Hull Public Schools
Annual Mandated Civil Rights Training
August 27, 2012
Judith Kuehn
Assistant Superintendent
Learning Objectives
• Participants Will Gain an Understanding of:
– Key Civil Rights Laws
– 504 Accommodation Plans
– Behavior Restraint Procedures
– Mc-Kinney Vento Act “Homeless”
– Confidentiality
– Bullying
Civil Rights
• Federal Laws Require:
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Full Compliance and Accountability
District-Wide Coordinators
Grievance Procedures
Oversight by Office of Civil Rights
Key Civil Rights Laws
• Title VI: Title VI Civil Rights Act of 1964
– Prohibits discrimination, exclusion from
participation and denial of benefits based on
race, color or national origin in programs or
activities receiving federal financial assistance.
– Ms. Judith Kuehn
Key Civil Rights Laws
• Title IX: Title IX of the Education Amendments
of 1972 regarding Sexual Harassment
– Prohibits discrimination, exclusion from participation,
and denial of benefits based on sex in educational
programs and activities receiving federal financial
assistance.
• Ms. Rebecca MacDonald
• Ms. Judith Kuehn
Sexual Harassment Title IX
• Sexual harassment of students is unwelcome
conduct of sexual nature by:
– school employees.
– other students.
– third parties.
• Sexual harassment of a student can deny or
limit participation in school programs therefore,
a form of sex discrimination under Title IX.
Key Civil Rights Laws
Title I of the Americans Disabilities Act of 1990
• Prohibits:
– Discrimination, exclusion from participation, and
denial of benefits on the basis of disability in the
areas of employment.
• Ms. Judith Kuehn
Key Civil Rights Laws
• Title II of the Americans with Disabilities Act of
1990
• Prohibits discrimination, exclusion from
participation, and denial of benefits on the basis
of disability in the areas of educational
programming and activities.
• Ms. Judith Kuehn
Section 504 of the
Rehabilitation Act of 1973
“No otherwise qualified handicapped individual shall,
solely by reason of his handicap, be excluded
from participation in, be denied the benefits of, or
be subjected to discrimination in any program or
activity receiving federal financial assistance.”
Section 504
• Prohibits discrimination, exclusion from
participation and denial of benefits based on
disability in programs or activities receiving
federal financial assistance.
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Ms.
Ms.
Ms.
Ms.
Philippa Young
Andrea Centerrino
Rebecca MacDonald
Maureen Rosenplanter
What Constitutes a 504
Evaluation?
• 504 Team: Individuals Knowledgeable about:
– The Student
– Meaning of Evaluation Data
– Potential Accommodations Options
• Sample Evaluation Information
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Record Review; Student Observations
Informational Inventories; Formal Assessments
Teacher Reports; Student Work Samples
Medical/Health Data/Diagnosis
General Education Vs. 504
• General Education:
–1st Consideration
• Can student’s needs be met through General
Education accommodations?
• 504 Plan:
–Does student’s disability substantially impact one
or more of life’s major activities and require
accommodations?
• (Federal Eligibility Criteria)
Key 504 Compliance:
Staff Responsibilities
• Make Programs and
Activities Accessible
within Least Restrictive
Environment
• Provide Reasonable
Accommodations
• Comply with
Accommodations in
Student’s 504 Plans
Major Difference: 504 vs. Special
Education Eligibility
Requirements
Student has a disability
504 Eligibility
Including but not limited
to:
ADD, Emotional,
Blindness, Visual
Impairment, Hearing
Impairment, Cerebral
Palsy, Diabetes, Epilepsy,
specific learning disability,
etc.

Student’s Disability impacts 1 or more of
life’s major activities and requires
Accommodation Plan
Student’s Disability falls within Federal
definition, impacts student’s ability to
make effective progress in general
curriculum and requires specialized
instruction and/or related services
Special
Education
Eligibility
Including: Autism,
Developmental Delay and
Intellectual, Sensory,
Neurological, Emotional,
Communication, Physical,
Health, Specific
Impairments, Multiple
Disabilities, specific
learning disability, ADD
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Who is NOT Eligible for a
504 Plan?
• A student is not automatically eligible for a 504
Plan just because he/she doesn’t qualify for an
IEP. A 504 Plan is not a consolation prize.
• A student that has a disability or medical
diagnosis that does not substantially impact
his/her ability to learn.
What are Key 504
Liability Issues for Staff?
