA Board may discuss and/or draft proposed finding of fact(s) concerning the charges prior to leaving the executive session.
The MEAA Board shall then leave executive session.

III. PUBLIC SESSION

In public session, a member of the MEAA Board may make a motion to “expel a student and direct the Executive Director to provide the student and his/her parents/guardians with the MEAA Board’s finding of fact(s).” Following a second, the MEAA Board Chair should state the motion and the MEAA 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.
The Executive Director is responsible for notifying the parents/ guardians (and the student if age 18 or older) of the MEAA Board’s decision. If the student has been expelled, the Executive Director will also provide notice of the conditions, if any were given at that time, for MEAA Board consideration of readmission.

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 the local school district to comply fully with all applicable state and federal special education laws that govern such removals.

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

Legal Reference: 34 CFR § 300.121; .519-.529 (March 1999, as amended)

Me. Spec. Ed. Reg. Ch. 101 § 14 (Nov. 1999, as amended)

JKF-R: DISCIPLINARY REMOVAL OF STUDENTS WITH DISABILITIES ADMINISTRATIVE PROCEDURE

These procedures shall govern disciplinary removals of students with disabilities from their regular school program. These procedures shall be interpreted in a manner consistent with state and federal special education laws and regulations.

A. School administrators may suspend students with disabilities for up to 10 cumulative school days in the school year under the same terms and conditions as students without disabilities are suspended, subject to the limitations set forth below:

In the event that a disabled student’s Individualized Education Plan (IEP) specifically lists a school response other than a suspension that must be followed for a particular type of misconduct, the school administrator shall follow the requirements of the IEP in responding to that misbehavior.
When calculating the 10 cumulative school day total, school administrators shall include school days spent in an in-school suspension or removal, unless during that removal the student continued to have access to the general curriculum, to the special education services in his/her IEP, and also continued to participate with non-disabled students to the extent he/she would have in the student’s regular program.
Portions of a school day that a student has been suspended would be included in determining whether the student has been removed for more than 10 cumulative school days.

B. In the event that a school administrator must remove a disabled student from his/her school program for more than 10 cumulative school days in the school year, the administrator shall ensure that the following steps are followed:

After consulting with the student’s special education teacher, the school administrator shall arrange for the student to receive an appropriate level of educational services during the removal in question so as to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
The administrator shall contact the school’s special education office to arrange for a meeting of the student’s Pupil Evaluation Team (PET), which should meet within 10 business days of commencing the removal in excess of 10 cumulative school days in the school year.
At the PET meeting referenced above, the PET shall undertake all the responsibilities established by state and federal special education laws, including reviewing or ordering as appropriate a functional behavior assessment and a behavior intervention plan. The Team may also undertake a manifestation determination of the behaviors of concern, and must undertake that manifestation determination if the student has been removed with sufficient frequency to constitute a “change of placement” as that term is defined by state and federal law.
Nothing in these procedures shall prevent the PET from undertaking functional behavior assessments, manifestation determinations, or the development of behavior plans at earlier points in time, as determined appropriate by the PET.

C. Should school officials believe that the student should remain out of his/her regular program for a sufficient length of time so as to be a “change of placement” under state and federal law, school officials shall schedule a PET meeting to consider that removal. At that meeting, the following things must occur:

The Team shall review or order, as appropriate, a functional behavior assessment and shall review or order, as appropriate, a behavior intervention plan for the student. The Team shall also under take a manifestation determination of the behaviors prompting the need for the extended removal time.
If the PET chooses to remove the student from his/her regular program for a period of time that would be a change of placement, the Team shall decide upon the appropriate services for the student to receive during that removal. Those services must be calculated to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal.
When such a removal is ordered by the PET, the family shall receive the special education statement of procedural rights as part of that decision. If possible, the chair of the PET meeting should also attempt to inform the student’s parent/guardian at the meeting that if he/she does not believe the service package ordered by the PET is appropriate, then the parent/guardian may request a due process hearing challenging the appropriateness of those services.

