Student

Code of Conduct

Maine School Administrative District No. 9

Serving the communities of:

Chesterville

Farmington

Industry

New Sharon

New Vineyard

Temple

Vienna

Weld

Wilton

Maine School Administrative District No. 9 Adopted: August 27, 2002

CODE OF CONDUCT

Table of Contents

M.S.A.D. No. 9 Mission Statement Page 3

Introduction Page 4

The Statute Page 5

M.S.A.D. No. 9 Policies (addresses section F of the statute) Page 6

Special Education (addresses sections D & E of the statute) Page 34

Sharing Information (addresses section G of the statute) Page 38

Behavior Management Plans Page 45

(addresses sections A, B, C, & F of the statute)

Maine School Administrative District No. 9

Mission Statement

MSAD No. 9 is committed to providing a safe, nurturing, and accepting environment where students can explore and develop their creative and intellectual abilities. We shall educate students, promote their self-esteem, and encourage them to achieve their maximum potential.

Students will demonstrate the ability to solve problems and to be self directed life-long learners. As productive members of our society students will demonstrate recognition and acceptance of individual differences, and demonstrate compassion and ethical judgment.

Adopted: January 11, 1994

Maine School Administrative District No. 9

CODE OF CONDUCT

The first statement of the M.S.A.D. No. 9 Mission statement underscores our commitment “to providing a safe, nurturing, and accepting environment where students can explore and develop their creative and intellectual abilities.”

To that end, the Student Behavior Task Force was commissioned by Superintendent Michael Cormier in the spring of 1996 as a result of discussions among teachers, building administrators, support staff, parents, and other community members over rising concerns with regard to students’ behavior in school. Specifically, the task force was charged with “defining issues related to student behavior within the schools of M.S.A.D. No. 9” and to make recommendations to the Superintendent and administrative team to resolve those issues. The membership of the Task Force numbered over 60 individuals, more than half of which were parents and other members of the community.

The first recommendation of the Task Force was:

A comprehensive behavior management plan will be developed in each school to be completed by June 1997 and implemented no later than September 1997. This recommendation includes the following issues discussed by the task force: Accountability, Harassment, Conflict Resolution, School Bus Conduct, Parental Responsibility for Behavior Infractions, Safe Learning Environment, Student Engagement, Annual Assessment of Student Behavior, and School Handbooks.

This recommendation emphasizes our philosophy that managing student behavior is everyone’s responsibility in all areas of the school environment. All school personnel, including the custodians and lunch room staff, play a crucial role in establishing a safe learning environment.

The greatest effect of the Task Force, however, was to raise the awareness among all stakeholders of the issues surrounding student behavior and the negative effect inappropriate behavior has on the overall learning environment in our schools.

Each school has a Principal’s Advisory Council that meets regularly. These meetings have been used as one means of communicating and getting input concerning behavioral issues.

In addition to the recommendations of the Task Force, the elementary schools of the District, in conjunction with the Franklin County Children’s’ Task Force, implemented a Bullying & Teasing and Prevention Program this past September. A similar program is being reviewed for implementation in the Middle School next year. All schools in the district have a Student Assistance Team and the Middle and High Schools have Civil Rights Teams. All of these are tools in the quest to provide a safe, nurturing environment for our students

The next page contains the statute that requires school systems to develop and maintain a Code of Conduct. In the pages following that, we address each requirement of the statute.

Adoption of a Local Code of Conduct

The Statute

With input from educators, administrators, parents, students and community

members, each school board shall adopt a district-wide Student Code of Conduct consistent with the statewide standards for student behavior developed under section 254, subsection 11. The Student Code of Conduct must:

A. Define unacceptable student behavior;

B. Establish standards of student responsibility for behavior;

C. Prescribe consequences for violation of the Student Code of Conduct, including first-time violations, when appropriate;

D. Describe appropriate procedures for referring students in need of special services to those services;

E. Establish criteria to determine when further assessment of a current individual education plan is necessary, based on removal of the student from class;

F. Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and

G. Establish guidelines and criteria concerning the appropriate circumstances when the superintendent or the superintendent’s designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property.

The School Board is responsible for ensuring that school officials inform students, parents and community members of the student code of conduct.

- Maine Statutes, Title 20-A, Section 1001(15): Adoption of student code of conduct (enacted Public Law 1999, Chapter 351)

M.S.A.D. No. 9 Policies

Statute Reference:

The policies listed below are included on the following pages.