• Failure by individual to make reasonable
accommodations as required by law
• Risk for district and personal liability for
damages, attorney’s fees and compensatory
services
Discrimination/Harassment
Connection
~Harassment could deny a student the right to
an education free of discrimination and could
threaten a student’s physical or emotional wellbeing, influence how well a student does in
school and make it difficult for a student to
achieve his or her career goals. Also, the
courts have made it clear that, where
harassment interferes with benefits protected
by law, it creates a ‘hostile environment.’~
What is a “hostile
environment”?
– A “hostile environment” is created when conduct
is “sufficiently severe, pervasive, or persistent so
as to interfere with or limit a student’s ability to
participate in or benefit from the services,
activities, or opportunities offered by a school.”
Dear Colleague Letter, SS IDELR 174 (OCR 2010)
Bullying/Harassment
• T.K. v. NYC: This will not be the last case
that holds that tolerance of bullying can
be a denial of FAPE.
• NOTE: It is not BULLYING that denies
FAPE, but TOLERANCE of it through
DELIBERATE INDIFFERENCE.
Harassment based on
protected classes
• Be aware of harassment based on other
protected classes.
• Aside from sexual harassment it is
common to see harassment based on:
Race
Disability
Sexual Orientation
Age
National Origin
Religion
Color
Bullying generally refers to
conduct that:
• Adversely affects a student’s ability to participate in or
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benefit from the school’s educational programs or
activities.
Results from repeated negative actions by one or
more students over time.
Occurs in a relationship where there is an imbalance
of power.
– Some bullying incidents can be Harassment (capital
“H”) and unlawful based on anti-discrimination laws.
An Act Relative to Bullying
in Schools
• Chapter 92 Acts of 2010
• This law requires school districts to develop and
adopt bullying prevention and intervention
plans.
• Intervention plan is available on the district
website.
What is Bullying?
• Bullying is defined as the repeated use of a written,
verbal, or electronic communication, or a physical act
or gesture, or any combination thereof, by one or
more students directed at another student that has
the effect of:
– causing physical or emotional harm to the other student or
damage to his or her property;
– placing the other student in reasonable fear of harm to him or
herself or of damage to his or her property;
– creating a hostile environment at school for the bullied student;
– infringing on the rights of the other student at school;
– Or materially and substantially disrupting the education process or
the orderly operation of a school.
The Law Prohibits Bullying:
• At school and at all school facilities;
• At school-sponsored or school-related functions,
whether on or off school grounds;
• On school buses and school bus stops;
through the use of technology or an electronic device
owned, licensed or used by a school; and
• At non-school-related locations and through nonschool technology or electronic devices, if the
bullying affects the school environment.
District Bullying
Intervention Plan Contains:
• Procedures for responding to and investigating
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reports of bullying.
Strategies for protecting those who report bullying.
Notice to the parents or guardians of students
involved in bullying, including perpetrators and
victims.
Appropriate services for students who have been
bullied or who are bullies.
Annual staff training & professional development.
Age appropriate instruction on bullying prevention in
each grade.
Forms of Bullying
• Physical
– Hitting, kicking, harming with a weapon, biting, spitting on,
pushing/shoving
• Verbal
– Name calling, teasing, shaming, intimidating
• Emotional or Social
– Social isolation, subjecting another to ridicule, making up
stories/events to embarrass a peer
• Cyber
– Email, facebook, cell phone, texting/sexting, Twitter, blogging,
YouTube
• Destruction of property
– Defacing, destroying, hiding, stealing personal possessions
Students Who Bully May:
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Control others.
Lack empathy.
View violence in a positive way.
Associate with like peers.
Be easily frustrated.
May be popular and respected, and have
good self-esteem.
Is That Student Being Bullied?
Student most likely won’t tell.
Student feels ashamed.
Look for behavioral signs.
Trust your instincts – report.
Targets of Bullying May
Experience:
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Reluctance to go to school.
Destroyed or missing belongings.
Decreased success in class.
Unexplained bruises or injuries.
Lowered self-esteem.
Complaints about feeling sick before school.
Withdrawal and/or depression.
Mandated Reporting &
Responding
• A staff member will report immediately to the principal or
designee when he/she witnesses or becomes aware of
conduct that may be bullying or retaliation. The
requirement to report to the principal or designee does not
limit the authority of the staff member to respond to
behavioral or disciplinary incidents consistent with school or
district policies and procedures for behavior management
and discipline.
• District incident reporting form
INVESTIGATION
The principal or designee
will investigate promptly
all reports of bullying or
retaliation and, in doing
so, will consider all
available information
known, including the
nature of the allegation(s)
and the ages of the
students involved.
Responses to Bullying
• The principal or designee will notify parents of
the target and the aggressor about the results of
the investigation and, if bullying or retaliation is
found, what action is being taken to prevent
further acts of bullying or retaliation.
