School Policies

Discrimination

Sample 1 – Four

The Four Rivers Charter Public School does not discriminate in admission to, access to, treatment in, or employment in its services, programs and activities, on the basis of race, color, or national origin, in accordance with Title VI of the Civil Rights Act of 1964 (Title VI); on the basis of sex, in accordance with Title IX of the Education Amendments of 1972; on the basis of disability, in accordance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (ADA); or on the basis of age, in accordance with the Age Discrimination Act of 1974 (Age Discrimination Act), or on the basis of sexual orientation or religion in accordance with Massachusetts General Laws Chapter 76, Section 5.

 

If you have any questions, complaints or need any information regarding any of the above named Titles, please contact the Coordinator as follows: Title IX, Title VI, and ADA, Sexual Harassment Coordinator is:

 

    • Edward Blatchford, Executive Director
    • Four Rivers Charter Public School
    • Colrain Road, Greenfield, MA 01301
    • xxx-xxx-xxxx

 

The 504 Coordinator is:

 

    • Peter Garbus, Principal
    • Four Rivers Charter Public School
    • Colrain Road, Greenfield, MA 01301
    • xxx-xxx-xxxx

 

Sample 2 – NHCS

NHCS does not discriminate in admission to, access to, treatment in, or employment in its services, programs, and activities, on the basis of race, color, or national origin, in accordance with Title VI of the Civil Rights Act of 1964 (Title VI); on the basis of gender, in accordance with Title IX of the Educational Amendments of 1972; on the basis of disability, in accordance with Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (ADA); or on the basis of age, in accordance with the Age Discrimination in Employment Act of 1974 (ADEA).

 

In addition, no person shall be discriminated against in admission to NHCS on the basis of race, gender, religion, national origin, sexual orientation, mental or physical disability, age, proficiency in the English Language or a foreign language, or prior academic achievement, as required by M.G.L. c.71, §89(l); 603 CMR 1.06(1).

 

Finally, no person shall be discriminated against in obtaining the advantages, privileges, or access to the courses of study offered by NHCS on the basis of race, gender, color, religion, national origin, or sexual orientation as required by M.G.L. c. 76, §5.

 

The following individuals have been designated to serve as appointed coordinators. If you feel that you or your child has been discriminated against, please contact the following coordinators in writing.

 

Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, Title II of the Americans with

Disabilities Act of 1990, and the Age Discrimination in Employment Act of 1974:

 

    • Kevin Andrews, Headmaster
    • 21 Queen Street
    • Dorchester, MA 02122
    • xxx-xxx-xxxx

 

Section 504 Coordinator and Homeless Liaison:

 

    • Ellie Rounds, Dean of Special Education and Student Support
    • 21 Queen Street
    • Dorchester, MA 02122
    • xxx-xxx-xxxx

 

Harassment

Sample 1 – Four

Four Rivers Charter School is committed to maintaining a school and work environment free of harassment of any kind, including harassment based on gender, race, color, religion, national origin, age, sexual orientation, or disability. The Four Rivers Charter Public School expects all employees and members of the school community (Board of Trustees, parents, staff, students and volunteers) to conduct themselves in an appropriate and professional manner with concern for their fellow employees and students.

 

Harassment in any form will not be tolerated. Harassment may include but not be limited to:

 

    • repeated or persistent offensive remarks
    • intimidation for favors
    • overt threats or demands
    • unwanted physical contact
    • display or circulation of written materials or pictures of a derogatory nature.

 

Any violation of this harassment policy should be brought to the attention of the Executive Director, or, in the case of a student, to a classroom teacher or the school nurse; the teacher or nurse should then report it to the Executive Director promptly. In the case of an employee or a school community member, violations should be brought to the attention of the Executive Director. In the case of an alleged impropriety on the part of the Executive Director, a report shall be made to the President of the Board of Trustees. Upon such notice, an investigation will be completed and appropriate action will be taken.

 

Any employee or member of the school community found to have engaged in harassment shall be subject to sanctions including, but not limited to, a warning, suspension, or expulsion for students, and a warning, suspension, or termination of employment for staff.

 

Under certain circumstances, harassment (particularly sexual harassment) may constitute child abuse under Massachusetts law G.L. c. 119, 51A. Four Rivers Charter Public School shall comply with Massachusetts laws in reporting suspected cases of child abuse.

 

Sample 2 – Excel

Excel Academy Charter School is committed to maintaining a school environment free of harassment based on race, color, religion, national origin, age, gender, sexual orientation, or disability. Harassment by administrators, certified and support personnel, students, vendors and other individuals at school or at school sponsored events is unlawful and is strictly prohibited. Excel Academy Charter School requires all employees and students to conduct themselves in an appropriate manner with respect to their fellow employees, students and all members of the school community.