ACAA Student/Employee Harassment

ACAD Hazing

JFCI Chemical Health

JFCI-R Chemical Health Regulation

JI Student Rights and Responsibilities

JICC Student Conduct on School Busses

JICFA Student Hazing

JICG Student Tobacco Use

JICHA-E Breathalyzer Protocol Report Form

JICHA-R Breathalyzer - Regulation

JIHE-R Canine Drug Search (Mt. Blue High School)

JICI Weapons In School

JICI-R Weapons in School - Regulation

JK Student Discipline

JKB-R Detention of Students - Regulation

JKD Student Suspension and Expulsion

JKD-R Student suspension and Expulsion - Regulation

JKDA-R Student Suspension - Regulation

File: ACAA

STUDENT/EMPLOYEE/HARASSMENT POLICY

MSAD No. 9 recognizes the right of each student/employee to perform in an atmosphere which is free of intimidation, ridicule, hostility and offensiveness. In order to insure such an atmosphere, MSAD No. 9 students/employees should not engage in any form of harassment. Harassment is abuse based upon race, color, sex, religion, age, national origin or handicap. Acts of this nature are not only a violation of this policy but also constitute illegal discrimination under State and Federal laws.

Examples of prohibited harassment are:

1. Unwelcome sexual advances, gestures, comments or contact,

2. Threats which imply physical abuse or are inappropriate to an educational setting,

3. Offensive jokes,

4. Ridicule, slurs, derogatory action or remarks, and

5. Basing decisions on practice of submission to harassment.

6. Gang and gang-like behavior

Students/employees should also be advised of the importance of informing the harasser that his/her behavior is unwelcome, offensive, in poor taste, or highly inappropriate. However, if a student/employee feels uncomfortable with confronting the harasser, the student/employee is encouraged to inform the Affirmative Action Coordinator at the earliest opportunity. Students/employees who believe that they are victims of harassment, should report such occurrences to the Affirmative Action Coordinator. The Affirmative Action Coordinator shall advise the person who has allegedly been harassed of the various options available to the person: Title IX civil action; Human Rights Commission complaint; formal request for discipline by the MSAD No. 9 Superintendent and/or School Directors; or by filing an employee complaint under Title VII to the Directors of the United States Office of Civil Rights, Region 1, John McCormack POCH, Room 222, Boston, MA, 02109.

Appropriate information regarding harassment and recourse shall be posted in a prominent and accessible location in each workplace in the unit. Education and training shall take place as required by law for each new employee.

Adopted: July 12, 1983

Revised: 1992

Revised: January, 25, 1994

Reviewed: January 10, 2000

File: ACAD

HAZING

Maine statute defines injurious hazing as "any action or situation, including harassing behavior, that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in a public school."

It is the policy of the board that injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with this school unit, are inconsistent with the educational process and shall be prohibited at all times.

“Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member. The behavior may be physical (e.g., hitting), verbal (e.g., threats), or psychological (e.g. intimidation).

“Act of intimidation” include extortion; menacing; direct or indirect threats of violence; incidents of violence; bullying; statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person; and property damage or theft.

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

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

Administrators, faculty members, students, and all other employees who fail to abide by this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures.

In the case of an organization affiliated with this school unit which authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with the school unit.

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

The superintendent shall assume responsibility for administering this policy. In the event that an individual or organization disagrees with an action--or lack of action--on the part of the superintendent as he/she carries out the provisions of this policy, that individual or organization may appeal to the full Board of Directors. The ruling of the Board of Directors, with respect to the provisions of this policy, shall be final.

This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements.

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

Legal Reference: TITLE 20-A MRSA SEC. 6553.2

Cross Reference: ACAA - Student/Employee harassment Policy

JICI - Weapons in School

Adopted: March 14, 1995

Revised: December 14, 1999

Revised: December 11, 2001

File: JFCI

CHEMICAL HEALTH POLICY

The Board of Directors of Maine School Administrative District No. 9 recognizes that chemical abuse and/or emotional concerns may cause personal and professional problems. These problems may directly or indirectly affect the individual's performance either as a student or as a district employee.

It is the intent of the Board of Directors of MSAD No. 9 to assist the individual to get the help necessary to return or continue in their present capacity.

It is not the Board of Directors' nor the School Administrators' task to diagnose chemical abuse and/or emotional problems, but rather to make referral to such agencies or individuals who can make the diagnosis and recommend appropriate follow-up.

I. Employee Chemical and Emotional Health Policy

A. The Board of Directors recognizes that alcoholism/drug dependency and emotional/psychological problems are treatable and has a program to address these problems for the benefit of its employees.

B. The Board of Directors has a concern and a responsibility when an employee's alcoholism/drug dependency or emotional/psychological problems adversely impacts upon job performance.

C. Any person who suspects that they may have alcoholism/ drug dependency or emotional/psychological problems, even in the earliest stages, are encouraged to voluntarily seek diagnosis and follow through with treatment that may be prescribed by qualified professionals, in order to arrest the disorder as soon as possible.