• All notice to parents must comply with applicable
state and federal privacy laws and regulations.
Because of the legal requirements regarding the
confidentiality of student records, the principal or
designee cannot report specific information to
the target’s parent or guardian about the
disciplinary action.
Notice to Law Enforcement
• At any point after receiving a report of
bullying or retaliation, including after an
investigation, if the principal or designee
has a reasonable basis to believe that
criminal charges may be pursued against
the aggressor, the principal will notify the
local law enforcement agency.
How Does This Affect Special
Education?
• Special education students may be more
likely to be subjected to acts of bullying
and harassment.
Bullying & Special Education
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When the IEP Team determines the student
has a disability that affects social skills
development or the student may participate in or
is vulnerable to bullying, harassment, or
teasing because of his/her disability, the Team
will consider what should be included in the IEP
to develop the student's skills and proficiencies
to avoid and respond to bullying, harassment,
or teasing.
M.G.L. c. 71B, § 3, as amended by Chapter 92 of the Acts of 2010
Complaint Procedures
• Issues of bullying, discrimination and
harassment are particularly sensitive for adults
and students.
• If a teacher or student receives a report of
harassment and discrimination, such reports
should be taken seriously.
• Always report information to the proper school
authority.
Safety
• Regardless of what type of harassment
occurs, a school must take immediate and
appropriate steps to stop or prevent it from
happening again. The judgment and common
sense of teachers and administrators are
important elements of any response.
Bullying/Harassment
Court Cases
• Courts are trying to draw a clear line between
bullying vs. the normal give and take of
adolescent life - tough thing to do.
• Courts continue to follow the general rule that
schools are not liable for what others do (other
students, third parties) but only for their own
deliberate indifference to obvious harm.
CASE STUDY # 1
Shore Reg’l. High Sch. Bd. Of Educ. V.
P.S., 41 IDELR 234 (3d Cir. 2004)
1. Middle school boy with depression and labeled
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ED
Years of bullying due to his perceived sexual
orientation
Attempted suicide in the 8th grade
Request by parents to transfer to neighboring
LEA so that the boy would not matriculate to
high school with the gang of bullies
What Did the Court Say?
A. Bullying due to sexual orientation is not related to
the boy’s disability.
B. Forcing the boy to attend high school with the
gang of boys who had bullied him for years would
constitute a denial of FAPE.
C. Placement at the LEA high school with a behavior
plan that called for weekly counseling and selfreporting satisfied the FAPE obligation.
D. None of the above.
The Correct Answer is..
B. Forcing the boy to attend high school with
the gang of boys who had bullied him for
years would constitute a denial of FAPE.
CASE STUDY # 2
R.R. v. Kinsport City sch. Dist., 45
IDELR 212 (SEA TN 2005)
1. 9th grade boy with an LD in written expression and
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ADHD was involved in 5 altercations (verbal and
physical) with peers over a 7-month period.
Parents complained to administrators about
bullying.
LEA developed and implemented a BIP
(counseling; self-reporting of bullying; social skills
training).
LEA placed an adult escort with the boy
throughout the school day.
Boy was beaten up again—parents withdrew him
and sued for denial of FAPE.
What Did the Court Say?
A. Administrators took every action necessary in
response to allegations of bullying.
B. Student was denied FAPE because the school
failed to prevent attacks after the parents’
report of bullying.
C. Getting into a fight with peers does not
constitute bullying per se.
D. None of the above.
The Correct Answer is..
A. Administrators took very action necessary
in response to the allegations of bullying.
AND
C. Getting into a fight with peers does not
constitute bullying per se.
CASE STUDY # 3
M.P. v. Indep. Sch. Dist. No. 721, 38
IDELR 262 (8th Cir. 2003)
1. A school health paraprofessional divulged to
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the school community that a 16-year-old
student had been diagnosed with
schizophrenia.
Student was teased and physically harassed by
peers.
Student’s grades declined, and his mental
health condition deteriorated.
Is this bullying? Disability-based harassment?
What Did the Court Say?
A. No, this is not bullying or disability-based
harassment.
B. Yes, this constitutes disability-based
harassment.
C. The school district could be found liable for
money damages.
D. The paraprofessional could be found to have
acted with bad faith or gross misjudgment.
The Correct Answer is..
B. Yes, this constitutes disability-based
harassment.
C.
D.
AND
The school district could be found liable for
money damages.
AND
The paraprofessional could be found to have
acted with bad faith or gross misjudgment.
CASE STUDY # 4
P.R. v. Metro. Sch. Dist. Of Washington
Twp., 55 IDELR 199 (S.D. Ind. 2010)
1. Middle school girl confided to her BFF that she
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was HIV+.
