Good Afternoon Students, Parents, and Community Members:
We hope that everyone enjoyed a fun, safe, and relaxing summer. We are excited to welcome back our staff and students next week! Our campus has been cleaned by our facilities crew and student workers, so please continue to treat our facilities with care. All students have access to their schedules via PowerSchool as well as the BUS ROUTES have been updated on our website. Please click here to access your bus routes. Most freshmen received their schedules at Freshman Academy or Orientation this past Monday. Please check your PowerSchool regularly as we are still making minor adjustments to schedules. Lastly, the first day of school for students is Wednesday, August 31st. Please report to the gym for our welcome back assembly.
Bristol Aggie Education Foundation: The event is back! The Bristol Aggie Education Foundation, Inc. is hosting their 4th Farm to Table Feast. This premier fundraising event has raised over $100,000 which has been used to support staff and student initiatives within the school and provide start-up grants for student driven agri-businesses. We look forward to this year’s event with even more enthusiasm as we aim to improve our fundraising efforts. Join us on Bristol Aggie's picturesque campus and enjoy a dinner prepared using locally sourced ingredients including some raised by Bristol Aggie students. The menu will feature delicious recipes from Janice Dey of The Westporter. Dance under the stars to live music. You do not want to miss the live auction and raffle! Click here for tickets.
Bus Form Verification: On Thursday, we sent out an email to ALL families regarding transportation. This year we are sending along your designated bus routes on the attached form. The form is pre-filled out with your name and bus location. If your bus form is accurate, your child will sign off "No change requested" on it on the first day of school. Here is what we are requesting from students and parents:
Read the attached form and verify the bus stop
Have a conversation with the student/parent regarding the stop.
Determine if the stop is at an approximate location within 1 mile of the listed address. Please understand, we cover over 500 square miles and cannot accommodate personal stops.
Make note of the decision with your child
On the first day of school, teachers will pass out printed forms to each student. If you/your child request a different stop (Step 3 above), please refer to your notes (Step 4 above) so your child can request the change and you will annotate that change on the first day of school.
Do not send the form ahead of time, as all students will complete this task on the first day of school.
Freshman Parent Orientation: We wanted to thank all of the parents and students who joined us in our Virtual Freshman Parent Orientation on Monday, August 22nd. We had over 170 guests in attendance. If you were not able to attend, we did record the meeting, which you can view here. Thank you and we look forward to a successful four years at Bristol Aggie!
Freshman Parent Orientation: On Monday, we welcomed approximately 35 families who have not been on campus. We conducted a mini orientation and went virtual in the evening to discuss our expectations with all families! #BAPride
Updated DESE Guidance: The Department of Education released updated COVID-19 Fall guidance, and the highlights are below. Click here for the full memo that was released last week.
DESE and DPH issued a joint memo with COVID information for the upcoming school year aligned with the new CDC guidance released last week. This upcoming school year, districts and schools should focus their COVID mitigation strategies towards vulnerable and symptomatic individuals, while minimizing the need for more restrictive districtwide COVID policies.
The Commonwealth is not recommending universal mask requirements, surveillance testing of asymptomatic individuals, contact tracing, or test-to-stay testing in schools. Districts and schools are reminded that there is no longer any statewide masking mandate in schools (other than school health offices) and there is no testing requirement for schools. As always, any individual who wishes to continue to mask, including those who face higher risk from COVID19, should be supported in that choice. We concluded our statewide testing program in the spring and have provided schools and districts with information about how they can purchase face masks and testing kits, if they choose to do so. DESE will continue to support school districts throughout the year with our Rapid Response Call-in Center (781-338-3500) with any questions or concerns.
Isolation and Exposure Precautions
“Effective August 15, 2022, all students and staff in childcare, school in grades K-12, or participating in out-of-school time (OST) and recreational camp settings should follow the updated isolation and exposure guidance issued by DPH, in alignment with recently issued guidance from CDC. No asymptomatic person should be excluded from school as a result of exposure, regardless of vaccination status or exposure setting. As a reminder, contact tracing is no longer recommended statewide in K-12 schools.”
Stay Connected! Stay Informed!
We continue to encourage families to stay connected with the Bristol Aggie community. The Bristol Aggie Blog, allows students, parents, staff, and community members to stay informed of what is happening at Bristol Aggie. You can sign up for daily emails to ensure you don’t miss anything! You can also view the calendar feature which lists all the events that are happening at BA daily. We continue to believe that “It takes a village” to support a child and we want you to stay connected and please inform us of any information that would benefit your child. If you have any questions, please do not hesitate to reach out to Mr. Braga (KBraga@bcahs.com).
Welcome Aboard!: We have had the opportunity to hire a few new members to our staff. Below is a short bio on each new member of the Bristol Aggie family.
Ms. Sylvia getting acquainted with our dairy cows
Name: Ms. Beth Sylvia
Position: Assistant Principal
High School: Fairhaven High School (1998)
College: UMass Dartmouth- 2003 BA Literature and UMass Dartmouth- 2017 MAT
Hobbies: My hobbies and passions are taking care of my chickens and keeping my three energetic sons busy. I enjoy reading, cooking, and gardening.
What is the 1 thing you want your students to know about you?
I want my students to know that I am here to support them.
What is 1 thing you want your parents/community to know about you?
I would like the parents and community to know that I will help their students grow in their reading and writing abilities and am here with an open mind.
What are you most excited about for the 2022-2023 school year?
Excited about new opportunities and cooler weather :)
Name: Mr. Brian Higgins
Position: Math Teacher
High School: Taunton High School (2005)
College: Bridgewater State University (2013)
Hobbies: My hobbies and passions are being with my wife, son, daughter, and our dog Steve. And doing anything and everything outdoors!
What is the 1 thing you want your students to know about you?
I want my students to know that I am here to support them.
What is 1 thing you want your parents/community to know about you?
I would like the parents and community to know that I plan on making math class fun and engaging!
What are you most excited about for the 2022-2023 school year?
I am extremely excited to get back into the math classroom, and to start helping students realize that Math is for everyone.
Hello Students,
If you are looking for a job this year I may have just what you are looking for. I have included the Student Employment Opportunities folder link for you to check out. Save this link so that you will be able to see when new employment opportunities have been added.
Are you looking for ways to help teachers?: This week, we were notified that Mrs. Hopkins (our new science teacher) was the recipient of a grant from Donors Choose. Anatomy and Physiology students will delve deeper into their study of the human body this year by studying histology (the study of tissues). As we learn about the body's systems and organs, we'll also take a look at the microscopic structures that keep our bodies functioning and discuss the diseases that occur when cells go awry.
Completing a histological survey of the body gives students a deeper appreciation of the complexity of living organisms. Additionally, my aspiring scientists have the opportunity to develop proficiency operating a microscope to be college-ready!
The BCAHS Science Department will receive an assortment of mammalian slides (class sets of 12 bone, blood, skin, neurons, trachea and adipose slides) through generous contributions through Donors Choose.
If you are interested in donating to any of our teachers,, you can do so through the platform, Donors Choose. See below for some of our current teacher fundraising opportunities.
To donate to Ms. Bouley’s project, click here.