 

Definition of Harassment – General - Harassment includes communications such as jokes, comments, innuendoes, notes, display of pictures or symbols, gestures, or other conduct that offends or shows disrespect to others based upon race, color, religion, national origin, age, gender, sexual orientation, or disability.

 

By law, what constitutes harassment is determined from the perspective of a reasonable person with the characteristic on which the harassment is based. What one person may consider acceptable behavior may reasonably be viewed as harassment by another person. Therefore, individuals should consider how their words and actions might reasonably be viewed by other individuals. It is also important for individuals to make it clear to others when a particular behavior or communication is unwelcome, intimidating, hostile or offensive.

 

Sexual Harassment - While all types of harassment are prohibited, sexual harassment requires particular attention. Sexual harassment includes sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature when:

 

    • Acceptance of or submission to such conduct is made either explicitly or implicitly a term or condition of employment or education.
    • The individual's response to such conduct is used as a basis for employment decisions affecting an employee or as a basis for educational, disciplinary, or other decisions affecting a student.
    • Such conduct interferes with an individual's job duties, education or participation in extra curricular activities.
    • The conduct creates an intimidating, hostile or offensive work or school environment.

 

Harassment and Retaliation Prohibited - Harassment in any form or for any reason is absolutely forbidden. This includes harassment by teachers, administrators, certified and support personnel, students, vendors and other individuals in school or at school related events. In addition, retaliation against any individual who has brought harassment or other inappropriate behavior to the attention of the school or who has cooperated in an investigation of a complaint under this policy is unlawful and will not be tolerated by Excel Academy Charter School.

 

Persons who engage in harassment or retaliation may be subject to disciplinary action, including, but not limited to reprimand, suspension, termination/expulsion or other sanctions as determined by the school administration and/or Board of Trustees, subject to applicable procedural requirements.

 

Hazing

Sample 1 – Abby

Massachusetts General Laws Chapter 269:

 

Section Seventeen (17) Hazing; organizing or participating; hazing defined - Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.

The term “hazing’’ as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation. Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.

 

Section Eighteen (18) Failure to report hazing - Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.

 

In addition to above cited penalties, students engaged in the act of hazing will be subject to detention, suspension and/or expulsion.

 

Section Nineteen (19) Issuance to students and student groups, teams and organizations; Report - Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.

 

Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.

 

Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.

 

Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the board of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.

 

Physical Restraint

Sample 1 – NHCS

As outlined in 603 CMR 46.00, physical restraint MAY be used at Neighborhood House Charter School under certain emergency conditions:

 

    • When other non-physical interventions have been tried and failed or are judged to be inadequate to the circumstances -and-
    • A student’s behavior poses a threat of IMMINENT, SERIOUS, PHYSICAL HARM to self and/or others.

 

All procedures surrounding Neighborhood House Charter School’s implementation of restraint follow the guidelines outlined in regulation 603 CMR 46.00. For further information, visit:

 

Sample 2 – Excel

Excel Academy Charter School maintains a strict Code of Conduct and clear disciplinary procedures. These procedures do not allow for corporal punishment but rather include a clear set of consequences including demerits, detentions, loss of privileges, suspensions, and expulsions.

 

In accordance with M.G.L. sect. 37G, corporal punishment of pupils is prohibited. School personnel can use reasonable force as is necessary to protect pupils, other persons, and themselves from an assault by a pupil. When such an assault has occurred, the Principal shall file a detailed report of such with the school board. All personnel authorized to administer any forms of restraint shall be trained annually in accordance with Department of Education guidelines.

 

Sample 3 – Abby

Under current law, the Massachusetts Department of Education established regulations governing the use of physical restraints on students. The Abby Kelley Foster Charter Public School is required to follow the provisions of 603 CMR 46.00 which regulates the use of physical restraint on students in Massachusetts public school districts, charter schools, educational collaboratives and special education schools. The purpose of this policy is to ensure that all students enrolled at the Abby Kelley Foster Charter Public School are free from unreasonable use of physical restraint. An intervention is used only in emergency situations after other less intensive alternatives have failed or have been deemed inappropriate. Physical restraint should be administered only when needed to protect a student or other students and staff from imminent, serious physical harm. Physical restraint should be administered in the least intrusive manner possible and should be used to prevent or minimize harm to the student. Abby Kelley Foster Charter Public School personnel shall use physical restraint with two goals in mind:

 

    • To administer a physical restraint only when needed to protect a student and/or a member of the School community from imminent, serious, physical harm; and
    • To prevent or minimize any harm to the student as a result of the use of physical restraint.