The BFF passed this information on to others.
The girl was teased and harassed for two
years at school.
LEA responded to each incident of bullying by
meeting with alleged harassers, informing
parents, and punishing the perpetrators.
Was this enough to escape liability?
What Did the Court Say?
A. Yes, the LEA acted appropriately.
B. No, the LEA should have offered a private
school placement to remove the girl from her
tormentors.
C. No, the LEA is responsible for preventing this
type of bullying/harassment.
D. Yes, because LEA are not responsible for
stopping all acts of bullying/harassment in
schools.
The Correct Answer is..
A. Yes, the LEA acted appropriately.
AND
D. Yes, because LEA are not responsible for
stopping all acts of bullying/harassment
in schools.
CASE STUDY # 5
1. 7th grade girl with ADHD and a 504 plan loves
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3.
4.
Lady Gaga.
Girl wears shirts with Lady Gaga’s photo to
school, has a Lady Gaga lunch box, Lady Gaga
stickers on her backpack, etc.
Other students subject girl to daily ridicule
(calling her “Monster Girl”) because of her
devotion to Lady Gaga and have defaced her
notebook sticker.
The girl’s parents are threatening to file an
OCR complaint. What will OCR say?
What Did the Court Say?
A. There is no evidence of disability-based discrimination
because the teasing has nothing to do with the girl’s
disability.
B. There is evidence of disability-based discrimination
because the girl has a 504 plan and a disability.
C. Students with disabilities under 504 are protected
against all forms of bullying/harassment by virtue of
their protected-class status.
D. None of the above.
The Correct Answer is..
A. There is no evidence of disability-based
discrimination because the teasing has
nothing to do with the girl’s disability.
CASE STUDY # 6
J.E. v. Boyertown Area Sch. Dist., 56
IDELR 38 (E.D. Pa. 2011, aff’d, 57
IDELR 273 (3d Cir. 2011)
1. Elementary school boy has Asperger’s
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Syndrome.
Mother requested placement in private school
due to her fears that the boy would be
subjected to bullying due to his disability.
LEA proposed placement in a special education
classroom with a transition plan and
counseling services.
Mother withdrew the child and sued seeking
funding for private school.
What Did the Court Say?
A. The LEA was ordered to fund the private school
placement because it was reasonably foreseeable that
the boy would be subjected to bullying in the public
school environment.
B. Fears about possible future acts of bullying do not
constitute a denial of FAPE.
C. The LEA’s offer of placement and support services
satisfied its obligation to provide FAPE.
The Correct Answer is..
C. The LEA’s offer of placement and
support services satisfied its obligation to
provide FAPE.
CASE STUDY # 7
Mathers v. Wright, 56 IDELR 188 (8th
Cir. 2011)
1. An elementary teacher refused to instruct a
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student with intellectual disabilities who was
placed in her general education classroom.
Teacher excluded the child from recess and
fire drills, and allegedly forced her to crawl on
the floor in the classroom.
Do the teacher’s actions constitute “bullying?”
Could the teacher be liable for money
damages?
What Did the Court Say?
A. This teacher is in BIG TROUBLE!
B. No, the teacher cannot be personally
liable because she is protected by
“qualified immunity.”
C. No, because teachers have the discretion
to exclude students from certain
activities.
D. This teacher needs to get a lawyer.
The Correct Answer is..
D. This teacher needs to get a lawyer.
And FAST!
Bullying and Personal Liability
• Can an individual teacher or administrator
be personally liable for bullying a student
with disabilities?
What Must We Do To Avoid
Liability?
• Maintain anti-bullying policies and programs in
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our school district.
Train staff to spot/stop bullying.
Take ALL reports of bullying/harassment
seriously.
Meet with parents and students to hear
complaints of bullying/harassment.
Investigate, interview, and document.
Punish the perpetrators (NOT the victim)!
Remember…
• School districts are NOT liable for ALL acts
of bullying or harassment.
• School districts are liable ONLY for acts of
bullying/harassment when they are aware
of this activity and fail to act reasonably.
• The law does not hold schools to a 100%
standard of perfection—you cannot ensure
that NO bullying or harassment will occur!
DESE Physical Restraint
Requirements
• Annual Review Requirement, for ALL staff
• District Restraint Policy and Procedures
– Alternative Strategies to Restraint
– Required Staff Training
– Trained Teams as Resources
– Types of Restraint and Related Safety Issues
– Required Reporting & Documentation
District Procedures
Physical Restraint
• Use reasonable force as necessary to protect a
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student or other persons from assault, or imminent
physical harm.
Only trained persons to administer restraint.
Staff submits written report by the next day.