Student Worker Appreciation Luncheon: At the end of each summer our Foreman put on a BBQ for the student workers to demonstrate their appreciation for their hard work to maintain our campus. #BAPride
2022 STUDENT HANDBOOK CHANGES
School Council Handbook Updates/Changes
Blue= Added Text
RED= Deleted Text
Black=New section to be added
Updating GPA to reflect AP Courses(Page 15)
Updated Course listings(Page14)
Updated Bullying Intervention Plan(Page 42)
Added Level III Offense for Skipping School(Page78)
Added Language for NONViolent Physical Crisis Intervention (Page98)
Added Progressive Discipline: The Progressive Steps Program to Student Discipline Section(Page 73)
Added Notice of Suspension and Hearing- MGL 37H ¾ MGL 603 CMR 53.06(page 85)
Added Principal’s Hearing MGL 37H ¾ - MGL 53.08(page 86)
Added Superintendent’s Hearing- MGL 37H ¾ -MGL 53.09(page 88)
Added MGL Chapter 71, Section 37H ¾(Page 89)
Added MGL Chapter 71, Section 37H ½(Page 91)
Added Language from 603 CMR 28.06(3)(Page98)
Added Athletic Language (Page 99)
Updating GPA to reflect AP Courses(Page 15)
Updated Bullying intervention Plan(P42)
V. POLICIES AND PROCEDURES FOR REPORTING AND RESPONDING TO BULLYING AND RETALIATION
To support efforts to respond promptly and effectively to bullying and retaliation, policies and procedures for receiving and responding to reports of bullying or retaliation have been put in place. Policies and procedures will ensure that members of the school community – students, parents, and staff – know what will happen when incidents of bullying occur. Detailed procedures for staff reporting of incidents, processes for communicating to students and families how reports can be made (including anonymous reports), and procedures to be followed by the principal or designee once a report is made, are all outlined within the plan. Appendices A (Reporting Form) and B (Flow Chart following a filing) provide a clear outline for response protocols and protocols following the filing of a report.
Reporting bullying or retaliation. Reports of bullying or retaliation may be made by staff, students, parents or guardians, or others, and may be oral or written. The Incident Reporting Form is recommended. Oral reports made by or to a staff member shall be recorded in writing. A school or district staff member is required to report immediately to the principal or designee any instance of bullying or retaliation the staff member becomes aware of or witnesses. Reports made by students, parents or guardians, or other individuals who are not school or district staff members, may be made anonymously if necessary, but an identified reporter is preferred. The school or district will make a variety of reporting resources available to the school community including, but not limited to, an Incident Reporting Form, a voicemail box, a dedicated mailing address, and an email address.
Use of an Incident Reporting Form is not required as a condition of making a report, but is the preferred method for reporting. The school will: 1) include a copy of the Incident Reporting Form in the beginning of the year packets for students and parents or guardians; 2) make it available in the school’s main office, the counseling office, the school nurse's office, and other locations determined by the principal or designee; and 3) post it on the school’s website. The Incident Reporting Form will be made available in the most prevalent language(s) of origin of students and parents or guardians.
At the beginning of each school year, the school or district will provide the school community, including administrators, staff, students, and parents or guardians, with written notice of its policies for reporting acts of bullying and retaliation. A description of the reporting procedures and resources, including the name and contact information of the principal or designee, will be incorporated in student and staff handbooks, on the school or district website, and in information about the Plan that is made available to parents or guardians.
1. Reporting by Staff
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.
Reporting by Students, Parents or Guardians, and Others
The school or district expects students, parents or guardians, and others who witness or become aware of an instance of bullying or retaliation involving a student to report it to the principal or designee. Reports may be made anonymously, but no disciplinary action will be taken against an alleged aggressor solely on the basis of an anonymous report. Students, parents or guardians, and others may request assistance from a staff member to complete a written report. Students will be provided practical, safe, private and age-appropriate ways to report and discuss an incident of bullying with a staff member, or with the principal or designee.
Responding to a report of bullying or retaliation.
1. Safety
Before fully investigating the allegations of bullying or retaliation, the principal or designee will take steps to assess the need to restore a sense of safety to the alleged target and/or to protect the alleged target from possible further incidents. Responses to promote safety may include, but not be limited to, creating a personal safety plan; pre-determining seating arrangements for the target and/or the aggressor in the classroom, at lunch, or on the bus; identifying a staff member who will act as a “safe person” for the target; and altering the aggressor’s schedule and access to the target. The principal or designee will take additional steps to promote safety during the course of and after the investigation, as necessary.
The principal or designee will implement appropriate strategies for protecting from bullying or retaliation a student who has reported bullying or retaliation, a student who has witnessed bullying or retaliation, a student who provides information during an investigation, or a student who has reliable information about a reported act of bullying or retaliation. Whenever possible and appropriate, an effort will be made to protect the identity of all individuals involved in the reporting of verification of any bullying incidents.
2. Obligations to Notify Others
a. Notice to parents or guardians. Upon determining that bullying or retaliation has occurred, the principal or designee will promptly notify the parents or guardians of the target and the aggressor of this, and of the procedures for responding to it. There may be circumstances in which the principal or designee contacts parents or guardians prior to any investigation. Notice will be consistent with state regulations at 603 CMR 49.00.
b. Notice to Another School or District. If the reported incident involves students from more than one school district, charter school, non-public school, approved private special education day or residential school, or collaborative school, the principal or designee first informed of the incident will promptly notify by telephone the principal or designee of the other school(s) of the incident so that each school may take appropriate action. All communications will be in accordance with state and federal privacy laws and regulations, and 603 CMR 49.00.
c. 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. Notice will be consistent with the requirements of 603 CMR 49.00 and locally established agreements with the local law enforcement agency. Also, if an incident occurs on school grounds and involves a former student under the age of 21 who is no longer enrolled in school, the principal or designee shall contact the local law enforcement agency if he or she has a reasonable basis to believe that criminal charges may be pursued against the aggressor.
In making this determination, the principal will, consistent with the Plan and with applicable school or district policies and procedures, consult with the school resource officer, if any, and other individuals the principal or designee deems appropriate.
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.
During the investigation the principal or designee will, among other things, interview students, staff, witnesses, parents or guardians, and others as necessary. The principal or designee (or whoever is conducting the investigation) will remind the alleged aggressor, target, and witnesses that retaliation is strictly prohibited and will result in disciplinary action.
Interviews may be conducted by the principal or designee, other staff members as determined by the principal or designee, and in consultation with the school counselor, as appropriate. To the extent practicable, and given his/her obligation to investigate and address the matter, the principal or designee will maintain confidentiality during the investigative process. The principal or designee will maintain a written record of the investigation.
Procedures for investigating reports of bullying and retaliation will be consistent with school or district policies and procedures for investigations. If necessary, the principal or designee will consult with legal counsel about the investigation.
Determinations. The principal or designee will make a determination based upon all of the facts and circumstances. If, after investigation, bullying or retaliation is substantiated, the principal or designee will take steps reasonably calculated to prevent recurrence and to ensure that the target is not restricted in participating in school or in benefiting from school activities. The principal or designee will: 1) determine what remedial action is required, if any, and 2) determine what responsive actions and/or disciplinary action is necessary.
Depending upon the circumstances, the principal or designee may choose to consult with the students’ teacher(s) and/or school counselor, and the target’s or aggressor’s parents or guardians, to identify any underlying social or emotional issue(s) that may have contributed to the bullying behavior and to assess the level of need for additional social skills development.
The principal or designee will promptly notify the parents or guardians 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 taken unless it involves a “stay away” order or other directive that the target must be aware of in order to report violations.
E. Responses to Bullying. This section of the Plan enumerates the school’s chosen strategies for building students’ skills, and other individualized interventions that the school may take in response to remediate or prevent further bullying and retaliation.
