NON-DISCRIMINATION (STUDENTS)

Protected Class Discrimination Prohibited:

The Meriden Board of Education (the “Board”) complies with all laws prohibiting the exclusion of any person from any of its educational programs or activities, or the denial to any person of the benefits of any of its educational programs or activities, including all academic, extra-curricular, and school-sponsored activities, on the basis of any protected characteristic (or protected class) including race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, gender identity or expression, veteran status, status as a victim of domestic violence or any other basis prohibited by state or federal law (“Protected Class”), subject to the conditions and limitations established by law.  When the Board has created a limited public forum, the Board shall provide equal access to the Boy Scouts and other groups as required by law.

            It is the policy of the Board that any form of discrimination or harassment on the basis of an individual’s actual or perceived membership in a Protected Class, whether by students, Board employees, Board members, or third parties subject to the control of the Board, is prohibited in the Meriden Public Schools (the “District”).  The Board’s prohibition of discrimination or harassment in its educational programs or activities expressly extends to academic, nonacademic, and extracurricular activities, including athletics. 

Retaliation Prohibited:        

The Board further prohibits reprisal or retaliation against any individual who reports incidents in good faith that may be a violation of this policy, or who participates in the investigation of such reports.

Discrimination on the Basis of Protected Class Association Prohibited:

Discrimination and/or harassment against any individual on the basis of that individual’s association with someone in a Protected Class may also be considered a form of Protected Class discrimination and/or harassment and is therefore prohibited by this policy.

Scope and Applicability:

Students, Board employees, Board members, and community members (e.g., other individuals affiliated with the District, accessing or seeking access to District facilities) are expected to adhere to a standard of conduct that is respectful of the rights of all members of the school community.  

Definitions:

The following definitions apply for purposes of this policy:

A.  Discrimination:

With respect to students, unlawful discrimination occurs when a student is denied participation in, or the benefits of, a program or activity of the Board because of such student’s actual or perceived membership in a Protected Class.

B. Harassment:

Harassment is a form of Protected Class discrimination that is prohibited by law and by this policy.  Harassment constitutes unlawful discrimination when it creates a hostile environment, which occurs when the harassment is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by the District.

The following non-exhaustive list provides examples of the types of prohibited conduct that may be considered Protected Class harassment that can lead to a hostile environment, and are therefore prohibited by this policy:

• objectively offensive racial, ethnic, or religious epithets (or epithets commonly associated with any Protected Class membership);
• other words or phrases commonly considered demeaning or degrading on the basis of Protected Class membership;
• display of images or symbols commonly associated with discrimination against individuals on the basis of their membership in a Protected Class;
• graphic, written or electronic communications that are harmful, or humiliating based on Protected Class membership;
• bigoted conduct or communications; or
• physical, written, electronic or verbal threats based on Protected Class membership.

Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  

Sexual harassment is a form of harassment that is prohibited by law and Board Policy 5020, Policy Regarding Title IX of the Education Amendments of 1972 – Prohibition of Sex Discrimination and Sexual Harassment (Students).  For more information regarding harassment based on sex, sexual orientation, pregnancy, or gender identity or expression, contact the District’s Title IX Coordinator at:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450

C. Veteran:

A veteran is any person honorably discharged from, released under honorable conditions from or released with an other than honorable discharge based on a qualifying condition from, active service in, the United States Army, Navy, Marine Corps, Coast Guard and Air Force and any reserve component thereof, including the Connecticut National Guard.  “Qualifying condition” means (i) a diagnosis of post-traumatic stress disorder or traumatic brain injury made by an individual licensed to provide health care services at a United States Department of Veterans Affairs facility, (ii) an experience of military sexual trauma disclosed to an individual licensed to provide health care services at a United States Department of Veterans Affairs facility, or (iii) a determination that sexual orientation, gender identity or gender expression was more likely than not the primary reason for an other than honorable discharge, as determined in accordance with Conn. Gen. Stat. §§ 27-103(c), (d).

 D.Gender identity or expression:

Gender identity or expression refers to a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose.

E. Sexual Orientation:

Sexual orientation refers to a person’s identity in relation to the gender or genders to which they are romantically, emotionally or sexually attracted, inclusive of any identity that a person (i) may have previously expressed, or (ii) is perceived by another person to hold.

F.  Race:

            The term race is inclusive of ethnic traits historically associated with race, including but not limited to, hair texture and protective hairstyles.  “Protective hairstyles” includes, but is not limited to, wigs, headwraps, and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros, and afro puffs.

G.  Domestic Violence:

The term domestic violence means (1) a continuous threat of present physical pain or physical injury against a family or household member, as defined in Conn. Gen. Stat. § 46b-38a; (2) stalking, including but not limited to, stalking as described in Conn. Gen. Stat. § 53a-181d, of such family or household member; (3) a pattern of threatening, including but not limited to, a pattern of threatening as described in Conn. Gen. Stat. § 53a-62, of such family or household member or a third party that intimidates such family or household member; or (4) coercive control of such family or household member, which is a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty. “Coercive control” includes, but is not limited to, unreasonably engaging in any of the following: (a) isolating the family or household member from friends, relatives or other sources of support; (b) depriving the family or household member of basic necessities; (c) controlling, regulating or monitoring the family or household member's movements, communications, daily behavior, finances, economic resources or access to services; (d) compelling the family or household member by force, threat or intimidation, including, but not limited to, threats based on actual or suspected immigration status, to (i) engage in conduct from which such family or household member has a right to abstain, or (ii) abstain from conduct that such family or household member has a right to pursue; (e) committing or threatening to commit cruelty to animals that intimidates the family or household member; or (f) forced sex acts, or threats of a sexual nature, including, but not limited to, threatened acts of sexual conduct, threats based on a person's sexuality or threats to release sexual images.

Biased Conduct:

The Board recognizes that certain student conduct or communications may be indicative of bias towards individuals who are members of a Protected Class, even when such conduct or communications do not rise to the level of discrimination and/or harassment.  The Board directs the District administration to address any such biased conduct or communications in a manner consistent with the Board’s legal obligations under state and federal law and Board policy, including free speech considerations, in order to promote a school environment that is welcoming and safe for all individuals.

Reporting to District Officials:

            It is the policy of the Board to provide for the prompt and equitable resolution of complaints alleging Protected Class discrimination or harassment.

            Any student, staff member and/or parent/guardian who believes a student has experienced Protected Class discrimination or harassment or an act of retaliation or reprisal in violation of this policy should report such concern in writing to the Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450 in accordance with the Board’s complaint procedures included in the Board’s Administrative Regulations Regarding Non-Discrimination/Students, which accompany this policy and are available online at www.meridenk12.org or upon request from the main office of any District school.  Students are encouraged to immediately report concerns about  Protected Class discrimination, harassment, or retaliation.

Students may make verbal or written reports about Protected Class discrimination, harassment, or retaliation to any school employee.

            If a complaint involves allegations of discrimination or harassment of a student based on sex, sexual orientation, pregnancy, or gender identity or expression, such complaints will be handled in accordance with the procedures set forth in Board Policy # 5020, Policy Regarding Title IX of the Educational Amendments of 1972 – Prohibition of Sex Discrimination and Sexual Harassment (Students).  Complaints involving allegations of discrimination or harassment of a student based on disability will be addressed in accordance with the procedures set forth in Board Policy #5010, Section 504/ADA (Students).  In the event reported conduct allegedly violates more than one policy, the Board will coordinate any investigation in compliance with the applicable policies.

Mandatory Staff Reporting for Student Incidents:

District employees are required to report incidents of alleged student-to-student and employee-to-student discrimination, harassment, or retaliation that may be based on a Protected Class when District employees witness such incidents or when District employees receive reports or information about such incidents, whether such incidents are verbal or physical or amount to discrimination, harassment or retaliation in other forms. Reports should be made to any District administrator or to:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450

Remedial Action:

If the District makes a finding of discrimination, harassment or retaliation of a student, the District will take remedial action designed to:

1. eliminate the discriminatory/harassing/retaliatory conduct,
2. prevent its recurrence, and
3. address its effects on the complainant and any other affected individuals.

Examples of appropriate action may include, but are not limited to:

1. In the case of a student respondent, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, discipline (including but not limited to suspension and/or expulsion), educational interventions, exclusion from extra-curricular activities and/or sports programs, and/or referral to appropriate state or local agencies;
2. In the case of an employee respondent, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, supervisor notification, discipline (including possible termination of employment), training, and/or referral to appropriate state or local agencies;
3. In the case of the respondent who is otherwise associated with the school community, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, exclusion from school property and/or activities and/or referral to appropriate state or local agencies;
4. Follow-up inquiries with the complainant and witnesses to ensure that the discriminatory/harassing conduct has stopped and that they have not experienced any retaliation;
5. Supports for the complainant; and
6. Training or other interventions for the larger school community designed to ensure that students, staff, parents, Board members and other individuals within the school community understand the types of behavior that constitute discrimination/harassment, that the District does not tolerate it, and how to report it.

            District staff members and administrators will work with students and parents/guardians to take steps designed to prevent acts of discrimination, harassment and retaliation.

Reporting to State and Federal Agencies:

            In addition to reporting to the Board, any student and/or parent/guardian also may file a complaint with the following agencies:

Office for Civil Rights, U.S. Department of Education (“OCR”):

Office for Civil Rights, Boston Office

U.S. Department of Education

8th Floor

5 Post Office Square

Boston, MA  02109- 3921

(617-289-0111)

http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Connecticut Commission on Human Rights and Opportunities:

Connecticut Commission on Human Rights and Opportunities

450 Columbus Blvd.

Hartford, CT 06103-1835

(860-541-3400 or Connecticut Toll Free Number 1-800-477-5737)

Questions/Requests for Accommodation:

Any parent, student, staff member, Board member or community member who:

1. has questions or concerns about this policy or its accompanying regulations;
2. wishes to request or discuss accommodations for a student based on religion;

may contact:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450

            Any parent, student, staff member, Board member or community member who has questions or concerns about the Board’s policies regarding discrimination or harassment of students on the basis of gender/sex, gender identity, pregnancy or sexual orientation may contact the District’s Title IX Coordinator:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450

Any parent, student, staff member, Board member, or community member who:

1. has specific questions or concerns about the Board’s policies regarding discrimination on the basis of disability applicable to students; OR
2. wishes to request an accommodation for a student on the basis of disability may contact the District’s Section 504/ADA Coordinator:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450

Legal References:

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, et seq.

Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905

Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq.

Connecticut General Statutes § 1-1n, “Gender Identity or Expression” defined

Connecticut General Statutes § 10-15c

Connecticut General Statutes § 27-103

Connecticut General Statutes § 46a-51, Definitions

Connecticut General Statutes § 46a-58, Deprivation of rights

Connecticut General Statutes § 46b-1, Family relations matters and domestic violence defined

Public Act No. 23-145, “An Act Revising the State’s Antidiscrimination Statutes”  

ADOPTED:    April 28, 1981

Amended:       December 18, 2018

Amended:       November 19, 2019

Amended:       April 20, 2021

Amended:

Previous Policy Number AD-R (3)

Cross-referenced:        Policy 5020, Students/Sex Discrimination and Harassment

                                    Policy 5010, Section 504/ADA

/uploads/5000_E-_Complaint_Form.pdf  Please click on this link to access the Discrimination Complaint Form (Students

ADMINISTRATIVE REGULATIONS REGARDING DISCRIMINATION COMPLAINTS (STUDENTS)

Protected Class Discrimination Prohibited:

The Meriden Board of Education (the “Board”) complies with all laws prohibiting the exclusion of any person from any of its educational programs or activities, or the denial to any person of the benefits of any of its educational programs or activities, on the basis of any protected characteristic (or protected class) including race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, gender identity or expression, veteran status, status as a victim of domestic violence or any other basis prohibited by state or federal law (“Protected Class”), subject to the conditions and limitations established by law.  When the Board has created a limited public forum, the Board shall provide equal access to the Boy Scouts and other groups as required by law.

It is the policy of the Board that any form of discrimination or harassment on the basis of an individual’s actual or perceived membership in a Protected Class, whether by students, Board employees, Board members or third parties subject to the control of the Board, is prohibited in the Meriden Public Schools (the “District”) 

Retaliation Prohibited:

The Board further prohibits reprisal or retaliation against any individual who reports incidents in good faith that may be a violation of this policy, or who participates in the investigation of such reports.

The District will not tolerate any reprisals or retaliation that occur as a result of the good faith reporting of charges of Protected Class discrimination or harassment.  Any such reprisals or retaliation may result in disciplinary action against the retaliator, and other corrective actions as appropriate.

Discrimination on the Basis of Protected Class Association Prohibited:

Discrimination and/or harassment against any individual on the basis of that individual’s association with someone in a Protected Class may also be considered a form of Protected Class discrimination and/or harassment.

Scope and Applicability:

Students, Board employees, Board members and community members (e.g., other individuals affiliated with the District, accessing or seeking access to District facilities) are expected to adhere to a standard of conduct that is respectful of the rights of all members of the school community.  

It is also the policy of the Board to provide for the prompt and equitable resolution of complaints alleging Protected Class discrimination or harassment.  The District will investigate both formal and informal complaints of discrimination, harassment or retaliation.

The following non-exhaustive list provides examples of the type of prohibited conduct that may be considered Protected Class harassment that can lead to a hostile environment, and are therefore prohibited:

• objectively offensive racial, ethnic, or religious epithets (or epithets commonly associated with any Protected Class membership);
• other words or phrases commonly considered demeaning or degrading on the basis of Protected Class membership;
• display of images or symbols commonly associated with discrimination against individuals on the basis of their membership in a Protected Class;
• graphic, written or electronic communications that are harmful, or humiliating based on Protected Class membership;
• bigoted conduct or communications; or
• physical, written, electronic or verbal threats based on Protected Class membership.

Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  

Reporting to District Officials:

Any student, staff member and/or parent/guardian who believes a student has experienced Protected Class discrimination or harassment or an act of retaliation or reprisal in violation of Board policy should report such concern in writing to the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, Ct 06450 in accordance with the Board’s complaint procedures included in these Administrative Regulations Regarding Non-Discrimination/Students. 

If a complaint involves allegations of discrimination or harassment of a student based on sex, sexual orientation, pregnancy, or gender identity or expression, such complaints will be handled in accordance with the procedures set forth in Board Policy # 5020, Policy Regarding Title IX of the Educational Amendments of 1972 – Prohibition of Sex Discrimination and Sexual Harassment (Students).  Complaints involving allegations of discrimination or harassment of student based on disability will be addressed in accordance with the procedures set forth in Board Policy # 5010, Section 504/ADA (Students).  In the event reported conducted allegedly violates more than one policy, the Board will coordinate any investigation in compliance with the applicable policies.

Students are encouraged to immediately report any concerns about Protected Class discrimination, harassment, or retaliation. 

Students may make verbal or written reports about Protected Class discrimination, harassment, or retaliation to any school employee.

 Preferably, complaints should be filed within thirty (30) days of the alleged occurrence.  Timely reporting of complaints facilitates the investigation and resolution of such complaints.  The District will investigate such complaints promptly and equitably, and will take corrective action when allegations are verified. 

Mandatory Staff Reporting for Student Incidents:

District employees are required to report incidents of alleged student-to-student and employee-to-student discrimination, harassment or retaliation that may be based on a Protected Class when District employees witness such incidents or when District employees receive reports or information about such incidents, whether such incidents are verbal or physical or amount to discrimination, harassment or retaliation in other forms. Reports should be made to any District administrator or to:

 Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173

Complaint Procedure

As soon as a student feels that they, or another student has been subjected to Protected Class discrimination, harassment or retaliation, the individual should make a written complaint to Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173 or to the building principal, or designee. 

Students may make verbal or written reports about Protected Class discrimination, harassment, or retaliation to any school employee.  School employees receiving such reports shall promptly forward them to any District administrator or to the Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173

The student and/or parent/guardian or other individual will be provided a copy of the Board’s policy and regulation and made aware of the student’s rights under this policy and regulation.  In the event the Office of the Assistant Superintendent for Finance and Operations receives a complaint alleging discrimination or harassment of a student based on sex, sexual orientation, pregnancy, or gender identity or expression, the Office of the Assistant Superintendent for Finance and Operations shall follow the procedures identified in Board Policy 5020, Policy Regarding Title IX of the Educational Amendments of 1972 – Prohibition of Sex Discrimination and Sexual Harassment (Students).  In the event the Office of the Assistant Superintendent for Finance and Operations receives a complaint alleging discrimination or harassment of a student based on disability, the Assistant Superintendent for Finance and Operations shall follow the procedures identified in Board Policy # 5010, Section 504/ADA (Students).

The complaint should state the:

1. Name of the complainant,

2. Date of the complaint,

3. Date(s) of the alleged harassment/discrimination,

4. Name(s) of the harasser(s) or discriminator(s),

5. Location where such harassment/discrimination occurred,

6. Names of any witness(es) to the harassment/discrimination,

7. Detailed statement of the circumstances constituting the alleged harassment/discrimination; and

Proposed remedy.

Any student and/or parent/guardian or other individual who makes an oral complaint of discrimination or harassment of a student to any of the above-mentioned personnel will be provided a copy of this regulation and will be requested to make a written complaint pursuant to the above procedure.  If a student (or individual acting on behalf of the student) is unable to make a written complaint, the school employee receiving the oral complaint will either reduce the complaint to writing or assist the student (individual acting on behalf of the student) in completing the written complaint form or ask a District administrator for assistance in doing so. 

All complaints are to be forwarded immediately to the Superintendent or designee.  Upon receipt of a complaint alleging discrimination or harassment of a student under this complaint procedure, the Superintendent shall designate a District administrator (or other trained individual) to promptly investigate the complaint.  During the course of the investigation, the investigator shall interview or consult with all individuals reasonably believed to have relevant information, including the individual alleged to have experienced Protected Class discrimination and/or harassment (the “complainant”), the reporter (if different from the complainant) the alleged discriminator/harasser (“respondent”) and any witnesses to the conduct.  Complaints will be investigated promptly within the timeframes identified below.  Timeframes may be extended as needed given the complexity of the investigation, availability of individuals with relevant information and/or other extenuating circumstances.  Confidentiality will be maintained by all persons involved in the investigation to the extent possible to the extent consistent with principles of due process, as determined by the investigator.

Upon receipt of a written complaint of discrimination or harassment of a student, the investigator should:

1. Offer to meet with the complainant (and respondent, if applicable) within ten (10) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants, the complexity of the investigation, and/or other extenuating circumstances) to discuss the nature of the complaint, discuss the availability of interim measures, identify individuals the complainant or respondent believes has relevant information, and obtain any relevant documents the complainant or respondent may have;

2. Provide the complainant (and respondent, if applicable) with a copy of the Board’s non-discrimination policy and accompanying regulations;

3. Conduct an investigation that is adequate, reliable, and impartial. Investigate the factual basis of the complaint, including, as applicable, conducting interviews with the parties to the complaint and any relevant witnesses or other individuals deemed relevant to the complaint;

4. Review any records, notes, statements, or other documents relevant to the complaint;

5. Maintain confidentiality to the extent practicable throughout the investigative process, in accordance with state and federal law;

6. Complete a final investigation report that includes: (i) a findings of fact based on the evidence gathered; (ii) for each allegation, the conclusion(s) and reasoning(s) as to whether the discrimination or harassment occurred; and (iii) for any individual(s) found to have engaged in discrimination or harassment, a broad statement of consequences imposed (to the extent permitted by state and federal confidentiality requirements) (i.e. “Consequences were imposed.”).

7. Communicate the outcome of the investigation in writing to the complainant (and respondent, if applicable) (to the extent permitted by state and federal confidentiality requirements), within thirty (30) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants, the complexity of the investigation, and/or other extenuating circumstances) from the date the complaint was received by the Superintendent’s office. The complainant (and respondent, if applicable) shall be notified of any extension of the investigation timeline. The written notice shall include a finding whether the complaint was substantiated and if so, shall identify, to the extent possible, how the District will remedy the discrimination or harassment, adhering to the requirements of state and federal law;

8. If a complaint is made during summer recess, the complaint will be reviewed and addressed as quickly as possible given the availability of employees and/or other individuals who may have information relevant to the complaint. If fixed timeframes cannot be met, the complainant (and respondent, if applicable) will receive notice and interim measures may be implemented as necessary (see sub-paragraph 6);

9. Whenever allegations are verified, ensure that appropriate corrective action is taken (including, but not limited to, disciplinary action) aimed at preventing the recurrence of the discrimination or harassment. Corrective action should include steps designed to avoid continuing discrimination or harassment;

10. If a complainant or a respondent is not satisfied with the findings and conclusions of the investigation, the complainant (and/or respondent, if applicable) may present the complaint and written outcome to the Superintendent within thirty (30) calendar days of receiving the findings. Upon review of a written request from the complainant (and/or respondent, if applicable), the Superintendent shall review the investigative results of the investigator and determine if further action and/or investigation is warranted.  Such action may include consultation with the investigator and complainant (and/or respondent, if applicable), a meeting with appropriate individuals to attempt to resolve the complaint, or a decision affirming or overruling the investigator’s conclusions or findings.  The Superintendent shall provide written notice to the complainant (and respondent, if applicable) of the proposed actions within thirty (30) business days (provided that such timeframe may be reasonably extended based on the availability of necessary witnesses and/or participants, the complexity of the investigation, and/or other extenuating circumstances) following the receipt of the written request for review.