 

At the beginning of each school year, the Superintendent is required to identify program staff to be responsible for administering proper physical restraint procedures. These individuals will participate in in-depth training in the use of physical restraint and appropriate de-escalation methods. In addition, the Superintendent shall arrange a time for staff members to receive training with regard to the restraint policy within the first month of the school year and for employees hired after the school year begins, within a month of their employment.

 

Education Laws and Regulations 603 CMR 46.00: Physical Restraint

46.01: Authority, Scope, Purpose and Construction

 

    • Authority. 603 CMR 46.00 is promulgated by the Board of Education pursuant to M.G.L. c. 69, § 1B, and c. 71, § 37G.
    • Scope. 603 CMR 46.00 governs the use of physical restraint on students in publicly funded elementary and secondary education programs, including all Massachusetts public school districts, charter schools, collaborative education programs and special education schools approved under 603 CMR 28.09, except as provided in 603 CMR 18.05(5)(h). Educational programs in facilities operated by the Department of Youth Services shall comply with the restraint requirements of 102 CMR 3.00.
    • Purpose. The purpose of 603 CMR 46.00 is to ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint. Physical restraint shall be used only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate, and with extreme caution. School personnel shall use physical restraint with two goals in mind:
      • To administer a physical restraint only when needed to protect a student and/or a member of the School community from imminent, serious, physical harm; and
      • To prevent or minimize any harm to the student as a result of the use of physical restraint.
    • Construction. Nothing in 603 CMR 46.00 shall be construed to limit the protection afforded publicly funded students under other state or federal laws, including those laws that provide for the rights of students who have been found eligible to receive special education services. Nothing in 603 CMR 46.00 precludes any teacher, employee or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm.

 

46.02: Definitions

As used in 603 CMR 46.00, the following terms shall have the following meanings:

 

    • Extended restraint: A physical restraint the duration of which is more than twenty (20) minutes. Extended restraints increase the risk of injury and, therefore, require additional written documentation as described in 603 CMR 46.06.
    • Physical escort: Touching or holding a student without the use of force for the purpose of directing the student.
    • Physical restraint: The use of bodily force to limit a student’s freedom of movement.
    • Public education programs: Public schools, including charter schools, collaborative education programs, special education schools approved under 603 CMR 28.09, except as provided in 603 CMR 18.05(5)(h), and school events and activities sponsored by such programs.
    • Restraint - Other: Limiting the physical freedom of an individual student by mechanical means or seclusion in a limited space or location, or temporarily controlling the behavior of a student by chemical means. The use of chemical or mechanical restraint is prohibited unless explicitly authorized by a physician and approved in writing by the parent or guardian. The use of seclusion restraint is prohibited in public education programs.
      • Mechanical Restraint: The use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered mechanical restraint.
      • Seclusion Restraint: Physically confining a student alone in a room or limited space without access to school staff. The use of “time out” procedures during which a staff member remains accessible to the student shall not be considered “seclusion restraint.”
      • Chemical restraint: The administration of medication for the purpose of restraint.
      • School Working Day: Any day or partial day that students are in attendance at the public education program for instructional purposes.

 

46.03: Procedures and Training

 

    • Procedures. Public education programs shall develop written procedures regarding appropriate responses to student behavior that may require immediate intervention. Such procedures shall be annually reviewed and provided to school staff and made available to parents of enrolled students. Such procedures shall include, but not be limited to:
      • Methods for preventing student violence, self-injurious behavior, and suicide, including de-escalation of potentially dangerous behavior occurring among groups of students or with an individual student;
      • A school policy regarding restraint that provides a description and explanation of the school’s or program’s method of physical restraint, a description of the school’s or program’s training requirements, reporting requirements and follow-up procedures, and a procedure for receiving and investigating complaints regarding restraint practices.
    • Required training for all staff. Each principal or director shall determine a time and method to provide all program staff with training regarding the school’s restraint policy. Such training shall occur within the first month of each school year and, for employees hired after the school year begins, within a month of their employment. Training shall include information on the following:
      • The program’s restraint policy;
      • Interventions that may preclude the need for restraint, including de-escalation of problematic behaviors;
      • Types of restraints and related safety considerations, including information regarding the increased risk of injury to a student when an extended restraint is used;
      • Administering physical restraint in accordance with known medical or psychological limitations and/or behavioral intervention plans applicable to an individual student; and
      • Identification of program staff who have received in-depth training pursuant to 603 CMR 46.03(3) in the use of physical restraint.
    • In-depth staff training in the use of physical restraint. At the beginning of each school year, the principal or director of each public education program or his or her designee shall identify program staff that are authorized to serve as a school -wide resource to assist in ensuring proper administration of physical restraint. Such staff shall participate in in-depth training in the use of physical restraint. The Department of Education recommends that such training be at least sixteen (16) hours in length.
    • Content of in-depth training. In-depth training in the proper administration of physical restraint shall include, but not be limited to:
      • Appropriate procedures for preventing the need for physical restraint, including the de-escalation of problematic behavior, relationship building and the use of alternatives to restraint;
      • A description and identification of dangerous behaviors on the part of students that may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations in order to determine whether the use of restraint is warranted;
      • The simulated experience of administering and receiving physical restraint, instruction regarding the effect(s) on the person restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance;
      • Instruction regarding documentation and reporting requirements and investigation of injuries and complaints; and
      • Demonstration by participants of proficiency in administering physical restraint.