For the purpose of these procedures, a “change of placement” shall be any removal from the student’s regular school program that is for more than 10 consecutive school days in a school year, or any series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year and are considered a change of placement because of factors such as the length of each removal, the total amount of time the student is removed and the proximity of the removals to one another.
In any situation where the PET determines that misconduct is not a manifestation of the student’s disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner as they would be applied to students without disabilities, up to and including possible expulsion of the student in question. During any permissible disciplinary removal in excess of 10 cumulative school days in the school year, including expulsions, the school shall provide that student with services sufficient to ensure that the student is able to continue to progress in the general curriculum and appropriately advance toward the goals and objectives listed in the student’s IEP during that removal. The PET shall determine the services that meet that standard for removals sufficiently long as to constitute a change of placement.
Following any disciplinary removal in excess of 10 cumulative school days in the school year, the PET should meet to review the student’s most recent functional behavior assessment, or if one has not been done, to order that such an assessment occur, as appropriate. Following the completion and/or review of the functional behavior assessment, the Team shall develop and/or review, as necessary, the behavior intervention plan and order changes in such a plan, if appropriate, to address the behaviors of concern.
In those circumstances where a student brings a weapon to school, to a school function, or on school transportation, or where a student possesses, uses, sells or attempts to sell illegal drugs at school, a school function, or on school transportation, school officials may place that student out of school for up to 45 days, shall provide educational services for the student, and shall schedule a PET meeting to occur within 10 business days of the removal. At that PET meeting, the Team shall undertake all necessary actions discussed in these procedures for responding to removals that constitute a change of placement for the student. Determinations regarding what should happen with the student after the 45-day removal shall also be made by the PET, consistent with these procedures and state and federal law.

Legal Reference: 34 CFR § 300.121; .519-.529 (March 1999, as amended)

Me. Spec. Ed. Reg. ch. 101 § 14 (Nov. 1999, as amended)

JL: STUDENT WELLNESS

Maine Arts Academy believes that for students to have the opportunity to achieve personal, academic, developmental and social success, we need to create positive, safe and health-promoting learning environments at every level, in every setting, throughout the school year through developing students’ skills and behaviors that promote lifelong wellness. The School Board recognizes that a student’s readiness to learn is related to his/her physical and psychological well being. The school is committed to creating healthy school environments that allow students to take full advantage of the educational programs offered at Maine Arts Academy.

PREAMBLE: This policy outlines Maine Arts Academy’s approach to ensuring environments and opportunities for all students to practice healthy eating and physical activity behaviors throughout the school day. Specifically, this policy establishes goals and procedures to ensure that:

Students attending MEAA have access to healthy food throughout the school day.
Students receive quality nutrition education that helps them develop lifelong healthy eating behaviors.
Students have the opportunity to be physically active during school hours.
MEAA will engage in nutrition and physical activity promotion and other activities that promote student wellness.
School staff are encouraged and supported to practice healthy nutrition and physical activity in and out of school.
The community is engaged in supporting the work of MEAA in creating continuity between school and other settings for students and staff to practice lifelong healthy habits.
Maine Arts Academy establishes and maintains an infrastructure for management, oversight, implementation, communication about and monitoring of the policy and its established goals and objectives.

WELLNESS APPROACH: MEAA will integrate wellness activities across the entire school setting. MEAA will coordinate and integrate other initiatives related to physical activity, nutrition and wellness so all efforts are complementary, not duplicative, and work towards the same set of goals and objectives promoting student well-being, optimal development and strong educational outcomes. With special focus on performing arts, we will incorporate and enhance our wellness education and promotion through dance, theatre and music as part of physical activity and psychological well being.

WELLNESS GOALS

Reducing Screen Time
Nutrition Education and Promotion
Wellness Promotion
Nutritional Guidelines (emphasis on water consumption)
Physical Education and other physical activities (emphasis on integration into the arts)
Competitive Foods and Beverages
Measuring Implementation and Evaluation

Screen Time

MEAA will encourage that screen time including television, computer, video games and other electronic media will only be used for educational purposes.
All student cell phones and electronics will be put away during class time and will only be permitted for usage during lunchtime and teacher directed activities.

2. Nutritional Education and Promotion

Maine Arts Academy is committed to the following goals by teaching, encouraging and supporting:

All high school students will receive health education including nutrition education that is aligned with federal and state laws and educational standards through Friday workshop periods from community health professionals. .
MEAA ’s chef is committed to educating their high school students about daily nutritional guidelines.
MEAA offers taste testing and menu planning opportunities for all high school students.
MEAA will include some of the healthy eating topics in Health/Nutrition Education. MEAA will include some of the health education curriculum topic examples from below:

Relationship between healthy eating and personal health and disease prevention.
Eating a variety of foods every day
Balancing food intake and physical activity

3. Wellness Promotion

MEAA will establish a wellness committee.
Staff will be encouraged to participate in wellness challenges 2 times per year.

4. Nutritional Guidelines

Maine Arts Academy is committed to serving healthy meals to children, with plenty of fruits, vegetables, whole grains, and fat free and low fat milk, moderate in sodium, low in saturated fat and zero grams trans fat per serving (nutrition label or manufacturer’s specification); and to meet the nutrition needs of school children within their calorie requirements. The school meal programs aim to improve the diet and health of school children, help mitigate childhood obesity, model healthy eating to support the development of lifelong healthy eating patterns and support healthy choices while accommodating cultural food preferences and special dietary needs.