Remedial Action:

If the District makes a finding of discrimination, harassment or retaliation of a student, the District will take remedial action designed to:

1. eliminate the discriminatory/harassing/retaliatory conduct,
2. prevent its recurrence, and
3. address its effects on the complainant and any other affected individuals.

Examples of appropriate action may include, but are not limited to:

1. In the case of a student respondent, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, discipline (including but not limited to suspension and/or expulsion), educational interventions, exclusion from extra-curricular activities and/or sports programs, and/or referral to appropriate state or local agencies;
2. In the case of an employee respondent, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, supervisor notification, discipline (including possible termination of employment), training, and/or referral to appropriate state or local agencies;
3. In the case of respondent who is otherwise associated with the school community, interventions for the individual who engaged in the discrimination/harassment may include, but are not limited to, exclusion from school property and/or activities and/or referral to appropriate state or local agencies;
4. Follow-up inquiries with the complainant and witnesses to ensure that the discriminatory/harassing conduct has stopped and that they have not experienced any retaliation;
5. Supports for the complainant; and
6. Training or other interventions for the larger school community designed to ensure that students, staff, parents, Board members and other individuals within the school community understand the types of behavior that constitute discrimination/harassment, that the District does not tolerate it, and how to report it.

District staff members and administrators will work with students and parents/guardians to take steps designed to prevent acts of discrimination, harassment and retaliation.

Staff Development:

The District will periodically provide staff development for District administrators and periodically distribute the Board’s Non-Discrimination policies and the implementing administrative regulations to staff, students and parents in an effort to maintain an environment free of discrimination, harassment and retaliation. 

Reporting to State and Federal Agencies:

Any student and/or parent/guardian also may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):

Office for Civil Rights, Boston Office

U.S. Department of Education

8th Floor

5 Post Office Square

Boston, MA  02109- 3921

(617-289-0111)

http://www2.ed.gov/about/offices/list/ocr/docs/howto.html

Any student and/or parent/guardian may also file a complaint with the Connecticut Commission on Human Rights and Opportunities:

Connecticut Commission on Human Rights and Opportunities

450 Columbus Blvd.

Hartford, CT 06103-1835

(860-541-3400 or Connecticut Toll Free Number 1-800-477-5737)

Questions/Requests for Accommodation:                       

Any parent, student, staff member, Board member or community member who:

1. has questions or concerns about this policy or its accompanying regulations;
2. wishes to request or discuss accommodations for a student based on religion; may contact:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173 

            Any parent, student, staff member, Board member or community member who has questions or concerns about the Board’s policies regarding discrimination or harassment of students on the basis of gender/sex, gender identity, or sexual orientation may contact the District’s Title IX Coordinator:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173                       

Any parent, student, staff member, Board member or community member who:

1. has specific questions or concerns about the Board’s policies regarding discrimination on the basis of disability applicable to students; OR
2. wishes to request an accommodation for a student on the basis of disability

may contact the District’s Section 504/ADA Coordinator:

Office of the Assistant Superintendent for Finance and Operations, Meriden Public Schools, 22 Liberty Street, Meriden, CT 06450.  Tel. 203-630-4173

11/20/2023

GOALS FOR STUDENTS

The Board and staff shall work together to establish for each student an environment conducive to learning and shall aspire to the following goals regarding students:

to provide a student-centered learning environment to meet the individual needs of each student according to his or her specific background, capabilities, learning style, interests and aspirations;

to provide an educational program which will lead to college and career readiness for all students;

to provide a technology and resource-rich learning environment;

to provide opportunities for learning outside the traditional classroom and school building (e.g., online courses, independent study, internships and externships);

to protect and observe the legal rights of students;

to enhance the self-image of each student through a learning environment which provides positive encouragement and guidance for success;

to provide an environment in which students can learn personal and civic responsibility through meaningful experiences as school citizens;

to deal with students in matters of discipline in a just and constructive manner;

to provide in every feasible way for the safety, health and welfare of students; and

to promote in students faithful attendance and pride in their work.

Date Approved:          April 28, 1981

Amended:                    August 19, 2014

Previous Policy Number: IA 

POLICY REGARDING STUDENTS AND

SECTION 504 OF THE REHABILITATION ACT OF 1973 AND

TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination against individuals with a disability in any program receiving Federal financial assistance.  Similarly, Title II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) prohibits discrimination against individuals with a disability by state and local governments.  To be protected under Section 504 and the ADA (“collectively, “Section 504/ADA”), an individual must (1) have a physical or mental impairment that substantially limits one or more major life activities; (2) have a record of such an impairment; or (3) be regarded as having such an impairment. 

In order to fulfill its obligation under Section 504/ADA, the Meriden Public Schools recognize a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents/guardians and members of the public who participate in school sponsored programs.  In this regard, the Meriden  Public Schools prohibit discrimination against any person with a disability in any of the services, programs or activities of the school system. 

The school district has specific responsibilities under Section 504 to identify, evaluate and provide an educational placement for students who have a physical or mental impairment that substantially limits a major life activity.  The school district’s obligation includes providing access to a free appropriate public education (“FAPE”) for students determined to be eligible under Section 504/ADA.  Under Section 504, FAPE is defined as the provision of regular or special education and related services that are designed to meet the individual educational needs of a student with a disability as adequately as the needs of students without disabilities are met, and that are provided without cost (except for fees imposed on nondisabled students/parents). 

If the parent/guardian of a student disagrees with the decisions made by the professional staff of the school district with respect to the identification, evaluation or educational placement of his/her child, the parent/guardian has a right to request an impartial due process hearing.

In addition, a student or parent/guardian of a student may also file an internal grievance/complaint on these issues or any other type of discrimination on the basis of disability by or within the district by utilizing the grievance/complaint procedures outlined in the Board’s Administrative Regulations Regarding Students and Section 504 of Rehabilitation Act of 1973 and Title II of Americans with Disabilities Act, and/or may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):

Office for Civil Rights, Boston Office

U.S. Department of Education

8^th Floor

5 Post Office Square

Boston, MA  02109- 3921

(617) 289-0111

Anyone who wishes to file a grievance/complaint with the district, or who has questions or concerns about this policy, should contact the Senior Director of Student Supports and Special Education,22 Liberty Street, Meriden, CT 06450 at phone number 203-630-4177.

Legal References:      

29 U.S.C. §§ 705, 794

34 C.F.R. Part 104

42 U.S.C. § 12101 et seq.

28 C.F.R. Part 35

Protecting Students with Disabilities, Frequently Asked Questions About Section 504 and the Education of Children with Disabilities, Office for Civil Rights (March 17, 2011), available at http://www.ed.gov/about/offices/list/ocr/504faq.html

Dear Colleague Letter, United States Department of Education, Office for Civil Rights (January 19, 2012)

Date Adopted:  April 28, 1981

AMENDED:  November 19, 2019

Please click on this link.

/uploads/5010-E_Section_504_ReferralForm.pdf

ADMINISTRATIVE REGULATIONS REGARDING STUDENTS

AND SECTION 504 OF THE REHABILITATION ACT OF 1973

AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT OF 1990

[The following administrative procedures are not part of the Section 504/ADA policy.  However, because school districts are required by law to have procedures related to § 504 complaints, this model is included for your convenience.  Reference to ADA is also included in these regulations because there is overlap between § 504 and the ADA.]

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and Title II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) (collectively, “Section 504/ADA”) prohibit discrimination on the basis of disability.  For the purposes of Section 504/ADA, the term “disability” with respect to an individual means: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment. 

1. Definitions

Free appropriate public education (FAPE): for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met, that are provided without cost (except for fees imposed on nondisabled students/parents), and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards.

Major life activities:  include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.  A major life activity also includes the operation of a major bodily function, such as the functions of the immune system, special sense organs and skin, normal cell growth, and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems.  The operation of a major bodily function includes the operation of an individual organ within a body system.

Mitigating Measures:  include, but are not limited to, (a) medication, medical supplies, equipment, appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing devices, mobility devices, oxygen therapy equipment and supplies; (b) use of assistive technology; (c) reasonable modifications or auxiliary aids or services; (d) learned behavioral or adaptive neurological modifications; or (e) psychotherapy, behavioral therapy, or physical therapy.

Physical or Mental Impairment:  (a) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems, such as: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine; (b) any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability; or (c) an impairment that is episodic or in remission if it would substantially limit a major life activity when active.  Physical or mental impairment includes, but is not limited to, contagious and noncontagious diseases and conditions such as the following: orthopedic, visual, speech, and hearing impairments, and cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, emotional illness, dyslexia and other specific learning disabilities, Attention Deficit Hyperactivity Disorder, Human Immunodeficiency Virus infection (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

1. Procedures for Grievances/Complaints Alleging Discrimination on the Basis of Disability

A.  Any eligible person, including any student, parent/guardian, staff member or other employee who feels that he/she has been discriminated against on the basis of disability (including differential treatment, harassment and retaliation) may submit a written complaint to the district’s designated Section 504/ADA Coordinator (see contact information below) within thirty (30) school days of the alleged occurrence. Complaints by students and/or parents/guardians alleging discrimination involving students will be investigated under these procedures; complaints by employees or other non-students will be investigated under Administrative Regulation 4005. 

B.  Timely reporting of complaints facilitates the prompt investigation and resolution of such complaints. If a complaint is filed relating to alleged discrimination occurring more than thirty (30) school days after the alleged occurrence, the Board’s ability to investigate the allegations may be limited by the passage of time. Therefore, complaints received after thirty (30) school days of the alleged occurrence shall be investigated to the extent possible, given the passage of time and the impact on available information, witnesses and memory.  If a complaint is made verbally, the individual taking the complaint will reduce the complaint to writing. 