 

46.04: Determining When Physical Restraint May Be Used

 

    • Use of restraint. Physical restraint may be used only in the following circumstances:
      • Non-physical interventions would not be effective; and
      • The student’s behavior poses a threat of imminent, serious, physical harm to self and/or others.
    • Limitations on use of restraint. Physical restraint in a public education program shall be limited to the use of such reasonable force as is necessary to protect a student or another member of the school community from assault or imminent, serious, physical harm.
    • Prohibitions. Physical restraint is prohibited in the following circumstances:
      • As a means of punishment; or
      • As a response to property destruction, disruption of school order, a student’s refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious, physical harm.
    • Referral to law enforcement or other state agencies. Nothing in these regulations prohibits:
      • The right of any individual to report to appropriate authorities a crime committed by a student or other individual;
      • Law enforcement, judicial authorities or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk; or
      • The exercise of an individual’s responsibilities as a mandated reporter pursuant to MGL c. 119, § 51A. These regulations shall not be used to deter any individual from reporting neglect or abuse to the appropriate state agency.

 

46.05: Proper Administration of Physical Restraint

 

    • Trained personnel. Only school personnel who have received training pursuant to 603 CMR 46.03(2) or 603 CMR 46.03(3) shall administer physical restraint on students. Whenever possible, the administration of a restraint shall be witnessed by at least one adult who does not participate in the restraint. The training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm.
    • Use of force. A person administering a physical restraint shall use only the amount of force necessary to protect the student or others from physical injury or harm.
    • Safest method. A person administering physical restraint shall use the safest method available and appropriate to the situation subject to the safety requirements set forth in 603 CMR 46.05(5). Floor or prone restraints shall be prohibited unless the staff member administering the restraint has received in-depth training according to the requirements of 603 CMR 46.03(3) and, in the judgment of the trained staff member, such method is required to provide safety for the student or others present.
    • Duration of restraint. A person administering physical restraint shall discontinue such restraint as soon as possible. If, due to unusual circumstances, a restraint continues for more than twenty (20) minutes, it shall be considered an “extended restraint” for purposes of the reporting requirements in 603 CMR 46.06.
    • Safety requirements. Additional requirements for the use of physical restraint:
      • No restraint shall be administered in such a way that the student is prevented from breathing or speaking. During the administration of a restraint, a staff member shall continuously monitor the physical status of the student, including skin color and respiration. A restraint shall be released immediately upon a determination by the staff member administering the restraint that the student is no longer at risk of causing imminent physical harm to him or herself or others.
      • Restraint shall be administered in such a way so as to prevent or minimize physical harm. If, at any time during a physical restraint, the student demonstrates significant physical distress, the student shall be released from the restraint immediately, and school staff shall take steps to seek medical assistance.
      • Program staff shall review and consider any known medical or psychological limitations and/or behavioral intervention plans regarding the use of physical restraint on an individual student.
      • Following the release of a student from a restraint, the program shall implement follow-up procedures. These procedures shall include reviewing the incident with the student to address the behavior that precipitated the restraint, reviewing the incident with the staff person(s) who administered the restraint to discuss whether proper restraint procedures were followed, and consideration of whether any follow-up is appropriate for students who witnessed the incident.