Our school participates in USDA child nutrition programs, including the National School Lunch Program and the School Breakfast Program. Maine Arts Academy is committed to offering school meals through the National School Lunch Program and the School Breakfast Program and other applicable Federal child nutrition programs that:

Are accessible to all students
Are appealing and attractive to children
Are served in clean and pleasant settings
Meet or exceed current nutrition requirements established by local, state and federal statutes aren regulations (MEAA offers reimbursable school meals that meet USDA nutrition standards)
Promote healthy food and beverage choices using the following Smarter Lunchroom techniques;
- Sliced or cut fruit is available daily
- Daily fruit options are displayed in a location in the line of sight and reach of students-students to select and consume the daily vegetable options with their meal
- A reimbursable meal can be created in any service area available to students (e.g. salad bars, snack rooms)
- Menus are posted on the school website and local newspapers
- Menus with nutrient content and ingredients available upon request
- School meals are administered by a team of nutrition professionals
- The child nutrition program will accomodate students with special dietary needs documented by a healthcare professional
- Students will be allowed at least 10 minutes to eat breakfast and at least 20 minutes to eat lunch, counting from the time they have received their meal and are seated
- Students are served lunch at reasonable and appropriate time of day.
- Participating in Federal child nutrition programs will be promoted among students and families to help ensure that families know what programs are available in their children’s school

5. Physical Education and other physical activities

Maine Arts Academy will provide a physical and social environment that encourages safe and enjoyable physical activity and fosters the development of a positive attitude towards health and fitness. Maine Arts Academy provides opportunities in a variety classes that fosters physical activity.

6. Competitive Foods and Beverages:

The school is committed to ensuring that all foods and beverages available to students on the campus during the school day support healthy eating. Foods and beverages sold and served outside of the school meal programs (i.e. ‘competitive foods and beverages) will meet the USDA Smart Snacks in School nutrition standards at a minimum. Smart Snacks aim to improve student health and wellbeing, increase consumption of healthful foods during the school day, and create an environment that reinforces the development of healthy eating habits. A summary of the standards and information are available at:

http://www.fns.usda.gov/healthierschoolday/tools-schools-smart-snacks. To support healthy food choices and improve students’ health and well-being, all foods and beverages outside the reimbursable school meal programs that are sold to students on the school campus during the school day will meet or exceed the USDA Smart Snacks nutrition standards. These standards will apply in all locations and through all services where foods and beverages are sold.

7. Measuring Implementation and Evaluation

The School Board recognizes the importance of implementing and maintaining the Wellness Policy.

A.The wellness team will serve as an advisory committee. This team will be responsible for making recommendations related to the wellness policy and wellness goals for raising awareness for student and staff health issues.

B. Maine Arts Academy is committed to making their health and wellness policy public.

C.The wellness committee will provide updates on wellness policy, compliance,

and wellness initiates to the school board and staff.

School Wellness Committee

Maine Arts Academy will convene a representative wellness committee that meets at least four times per year to establish goals for and oversee school health and safety policies and programs, including development, implementation and periodic review and update of the wellness policy. The committee shall be comprised of individuals invited to participate representing at least one of each of the following sectors. (The first six sectors are required to be represented.)

Administrator
Food Service Designee
Student Representative
Parent Representative
School Board Member
School Health Professional
Teacher/Guidance Counselor
Public

ADOPTED: July 5, 2017

SOURCE: In collaboration with Inland Hospital, Waterville ME

REVISED: September 12, 2018

JLCB: IMMUNIZATION OF STUDENTS

All students who enroll in the school are required by Maine law 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).

Non-immunized students shall not be permitted to attend school unless one of the following conditions are met:

The parents/guardians provide to the school written assurance that the child will be immunized within 90 days of enrolling in school or his/her first attendance in classes, whichever date is earlier. This option is available only once to each student during their school career; or
The parents/guardians provide a physician’s written statement each year that immunization against one or more diseases may be medically inadvisable (as defined by law/regulation); or
The parents/guardians state in writing each year that immunization is contrary to their sincere religious or philosophical beliefs.

The Executive Director his/her designee(s) shall exclude from school any non-immunized student when there is a clear danger to the health of others as provided by law.

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

Legal Reference: 20-A MRSA §§ 6352-6359

Chapter 126 (Me. Dept. of Ed. Rules)

JLCC: COMMUNICABLE/INFECTIOUS DISEASES

Teachers shall be alert to signs of illness and communicable disease and refer students who show such symptoms to the school nurse.