C.  At any time, when a complaint involves discrimination that is directly related to a claim regarding the identification, evaluation or educational placement of a student under Section 504, the complainant may request that the Section 504/ADA Coordinator submit the complaint directly to an impartial hearing officer and request a due process hearing in accordance with Section III.D. Complaints regarding a student’s rights with respect to his/her identification, evaluation or educational placement shall be addressed in accordance with the procedures set forth below in Section III.

D.  Retaliation against any individual who complains pursuant to the Board’s policy and regulations listed herein is strictly prohibited. The district will not tolerate any retaliation that occurs as a result of the good faith reporting or complaint of disability-based discrimination or as a result of an individual’s participation or cooperating in the investigation of a complaint.  The district will take necessary actions to prevent retaliation as a result of filing a complaint or the participation in an investigation of a complaint.  

[NOTE:  Districts should note that Section 504 does not provide a statute of limitations for filing grievances/complaints with the district.  We recommend that districts encourage prompt reporting by suggesting that complaints be filed within thirty (30) school days in order to facilitate timely resolution of potential disputes.]

E.  If the Section 504/ADA Coordinator is the subject of the complaint, the complaint should be submitted directly to the Superintendent who may conduct the investigation or appoint a designee to conduct the investigation in accordance with these procedures. If the Superintendent is the subject of the complaint, the Board shall designate an appropriate party to conduct the investigation in accordance with these procedures.

F.  Complaints will be investigated promptly. Timeframes may be extended as needed given the complexity of the investigation, availability of individuals with relevant information and other extenuating circumstances.  Confidentiality will be maintained by all persons involved in the investigation to the extent possible.

G.  If a disability discrimination complaint raises a concern about bullying behavior, the Section 504 Coordinator shall notify the Safe School Climate Specialist or designee who shall coordinate any bullying investigation with the Section 504 Coordinator, so as to ensure that any such bullying investigation complies with the requirements of applicable Board policies.

H.  The complaint should contain the following information:

1. The name of the complainant;
2. The date of the complaint;
3. The date(s) of the alleged discrimination;
4. The names of any witnesses or individuals relevant the complaint;
5. A detailed statement describing the circumstances in which the alleged discrimination occurred; and
6. The remedy requested.

                  However, all complaints will be investigated to the extent possible, even if such information is not included in the complaint.  In such circumstances, additional information may be requested by the investigator as part of the investigation process.

I.  Upon receipt of the complaint, the individual investigating the complaint shall:

1. Provide a copy of the written complaint to the Superintendent of Schools;
2. Meet separately with the complainant and the respondent within ten (10) school days to discuss the nature of the complaint, identify individuals the complainant and respondent believe have relevant information, and obtain any relevant documents the complainant may have;
3. Provide the complainant and the respondent with a copy of the applicable Board Section 504/ADA Policy and these administrative regulations;
4. Consider whether and which interim measures might be appropriate for an alleged victim and the respondent pending the outcome of the District’s investigation;
5. Conduct an investigation of the factual basis of the complaint that is adequate, reliable, and impartial, including conducting interviews with individuals with information and review of documents relevant to the complaint;
6. Maintain confidentiality to the extent practicable throughout the investigative process in accordance with state and federal law;
7. Communicate the outcome of the investigation in writing to the complainant, and to the respondent (to the extent permitted by state and federal confidentiality requirements), within fifteen (15) school days from the date the complaint was received by the Section 504/ADA Coordinator or Superintendent. The written notice shall include a finding whether the complaint was substantiated and if so, shall identify how the district will remedy any identified violations of Section 504/ADA.  The investigator may extend this deadline for no more than fifteen (15) additional school days if needed to complete the investigation.  The complainant and the respondent shall be notified of any such extension.
8. If a complaint is made during summer recess, the complaint will be reviewed and addressed as quickly as possible given the availability of staff and/or other individuals who may have information relevant to the complaint, and no later than fifteen (15) school days after the start of the following school year. The complainant and the respondent will receive notice if the investigation has been impeded by the summer recess, and interim measures may be implemented as necessary (see sub-paragraph 4);
9. Ensure that appropriate corrective action is taken whenever allegations are verified. When allegations are verified, ensure that measures to remedy the effects of the discrimination and prevent its recurrence are appropriately considered, and offered, when appropriate.  Corrective action should include steps to avoid continuing discrimination.
10. In the event the investigator concludes that there is no violation of Section 504/ADA, the district may attempt to resolve the complainant’s ongoing concerns, if possible.

J.  If the complainant or the respondent is not satisfied with the findings and conclusions of the investigation, the appealing party may request review and reconsideration of the conclusion of the complaint within thirty (30) days of receipt of the written outcome. In requesting review, the appealing party must submit the complaint, the written outcome of the complaint, and explain why he/she believes the factual information relied upon by the investigator was incomplete, the analysis of the facts was incorrect, and/or the appropriate legal standard was not applied, and how this information would change the investigator’s determination in the case.  Failure to provide all such information may result in the denial of the review.

            Upon review of a written request from the appealing party, the Superintendent shall review the investigative results of the investigator and determine if further action and/or investigation is warranted.  Such action may include consultation with the investigator and other relevant witnesses, a meeting with appropriate individuals to attempt to resolve the complaint or a decision affirming or overruling the investigator’s conclusions or findings.  The Superintendent shall provide written notice to the appealing party and the other party of his/her decision within ten (10) school days following the receipt of the written request for review.  When a written request for review is received during summer recess, the Superintendent conduct the review as quickly as possible given the availability of staff and/or other individuals who may have information relevant to the review, and no later than ten (10) school days after the start of the following school year.  The Superintendent’s decision shall be final.

III.       Grievance/Complaint Resolution Procedures for Complaints Involving a Student’s Identification, Evaluation or Educational Placement

Complaints regarding a student’s identification, evaluation or educational placement shall generally be handled using the procedures described below.  However, at any time, the complainant may request that the Section 504/ADA Coordinator submit the complaint directly to an impartial hearing officer, and request a hearing in accordance with the provisions of subsection D (below). 

1. Submission of Complaint to Section 504/ADA Coordinator

1. In order to facilitate the prompt investigation of complaints, any complaint regarding a student’s identification, evaluation or educational placement under Section 504 should be forwarded to the district’s Section 504/ADA Coordinator (see contact information below) within thirty (30) school days of the alleged date that the dispute regarding the student’s identification, evaluation and/or education placement arose.  Timely reporting of complaints facilitates the resolution of potential educational disputes.

[NOTE:  Districts should note that Section 504 does not provide a statute of limitations for filing complaints.  We recommend that districts encourage prompt reporting by suggesting that complaints be filed within thirty (30) days in order to facilitate timely resolution of educational disputes.]

2. The complaint concerning a student’s identification, evaluation or educational placement should contain the following information:

1. Full name of the student, age, and grade level;
2. Name of parent(s);
3. Address and relevant contact information for parent/complainant;
4. Date of complaint;
5. Specific areas of disagreement relating to the student’s identification, evaluation and/or placement; and
6. Remedy requested.

            However, all complaints will be investigated to the extent possible even if such information is not included in the written complaint.  In such circumstances, additional information may be requested by the investigator as part of the investigation process.

3. Complaints will be investigated promptly within timeframes identified below. Timeframes may be extended as needed given the complexity of the investigation, availability of individuals with relevant information and other extenuating circumstances. 

4. Upon receipt of the complaint, the Section 504/ADA Coordinator shall:

1. Forward a copy of the complaint to the Superintendent of Schools;

1. Meet with the complainant within ten (10) school days to discuss the nature of his/her concerns and determine if an appropriate resolution can be reached, or whether interim measures may be appropriate. If a complaint is made during summer recess, the complaint will be reviewed and addressed as quickly as possible given the availability of staff and other individuals who may have information relevant to the complaint, and no later than ten (10) school days after the start of the following school year;

1. If, following such a meeting, further investigation is deemed necessary, the Section 504/ADA Coordinator shall promptly investigate the factual basis for the complaint, consulting with any individuals reasonably believed to have relevant information, including the student and/or complainant; and

1. Communicate the results of his/her investigation in writing to the complainant and any persons named as parties to the complaint (to the extent permitted by state and federal confidentiality requirements) within fifteen (15) school days from the date the complaint was received by the Section 504/ADA Coordinator.

1. In the event that that the Section 504/ADA Coordinator has a conflict of interest that prevents him/her from serving in this role, the complaint shall be forwarded to the Superintendent who shall appoint an investigator who does not have a conflict of interest.

1. Review by Superintendent of Schools

1. If the complainant is not satisfied with the findings and conclusions of the investigation, the appealing party may present the complaint and written outcome to the Superintendent for review and reconsideration within thirty (30) calendar days of receiving the findings. This process provides an opportunity for the appealing party to bring information to the Superintendent’s attention that would change the outcome of the investigation.  In submitting the complaint and written outcome for review, the appealing party must explain why he/she believes the factual information relied upon by the investigator was incomplete, the analysis of the facts was incorrect, and/or the appropriate legal standard was not applied, and how this information would change the investigator’s determination in the case.  Failure to provide all such information may result in the denial of the review.

2. Upon review of a written request from the appealing party, the Superintendent shall review the investigative results of the investigator and determine if further action and/or investigation is warranted. Such action may include consultation with the investigator and other relevant witnesses, a meeting with appropriate individuals to attempt to resolve the complaint or a decision affirming or overruling the investigator’s conclusions or findings.  The Superintendent shall provide written notice to the appealing party of his/her decision within ten (10) school days following the receipt of the written request for review, or if the request is received during summer recess, as quickly as possible but no later than ten (10) school days after the start of the following school year.

3. If the complainant is not satisfied with the Superintendent’s decision or proposed resolution, he/she may request that the Superintendent submit the matter to a neutral mediator or to an impartial hearing officer. This request for mediation or a hearing should be made within fifteen (15) school days of the Superintendent’s decision. 
4. Mediation Procedures:

1. A parent/guardian or student aged 18 or older may request mediation with a neutral mediator to attempt to resolve a disagreement with the decisions made by the professional staff of the school district with respect to the identification, evaluation or educational placement of the student.

2. A request for mediation regarding a student’s identification, evaluation or educational placement under Section 504 should be forwarded to the district’s Section 504/ADA Coordinator within thirty (30) school days of the alleged date that the dispute regarding the student’s identification, evaluation, and/or education placement arose or within fifteen (15) school days of the Superintendent’s decision in reviewing a complaint handled through the grievance/complaint procedure described in Section III.B, above. Mediation shall only occur by mutual agreement of the parties.