1. Teaching Appropriate Behavior Through Skills-building
Upon the principal or designee determining that bullying or retaliation has occurred, the law requires that the school or district use a range of responses that balance the need for accountability with the need to teach appropriate behavior. M.G.L. c. 71, § 37O(d)(v). Skill-building approaches that the principal or designee may consider include:
▪ offering individualized skill-building sessions based on the school’s/district’s anti-bullying curricula;
▪ providing relevant educational activities for individual students or groups of students, in consultation with guidance counselors and other appropriate school personnel;
▪ implementing a range of academic and nonacademic positive behavioral supports to help students understand prosocial ways to achieve their goals;
▪ meeting with parents and guardians to engage parental support and to reinforce the anti-bullying curricula and social skills building activities at home;
▪ adopting behavioral plans to include a focus on developing specific social skills; and
▪ making a referral for evaluation.
Taking Disciplinary Action
If the principal or designee decides that disciplinary action is appropriate, the disciplinary action will be determined on the basis of facts found by the principal or designee, including the nature of the conduct, the age of the student(s) involved, and the need to balance accountability with the teaching of appropriate behavior. Discipline will be consistent with the Plan and with the school’s code of conduct.
Discipline procedures for students with disabilities are governed by the federal Individuals with Disabilities Education Improvement Act (IDEA), which should be read in cooperation with state laws regarding student discipline.
If the principal or designee determines that a student knowingly made a false allegation of bullying or retaliation, that student may be subject to disciplinary action.
Promoting Safety for the Target and Others
The principal or designee will consider what adjustments, if any, are needed in the school environment to enhance the target's sense of safety and that of others as well. One strategy that the principal or designee may use is to increase adult supervision at transition times and in locations where bullying is known to have occurred or is likely to occur.
Within a reasonable period of time following the determination and the ordering of remedial and/or disciplinary action, the principal or designee will contact the target to determine whether there has been a recurrence of the prohibited conduct and whether additional supportive measures are needed. If so, the principal or designee will work with appropriate school staff to implement them immediately.
VI. COLLABORATION WITH FAMILIES
Effective Plans will include strategies to engage and collaborate with students’ families in order to increase the capacity of the school or district to prevent and respond to bullying. Resources for families and communication with them are essential aspects of effective collaboration. The law requires the School Plan to include provisions for informing parents or guardians about the bullying prevention and intervention curricula used by the school district or school including: (i) how parents and guardians can reinforce the curricula at home and support the school or district plan; (ii) the dynamics of bullying; and (iii) online safety and cyber bullying. Parents and guardians must also be notified in writing each year about the student-related sections of the Bullying Prevention and Intervention Plan, in the language(s) most prevalent among the parents or guardians. School-specific approaches to collaboration take into account age, climate, socio-economic factors, linguistic, and cultural make-up of students and the parents.
The Plan identifies the parent resource and information networks that the school will collaborate with in working with parents and guardians.
A. Parent education and resources. Via our Parents as Partners Program and other written/online communication, the school will offer education programs for parents and guardians that are focused on the parental components of the anti-bullying curricula and any social competency curricula used by the school. The programs will be offered in collaboration with the PTO, School Council, Special Education Parent Advisory Council, or similar organizations.
B. Notification requirements. Each year the school or district will inform parents or guardians of enrolled students about the anti-bullying curricula that are being used. This notice will include information about the dynamics of bullying, including cyber bullying and online safety. The school or district will send parents written notice each year about the student-related sections of the Plan and the school's Internet safety policy. All notices and information made available to parents or guardians will be in hard copy and electronic formats, and will be available in the language(s) most prevalent among parents or guardians. The school will post the Plan and related information on its website.
VII. PROHIBITION AGAINST BULLYING AND RETALIATION
The law requires each Plan to include a statement prohibiting bullying, cyber bullying, and retaliation. The statement is included in the Plan and included in the student code of conduct, the student handbook, and the staff handbook. The following statement is incorporated directly from M.G.L. c. 71, § 37O(b), and describes the law’s requirements for the prohibition of bullying. It has been tailored to meet the specific priorities of Bristol County Agricultural High School. Alternative language is included in the draft priority statements in Part I.D above.
Acts of bullying, which include cyber bullying, are prohibited:
(i) on school grounds and property immediately adjacent to school grounds, at a school-sponsored or school-related activity, function, or program whether on or off school grounds, at a school bus stop, on a school bus or other vehicle owned, leased, or used by a school district or school; or through the use of technology or an electronic device owned, leased, or used by a school district or school, and
(ii) at a location, activity, function, or program that is not school-related through the use of technology or an electronic device that is not owned, leased, or used by a school district or school, if the acts create a hostile environment at school for the target or witnesses, infringe on their rights at school, or materially and substantially disrupt the education process or the orderly operation of a school.
Retaliation against a person who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying is also prohibited.
As stated in M.G.L. c. 71, § 37O, nothing in this Plan requires Bristol County Agricultural High School to staff any non-school related activities, functions, or programs.
VIII. DEFINITIONS
Several of the following definitions are copied directly from M.G.L. c. 71, § 37O, as noted below. The Plan may include additional definitions that are aligned with local policies and procedures.
Bullying, the repeated use by one or more students or by a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional of a written, verbal or electronic expression or a physical act or gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional harm to the victim or damage to the victim's property; (ii) places the victim in reasonable fear of harm to himself or of damage to his property; (iii) creates a hostile environment at school for the victim; (iv) infringes on the rights of the victim at school; or (v) materially and substantially disrupts the education process or the orderly operation of a school. For the purposes of this section, bullying shall include cyber-bullying.
Cyber bullying, is bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. Cyberbullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (ii) the knowing impersonation of another person as the author of posted content or messages, if the creation or impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying.
Hostile environment, a situation in which bullying causes the school environment to be permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive to alter the conditions of the student's education.
Retaliation is any form of intimidation, reprisal, or harassment directed against a student who reports bullying, provides information during an investigation of bullying, or witnesses or has reliable information about bullying.
Staff includes, but is not limited to, educators, administrators, counselors, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities, support staff, or paraprofessionals.
Perpetrator, a student or a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional who engages in bullying or retaliation.
School district, the school department of a city or town, a regional school district or a county agricultural school.
School grounds, property on which a school building or facility is located or property that is owned, leased or used by a school district, charter school, non-public school, approved private day or residential school, or collaborative school for a school-sponsored activity, function, program, instruction or training.
Victim, a student against whom bullying or retaliation has been perpetrated.
Department, the department of elementary and secondary education.
IX. RELATIONSHIP TO OTHER LAWS
Consistent with state and federal laws, and the policies of the school, no person shall be discriminated against in admission to a public school of any town or in obtaining the advantages, privilege and courses of study of such public school on account of race, color, sex, religion, national origin, or sexual orientation. Nothing in the Plan prevents the school from taking action to remediate discrimination or harassment based on a person’s membership in a legally protected category under local, state, or federal law, or school policies.
In addition, nothing in the Plan is designed or intended to limit the authority of the school to take disciplinary action or other action under M.G.L. c. 71, §§ 37H or 37H½, other applicable laws, or local school policies in response to violent, harmful, or disruptive behavior, regardless of whether the Plan covers the behavior.
Added Level 3 offense for Skipping School
LEVEL III
Level III Category is reserved for more serious student infractions. Students committing infractions listed below will be referred to the office for Saturday School, Loss of Parking, Extra-Curricular activities, and/or removal from Co-op.
Visibility and/or use of any electronic devices without prior approval from staff
Repeated infractions related to unsafe practices in a shop area
Leaving the school building or grounds without permission;
Insubordination/defiance of authority
Recording (audio/visual)/ taking photos of people without permission
Instigation of a verbal or physical conflict
Failure to report for an office detention.
Cheating/plagiarism
Lying or giving false information, either verbally or in writing, to school personnel.