All students under quarantine shall be excluded from school and school activities. Quarantine regulations established by the Bureau of Health shall be observed. The school nurse shall be responsible for notifying the local health department of all students having a communicable disease as required by law and Department of Education rules. The Executive Director shall be notified of all communicable disease cases and contacts in the school.

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

When a student returns to school after having had a communicable disease, a certificate from the attending physician is required. The Executive Director and/or the school nurse must give permission before the student is readmitted to class.

Legal Reference: 5 MRSA § 19201 et seq.

20-A MRSA §§ 1001(11)(A), 6301

22 MRSA §§ 801, 802, 806, 823, 824

JLCD: ADMINISTERING MEDICATION TO STUDENTS

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

REQUESTS TO ADMINISTER MEDICATIONS PURSUANT TO HEALTH PROVIDER ORDER

The following procedure must be followed for any prescription or over the counter mediation to be administered to students pursuant to a healthcare provider’s order. Such an order must be obtained from a medical /health care provider’s order. Such an order must be obtained from a medical/health practitioner who has a current Maine license with a scope that includes administering medication. This section does not apply to the administration of medical marijuana; please see Section B for specific requirements.

The parent/legal guardian shall obtain a copy of the Maine Arts Academy’s Request/Permission to Administer Medication in School Form and Board Policy JLCD from the Maine Arts Academy Office.
The parent/legal guardian and the student’s health care provider shall complete and sign the Request/Permission Form.
The parent/legal guardian shall return the Request/Permission Form to the Maine Arts Academy Office along with the medication.

In the original container (and in the case of prescription medications appropriately labeled by the health care provider or pharmacy);
Including no more than the amount of medication necessary to comply with the health provider’s order.

4. The school nurse shall review the Request/Permission form for completeness and clarity. If the

Nurse has any questions or concerns about the form, he/she will contact the parent/legal guardian

and /or health care provider, as appropriate, for more information.

5. If there is a later change in the medical order (such as change in dose, frequency or type of

medication) a new Request/Permission form must be completed.

6. Medication orders must be renewed at least annually.

7. Medication no longer required (or remaining at the end of the school year) must be removed by the

parent/legal guardian. Medication not removed by the parent/legal guardian in a timely manner

shall be disposed of by the school unit.

8. The Board disclaims any and all responsibility for the diagnosis, prescription of treatment and

administration of medication for any student.

B. ADMINISTRATION OF MEDICAL MARIJUANA

The Maine Medical Use of Marijuana Act governs administration of medical marijuana in schools in Maine. The Department of Administration and Financial Services (DAFS) is the regulatory agency charged with implementing the Maine Medical Use of Marijuana Act. The Maine Medical Use of Marijuana Program, located with DAFS, is charged with the administrative duties associated with implementation, such as issuance of registration cards.

The following procedure must be followed for the administration of medical marijuana to students at school.

The student’s parent/legal guardian/legal custodian shall obtain a copy of the Maine Arts Academy Request/Permission to Administer Medical Marijuana in School Form and Board Policy JLCS form the school office.
The parent/legal guardian/legal custodian and the student’s authorized medical provider (physician, certified nurse practitioner or physician assistant) shall complete and sign their guest/Permission Form and attach a copy of the student’s current written certification for the use of medical marijuana. The original certification must be shown to the school employee processing the request. A copy will be retained by the school.
The parent/legal guardian/legal custodian must designate the caregiver who will administer medical marijuana to the student in school (including for students over the age of 18). The designated caregiver must be registered with the Maine Medical Marijuana Program. The original registry identification card and caregiver designation form must be shown to the school employee processing the request. Copies will be retained by the school.
If designated caregiver is not a parent/legal guardian/legal custodian of the student, the designated caregiver must also submit verification that he/she is authorized by the state to administer marijuana to the student on school grounds.
Arrangements will be made between the school administration and the designated caregiver to schedule the administration of medical marijuana in a manner that will minimize/disruption to school operations and the student’s educational program and that will not impact other students or employees. The designated caregiver must comply with all Board policies and school rules while on school premises to administer medical marijuana to a student.
Medical marijuana must be brought to school by the caregiver and may not be held, possessed or administered by anyone other than the caregiver. The student may only possess the medical marijuana during the actually administration process. Medical marijuana administered in school must be in non-smokeable form (vaporizers are not permitted).
The designated caregiver must check-in at the school office upon arrival for the administration of medical marijuana. Medical marijuana may only be administered in the following location- Maine Arts Academy School Office.
The designated caregiver must check-out at the school office following administration of the medical marijuana and transport any remaining medical marijuana with him/her off school premise.