Principal/Designee to inform parents.
Principal/Designee submits complaints about
restraint procedures to Director of Student Services.
When may Physical
Restraint be Necessary?
When other, non-physical, interventions
have been tried and failed or are judged to
be inadequate to the circumstances.
A student’s behavior poses a threat of
IMMINENT, SERIOUS, PHYSICAL
HARM to self and/or others.
Proper Administration of
Physical Restraint
• Have an adult witness if possible.
• Use only the amount of force necessary to
protect the student or others.
• Use the safest method. Do not use floor or
prone restraints unless you have received
in-depth training.
• Discontinue restraint as soon as possible.
Do NOT Use Physical Restraint
• When non-physical
interventions could be used.
• As a means of punishment.
Regulation 46.04(3)
• As a response to property
destruction, school disruption,
refusal to comply, or verbal
threats.
Key Reporting Requirements
• Report all restraints to principal.
• Log required for restraints over 5 minutes or in
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any case of an injury (to student or staff).
Notify School Administration:
– Notify school administration as soon as possible &
provide written report by the next school working
day.
• Notify Parents:
– The principal or designee notifies the parent, verbally
as soon as possible, and by written report.
Content of Written Report
• Who participated in the restraint?
– Observers?
– Who was informed and when?
• When did the restraint occur?
– (Date/Time)
• What was happening before, during, and after the
restraint?
– Describe alternative efforts attempted and the outcomes of
those efforts.
– Describe the restraint.
• Documentation of any injury to students or staff.
• Has the school taken, or will it take, any further actions,
including disciplinary consequences?
Special Circumstances
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For students with
disabilities (w/IEP’s or 504
plans), physical restraint
can be used for different
reasons (other than
danger) of reasons are
detailed and part of the IEP
or 504. Certain limits and
requirements will still apply.
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Parents may agree to
a waiver of reporting
requirements in individual
circumstances. However,
the school cannot require
parental consent to a
waiver.
Mc-Kinney Vento Act
Students in Transition
• Eligibility
– Student has lost permanent residence.
– Student has temporary residence (home/shelter).
• Homeless students may:
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Attend school in Hull.
Attend school in new community.
Receive free transportation to school.
Receive free breakfast and lunch.
Enroll immediately.
Be eligible for Title I services.
What is Homeless?
• Students who lack a fixed, regular and adequate
nighttime residence are considered homeless.
It may include students who:
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Live in shelters.
Live in hotels, campgrounds, parks, cars, public buildings.
Double up with friends or relatives.
Are awaiting foster care or abandoned in a hospital.
Are unaccompanied youth.
Are migratory.
McKinney Vento Act
Staff Responsibilities
• Notify principal if you become aware of a student
living in temporary residence.
• Principal will follow-up to verify eligibility for
services and to verify residency status.
Student Records & Confidentiality
• Authorized School Personnel
– School administrators, teachers, counselors and other
professional working directly with a students in an
administrative, teaching, counseling or diagnostic
capacity
– Administrative office staff and clerical personnel
– Evaluation Teams
Student Record
• Temporary Record – Kept 7 Years After Graduation
– Information in the records not contained in the
transcript.
• e.g., standardized test scores, extra-curricular
activities, special education records, evaluations by
teachers, counselors, and other staff.
• Transcript –Begins at H.S. – Kept 60 Years
– Minimum data necessary to reflect student’s educational
progress.
Access Log
• Used to track access to the student’s record.
• Authorized school personnel are not required to log
their access.
Student/Parent Access
• Parents (or students 14 or older) have access
to complete student records.
• Parents/students may also have school
records inspected by a third party.
• A third party must have written consent.
Additional Third Party Access
• Court order/lawfully issued subpoena
– School shall attempt to notify parent in advance
of compliance.
• First responders in emergency situations
• Any school to which a student plans to transfer
• Department of Children & Families (DCF) (51A)
Non-Custodial Parents
• Access Allowed UNLESS
– Parent has been denied legal custody or visitation
rights.
– Supervised visitation has been ordered based on a
threat to student’s safety.
– Access to student has been restricted by temporary or
permanent restraining order.
– A judge’s order prohibits distribution.
• Documents in student records will indicate limited or
restricted access.
“Sole Possession” Records
• Records kept “in sole possession of the maker”
are not considered part of educational records.
• Once these records are shared with others (via
email, for example,) they are considered
educational records.
Staff Reminders
Be sure to keep confidential information in a
secure location.
Do not discuss confidential information in a public
space (hallway, cafeteria, faculty room).
Do not use email to communicate confidential
information.
Great TOWN
Hull Pride
Great SCHOOLS