Skipping school, or leaving school property without permission.
Added Language for NONViolent Physical Crisis Intervention (Page105)
NONVIOLENT PHYSICAL CRISIS INTERVENTION (P105)
Maintaining an orderly, safe environment conducive to learning is an expectation of all staff members of the Bristol County Agricultural School District. Further, students of the district are protected by law 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 member of the school community from immediate, serious, physical harm; and
To prevent or minimize any harm to the student as a result of the use of physical restraint.
Only school personnel who have received training pursuant to 603CMR 46.00 shall administer physical restraint on students. Whenever possible the administration of physical restraint shall be administered in the presence of at least one adult who does not participate in the restraint. A person administering physical restraint shall only use the amount of force necessary to protect the student from injury or harm. A member of the Board of Trustees or any teacher or any employees or agent of the school committee shall not be precluded from using such reasonable force as is necessary to protect pupils, other persons or themselves from an assault by a pupil. Physical restraint is prohibited as a means of punishment, or as a response to destruction of property, 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 to the student or others. In special circumstances, waivers may be sought from parents of students through the Individual Education Program (IEP) process or from parents of students who present a high risk of frequent, dangerous behavior that may frequent the use of restraint.
Added Progressive Discipline: The Progressive Steps Program to Student Discipline Section(Page 75)
All students are expected to be meaningful contributors to our learning community, demonstrating respect, responsibility, integrity, excellence, and independence. Those students that detract from these core values will be referred to the Progressive Steps Program.
Progressive DISCIPLINE: THE Progressive STEPS PROGRAM(P75)
A Progressive discipline program promotes the development of student independence and personal responsibility by providing students with constructive and meaningful learning experiences when they make poor decisions. With this approach students learn to assume greater responsibility for their own behavior. Discipline is instructive with this model, not just punitive, and it focuses the attention on student character, personal responsibility, and the development of more effective problem solving skills. Discipline is considered a form of help, an opportunity for students to learn from their mistakes, to become more responsible, and to make better decisions. All students are expected to be meaningful contributors to our learning community, demonstrating respect, responsibility, integrity, excellence, and independence. Those students that detract from these core values will be referred to the Progressive Steps Program.
When students engage with the Progressive Steps Program they face a series of decision points where they have to make a choice about how they will handle the consequences of the step they are on. A good decision enables the student to complete and exit the discipline program and a poor decision moves the student to the next step where discipline continues and the consequences are more involved. Consequences are not arbitrarily applied by the staff. When discipline is provided as a series of hierarchical steps students know in advance what the result of their decision will be and therefore they must take full responsibility for that result when it occurs.
The Progressive Steps Program provides a series of constructive consequence steps arranged as a hierarchy so that each step is successively more serious, more involved, and more instructive than the previous step. Each successive step provides a specific learning exercise, as a consequence of not resolving the problem on an earlier step, along with a restriction of certain privileges. School privileges are restricted until the student completes and exits the discipline program.
With advanced knowledge of the consequences and an opportunity on each step to resolve the problem constructively, students have several opportunities to make the best or most responsible decision. Students always know where they stand prior to and during an incident and they are more aware of the consequences that they face if their behavior continues or if they fail to accept responsibility by completing the discipline step. There is no power struggle between students and staff, no chance to negotiate or work out a deal, and no way to exit the discipline program by putting the blame on others. When students are made fully aware of the step system and it is consistently applied students can make better choices and avoid later steps. Students have fewer complaints about fairness because the system is so predictable and the choices are their own, so they focus more on what they need to change and less on whose fault it is.
STANDARDS AND PROCEDURES FOR SUSPENSIONS (P86)
Suspensions are assigned for offenses such as listed in the student code of conduct.
During suspensions, students may not participate or attend any extracurricular activities.
All suspensions can be appealed and students have due process rights.
Parents will be notified of all suspensions.
Habitual offenders may be referred to proper juvenile authorities.
The Dighton Police Department will be notified of any student suspensions involving criminal offenses.
Students who are suspended from school are ineligible to participate in any extracurricular activity until the first day they return to school, and students on suspension are not permitted to be on school grounds. For example, if a student’s suspension runs through close of school on Friday, that student is not eligible to participate in or to attend any school sponsored activities, whether they are on or off school property, until the student has re-entered school on Monday. Furthermore, if a student’s suspension runs through close of school on Friday and a vacation period or school cancellation follows, that student is not eligible to participate in or to attend any school sponsored activities until the student has re-entered school.
Addition to the student Acceptable Use Policy(page 32)
Student Devices
Students are not allowed to put personal devices on the school network. Student’s will be issued a Microsoft Surface Go in accordance with the school’s 1:1 Technology Policy. Students who purchased a Microsoft Surface Go in the 2020-2021 school year will be allowed to continue using that device, in accordance with the policy set forth in the 2020-2021 school year. Students will be subject to disciplinary actions as described below:
FIrst Offense: Warning
Second Offense: Parents will be notified
Third Offense: Office detention
Subsequent offenses will result in Saturday detention
Added Notice of Suspension and Hearing- MGL 37H ¾ MGL 603 CMR 53.06(page 85)
Notice of Suspension and Hearing under M.G.L. c. 71, § 37H¾
(1) Except as provided in 603 CMR 53.07 and 603 CMR 53.10, a principal may not impose a suspension as a consequence for a disciplinary offense without first providing the student and the parent oral and written notice, and providing the student an opportunity for a hearing on the charge and the parent an opportunity to participate in such hearing.
(2) The principal shall provide oral and written notice to the student and the parent in English and in the primary language of the home if other than English, or other means of communication where appropriate. The notice shall set forth in plain language:
(a) the disciplinary offense;
(b) the basis for the charge;
(c) the potential consequences, including the potential length of the student's suspension;
(d) the opportunity for the student to have a hearing with the principal concerning the proposed suspension, including the opportunity to dispute the charges and to present the student's explanation of the alleged incident, and for the parent to attend the hearing;
(e) the date, time, and location of the hearing;
(f) the right of the student and the student's parent to interpreter services at the hearing if needed to participate;
(g) if the student may be placed on long-term suspension following the hearing with the principal:
the rights set forth in 603 CMR 53.08 (3)(b); and
the right to appeal the principal's decision to the superintendent.
(3) The principal shall make reasonable efforts to notify the parent orally of the opportunity to attend the hearing. To conduct a hearing without the parent present, the principal must be able to document reasonable efforts to include the parent. The principal is presumed to have made reasonable efforts if the principal has sent written notice and has documented at least two attempts to contact the parent in the manner specified by the parent for emergency notification.
(4) Written notice to the parent may be made by hand delivery, first-class mail, certified mail, email to an address provided by the parent for school communications, or any other method of delivery agreed to by the principal and parent.
Added Principal’s Hearing MGL 37H ¾ - MGL 53.08(page 86)
Principal's Hearing under M.G.L. c. 71, § 37H¾
(1) The principal shall determine the extent of the rights to be afforded the student at a disciplinary hearing based on the anticipated consequences for the disciplinary offense. If the consequence may be long-term suspension from school, the principal shall afford the student, at a minimum, all the rights set forth in 603 CMR 53.08(3) in addition to those rights afforded to students who may face a short-term suspension from school.
(2) Principal Hearing - Short-term Suspension
(a) The purpose of the hearing with the principal is to hear and consider information regarding the alleged incident for which the student may be suspended, provide the student an opportunity to dispute the charges and explain the circumstances surrounding the alleged incident, determine if the student committed the disciplinary offense, and if so, the consequences for the infraction. At a minimum, the principal shall discuss the disciplinary offense, the basis for the charge, and any other pertinent information. The student also shall have an opportunity to present information, including mitigating facts, that the principal should consider in determining whether other remedies and consequences may be appropriate as set forth in 603 CMR 53.05. The principal shall provide the parent, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, that the principal should consider in determining consequences for the student.