C. SELF ADMINISTRATION OF MEDICATIONS

Inhalers and Epi-Pens

Students shall be authorized to possess and self-administer prescribed emergency medication from an asthma or epinephrine pen (epi-pen) if the following requirements are met.

The student must have the prior written approval of the student’s health care provider and, if the student is a minor, the prior written approval of his/her parent/guardian (see request/permission form)
The student’s parent/guardian must submit written verification from the student’s health care provider confirming that the student has the knowledge and the skills to safely possess and use an asthma inhaler or epi-pen in school.
The school nurse shall evaluate the student’s technique to ensure proper and effective use of an asthma inhaler or epi-pen in school.

D. ADMINISTRATION OF EPI-PENS TO STUDENTS WITHOUT A PRESCRIPTION

Maine Arts Academy has a collaborative practice agreement which allows the administration of an epi-pen to a student who does not have a prescription in an emergency when the student is experiencing anaphylaxis suring school or a school-sponsored activity. The epi-pen must be administered by the school nurse or other authorized unlicensed personnel who has received the training required by this policy and the collaborative practice agreement.

E. PERSONNEL AUTHORIZED TO ADMINISTER/DISPENSE MEDICATIONS

Medications (other than medical marijuana) may be administered by the school nurse and/or by authorized unlicensed school personnel who have received appropriate training from a registered professional nurse or physician. Annual refresher training is required for all unlicensed personnel authorized to administer medications. The school nurse shall maintain appropriate documentation of training. Authorization to administer medications shall be made by the Executive Director based upon the recommendations of the school nurse.

F. STAFF INFORMATION

To the extent legally permissible, school staff may be provided with such information regarding a student’s medication as may be in the best interest of the student.

G. STORAGE OF MEDICATIONS/RECORD KEEPING/ANNUAL REPORT

All medications shall be stored in a secure space in the school office and locked at all times except during the actual administration of medication.
Clearly marked containers are provided to store all daily medications and those to be taken as needed.
A Medication Record Book shall be maintained by the school nurse/designee, including the Request/Permission Forms and individual medication records for each student to document the administration of all medications (dose administered by whom, date, time and any errors).
The school unit shall provide an annual report to the Maine Department of Education summarizing and analyzing incidents involving a severe allergic reaction or administration of an epinephrine auto injector.

JLCD: ADMINISTRATION OF MEDICATION TO STUDENTS

In some instances, a student’s chronic or short-term illness, injury, or disabling condition may require the administration of medication during the school day. The school will not deny educational opportunities to students requiring the administration of medication in order to remain in attendance and participate in the educational program.

The intent of this policy is to promote the safe administration of medications to students by school personnel and to provide for authorization of student emergency self-administration of medication from asthma inhalers and epinephrine pens. The MEAA Board encourages collaboration between parents/guardians and the school in these efforts.

The MEAA 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.

DEFINITIONS

“Administration: MEAA the provision of prescribed medication to a student according to the orders of a healthcare provider.

“Health care provider” MEAA 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” MEAA 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” MEAA 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.

“Parent” MEAA 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” MEAA 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.

ADMINISTRATION OF MEDICATION BY SCHOOL PERSONNEL

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.

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:

The student’s name;
The name of the medication;
The dose;
The route of administration (e.g., tablets, liquid, drops); and
Time intervals for administration (e.g. every four hours, before meals)
Any special instructions; and

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 Executive Director.

Renewal of Parent Permission Requests/Forms and Health Care Provider Orders

Written parental permission request/form and health care provider orders must be renewed annually or whenever there are changes in the order.

Delivery and Storage of Medication

The student’s parents or designee shall deliver any medication to be administered by school personnel to the school in its original container. In the event that this is not practical, 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 pens. The parent is responsible for the replenishment of medication kept at school.

If the health care provider’s order/prescription is for a medication regulated by the Federal Narcotics Act, no more than a week’s supply shall be kept at school. (Some situations may not lend themselves to this. Parent may request special arrangements).

The parent is responsible for notifying the school of any changes in or discontinuation of a prescribed medication that is being administered to the student at school. The parent must remove any medication no longer required or that remains at the end of the school year.

The 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.

Recordkeeping

School personnel and the student’s parent shall account for all medication brought to school. The number of capsules, pills or tablets, and/or the volume of other medications brought to school shall be recorded.

School staff administering medication shall document on the medication administration form each instance that the medication is administered including the date, time, and dosage given. (the form is attached).

The school nurse or designee 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. Our policy is to keep records for seven (7) years. After that the face sheet is kept for as long as space allows.

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.

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 Executive Director or his/her designee(s), will provide direction and oversight for the administration of medication to students.