3. The request for mediation concerning a disagreement relating to a student’s identification, evaluation or educational placement should contain the following information:

1. Full name of the student, age, and grade level;
2. Name of parent(s);
3. Address and relevant contact information for parent/complainant;
4. Date of complaint;
5. Specific areas of disagreement relating to the student’s identification, evaluation and/or placement; and
6. Remedy requested.

4. Upon receipt of a request for mediation, the Section 504/ADA Coordinator shall:

1. Forward a copy of the request for mediation to the Superintendent of Schools;
2. Inform the parent/guardian or student 18 years old or older as to whether the district agrees to mediation in writing;

• If the district agrees to mediation, the Board shall retain a neutral mediator who is knowledgeable about the requirements of Section 504/ADA and has an understanding of a free appropriate public education (“FAPE”) under Section 504 and the distinctions between and among Section 504, the ADA and the Individuals with Disabilities Education Act (“IDEA”).

1. If the district does not agree to mediation, the Section 504/ADA Coordinator shall inform the parent/guardian or student aged 18 or older of their right to request an impartial hearing.

5. The mediator shall inform all parties involved of the date, time and place of the mediation and of the right to have legal counsel or other representation at the complainant’s own expense, if desired.

6. The mediator shall meet with the parties jointly, or separately, as determined by the mediator, and shall facilitate a voluntary settlement of the dispute between the parties, if possible.

7. All statements, offers, or discussions and/or information shared during the mediation process, but not available from other means, shall be confidential, and may not be used in a subsequent hearing or other administrative or judicial proceeding related to the disagreement that is the subject of the mediation.

8. If the parties are not able to reach a voluntary settlement of the dispute, the complainant may request an impartial hearing, as described below.

1. Impartial Hearing Procedures:

An impartial due process hearing is available to a parent/guardian of a student, or a student aged 18 years of age or older who disagrees with the decisions made by the professional staff of the school district with respect to the identification, evaluation or educational placement of the student, or otherwise makes a claim of discrimination relating to the identification, evaluation or educational placement of the student.

1. The request for a due process hearing concerning a disagreement relating to a student’s identification, evaluation or educational placement should contain the following information:

1. Full name of the student, age, and grade level;
2. Name of parent(s);
3. Address and relevant contact information for parent/complainant;
4. Date of complaint;
5. Specific areas of disagreement relating to the student’s identification, evaluation and/or placement; and
6. Remedy requested.

2. Upon receipt of a request for an impartial due process hearing, the Board shall retain an impartial hearing officer. The impartial hearing officer must be someone who is knowledgeable about the requirements of Section 504/ADA and has an understanding of a free appropriate public education (“FAPE”) under Section 504 and the distinctions between and among Section 504, the ADA and the Individuals with Disabilities Education Act (“IDEA”).

3. The impartial hearing office shall schedule a pre-hearing conference with the District and the parent(s) or student aged 18 years of age or older (and/or legal counsel for the student) to identify the issue(s) for hearing, set the hearing schedule and address other administrative matters related to the hearing, including the option for mediation.

4. The impartial hearing officer shall inform all parties involved of the date, time and place of the hearing and of the right to present witnesses, other evidence and to be represented by legal counsel at each party’s own expense, if desired.

5. The impartial hearing officer shall hear all aspects of the complainant’s complaint concerning the identification, evaluation or educational placement of the student and shall reach a decision within forty-five (45) school days of receipt of the request for hearing. The decision shall be presented in writing to the complainant and to the Section 504/ADA Coordinator.  The impartial hearing officer’s decision shall be final.

6. An impartial hearing officer under Section 504 does not have jurisdiction to hear claims alleging discrimination, harassment or retaliation based on an individual’s disability unless such a claim is directly related to a claim regarding the identification, evaluation, or educational placement of a student under Section 504.

7. The time limits noted herein may be extended for good cause shown for reasons including, but not limited to, permitting more time for thorough review of the record, presentation of evidence or opportunity for resolution.

1. Drug/Alcohol Violations

           If a student with a disability violates the Board’s policies relative to the use or possession of illegal drugs or alcohol, the Board may take disciplinary action against such student for his/her illegal use or possession of drugs or alcohol to the same extent that the Board would take disciplinary action against nondisabled students.  Such disciplinary action is not subject to the complaint or due process procedures outlined above.

1. The Section 504/ADA Coordinator for this district is:

Director of the Office of Pupil Personnel Programs

Meriden Public Schools

22 Liberty Street

Meriden, CT 06450

Telephone: 203-630-4177

1. Complaints to Federal Agencies

At any time, the complainant has the right to file a formal complaint with the U.S. Department of Education, Office for Civil Rights, 8^th Floor, 5 Post Office Square, Suite 900, Boston, MA  02109-0111 (TELEPHONE NUMBER (617) 289-0111); http://www2.ed.gov/about/offices/list/ocr/docs/howto.html. 

November 6, 2013

April 28, 2015

November 19, 2019

/uploads/Exhibit_5010_1_E_Section_504_MeetingNoticeForm.pdf

/uploads/5010-10-E_Section_504_WorksheetManifestationDetermination.pdf

                                                                                                                        Regulation 5010.11 (E)

[School districts are required by law to provide notice of parent/student rights under § 504.  Reference to ADA is also included in this notice because there is overlap between § 504 and the ADA.  This suggested notice is not part of the model policy, but must be disseminated annually to parents.  We recommend inclusion of this notice within your student handbook.]

/uploads/5010-11_E-Notice_of_Parent-Student_Rights__Section_504.pdf

11/19/2019

SECTION 504/ADA EMPLOYEE REQUEST FOR ACCOMMODATION

/uploads/Exhibit_5010_2_E_Section_504.pdf

/uploads/Exhibit_5010_3_E_Section_504_StudentEligibilityDeterminationWorksheet.pdf

/uploads/Exhibit_5010_4_E_Secton_504_StudentEligibilityDeterminationWorksheetMeetingSummary.pdf

/uploads/Exhibit_5010_5_E_Section_504_RequestMediationHearingForm.pdf

/uploads/Exhibit_5010_6_E_Section_504-ADA_GrievanceComplaintForm.pdf

/uploads/Exhibit_5010_7_E_Section_504Plan_Agreement_to_ChangeSection_504Plan.pdf

/uploads/5010-8_E_Section_504_Notice_Consent_Conduct_a_Section504.pdf

/uploads/Exhibits_5010_9-E-Section_504_NoticePlacementSection504_Accommodations.pdf

The Meriden Board of Education (the “Board”) and Meriden Public Schools (the “District”) do not discriminate on the basis of sex and prohibit sex discrimination in any education program or activity that the Board and/or District operate, as required by Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq. and its implementing regulations (“Title IX”), as it may be amended from time to time, Title VII of the Civil Rights Act of 1964 (“Title VII”), and Connecticut law.

Inquiries about Title IX may be referred to the District’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. The District’s Title IX Coordinator is:

District Title IX Coordinator (Students) 

Patricia Sullivan-Kowalski, Assistant Superintendent of Student Supports

22 Liberty Street, Meriden, CT 06450

203 630-4177

patricia.sullivan@meridenk12.org

The Superintendent of Schools shall develop and adopt grievance procedures that provide for the prompt and equitable resolution of complaints made (1) by students, employees, or other individuals who are participating or attempting to participate in the District’s education program or activity, or (2) by the Title IX Coordinator, alleging any action that would be prohibited by Title IX, Title VII, or Connecticut law (the “Administrative Regulations”). The Administrative Regulations are located on the Meriden Public Schools website under Policies 5020R as well as Equity Instruction: Title IX MPS Title IX Information.

Sex discrimination occurs when a person, because of the person’s sex, is denied participation in or the benefits of any education program or activity receiving federal financial assistance. This includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex discrimination includes sex-based harassment, as defined below. 

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is: 

1.  Quid pro quo harassment, or where an employee, agent or other person authorized by the Board to provide an aid, benefit or services under its education program or activity explicitly or impliedly conditions the provision of an aid, benefit, or service of the Board on an individual’s participation in unwelcome sexual conduct; 
2. Hostile environment harassment, or unwelcome sex-based conduct that based on the totality of the circumstances, is (1) subjectively and objectively offensive and (2) so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
1. the degree to which the conduct affected the complainant’s ability to access the District’s education program or activity; 
2. the type, frequency, and duration of the conduct; 
3. the parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; 
4. the location of the conduct and the context in which the conduct occurred; and 
5. other sex-based harassment in the District’s education program or activity; or
3. A specific offense, as follows: 
1. Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation; 
2. Dating violence, meaning violence committed by a person: (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship;
3. Domestic violence, meaning felony or misdemeanor crimes committed by a person who: (i) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of Connecticut, or a person similarly situated to a spouse of the victim; (ii) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (iii) shares a child in common with the victim; or (iv) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Connecticut; or
4. Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for the person’s safety or the safety of others; or (ii) suffer substantial emotional distress. 

Reporting Sex Discrimination:

The following people have a right to make a complaint of sex discrimination, including a complaint of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:

1. A “complainant,” which includes:
1. a student of the District or employee of the Board who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or
2. a person other than a student of the District or employee of the Board who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the Board’s education program or activity;

1. A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; and

1. The District’s Title IX Coordinator.

For clarity, a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of Title IX.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint: 

• Any student of the District or employee of the Board; or 
• Any person other than a student of the District or employee of the Board who was participating or attempting to participate in the Board’s education program or activity at the time of the alleged sex discrimination. 

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please contact the District’s Title IX Coordinator or an administrator.

Any Board employee who has information about conduct that reasonably may constitute sex discrimination must as immediately as practicable notify the Title IX Coordinator. If the Title IX Coordinator is alleged to have engaged in sex discrimination, Board employees shall instead notify their building principal or the Superintendent of Schools, if the employee is not assigned to a school building. 

Individuals may also make a report of sex discrimination to the U.S. Department of Education: Office for Civil Rights, Boston Office, U.S. Department of Education, 9th Floor, 5 Post Office Square, Boston, MA 02109-3921 (Telephone (617) 289-0111) and/or to the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard, Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number: 1-800-477-5737).

Legal References: Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.

Title IX of the Education Amendments of 1972, 34 C.F.R § 106.1, et seq.

Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e-2(a)

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)

Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)

Equal Employment Opportunity Commission Policy Guidance on Current Issues of Sexual Harassment (N-915.050), March 19, 1990

Conn. Gen. Stat. § 10-15c - Discrimination in public schools prohibited. 

Conn. Gen. Stat. § 46a-54 - Commission powers Connecticut 

Conn. Gen. Stat. § 46a-60 - Discriminatory employment practices prohibited

Conn. Gen. Stat. § 46a-81c - Sexual orientation discrimination: Employment

Conn. Gen. Stat. § 10-153 - Discrimination on the basis of sex, gender identity or expression or marital status prohibited

Conn. Agencies Regs. §§ 46a-54-200 through § 46a-54-207

Brittell v. Department of Correction, 247 Conn. 148 (1998)

Fernandez v. Mac Motors, Inc., 205 Conn. App. 669 (2021)

ADOPTED:  November 6, 2013

AMENDED:  April 20, 2021

AMENDED: October 15, 2024

Click link for:

Complaint Forms Regarding Sexual Harassment Under Title IX (Students) and

Complaint Forms Regarding Sex Discrimination (other than sexual harassment) Under Title IX (Students)

Revised_ 7-10-2023

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                                     Series 5000 - Regulation 5020 (R)

                                                                                                Students

ADMINISTRATIVE REGULATIONS REGARDING

TITLE IX OF THE EDUCATION AMENDMENTS OF 1972 -

PROHIBITION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT (STUDENTS)

It is the policy of the Meriden Board of Education (the “Board”) for the Meriden Public Schools (“the District”) that any form of sex discrimination or sexual harassment is prohibited, whether by students, District employees or third parties subject to substantial control by the Board. Discrimination or harassment on the basis of sex includes discrimination or harassment on the basis of gender identity or sexual orientation. Students, District employees and third parties are expected to adhere to a standard of conduct that is respectful of the rights of students, District employees, and third parties. Any student or employee who engages in conduct prohibited by the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students) shall be subject to disciplinary action.  Any third party who engages in conduct prohibited by the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students) shall be subject to remedial measures, which may include exclusion from school property.

Sex discrimination occurs when a person, because of the person’s sex, is denied participation in or the benefits of any education program or activity receiving federal financial assistance.

Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:

(1) An employee of the Board conditioning the provision of an aid, benefit, or service of the Board on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);

(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education programs or activities; or

(3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). These definitions can be found in Appendix A of these Administrative Regulations.

Sexual harassment under Connecticut law means conduct in a school setting that 1) is sexual in nature; 2) is unwelcome; and 3) denies or limits a student’s ability to participate in or benefit from a school’s educational program.  Sexual harassment can be verbal, nonverbal or physical.  Sexual violence is a form of sexual harassment. 

Although not an exhaustive list, the following are other examples of conduct prohibited by the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students):

1. Statements or other conduct indicating that a student’s submission to, or rejection of, sexual overtures or advances will affect the student’s grades and/or other academic progress.

2. Unwelcome attention and/or advances of a sexual nature, including verbal comments, sexual invitations, leering and physical touching.

3. Display of sexually suggestive objects, or use of sexually suggestive or obscene remarks, invitations, letters, emails, text messages, notes, slurs, jokes, pictures, cartoons, epithets or gestures.

4. Touching of a sexual nature or telling sexual or dirty jokes.

5. Transmitting or displaying emails or websites of a sexual nature.

6. Using computer systems, including email, instant messaging, text messaging, blogging or the use of social networking websites, or other forms of electronic communications, to engage in any conduct prohibited by the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students).

NOTICE OF THE TITLE IX COORDINATOR

The District’s Title IX Coordinator is the Assistant Superintendent of Student Supports.  Any individual may make a report of sex discrimination and/or sexual harassment to any District employee or directly to the Title IX Coordinator using any one, or multiple, of the following points of contact:

Assistant Superintendent of Student Supports

Meriden Public Schools

22 Liberty Street

Meriden, CT 06450

203-630-4177

Any District employee in receipt of allegations of sex discrimination or sexual harassment, or in receipt of a formal complaint, shall immediately forward such information to the Title IX Coordinator. The Title IX Coordinator manages the District’s compliance with Title IX and Connecticut law regarding sexual harassment and sex discrimination and is an available resource to anyone seeking information or wishing to file a formal complaint of same. When a student, District employee, or other participant in the District’s programs and activities feels that such person has been subjected to discrimination on the basis of sex in any District program or activity, including without limitation being subjected to sexual harassment, such person may contact the Title IX Coordinator or utilize the Title IX grievance systems set forth herein to bring concerns forward for the purpose of obtaining a prompt and equitable resolution.

EXPLANATION OF COMPLAINT PROCESS AND PROCEDURE

The federal regulations implementing Title IX require the adoption and publication of two separate grievance systems: a grievance process for complaints of sex discrimination involving allegations of sexual harassment and grievance procedures for complaints of sex discrimination that are not sexual harassment.  Accordingly, the Administration will process any complaints of sex discrimination involving allegations of sexual harassment, as defined above, pursuant to the grievance process set forth in Section I of these regulations.  The Administration will process any complaints of sex discrimination that are not sexual harassment pursuant to the grievance procedures set forth in Section II of these regulations.

The District will keep confidential the identity of any individual who has a made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by the Family Educational Rights and Privacy Act (FERPA), or as required by law, or to carry out the purposes of these Administrative Regulations, including the conduct of any investigation, hearing, or judicial proceeding arising from these Administrative Regulations.

The obligation to comply with Title IX is not obviated or alleviated by the FERPA. 

SECTION I.     GRIEVANCE PROCESS FOR COMPLAINTS OF SEXUAL HARASSMENT UNDER TITLE IX

A. Definitions 

• Bias occurs when it is proven that the Title IX Coordinator, investigator(s), and/or decision-maker(s) demonstrate actual bias, rather than the appearance of bias. Actual bias includes, but is not limited to, demonstrated personal animus against the respondent or the complainant and/or prejudgment of the facts at issue in the investigation.
• Complainant means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
• A conflict of interest occurs when it is proven that the Title IX Coordinator, investigator(s), and/or decision-maker(s) have personal, financial and/or familial interests that affected the outcome of the investigation.
• Consent means an active, clear and voluntary agreement by a person to engage in sexual activity with another person (also referred to hereafter as “affirmative consent”).

For the purposes of an investigation conducted pursuant to these Administrative Regulations, the following principles shall be applied in determining whether consent for sexual activity was given and/or sustained:

A. Affirmative consent is the standard used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity.

B. Affirmative consent may be revoked at any time during the sexual activity by any person engaged in the sexual activity.

C. It is the responsibility of each person engaging in a sexual activity to ensure that the person has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that the affirmative consent is sustained throughout the sexual activity.

D. It shall not be a valid excuse to an alleged lack of affirmative consent that the respondent to the alleged violation believed that the complainant consented to the sexual activity:

(i)          because the respondent was intoxicated or reckless or failed to take reasonable steps to ascertain whether the complainant consented, or

(ii)         if the respondent knew or should have known that the complainant was unable to consent because such individual was unconscious, asleep, unable to communicate due to a mental or physical condition, unable to consent due to the age of the individual or the age difference between the individual and the respondent, or incapacitated due to the influence of drugs, alcohol or medication.

E. The existence of a past or current dating or sexual relationship between the complainant and the respondent, in and of itself, shall not be determinative of a finding of consent.

• For purposes of investigations and complaints of sexual harassment, education program or activity includes locations, events, or circumstances over which the Board exercises substantial control over both the respondent and the context in which the sexual harassment occurs.
• Employee means (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in a public elementary, middle or high school; or (B) any other individual who, in the performance of the individual’s duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the Board.
• Formal complaint means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment (as defined under Title IX) against a respondent and requesting that the Administration investigate the allegation of sexual harassment. A “document filed by a complainant” means a document or electronic submission that contains the complainant’s physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.
• Respondent means an individual who has been alleged to be the perpetrator of conduct that could constitute sexual harassment.
• School days means the days that school is in session as designated on the calendar posted on the Board’s website. In its discretion, and when equitably applied and with proper notice to the parties, the District may consider business days during the summer recess as “school days” if such designation facilitates the prompt resolution of the grievance process.
• Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the District’s educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, mutual restrictions on contact between the parties, increased security and monitoring, and other similar measures.
• B. Reporting Sexual Harassment

1. It is the express policy of the Board to encourage victims of sexual harassment to report such claims. Any person may report sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator. If the District receives notice of sexual harassment or alleged sexual harassment against a student in the District’s education program or activity, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures, whether or not the complainant files a formal complaint, and will consider the complainant’s wishes with respect to such measures. If the complainant has yet to file a formal complaint, the Title IX Coordinator will explain to the complainant the process for doing so.
2. The District will treat complainants and respondents equitably. A respondent is presumed not responsible for the alleged conduct and a determination regarding responsibility will be made at the conclusion of the grievance process if a formal complaint is filed. Nothing in this Regulation shall limit or preclude the District from removing a respondent from the District’s education program or activity on an emergency basis, provided that the District undertakes an individualized safety and risk analysis, and determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. If a respondent is removed on an emergency basis, the District shall provide the respondent with notice and an opportunity to challenge the decision immediately following the removal.
3. Formal Complaint and Grievance Process

1. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, by using the contact information listed for the Title IX Coordinator. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the District’s education programs or activity. A formal complaint may be signed by the Title IX Coordinator. If the formal complaint being filed is against the Title IX Coordinator, the formal complaint should be filed with the Superintendent. If the formal complaint being filed is against the Superintendent, the formal complaint should be filed with the Board Chair, who will then retain an independent investigator to investigate the matter.

2. The District may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. If possible, formal complaints should be filed within ten (10) school days of the alleged occurrence in order to facilitate the prompt and equitable resolution of such claims. The District will attempt to complete the formal grievance process within ninety (90) school days of receiving a formal complaint. This timeframe may be temporarily delayed or extended in accordance with Subsection G of this Section.

3. Upon receipt of a formal complaint, if the Title IX Coordinator has not already discussed the availability of supportive measures with the complainant, the Title IX Coordinator will promptly contact the complainant to discuss the availability of such measures and consider the complainant’s wishes with respect to them. The Title IX Coordinator or designee may also contact the respondent, separately from the complainant, to discuss the availability of supportive measures for the respondent. The District will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide such supportive measures.