(b) Based on the available information, including mitigating circumstances, the principal shall determine whether the student committed the disciplinary offense, and, if so, what remedy or consequence will be imposed.
(c) The principal shall notify the student and parent of the determination and the reasons for it, and, if the student is suspended, the type and duration of suspension and the opportunity to make up assignments and such other school work as needed to make academic progress during the period of removal, as provided in 603 CMR 53.13(1). The determination shall be in writing and may be in the form of an update to the original written notice.
(d) If the student is in a preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension, before the short-term suspension takes effect.
(3) Principal Hearing - Long-term Suspension
(a) The purpose of the hearing is the same as the purpose of a short-term suspension hearing.
(b) At a minimum, in addition to the rights afforded a student in a short-term suspension hearing, the student shall have the following rights:
In advance of the hearing, the opportunity to review the student's record and the documents upon which the principal may rely in making a determination to suspend the student or not;
the right to be represented by counsel or a lay person of the student's choice, at the student's/parent's expense;
the right to produce witnesses on his or her behalf and to present the student's explanation of the alleged incident, but the student may not be compelled to do so; and
the right to cross-examine witnesses presented by the school district; and
the right to request that the hearing be recorded by the principal, and to receive a copy of the audio recording provided to the student or parent upon request. If the student or parent requests an audio recording, the principal shall inform all participants before the hearing that an audio record will be made and a copy will be provided to the student and parent upon request.
(c) The principal shall provide the parent, if present, an opportunity to discuss the student's conduct and offer information, including mitigating circumstances, that the principal should consider in determining consequences for the student.
(d) Based on the evidence, the principal shall determine whether the student committed the disciplinary offense, and, if so, after considering mitigating circumstances and alternatives to suspension as set forth in 603 CMR 53.05, what remedy or consequence will be imposed, in place of or in addition to a long-term suspension. The principal shall send the written determination to the student and parent by hand-delivery, certified mail, first-class mail, email to an address provided by the parent for school communications, or other method of delivery agreed to by the principal and the parent. If the principal decides to suspend the student, the written determination shall:
Identify the disciplinary offense, the date on which the hearing took place, and the participants at the hearing;
Set out the key facts and conclusions reached by the principal;
Identify the length and effective date of the suspension, as well as a date of return to school;
Include notice of the student's opportunity to receive education services to make academic progress during the period of removal from school as provided in 603 CMR 53.13(4)(a);
Inform the student of the right to appeal the principal's decision to the superintendent or designee, but only if the principal has imposed a long-term suspension. Notice of the right of appeal shall be in English and the primary language of the home if other than English, or other means of communication where appropriate, and shall include the following information stated in plain language:
the process for appealing the decision, including that the student or parent must file a written notice of appeal with the superintendent within five calendar days of the effective date of the long-term suspension; provided that within the five calendar days, the student or parent may request and receive from the superintendent an extension of time for filing the written notice for up to seven additional calendar days; and that
the long-term suspension will remain in effect unless and until the superintendent decides to reverse the principal's determination on appeal.
(e) If the student is in a public preschool program or in grades K through 3, the principal shall send a copy of the written determination to the superintendent and explain the reasons for imposing an out-of-school suspension, whether short-term or long-term, before the suspension takes effect.
Added Superintendent’s Hearing- MGL 37H ¾ -MGL 53.09(page 88)
Superintendent's Hearing under M.G.L. c. 71, § 37H¾
(1) A student who is placed on long-term suspension following a hearing with the principal shall have the right to appeal the principal's decision to the superintendent.
(2) The student or parent shall file a notice of appeal with the superintendent within the time period set forth 603 CMR 53.08 (3) (d) 5.a. If the appeal is not timely filed, the superintendent may deny the appeal, or may allow the appeal in his or her discretion, for good cause.
(3) The superintendent shall hold the hearing within three school days of the student's request, unless the student or parent requests an extension of up to seven additional calendar days, in which case the superintendent shall grant the extension.
(4) The superintendent shall make a good faith effort to include the parent in the hearing. The superintendent shall be presumed to have made a good faith effort if he or she has made efforts to find a day and time for the hearing that would allow the parent and superintendent to participate. The superintendent shall send written notice to the parent of the date, time, and location of the hearing.
(5) The superintendent shall conduct a hearing to determine whether the student committed the disciplinary offense of which the student is accused, and if so, what the consequence shall be. The superintendent shall arrange for an audio recording of the hearing, a copy of which shall be provided to the student or parent upon request. The superintendent shall inform all participants before the hearing that an audio record will be made of the hearing and a copy will be provided to the student and parent upon request.
(6) The student shall have all the rights afforded the student at the principal's hearing for long-term suspension under 603 CMR 53.08(3)(b).
(7) The superintendent shall issue a written decision within five calendar days of the hearing which meets the requirements of 603 CMR 53.08(3)(d)1. through 4. If the superintendent determines that the student committed the disciplinary offense, the superintendent may impose the same or a lesser consequence than the principal, but shall not impose a suspension greater than that imposed by the principal's decision.
(8) The decision of the superintendent shall be the final decision of the school district, charter school, or virtual school, with regard to the suspension.
Added MGL Chapter 71, Section 37H ¾(Page 89)
Section 37H3/4: Suspension or expulsion on grounds other than those set forth in Secs. 37H or 37H1/2
Section 37H3/4. (a) This section shall govern the suspension and expulsion of students enrolled in a public school in the commonwealth who are not charged with a violation of subsections (a) or (b) of section 37H or with a felony under section 37H1/2.
(b) Any principal, headmaster, superintendent or other person acting as a decision-maker at a student meeting or hearing, when deciding the consequences for the student, shall exercise discretion; consider ways to re-engage the student in the learning process; and avoid using expulsion as a consequence until other remedies and consequences have been employed.
(c) For any suspension or expulsion under this section, the principal or headmaster of a school in which the student is enrolled, or a designee, shall provide, to the student and to the parent or guardian of the student, notice of the charges and the reason for the suspension or expulsion in English and in the primary language spoken in the home of the student. The student shall receive the written notification and shall have the opportunity to meet with the principal or headmaster, or a designee, to discuss the charges and reasons for the suspension or expulsion prior to the suspension or expulsion taking effect. The principal or headmaster, or a designee, shall ensure that the parent or guardian of the student is included in the meeting, provided that such meeting may take place without the parent or guardian only if the principal or headmaster, or a designee, can document reasonable efforts to include the parent or guardian in that meeting. The department shall promulgate rules and regulations that address a principal's duties under this subsection and procedures for including parents in student exclusion meetings, hearings or interviews under this subsection.
(d) If a decision is made to suspend or expel the student after the meeting, the principal or headmaster, or a designee, shall update the notification for the suspension or expulsion to reflect the meeting with the student. If a student has been suspended or expelled for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions in any school year, the student and the parent or guardian of the student shall also receive, at the time of the suspension or expulsion decision, written notification of a right to appeal and the process for appealing the suspension or expulsion in English and in the primary language spoken in the home of the student; provided, however, that the suspension or expulsion shall remain in effect prior to any appeal hearing. The principal or headmaster or a designee shall notify the superintendent in writing, including, but not limited to, by electronic means, of any out-of-school suspension imposed on a student enrolled in kindergarten through grade 3 prior to such suspension taking effect. That notification shall describe the student's alleged misconduct and the reasons for suspending the student out-of-school. For the purposes of this section, the term ''out-of-school suspension'' shall mean a disciplinary action imposed by school officials to remove a student from participation in school activities for 1 day or more.