All unlicensed personnel administration, 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 Executive Director or 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.”

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, Executive Director and, as appropriate, the school’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 “Policy for Medication Administration on School Trips” will be followed.

Student Self-Administration of Asthma Inhalers and Epinephrine Pens

Students with allergies or asthma may be authorized by the school nurse to possess and self-administer emergency medication from an epinephrine pen (EpiPen) or asthma inhaler during the school day, during field trips. School-sponsored events, or while on a school bus. The student shall be authorized to possess and self-administer medication from an epinephrine pen or asthma inhaler if the following conditions have been met.

The parent- (or student, if 18 years of age or older) must request in writing authorization of the student to self-administer medication from an epinephrine pen or asthma inhaler.
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.
The student’s parent/guardian should submit written verification to the school from the student’s primary care provider, if available, confirming that the student has the knowledge and the skills to safely possess and use an epinephrine pen or asthma inhaler.
The school nurse shall evaluate the student’s technique to ensure proper and effective use of an epinephrine pen or asthma inhaler.
The parent/guardian 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 will not be responsible for any injury arising from the student’s self-medication.

Authorization granted to a student to possess and self-administer medication from an epinephrine pen or asthma inhaler shall be valid for the current school year only and must be renewed annually.

A student’s authorization to possess and self-administer medication from an epinephrine pen or asthma inhaler may be limited or revoked by the ______________ 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 a self-administer medication may be revoked and the student may be subject to disciplinary consequences for violation of this policy.

Medication possession/use Grades 9-12 requirements

With the increased expectations and responsibility given to high school students, flexibility needs to be made regarding their access to medication; therefore students at the high school may carry and self-administer certain medications with the written permission of the parent/guardian and when determined appropriate or physician. All such medication must come in original and or labeled containers.

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 Executive Director/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.

Delegation and Implementation

The Executive Director or his/her designee shall be responsible for developing administrative procedures and/or protocols to implement or supplement this policy.

Such procedures/protocols shall include direction regarding:

Safe transport of medication to and from school;
Administration of medication during field trips and school-sponsored events;
Accountability for medications, particularly those regulated by the Federal Narcotics Act.
Proper storage of medication at school;
Training of appropriate staff on administration of emergency medications; 6. The procedure to follow in the event of a medication reaction; Access to medications in case of a disaster.

The process for documenting medications given and medication errors; and
The proper disposal of medications not retrieved by parents.

Legal Reference: 20-A MRSA §§ 254; 4009(4)

Ch. 40 (Me. Dept. of Educ. Rule)

28 C.F.R. Part 35 (Americans with Disabilities Act of 1990)

34 C.F.R. Part 104 (Section 504 of the Rehabilitation Act of 1973)

34 C.F.R. Part 300 (Individuals with Disabilities Education Act)

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. Maine Arts Academy recognizes the need for advance planning and appropriate confidentiality in these circumstances. The Executive Director 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 Executive Director is satisfied that conditions have been met. Maine Arts Academy will comply with reintegration standards established by the Maine Department of Education. The Executive Director will be responsible for overseeing the transition of students from juvenile correctional facilities based on the following guidelines.

A. Within ten days of receiving information from the Department of Corrections concerning the release of the juvenile offender, the Executive Director 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.

B. The reintegration team shall include at a minimum the school counselor and Principal 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.

C. The reintegration team will determine, on the basis of need, which school employees should be given (OR receive information OR 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.

D. The Executive Director 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.

F. Placement in grade, class, and/or school programs will be based on the student’s abilities and academic achievement demonstrated in prior educational settings, including the student’s stay at the juvenile correctional 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.

G. The Executive Director 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.

H. A student who violates Maine Arts Academy 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.

I. The Executive Director 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.

Legal Reference: 20-A M.R.S.A. §§ 254(12), 1055(12), 2902(10), 4502(5)(O),

6001-B(1), 6001-B(2), 6001-B(3-A)

15 M.R.S.A. § 3009

Adopted: 12/6/17

JRA: STUDENT EDUCATION RECORDS

MEAA shall comply with the Family Educational Rights and Privacy Act (“FERPA”) and all other federal and state laws and regulations concerning confidentiality and maintenance of student records and information.

Directory Information

The MEAA 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, honors and awards received, and photographs and videos of student participation in school activities open to the public (except photographs and videos on the Internet). The MEAA 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 MEAA 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.

Health or Safety Emergencies

In accordance with federal regulations, MEAA 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.

Information on the Internet

Under Maine law, MEAA 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, the MEAA 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

The MEAA Board hereby designates the Kennebec Sheriff Department as MEAA law enforcement units.