4. Within ten (10) school days of receiving a formal complaint, the District will provide the known parties with written notice of the allegations potentially constituting sexual harassment under Title IX and a copy of this grievance process. The written notice must also include the following:

1. The identities of the parties involved in the incident, if known;
2. The conduct allegedly constituting sexual harassment as defined above;
3. The date and the location of the alleged incident, if known;
4. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
5. A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence; and
6. A statement of any provision in the District’s Student Discipline Policy or any other policy that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

If, in the course of an investigation, the District decides to investigate allegations about the complainant or respondent that are not included in the written notice, the District must provide notice of the additional allegations to the parties whose identities are known. 

5. The parties may have an advisor of their choice accompany them during any grievance proceeding at which the party’s attendance is required. The District may, in its discretion, establish certain restrictions regarding the extent to which an advisor may participate in the proceedings.  If any such restrictions are established, they will be applied equally to all parties. 

6. The Title IX Coordinator will, as applicable, promptly commence an investigation of the formal complaint, designate a school administrator to promptly investigate the formal complaint, or dismiss the formal complaint in accordance with Subsection F of this Section. The standard of evidence to be used to determine responsibility is the preponderance of the evidence standard (i.e., more likely than not). The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the District and not on the parties.

7. The parties will be given an equal opportunity to discuss the allegations under investigation with the investigator(s) and are permitted to gather and present relevant evidence. This opportunity includes presenting witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence. Credibility determinations will not be based on a person’s status as a complainant, respondent, or witness.  The District will provide to a party whose participation is invited or expected (including a witness), written notice of the date, time, location, participants, and purpose of all hearings (if applicable), investigative interviews, or other meetings, with sufficient time for the party to prepare to participate. 

8. Both parties will be given an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the District does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the conclusion of the investigation. Prior to completion of the investigative report, the District will send to each party and the party’s advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties will have ten (10) school days to submit a written response, which the investigator(s) will consider prior to completion of the investigative report, as described in Paragraph 9 of this Subsection.

9. The investigator(s) will create an investigative report that fairly summarizes relevant evidence. The investigator(s) will send the investigative report, in an electronic format or hard copy, to each party and to each party’s advisor for their review and written response at least ten (10) school days prior to the time a determination regarding responsibility is made. 

10. The Superintendent will appoint a decision-maker(s), who shall be a District employee or third-party contractor and who shall be someone other than the Title IX Coordinator or investigator(s). If the formal complaint filed is against the Superintendent, the Board Chair shall appoint the decision-maker, who shall be a District employee or third-party contractor and who shall be someone other than the Title IX Coordinator or investigator(s).  The investigator(s) and the decision-maker(s) shall not discuss the investigation’s facts and/or determination while the formal complaint is pending.  The decision-maker(s) will afford each party the opportunity to submit written, relevant questions that a party wants asked of any party or witness, provide each party with the answers, and allow for additional, limited follow-up questions from each party. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker(s) will explain to the party proposing the questions any decisions to exclude a question as not relevant.

11. The decision-maker(s) will issue a written determination regarding responsibility. To reach this determination, the decision-maker must apply the preponderance of the evidence standard. The written determination will include: (1) identification of the allegations potentially constituting sexual harassment; (2) a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; (3) findings of fact supporting the determination; (4) conclusions regarding the application of the District’s code of conduct to the facts; (5) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the District will impose on the respondent, and whether remedies designed to restore or preserve equal access to the District’s education program or activity will be provided by the District to the complainant; and (6) the District’s procedures and permissible bases for the complainant and respondent to appeal.  If the respondent is found responsible for violating the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students), the written determination shall indicate whether the respondent engaged in sexual harassment as defined by the Board’s Policy and these Administrative Regulations.  The written determination will be provided to both parties simultaneously.

12. Student respondents found responsible for violating the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students) may be subject to discipline up to and including expulsion.  Employee respondents found responsible for violating the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students) may be subject to discipline up to and including termination of employment.  Other respondents may be subject to exclusion from the District’s programs, activities and/or property.  In appropriate circumstances, the District may make a criminal referral.  Remedies will be designed to restore or preserve equal access to the District’s education programs or activities.

13. After receiving notification of the decision-maker’s decision, or after receiving notification that the District dismissed a formal complaint or any allegation therein, both complainant and respondent may avail themselves of the appeal process set forth in Subsection E of this Section.

D. Informal Resolution 

At any time prior to reaching a determination regarding responsibility, but only after the filing of a formal complaint, the District may suggest to the parties the possibility of facilitating an informal resolution process, such as mediation, to resolve the formal complaint without the need for a full investigation and adjudication. If it is determined that an informal resolution may be appropriate, the Title IX Coordinator or designee will consult with the parties.

Prior to facilitating an informal resolution to a formal complaint, the Title IX Coordinator or designee will provide the parties with written notice disclosing the sexual harassment allegations, the requirements of an informal resolution process, and any consequences from participating in the informal resolution process. Upon receipt of this document, complainants and respondents have five (5) school days to determine whether they consent to participation in the informal resolution. The District must obtain voluntary, written consent to the informal resolution process from both parties.

Prior to agreeing to any resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint. If a satisfactory resolution is reached through this informal process, the matter will be considered resolved. If these efforts are unsuccessful, the formal grievance process will continue.

Nothing in this section precludes a student from filing a complaint of retaliation for matters related to an informal resolution, nor does it preclude either party from filing complaints based on conduct that is alleged to occur following the District’s facilitation of the informal resolution.

An informal resolution is not permitted to resolve allegations that an employee sexually harassed a student.

E. Appeal Process 

After receiving notification of the decision-makers decision, or after receiving notification that the District dismissed a formal complaint or any allegation therein, both complainant and respondent have five (5) school days to submit a formal letter of appeal to the Title IX Coordinator specifying the grounds upon which the appeal is based. Upon receipt of an appeal, the Superintendent shall appoint a decision-maker(s) for the appeal, who shall be someone other than the Title IX Coordinator, investigator(s), or initial decision-maker(s).

Appeals will be appropriate only in the following circumstances:

• new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
• procedural irregularity that affected the outcome of the matter;
• the Title IX Coordinator, investigator(s), and/or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter. A conflict of interest or bias does not exist solely because the Title IX Coordinator, investigators(s), and/or decision-maker(s) previously worked with or disciplined the complainant or respondent.

The District will provide the other party with written notice of such appeal. The appealing party will then have ten (10) school days to submit to the decision-maker(s) for the appeal a written statement in support of, or challenging, the outcome of the grievance process. The decision-maker(s) for the appeal will provide the appealing party’s written statement to the other party. The other party will then have ten (10) school days to submit to the decision-maker(s) for the appeal a written statement in support of, or challenging, the outcome of the grievance process.  The decision-maker(s) for the appeal, in their discretion, will determine any additional necessary and appropriate procedures for the appeal.

After considering the parties’ written statements, the decision-maker(s) for the appeal will provide a written decision. The decision-maker(s) for the appeal will attempt to issue the written decision within thirty (30) school days of receipt of all written statements from the parties. If it is found that one of the bases for appeal exists, the decision-maker(s) for the appeal will issue an appropriate remedy.

Supportive measures for either or both parties may be continued throughout the appeal process. 

F. Dismissal of a Formal Complaint 

The Title IX Coordinator shall dismiss any formal complaint that, under Title IX 1) would not constitute sexual harassment as defined under Title IX even if proved, 2) did not occur in the District’s education program or activity, or 3) did not occur against a person in the United States. Such dismissal does not preclude action under another Board policy.

The District may dismiss a formal complaint or any allegations therein, if at any time during the investigation or hearing: 1) a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; 2) the respondent is no longer enrolled or employed in the District; or 3) specific circumstances prevent the District from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon a dismissal, the District will promptly and simultaneously send written notice of the dismissal and reason(s) therefor to each party. Either party can appeal from the District’s dismissal of a formal complaint or any allegations therein using the appeals procedure.

In the event a formal complaint is dismissed prior to the issuance of a decision under Title IX, the Title IX Coordinator shall determine if the allegations of sexual harassment shall proceed through the grievance procedures identified in Section II of these Administrative Regulations for claims of sex discrimination for consideration as to whether the allegations constitute sexual harassment under Connecticut law.

A dismissal pursuant to this section does not preclude action by the District under the Student Discipline policy, Code of Conduct for students/or and employees, or any other applicable rule, policy, and/or collective bargaining agreement.

G. Miscellaneous 

1. Any timeframe set forth in these Administrative Regulations may be temporarily delayed or extended for good cause. Good cause may include, but is not limited to, considerations such as the absence or illness of a party, a party’s advisor, or a witness; concurrent law enforcement activity; concurrent activity by the Department of Children and Families; or the need for language assistance or accommodation of disabilities. If any timeframe is altered on a showing of good cause, written notice will be provided to each party with the reasons for the action.

2   If a sexual harassment complaint raises a concern about bullying behavior, the Title IX Coordinator shall notify the Safe School Climate Specialist or designee who shall coordinate any bullying investigation with the Title IX Coordinator, to promote the alignment of any such bullying investigation with the requirements of applicable Board policies and state law. Additionally, if a sexual harassment complaint raises a concern about discrimination or harassment on the basis of any other legally protected classification (such as race, religion, color, national origin, age, or disability), the Title IX Coordinator or designee shall make a referral to other appropriate personnel within the District (e.g. Section 504 Coordinator, etc.), so as to ensure that any such investigation complies with the requirements of policies regarding nondiscrimination.

3.  If the sexual harassment complaint results in reasonable cause to suspect or believe that a child has been abused or neglected, has had a nonaccidental physical injury, or injury which is at variance with the history given of such injury, is placed at imminent risk of serious harm, or that a student has been sexually assaulted by a school employee, then, the person to whom the complaint is given or who receives such information shall report such matters in accordance with the Board's policy on the Reports of Suspected Child Abuse or Neglect of Children.

4. Retaliation against any individual who complains pursuant to the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students) and these Administrative Regulations is strictly prohibited.  Neither the District nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or these Administrative Regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under these Administrative Regulations. The District will take actions designed to prevent retaliation. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination described herein.

5.  The District will maintain for a period of seven (7) years records of:

1. Each sexual harassment investigation including any determination regarding responsibility, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to the Board’s education program or activity;
2. Any appeal and the result therefrom;
3. 3. Any informal resolution and the result therefrom; and 
4. All material used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process. The Board will make these training materials publicly available on its website.