(e) A student who has been suspended or expelled from school for more than 10 school days for a single infraction or for more than 10 school days cumulatively for multiple infractions in any school year shall have the right to appeal the suspension or expulsion to the superintendent. The student or a parent or guardian of the student shall notify the superintendent in writing of a request for an appeal not later than 5 calendar days following the effective date of the suspension or expulsion; provided, that a student and a parent or guardian of the student may request, and if so requested, shall be granted an extension of up to 7 calendar days. The superintendent or a designee shall hold a hearing with the student and the parent or guardian of the student within 3 school days of the student's request for an appeal; provided that a student or a parent or guardian of the student may request and, if so requested, shall be granted an extension of up to 7 calendar days; provided further, that the superintendent, or a designee, may proceed with a hearing without a parent or guardian of the student if the superintendent, or a designee, makes a good faith effort to include the parent or guardian. At the hearing, the student shall have the right to present oral and written testimony, cross-examine witnesses and shall have the right to counsel. The superintendent shall render a decision on the appeal in writing within 5 calendar days of the hearing. That decision shall be the final decision of the school district with regard to the suspension or expulsion.
(f) No student shall be suspended or expelled from a school or school district for a time period that exceeds 90 school days, beginning the first day the student is removed from an assigned school building.
Added MGL Chapter 71, Section 37H ½(Page 91)
Section 37H1/2: Felony complaint or conviction of student; suspension; expulsion; right to appeal
Section 37H1/2. Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chapter seventy-six:
(1) Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal or headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the superintendent.
The student shall have the right to appeal the suspension to the superintendent. The student shall notify the superintendent in writing of his request for an appeal no later than five calendar days following the effective date of the suspension. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.
(2) Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expulsion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the superintendent.
The student shall have the right to appeal the expulsion to the superintendent. The student shall notify the superintendent, in writing, of his request for an appeal no later than five calendar days following the effective date of the expulsion. The superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The superintendent shall render a decision on the appeal within five calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the expulsion.
Any school district that suspends or expels a student under this section shall continue to provide educational services to the student during the period of suspension or expulsion, under section 21 of chapter 76. If the student moves to another district during the period of suspension or expulsion, the new district of residence shall either admit the student to its schools or provide educational services to the student under an education service plan, under section 21 of chapter 76.
Advisory on Student Discipline under Chapter 222 of the Acts of 2012
An Act Relative to Student Access to Educational Services and Exclusion from School
(G.L. c. 71, 37H ¾ and G.L. c. 76, §21)1
Original Publication: February 28, 2015
Updated and Reissued: December 23, 2016
Introduction
Chapter 222 of the Acts of 2012 (Chapter 222),2 effective July 1, 2014, is the most comprehensive Massachusetts legislation to address student discipline in 20 years.3
Its primary objectives are:
to limit the use of long-term suspension as a consequence for student misconduct subject to G.L. c. 71, §37H ¾ until other consequences have been considered and tried as appropriate, and
where exclusion from the classroom or school occurs for any type of disciplinary offense, to require schools to make education services available so the student has an opportunity to make academic progress while suspended or expelled.
The Department of Elementary and Secondary Education (the Department) has prepared this Advisory on Student Discipline (Advisory) to support implementation of Chapter 222, specifically the two new statutes enacted, G.L. c. 71, §37H ¾ and G.L. c. 76, §21. The Advisory provides further detail on the Student Discipline Regulations (the Regulations), 603 CMR 53.00, which address a principal's4 responsibilities under G.L. c. 71, §37H ¾, the provision of education services to any student who is suspended or expelled for any reason, and student discipline data collection and reporting.5 The Advisory provides basic information on the state laws and regulations pertaining to student discipline. The Department encourages superintendents and school administrators to consult with their district legal counsel for specific advice.
Nothing in this Advisory diminishes any of the rights and protections afforded to eligible students under the federal Individuals with Disabilities Education Act (IDEA). The additional rights and disciplinary procedures applicable to such students are set forth at 20 USC §1415 (f) - (k), 34 CFR §§300.530 - 300.537. For guidance on these issues, please refer to Questions and Answers On Discipline Procedures by U. S. Department of Education.
Student Suspension and Expulsion by Category of Offense and Possible Consequences
There are now three Massachusetts statutes to consider in determining the discipline hearing to be held and the possible consequences that may be imposed if a student is found to have violated the school's code of conduct. Understanding which statute applies to the offense will assist in determining the applicable provisions of the Regulations, 603 CMR 53.00 Student Discipline.
The statutes, offenses, and potential consequences follow. The Appendix contains more detail on each of the statutes, along with relevant regulatory provisions.
G.L. c. 71, §37H
Offense:6
Possession of a dangerous weapon
Possession of a controlled substance
Assault on a member of the educational staff
Consequence: the student may be subject to suspension or expulsion by the principal
G.L. c. 71, §37H ½
Offense:
A felony charge or felony delinquency complaint
Consequence: the student may be subject to indefinite suspension if the principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school.
Offense:
Conviction, adjudication, or admission of guilt with respect to a felony
Consequence: the student may be subject to expulsion if the principal determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school.
G.L. c. 71, §37H ¾
Offense:
Any offense not covered by G.L. c. 71, §37H or §37H ½
Consequence: the student may be subject to suspension as provided by the school discipline code. The statute prohibits schools from suspending a student for more than 90 school days (total) in one school year. Principals are to exercise discretion in deciding consequences, consider ways to re-engage the student in school, and avoid using long-term exclusion unless alternatives have been tried.
2 Chapter 222 of the Acts of 2012
3 In 1994, legislation was enacted amending G.L. c. 71, §37H and adding G.L. c. 37H ½, making clear the authority of school officials to suspend or expel students for the following offenses: (1) possession of a dangerous weapon or a controlled substance, or assault on a member of the educational staff, on school premises or at school-sponsored or school-related events; or (2) a felony charge or felony delinquency complaint or conviction, or adjudication or admission of guilt with respect to such felony, if the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. For purposes of this Advisory, the term "statutory offenses" is used to refer to §§37H and 37H ½ because the offenses are enumerated in those statutes. All other disciplinary offenses are governed by new G.L. c. 71, §37H ¾, and are referred to as "non-statutory offenses" because they are not enumerated.
4 "Principal" is defined in 603 CMR 53.02 as: the instructional administrative leader or headmaster of a public school or his or her designee for purposes of disciplinary matters. The board of trustees of a charter school or virtual school shall designate in the school discipline code who will serve as the principal for purposes of 603 CMR 53.00.
5 The Board of Elementary and Secondary Education adopted the Regulations in April 2014 and they took effect on July 1, 2014. The Regulations apply to "all public preschool, elementary, and secondary schools and programs in Massachusetts, including charter and virtual schools." 603 CMR 53.01(2).
6 §37H covers offenses that occur on school premises or at school-sponsored or school-related activities.
7 Examples of offenses may include misconduct such as cheating, bullying, and fighting.
8 For example: Improving School climate,
Positive Behavior Supports: Can Schools Reshape Disciplinary Practices?,
Evaluating the impact of conflict resolution on urban children's violence-related attitudes and behaviors in New Haven, Connecticut, through a community–academic partnership,
Effects of School-Wide Positive Behavioral Interventions and Supports on Child Behavior Problems
9 The definitions of in-school, short-term, and long-term suspensions, make this point clear. See 603 CMR 53.02.
10 Expulsion is defined at 603 CMR 53.02 as more than 90 school days. A student may not be expelled for a §37H ¾ offense
11 Parent means a student's father, mother, or legal guardian, or person or agency legally authorized to act on behalf of the student in place of or in conjunction with the father, mother, or legal guardian. 603 CMR 53.02.