Administrative Procedures and Notices

The Executive Director his/her designee(s) is responsible for developing and implementing any administrative procedures and parent notices necessary to comply with the applicable laws and regulations concerning student education records and information. Notices shall be distributed annually to parents and eligible students concerning their rights under these laws and regulations. A copy of this policy shall be posted in each school.

Legal Reference: 20 USC § 1232g; 34 CFR Part 99 as amended

10 U.S. C. § 7908

20-A MRSA §§ 6001, 6001-B

Maine Department of Education Rules, Chapters 101 and 125

JRA-R: STUDENT EDUCATION RECORDS 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.

Definitions

The following definitions apply to terms used in this procedure.

“Act” the federal Family Educational Rights and Privacy Act (20 U.S.C. §1232g).
“Directory information” is 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, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except phonographs and videos on the Internet).
“Eligible student” MEAA a student who has attained 18 years of age who has not been judged by a court of competent jurisdiction to be so severely impaired that the student is unable to make decisions or exercise judgment on his/her own behalf.
When a student attains the age of 18, all rights accorded to parents concerning education records transfer to the eligible student, except that the MEAA 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.
“Parent” MEAA 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.
“Education record” MEAA information or data that directly relates to a student and is maintained by the school in any medium, including but not limited to handwriting, print, e-mail or other computer media, video or audio tape, microfilm and microfiche. Records of instructional, supervisory and administrative personnel and personnel who support these individuals, which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a temporary substitute for the person who made the record are excluded from this definition, as are grades on peer-graded papers before they are collected and recorded by a teacher.
“Student” includes any individual with respect to whom the MEAA maintains education records.

B. Annual Notification of Rights

Parents and eligible students shall be provided with notice of their rights under FERPA and other applicable federal and state laws and regulations concerning education records at the beginning of each school year or upon enrollment if a student enrolls after the start of the school year. The MEAA may provide notice through any of the following MEAA:

Mailing to students’ home;
Distribution to students to take home;
Publication in student handbooks;
Publication in newsletters or other materials distributed to each parent/ eligible student.

Access to Policy and Administrative Procedure

MEAA’s policy on Student Education Records and Information shall be posted in the 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.

Inspection and Review of Education Records

Parent/eligible students may review and inspect their educational records by the following procedure:

The parent/eligible student must make a written request to the Executive Director, his/her designee(s) or Principal to review the records.
The Executive Director, his/her designee(s) or Principal 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.
The Executive Director, his/her designee(s) or Principal 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.
All records shall be reviewed in the presence of a school official.

Parents/eligible students may also request to review the following:

The MEAA list of types and locations of education records and titles of officials responsible for the records.
The MEAA records of disclosures of personally identifiable information (see Section F).

E. Requests to Amend Education Records

Parents/eligible students may ask the MEAA to amend education records they believe are inaccurate, misleading or in violation of the student’s privacy rights as follows:

The parent/eligible student must make a written request to the Executive Director, his/her designee(s) or Principal 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.
The Executive Director, his/her designee(s) or Principal 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 MEAA’s refusal to amend the record and inform the parent/eligible student of their right to request a hearing.
If the parent/eligible student requests a hearing, it shall be held within a reasonable period of time from MEAA’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 Executive Director shall designate an individual to conduct the hearing. This individual may be an employee of the MEAA so long as he/she does not have a direct interest in the outcome of the hearing. The parent/eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his/her choice at his/her own expense, including an attorney.
MEAA 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.
If, as a result of the hearing, MEAA 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.
If, as a result of the hearing, MEAA 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 MEAA.
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 MEAA. If the education records of the student or the contested portion is disclosed by the MEAA to any party, the explanation shall also be disclosed.

F. Disclosure of Education Records

All disclosures of education records will be made in compliance with federal and state statutes and regulations. The MEAA 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:

Directory Information. MEAA may make directory information (as described in Section A) public at its discretion unless a parent/eligible student has notified the Executive Director or his/her designee(s) in writing by September 15th or within thirty (30) days of enrollment, whichever is later.

MEAA may disclose directory information about former students without the consent of the parent/eligible student.

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 MEAA 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 MEAA to disclose this information must notify the Executive Director or his/her designee(s) in writing by September 15th or within thirty (30) days of enrollment, whichever is later.