 

46.06: Reporting Requirements

 

    • Circumstances under which a physical restraint must be reported. Program staff shall report the use of physical restraint as specified in 603 CMR 46.06(2) after administration of a physical restraint that results in any injury to a student or staff member, or any physical restraint of a duration longer than five minutes
    • Informing school administration. The program staff member who administered the restraint shall verbally inform the program administration of the restraint as soon as possible and by written report no later than the next school working day. The written report shall be provided to the principal or director of the program or his/her designee, except that the principal or director shall prepare the report if the principal or director has administered the restraint. The principal or director or his/her designee shall maintain an on-going record of all reported instances of physical restraint, which shall be made available for review by the Department of Education, upon request.
    • Informing parents. The principal or director of the program or his/her designee shall verbally inform the student’s parents or guardians of the restraint as soon as possible, and by written report postmarked no later than three school working days following the use of restraint. If the school or program customarily provides a parent or guardian of a student with report cards and other necessary school-related information in a language other than English, the written restraint report shall be provided to the parent or guardian in that language.
    • Contents of report. The written report required by 603 CMR 46.06(2) and (3) shall include:
      • The names and job titles of the staff who administered the restraint, and observers, if any; the date of the restraint; the time the restraint began and ended; and the name of the administrator who was verbally informed following the restraint.
      • A description of the activity in which the restrained student and other students and staff in the same room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that prompted the restraint; the efforts made to de-escalate the situation; alternatives to restraint that were attempted; and the justification for initiating physical restraint.
      • A description of the administration of the restraint including the holds used and reasons such holds were necessary; the student’s behavior and reactions during the restraint; how the restraint ended; and documentation of injury to the student and/or staff, if any, during the restraint and any medical care provided.
      • For extended restraints, the written report shall describe the alternatives to extended restraint that were attempted, the outcome of those efforts and the justification for administering the extended restraint.
      • Information regarding any further action(s) that the school has taken or may take, including any disciplinary sanctions that may be imposed on the student.
      • Information regarding opportunities for the student’s parents or guardians to discuss with school officials the administration of the restraint, any disciplinary sanctions that may be imposed on the student and/or any other related matter.
    • Report to the Department of Education. When a restraint has resulted in a serious injury to a student or program staff member or when an extended restraint has been administered, the program shall provide a copy of the written report required by 603 CMR 46.06(4) to the Department of Education within five school working days of the administration of the restraint. The program shall also provide the Department with a copy of the record of physical restraints maintained by the program administrator pursuant to 603 CMR 46.06(2) for the thirty day period prior to the date of the reported restraint. The Department shall determine if additional action on the part of the public education program is warranted and, if so, shall notify the public education program of any required actions within thirty calendar days of receipt of the required written report(s).

 

46.07: Special Circumstances

 

    • Special Circumstances - Students with Disabilities. Restraint administered to a student with a disability pursuant to an Individualized Education Plan (“IEP”) or other written plan developed in accordance with state and federal law to which the public education program and the student’s parent or guardian have agreed shall be deemed to meet the requirements of 603 CMR 46.00, except that the limitations on chemical, mechanical, and seclusion restraint set forth in 603 CMR 46.02(5), the training requirements set forth in 603 CMR 46.03, and the reporting requirements set forth in 603 CMR 46.06 shall apply.
    • Special Circumstances - Individual Waiver of Reporting Requirements. Public education programs may seek a parent’s or guardian’s consent to waive the reporting requirements of 603 CMR 46.06 for restraints administered to an individual student that do not result in serious injury to the student or a program staff member and do not constitute extended restraint. Extended restraints and restraints that result in serious injury to a student or program staff member must be reported in accordance with the requirements of 603 CMR 46.06, regardless of any individual waiver to which the parent or guardian may have consented. Individual waivers should be sought only for students who present a high risk of frequent, dangerous behavior that may require the frequent use of restraint.
    • Limitations on individual waivers.
      • A public education program may not require a parent’s consent to such a waiver as a condition of admission or provision of services.
      • A parent may withdraw consent to such waiver at any time without penalty.
    • Individual Waiver - documentation required. The program shall maintain the following documentation on site in the student’s file and shall make such documentation available for inspection by the Department of Education at its request at any time:
      • The informed written consent of the parent or guardian to the waiver, which shall specify those reporting requirements(s) in 603 CMR 46.06(1)-(4) that the parent or guardian agrees to waive; and
      • Specific information regarding when and how the parent or guardian will be informed regarding the administration of all restraints to the individual student.
    • Prohibition on Program or Classroom Waivers: Nothing herein shall be construed to allow a program or classroom to receive an exemption or waiver from any of the requirements of 603 CMR 46.00 on behalf of all of the students enrolled in a particular program or classroom.

 

Students with Disabilities - Restraint administered to a student with a disability pursuant to an Individualized Education Plan (IEP) or other written plan developed in accordance with state and federal law to which the school system and the parent/ guardian have agreed shall be deemed to meet the requirements of 603 CMR 46.00 except that the reporting requirements noted herein shall apply.

 

If you have any questions or concerns regarding this policy or Massachusetts regulations, please contact the Principal/assistant principal xxx-xxx-xxxx.

 

 

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