12 See discussion of emergency removals in section V. Note also that notice and hearing is not required prior to an in-school suspension. See section VI.
13 The content of the notice is set out in detail in 603 CMR 53.06(2).
14 Oral and written notice must be provided in English and the primary language of the home if other than English, or other means of communication where appropriate. See 603 CMR 53.06(2); 53.08(1).
15 For example, in addition to the rights afforded a student facing a short-term suspension, a student who may be suspended long-term has the following rights, among others: to review documents relied on by the school district in advance of the hearing; to be represented by counsel at the student's expense; and the right to present witnesses at the hearing.
16 There may be circumstances in which it may be necessary to conduct a more formal hearing in the short-term suspension context; for example, where the facts are in dispute and witnesses representing both sides are needed to decide an issue.
17 Schools need to have a system for keeping track of cumulative days of suspensions, similar to the cumulative suspensions that must be tracked for purposes of discipline of students with disabilities. See 34 CFR §§300.530 - 300.536.
18 The category of national origin includes discrimination against English language learners.
19 The behavior may also violate state laws and regulations prohibiting discrimination on the basis of the same federal categories, as well as sexual orientation and gender identity. See G.L. c. 76, §5; 603 CMR 26.00.
20 Dear Colleague Letter from Office of the Assistant Secretary
21 In addition to the guidance referenced in fn. 18, school officials and local counsel are advised to review OCR's guidance on Title IX and sexual violence which discusses, among other things, Title IX investigations and discipline hearings: Questions and Answers on Title IX and Sexual Violence
22 Nothing in the Regulations prevents the parties from reaching an agreement regarding the timing of the hearing or placement of the student pending the hearing.
23 This is the basic constitutional due process required by the 1975 U.S. Supreme Court case, Goss v. Lopez.
24 The Department does not consider a de minimus involuntary removal from classroom activities as a day of suspension, provided it is not a recurring event. For example, if a teacher refers a student to the principal's office for misconduct in class, and the principal meets with the student and sends the student to her next class, the teacher's referral would not count as a suspension. However, school administrators should keep track of such referrals to monitor both the sources of referrals, repeated referrals of the same student, and the impact on selected student groups, such as racial/ethnic minorities and students with disabilities, to see if such groups are disproportionately affected.
25 See section IV. B.
26 G.L. c. 76, §21
27 The statute identifies examples of education service plan options as "tutoring, alternative placement, Saturday school, and online or distance learning." It also suggests that school officials seek to work with education collaboratives, housing and nonprofit agencies, health and human service agencies, and others in devising education service options that will allow for academic progress.
Added Language from 603 CMR 28.06(3)(Page99)
Suspension Educational Services(P101)
Any student who is serving an in-school suspension, short-term suspension, or long-term suspension shall have the opportunity to make up assignments, tests, papers, and other school work as needed to make academic progress during the period of his or her removal from the classroom or school as set forth in 603 CMR 53-13(1). If a student is suspended for more than 10 consecutive days, educational services will be provided by the school. These educational services may take the form of distance learning using commercial educational program, tutorial support may be provided by phone or voice over IP service, or at home tutoring services. The appropriate service will be decided by the Program Administrator and the Pupil Services Administrator in conjunction with the Principal or designee considering the length of the suspension and learning needs of the student.
MA General Laws Chapter 76, section 21 requires only that schools provide an opportunity to make academic progress during suspension or expulsion. It does not address providing services so that a student can continue progress in a vocational program. The MA Dept. of Elementary and Secondary Education (DESE) encourages vocational schools and programs to provide vocational support to the extent possible, particularly to those students who are suspended for relatively short
periods of time. Some suspended or expelled students in regional vocational technical schools may opt to withdraw from the school and return to their home
district. In such cases, the home district has the obligation to provide the student the
opportunity to make academic progress during the period of suspension or expulsion.
Procedure for Suspension of Special Education/504 Students(P101)
School personnel may remove any eligible student with a disability (under IDEA or Section 504 of the Rehabilitation Act) who violates a code of student conduct from her/his current placement to an appropriate interim alternative setting (IAES), another setting, or suspension for not more than 10 school days. School personnel may consider any unique circumstances on a case by case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct.
After a student receiving special education or 504 services has been suspended for 10 days in any school year, during any subsequent removal from school, Bristol Count Agricultural High School will provide sufficient services for the student to continue to receive a free and appropriate public education.
A suspension of 10 consecutive days or a series of shorter suspensions that
accumulate to 10 or more days that constitute a pattern are considered to represent a change in placement. When a suspension constitutes a change in placement of a student with disabilities, district personnel, the parent, and other relevant members of the team, as determined by the parent and the district, convene within 10 days of the decision to suspend to review all relevant information in the student’s file, including the IEP, any teacher observations, and any relevant information from the parents, to determine whether the behavior was caused by or had a direct and substantial relationship to the disability or was the direct result of the district’s failure to implement the IEP. This meeting is known as a manifestation determination.
If district personnel, the parent, and other relevant members of the team determine that the behavior is NOT a manifestation of the disability, then the suspension or expulsion may go forward consistent with policies applied to any student without disabilities, except that the district must still offer:
services to enable the student, although in another setting, to continue to
participate in the general education curriculum and to progress toward IEP goals;
and
• as appropriate, a functional behavioral assessment and behavioral intervention services and modifications, to address the behavior so that it does not recur.
Interim Alternative Educational Setting(P102)
Regardless of the manifestation determination, the district may place the student in an interim alternative educational setting (as determined by the team) for up to 45 school days on its own authority if the behavior involves weapons or illegal drugs or another controlled substance or the infliction of serious bodily injury on another person while at school or a school function or, considered case by case, unique circumstances; or on the authority of a hearing officer if the officer orders the
alternative placement after the district provides evidence that the student is
“substantially likely” to injure him/herself or others.
In either case, the interim alternative education setting enables the student to
continue in the general curriculum and to continue receiving services identified on
the IEP, and provides services to address the problem behavior.
If district personnel, the parent, and other relevant members of the team determine that the behavior IS a manifestation of the disability, then the team completes a functional behavioral assessment and behavioral intervention plan, if it has not already done so. If a behavioral intervention plan is already in place, the team reviews it and modifies it, as necessary, to address the behavior. Except when he or she has been placed in an interim alternative educational setting, the student returns to the original placement unless the parents and district agree otherwise or the hearing officer orders a new placement. Not later than the date of the decision to
take disciplinary action, Bristol Aggie will notify the parents of that decision and
provides written notice of procedural safeguards.
If the parent chooses to appeal or Bristol County Agricultural High School requests a hearing because it believes that maintaining the student’s current placement is substantially likely to result in injury to the student or others, the student remains in the disciplinary placement, if any, until the decision of the hearing officer or the end of the time period for the disciplinary action, whichever comes first, unless the parent and Bristol County Agricultural High School agree otherwise.
Procedures for Students Not Yet Determined to be Eligible for Special
Education(P103)
If, prior to the disciplinary action, a district had knowledge that the student may be a
student with a disability, then the district makes all protections available to the
student until and unless the student is subsequently determined not to be eligible.
The district may be considered to have prior knowledge if:
• The parent had expressed concern in writing; or
• The parent had requested an evaluation prior to the disciplinary incident; or
• District staff had expressed directly to the special education director or other
supervisory personnel specific concerns about a pattern of behavior
demonstrated by the student.