School Officials with Legitimate Educational Interests. Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by the MEAA as an administrator, supervisor, instructor or support staff member (including health or medical staff and the school’s designated law enforcement unit personnel, if any);School Board; persons or companies with whom the MEAA 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 MEAA with regard to education records.
Other School Units. Under Maine law (20-A MRSA § 6001-B), MEAA 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 Executive Director 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 Executive Director indicating whether the student has been expelled or suspended or is the subject of an expulsion or suspension proceeding.
Health or Safety Emergency. In accordance with federal regulations, MEAA 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.
Other Entities/Individuals. Education records may be disclosed to other governmental entities and individuals as specifically permitted by FERPA and the accompanying regulations.
Information on the Internet. Under Maine law (20-A MRSA § 6001), the MEAA shall not publish on the Internet any information that identifies a student, including but not limited to the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ names, without written parental consent.

G. Request/Disclosure Record

MEAA will maintain a record of requests and disclosures of personally identifiable information from the education records of a student.
Such records do not include disclosures to the parents/eligible student; disclosures made pursuant to written consent of the parents/eligible student; disclosures to school officials; 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.
The record will include the party requesting the information and the “legitimate interest” the party has in the information. In the case of state and local educational authorities, and federal officials and agencies identified in the FERPA regulations, the record must specify that the records may be subject to further disclosure by these authorities, officials and agencies without consent.
When disclosures are made under the exception for health or safety emergencies, the record must include the “articulable and significant threat to the health or safety of a student or other individuals that formed the basis of the disclosure” and the parties to whom the information was disclosed.

H. Waiver of Confidentiality Rights

A parent/eligible student may waive any of his/her rights regarding confidentiality of education records, but any such waiver must be in writing and signed by the parent/eligible student. The school may not require that a parent/eligible student waive his or her rights. Any waiver may be revoked, but such revocation shall not apply to any actions taken MEAA prior to the revocation being received. If a parent executes a waiver, that waiver may be revoked by the student any time after he/she becomes an eligible student.

Fees for Copying Records

There shall be no charge to search for or retrieve education records of a student. MEAA shall provide copies of education records to parents/eligible students upon request. The cost of producing copies of the record to parents/eligible student will be twenty-five cents ($.25 per page copied, plus postage). Parent/eligible students who are unable to pay such fees will not be denied access to education records. This fee, however, will not prohibit a parent/eligible student the opportunity to access records if they are unable to pay for copies.

Maintenance and Destruction of Education Records

MEAA shall maintain education records as required by federal and state statutes and regulations.

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.
MEAA shall not destroy any education record if there is any outstanding request to inspect or review such records.
Records of access to education records shall be retained as long as the records themselves.
MEAA shall inform parents of students with disabilities when education records are no longer needed to provide educational services to the student or to demonstrate that the school has provided the student with a free appropriate public education as required by law. At that point, the records may be turned over to parents/eligible student upon their request, or destroyed in accordance with the parent’s request or the MEAA procedures.

K. Complaints

The United States Department of Education maintains an office that handles complaints about alleged violations of FERPA by local school units. Complaints regarding violations of rights accorded parents/eligible students may be submitted in writing to:

Family Policy Compliance Office Department of Education 400 Maryland Avenue, S.W.

Washington, D.C. 20202

File: JRA-R

Legal Reference: 20 U.S.C. § 1232g; 34 C.F.R. Part 99 (as amended)

U.S. C. § 7908

20-A M.R.S.A. § 6001, 6001-B

Maine Department of Education Rules, Chapters 101 and 125

Maine State Archives, Rules for Disposition of Local Governmental Records

NOTIFICATION OF RIGHTS UNDER FERPA

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.

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 Executive Director his/her designee(s) or Principal in writing and must identify the record(s) to be inspected. The Executive Director his/her designee(s) or Principal will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents/eligible students may obtain copies of education records at a cost of $.25 per page.

Amendment of Records

Parents/eligible students may ask MEAA 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 Executive Director, his/her designee(s) or Principal in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Executive Director, his/her designee(s) or Principal decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.

Disclosure of Records

MEAA 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.

Directory Information

MEAA 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 MEAA, 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 MEAA to disclose directory information must notify the Executive Director his/her designee(s) in writing by September 15th or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in effect unless and until it is rescinded.

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 MEAA 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 MEAA to disclose this information without their prior written consent must notify the Executive Director his/her designee(s) in writing by September 15th or within thirty (30) days of enrollment, whichever is later.

School Officials with Legitimate Educational Interests

Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by the MEAA as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); members of the MEAA Board of Education; persons or companies with whom the MEAA 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 MEAA with regard to education records.

Health or Safety Emergencies

In accordance with federal regulations, the MEAA 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.

Other School Units

As required by Maine law, the MEAA sends student education records to a school unit to which a student applies to 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).

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 Executive Director his/her designee(s).

D. Complaints Regarding School Department Compliance with FERPA

Parents/eligible students who believe the MEAA has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202