D. Any person having alcoholism/drug dependency or emotional/psychological problems will receive the same consideration and offer of treatment that is presently extended under existing policy to all those who have any other adverse (health) conditions.

E. Benefits and insurance coverage shall be provided to employees for alcoholism/drug dependency or emotional/psychological disorders, as specified in current insurance policies.

F. This statement of policy specifically relates to the disease of chemical dependency (alcohol/drug) itself. The policy is designed solely to achieve restoration of full health to individuals whose job performance has been affected by chemical dependency.

G. It will be the responsibility of all MSAD No. 9 employees to implement the policy and to follow the procedures which have been designed to assure that no person with alcoholism/drug dependency or emotional/psychological problems will have either job security or promotional opportunities jeopardized by a request for diagnosis and/or treatment.

H. Neither supervisors nor other representatives have qualifications to diagnose chemical dependency or emotional problems. Therefore, referral will be based on job performance.

I. The records of individuals with chemical dependency or emotional disorders will be strictly confidential.

J. Any person getting assistance will be expected to meet existing job performance standards and established work rules.

K. All new staff will undergo "Here's Looking At You 2000" training or similar training during their first three years of employment. Other untrained staff are also strongly encouraged to receive the training.

II. Student Chemical Health Policy (Secondary/Elementary)

A. The Board of Directors of MSAD No. 9 recognizes that the use of mind-altering chemicals is a significant health problem for many students, resulting in negative effects on behavior, learning, and the total development of each individual. Student's use and abuse of alcohol and other drugs also affect the development of skills related to participation in extracurricular activities. Familial chemical dependency problems, likewise affect the learning of children and place them at high risk of developing chemical health problems.

B. Student health problems are primarily the responsibility of the parent or guardian. However, the school and community share in that responsibility because chemical health problems often affect learning and development.

C. It is the affected student's right to learn and the community's responsibility to provide programs and services that include guidance, counseling, support groups, education, and positive adult models that will insure a safe environment in which alcohol and other drug dependency cycle may be broken.

D. The Board of Directors support education and awareness activities for school personnel, students, and parents or guardians. These educational programs cover chemical use and abuse problems, including the symptomology of chemical dependency and related problems affecting students.

E. The Board of Directors believes that a chemical health policy should include: (1) firm standards and prohibitions about the use and distribution of chemicals and; (2) assurances to the students that the school will help them confront and overcome their chemical use and abuse problems.

F. Consequently the Board of Directors is committed to offering a comprehensive chemical health program that addresses primary, secondary, and tertiary prevention.

1. Primary prevention: includes, yet is not limited to, those activities that focus on chemical health education, self-esteem, chemical-free alternatives, decision-making, and coping skills.

2. Secondary prevention: addresses early intervention, referral, follow-up, and support services for students and families who may have chemical dependency or emotional problems.

3. Tertiary prevention: addresses students who are taking part in out-patient treatment or are returning for an in-patient experience. A program will be developed and implemented to meet the individual needs of each student working on recovery from emotional or dependency problems.

Adopted: January 10, 1989

Revised: November 23, 1993

Revised: August 12, 1997

File: JFCI-R

CHEMICAL HEALTH REGULATION

I. Administrative procedures related to employees:

A. In school or at school related functions use or possession of alcohol and/or other mood altering chemicals will result in:

1. First Offense - The administration will take the disciplinary action agreed to in the contractual agreement and police notified, if necessary.

2. Second Offense - In the event of a second policy violation, the employee will have to prove his/her ability to follow district policy. Steps leading to dismissal if compliance is not completed may be expected.

B. Distribution of alcohol or other mood altering drugs:

1. Verification

2. Suspension

Suspension will remain in force until resolution of the incident which may lead to dismissal

3. Police notified, if appropriate

II. Procedures related to students:

A. Rules:

1. In school or at school-related functions, a student shall not use, possess, or distribute alcohol, marijuana or other substances defined by law as a drug or a look-alike drug. Drug paraphernalia that includes any device which may facilitate the use of drugs will be considered and treated with the same penalties as possession or use as described elsewhere in district policy and regulation.

2. It is not a violation for a student to be in possession of a legally defined drug specifically prescribed for the student's own use by his/her doctor. Students must leave the prescription with the office or school nurse for safe keeping.

3. This policy is designed to deal with use and possession within the normal school milieu. The extra-curricular and athletic policy addresses concerns that occur outside of this policy.

4. If there is a medical emergency, proper referral for medical attention is to be made. Disciplinary action will take place when the student is ready.

B. Role of school staff:

1. Disciplinary Action - Any staff member who has reasonable basis to suspect any student of possession, use or selling to another student of a prohibited substance has the responsibility to:

a) Take whatever immediate action may be necessary to secure the health and safety of the involved student(s).

b) Report the case immediately to the proper administrator.