The district may not be considered to have had prior knowledge if:
• The parent has not consented to evaluation of the student; or
• Has refused special education services; or
• An evaluation of the student has been conducted and resulted in a
determination of ineligibility.
If Bristol County Agricultural High School had no reason to consider the student disabled, and the parent
requests an evaluation subsequent to the disciplinary action, Bristol County Agricultural High School will
conduct an expedited evaluation to determine eligibility. If the student is found
eligible, then he/she receives all procedural protections subsequent to the finding of
eligibility.
DISCIPLINE POLICY FOR STUDENTS WITH IEP ELIGIBILITY(P103)
Placement in an Alternative Educational Setting
All students are expected to meet the requirements for behavior as set forth in the Student Handbook. Any student serviced under an Individual Education Plan whose disability requires a modification to the regular discipline code will have the necessary modification documented in his/her IEP.
As framed in IDEA-2004, Section 615, school personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a student who violates a code of conduct. Students with disabilities who violate codes of conduct may be removed from their school placement to an appropriate interim alternative educational setting (IAES), another setting, or subjected to suspension not to exceed 10 school days.
The principal (or designee) will notify the special education director of the offenses leading to suspension of the student with disabilities and such written notices will be kept on file.
When a student serviced under an IEP approaches/reaches the 10 day suspension limit, the school must:
notify parents immediately of relevant procedural safeguards.
provide all procedural safeguards as outlined in IDEA-2004 and Massachusetts Special Education regulations.
conduct a “manifestation determination”, a review of all relevant information in the student’s file, including the IEP, teacher observations and information provided by the parent, to determine if the conduct in question was 1) caused by or had a direct and substantial relationship to the child’s disability or 2) was the direct result of the school’s failure to implement the IEP and 3) constitutes a necessary change in placement.
If a manifestation is found, then a Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP) must be completed, or reviewed if they are already in place, and appropriate modifications made, designed to address the behavior violation. The district and the parents may agree to a change of placement as part of a BIP, otherwise the student must return to the placement from which they were removed, unless special circumstances apply. *
If the behavior is not a manifestation of the disability, then the student may be disciplined in the same manner as non-disabled students. The district must continue to provide FAPE and or services that enable the student to continue to participate in the general education curriculum for suspensions over 10 days in a given school year.
The parent/guardian may request a hearing to challenge the Team’s placement decision or manifestation decision. The school district may request a hearing if maintaining the student’s current placement is substantially likely to result in injury to the student or others.
*The school district may change a student’s placement to an IAES for up to 45 days regardless of manifestation determination if the student is on school premises or at a school function and engages in the following:
a) possession of a weapon;
b) knowingly possessing, using, or selling or soliciting the sale of illegal drugs
c) inflicts serious bodily injury upon another person.
ADDED LANGUAGE(Page 71)
Students participating in voluntary co-curricular activities, including but not limited to intra mural or interscholastic athletics, are required to return a signed release of liability to the director of the event/activity prior to engaging in the activity, event, or the commencement of the athletic season. As these activities are voluntary, the student's participation in an event, activity, or athletic season is conditioned upon receipt of the signed and returned release of liability form.
Massachusetts law permits use of such releases for school-related voluntary co-curricular activities, including but not limited to athletics. Release forms will be distributed by the Athletic Director and/or by the administrator overseeing activities.
The student's participation in any co-curricular activity, including but not limited to intra-mural or interscholastic athletics of any nature, is conditioned on compliance with all applicable laws, district policies (including but not limited to policies relative to student conduct and discipline, bullying, hazing, harassment, and discrimination), all MIAA policies, and district values and behavioral expectations. In the interest of student safety and compliance with these laws, policies, values, and expectations, coaches and/or other school staff will routinely monitor locker room activities. Such monitoring may include physical presence by coaches or other staff in locker rooms. While monitoring students in locker rooms, all coaches and staff will give appropriate consideration to student privacy. Students seeking increased privacy when changing clothes/uniforms may utilize individual stalls and/or privacy curtains or screens where available, and are encouraged to address any privacy related concerns with the coach or building principal.
TECH POLICY UPDATE: After our first year of implementation of our 1:1 policy, we made some updates to our policy to help define our expectations for student devices.
Category: Return:
Previous Language
Students’ Surface GO and charger will be collected at the end of each school year for maintenance over summer vacation. Students will retain their original Surface GO and charger each year while enrolled at BCAHS.
NEW
Students will submit their Surface GO for inspection prior to the end of the school year to assess for damages and to ensure that they are being kept up to date.
Category: Software on Surface GOs:
Previous Language
NEW
GoGuardian Lightspeed is a software application that allows us to unify filtering, classroom management, and school mental health tools into a single suite. GoGuardian’s Lightspeed’s suite of tools helps us maximize the learning potential of our 1:1 school technology program.
Category: Repairing or Replacing Your Surface GO:
Previous Language
Lost or Intentionally Damaged Device and Accessories: A Surface GO or any of its accessories that are lost (whereabouts unknown) or intentionally damaged is the responsibility of the student and parent involved in the loss of property. The user will not be given another device or accessory to use until the replacement cost of the lost/damaged device or accessory is paid to the
NEW
Lost or Intentionally Damaged Device and Accessories: A Surface GO or any of its accessories that are lost (whereabouts unknown) or intentionally damaged whether intentionally or by not complying with the precautions listed under the section “Taking Care of Your Surface Go” is the responsibility of the student and parent involved in the loss of property. The user will not be given another device or accessory to use until the replacement cost of the lost/damaged device or accessory is paid to the school.
Previous Language: TECHNOLOGY MAINTENANCE & EXTENDED WARRANTY (TMEW)
CURRENT
NEW (added Tablet and Screen replacement Cost))
Current Language: Surface GO AGREEMENT (Loss or damage)
Previous
If the property is accidentally damaged or incurs loss due to an act of nature, BCAHS will assess the Surface GO damage and repair or replace the device under the accidental loss or damage policy. If the property is stolen, a police report must be filed by the student or student’s parents/guardian involved in the loss of property. Loss or theft of the property must be reported to the School by the next school day after the occurrence. Fraudulent reporting of theft will be turned over to the police for prosecution.
NEW
If the property is accidentally damaged or incurs loss due to an act of nature, BCAHS will assess the Surface GO damage and repair or replace the device under the accidental loss or damage policy. A Surface GO or any of its accessories that are damaged whether intentionally or by not complying with the precautions listed under the section “Taking Care of Your Surface Go” is the responsibility of the student and parent involved in the loss of property.
Activities and Athletics:
BCAHS Equestrian Drill Team - Are you interested in learning more about the BA Drill Team? Are you interested in trying out? Send an email (from your Bristol Aggie email account) to Mrs. Bosworth at cbosworth@bcahs.com to get answers to any of your questions and/or get the paperwork necessary to try out. Tryouts are September 13th and 15th from 3-5pm. Paperwork is due by Friday September 9th.
Fall spring sports are underway!
1st Week of School-A Week
Monday, August 29- No School- Teachers 1st Day Back
Tuesday, August 30- Teachers 2nd Day Back
Wednesday, August 31-1st Day of School
Report to the gym for our Welcome Back Assembly
Thursday, September 1
Class Assemblies (Expectations and ALICE protocols in Student Commons)
Period 1: No assemblies
Report to class for attendance. An announcement will be made for students and teachers to report to the Student Commons.
Period 2: Seniors
Period 3: Juniors
Period 6: Sophomores
Period 7: Freshman
Friday, September 2- No School- Labor Day extended weekend