If the District has actual knowledge of sexual harassment in an education program or activity of the Board, and for any report or formal complaint of sexual harassment, the District will create and maintain for a period of seven (7) years, records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.  The District will document the basis for its conclusion that its response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the Board’s education program or activity.  If the District does not provide a complainant with supportive measures, then the District will document the reasons why such a response was not clearly unreasonable in light of the known circumstances. 

SECTION II.    GRIEVANCE PROCEDURES FOR CLAIMS OF SEX DISCRIMINATION (OTHER THAN SEXUAL HARASSMENT UNDER TITLE IX) 

A.  Definitions 

• Complainant means an individual who is alleged to be the victim of conduct that could constitute sex discrimination.
• Respondent means an individual who has been reported to be the perpetrator of conduct that could constitute sex discrimination. 

B.  Reporting Sex Discrimination Other than Sexual Harassment under Title IX

It is the express policy of the Board to encourage victims of sex discrimination to report such claims. Any person may report sex discrimination (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator. If the District receives notice of sex discrimination or alleged sex discrimination against a student in the District’s education program or activity, the Title IX Coordinator or designee will promptly notify the complainant of the grievance process. The District will treat complainants and respondents equitably during the grievance process.  Sexual harassment is a form of sex discrimination, and any incident of sexual harassment under Title IX, as defined above, shall be handled pursuant to Section I of these Administrative Regulations.  Any allegations of sexual harassment under Connecticut law, as defined above, shall be handled pursuant to this Section II of these Administrative Regulations. 

C.  Grievance Procedures 

1. As soon as a student feels that the student has been subjected to sex discrimination other than sexual harassment as defined under Title IX (including, without limitation, sexual harassment under Connecticut law), the student or the student’s parent/legal guardian should make a written complaint to the Title IX Coordinator or to the building principal, or designee. The student will be provided a copy of the Board’s Policy and Administrative Regulations and made aware of the student’s rights under this Policy and Administrative Regulations.  Preferably, complaints should be filed within ten (10) school days of the alleged occurrence. Timely reporting of complaints facilitates the investigation and resolution of such complaints.

2. The complaint should state the:

1. 1. Name of the complainant;
   2. Date of the complaint;
   3. Date(s) of the alleged discrimination;
   4. Name(s) of the discriminator(s);
   5. Location where such discrimination occurred;
   6. Names of any witness(es) to the discrimination;
   7. Detailed statement of the circumstances constituting the alleged discrimination; and
   8. Remedy requested.

3. Any student who makes an oral complaint of sex discrimination to any of the above-mentioned personnel will be provided a copy of these Administrative Regulations and will be requested to make a written complaint pursuant to the above procedure. In appropriate circumstances, such as due to the age of the student making the complaint, a parent or school administrator may be permitted to fill out the form on the student’s behalf.

4. All complaints are to be forwarded immediately to the building principal or designee unless that individual is the subject of the complaint, in which case the complaint should be forwarded directly to the Superintendent of Schools or designee. In addition, a copy of any complaint filed under this Policy shall be forwarded to the Title IX Coordinator. If the complaint being filed is against the Title IX Coordinator, the complaint should be filed with the Superintendent. If the complaint being filed is against the Superintendent, the complaint should be filed with the Board Chair, who will then retain an independent investigator to investigate the matter.

5. The Title IX Coordinator or designee shall investigate all complaints of sex discrimination against a student, regardless of whether the conduct occurred on or off-school grounds. Complaints will be investigated promptly within the timeframes identified below. Timeframes may be extended as needed given the complexity of the investigation, availability of individuals with relevant information, and other extenuating circumstances. The investigation shall be conducted discreetly, maintaining confidentiality insofar as possible while still conducting an effective and thorough investigation.

6. Any student who makes a complaint shall be notified of the District’s intent to investigate the complaint. In the event the student requests confidentiality or that an investigation not be conducted, the District will take reasonable steps to investigate and respond to the complaint to the extent possible, given the request for confidentiality or that the District not investigate the complaint.  If the student insists that the student’s personally identifiable information not be shared with the alleged discriminator(s), the student will be informed that the District’s ability to investigate and/or take corrective action may be limited.

7. Upon receipt of a sex discrimination complaint, the Title IX Coordinator shall either promptly commence an investigation of the complaint, or shall designate a school administrator to promptly investigate the complaint. The Title IX Coordinator or designee shall:

i.  offer to meet with the complainant and respondent (if applicable) separately within ten (10) school days to discuss the nature of the complaint, identify individuals the complainant and respondent (if applicable) believe have relevant information, and obtain any relevant documents the complainant and respondent may have;

ii.  provide the complainant and respondent (if applicable) with a copy of the Board’s sex discrimination policy and accompanying regulations;

iii. consider whether any interim measures may be appropriate to protect the complainant or respondent (if applicable), pending the outcome of the investigation;

iV. conduct an investigation that is adequate, reliable, and impartial. Investigate the factual basis of the complaint, including, as applicable, conducting interviews with individuals deemed relevant to the complaint;

V. consider whether alleged sex discrimination has created a hostile school environment, including consideration of the effects of off-campus conduct on the school;

VI. communicate the outcome of the investigation in writing to the complainant, to the respondent, and to any individual properly identified as a party to the complaint (to the extent permitted by state and federal confidentiality requirements), within ninety (90) school days from the date the complaint was received by the Superintendent’s office. The investigator may extend this deadline for no more than fifteen (15) additional school days if needed to complete the investigation.  The complainant and respondent (if applicable) shall be notified of such extension.  The written notice shall include a finding whether the complaint was substantiated and if so, shall identify, to the extent possible, how the District will remedy the discrimination, adhering to the requirements of state and federal law; and

VII.  when sex discrimination has been found, take steps that are reasonably calculated to end the discrimination, take corrective and/or disciplinary action aimed at preventing the recurrence of the discrimination, as deemed appropriate by the Superintendent or designee, and take steps to remedy the effects of the sex discrimination.

8. If a complaint is made during summer recess, the complaint will be reviewed and addressed as quickly as possible given the availability of staff and/or other individuals who may have information relevant to the complaint. If fixed timeframes cannot be met, the complainant and respondent will receive notice and interim measures may be implemented as necessary. 

9. If the complainant or respondent (if applicable) is dissatisfied with the findings of the investigation, the complainant or respondent may file a written appeal within five (5) school days to the Title IX Coordinator, or, if the Title IX Coordinator conducted the investigation, to the Superintendent of Schools. The Title IX Coordinator or Superintendent shall review the Title IX Coordinator or designee’s written report, the information collected by the Title IX Coordinator or designee together with the recommended disposition of the complaint to determine whether the alleged conduct constitutes sex discrimination. The Title IX Coordinator or Superintendent of Schools may determine if further action and/or investigation is warranted.  After completing this review, the Title IX Coordinator or Superintendent of Schools shall respond to the complainant and respondent (if applicable), in writing, within fifteen (15) school days following the receipt of the written request for review.

D. Miscellaneous

1. If a sex discrimination complaint raises a concern about bullying behavior, the Title IX Coordinator shall notify the Safe School Climate Specialist or designee who shall coordinate any bullying investigation with the Title IX Coordinator, to promote the alignment of any such bullying investigation with the requirements of applicable Board policies and state law.  Additionally, if a sex discrimination complaint raises a concern about discrimination or harassment on the basis of any other legally protected classification (such as race, religion, color, national origin, age, or disability), the Title IX Coordinator or designee shall make a referral to other appropriate personnel within the District (e.g. Section 504 Coordinator, etc.), so as to ensure that any such investigation complies with the requirements of policies regarding nondiscrimination.

2. If the sex discrimination complaint results in reasonable cause to suspect or believe that a child has been abused or neglected, has had a nonaccidental physical injury, or injury which is at variance with the history given of such injury, is placed at imminent risk of serious harm, or that a student has been sexually assaulted by a school employee, then, the person to whom the complaint is given or who receives such information shall report such matters in accordance with the Board's policy on the Reports of Suspected Child Abuse or Neglect of Children.

3. Retaliation against any individual who complains pursuant to the Board’s Policy regarding Title IX of the Education Amendments of 1972-Prohibition of Sex Discrimination and Sexual Harassment (Students) and these Administrative Regulations is strictly prohibited. Neither the District nor any other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or these Administrative Regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under these Administrative Regulations. The District will take actions designed to prevent retaliation as a result of filing a complaint. Complaints alleging retaliation may be filed according to the grievance procedures for sex discrimination described herein. 

Section III.        Further Reporting

At any time, a complainant alleging sex discrimination or sexual harassment may also file a complaint with the Office for Civil Rights, Boston Office, U.S. Department of Education, 8^th Floor, 5 Post Office Square, Boston, MA  02109-3921 (Telephone (617) 289-0111). 

Students may also make a report of sexual harassment and/or sex discrimination to the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard, Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number: 1-800-477-5737).

Copies of these Administrative Regulations will be distributed to all students.

MPS-revised 8-18-2023

Appendix A 

Sexual Assault: An offense classified as forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. 

Rape—(Except Statutory Rape) The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.

Sodomy—Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of  the person’s temporary or permanent mental or physical incapacity.

Sexual Assault With An Object—To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.

Fondling—The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.

Incest—Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape—Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Dating Violence:  Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

Stalking:  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.

Affirmative Consent means an active, clear and voluntary agreement by a person to engage in sexual activity with another person.

For the purposes of an investigation conducted pursuant to these Administrative Regulations, the following principles shall be applied in determining whether consent for sexual activity was given and/or sustained:

A. Affirmative consent is the standard used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity.

B. Affirmative consent may be revoked at any time during the sexual activity by any person engaged in the sexual activity.

C. It is the responsibility of each person to ensure that he or she has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that the affirmative consent is sustained throughout the sexual activity.

D. It shall not be a valid excuse to an alleged lack of affirmative consent that the respondent to the alleged violation believed that the complainant consented to the sexual activity:

(i)        because the respondent was intoxicated or reckless or failed to take reasonable steps to ascertain whether the complainant affirmatively consented, or

(ii)       if the respondent knew or should have known that the complainant was unable to consent because such individual was unconscious, asleep, unable to communicate due to a mental or physical condition, unable to consent due to the age of the individual or the age difference between the individual and the respondent, or incapacitated due to the influence of drugs, alcohol or medication.

E.  The existence of a past or current dating or sexual relationship between the complainant and the respondent, in and of itself, shall not be determinative of a finding of affirmative consent.

8/18/2023

CHILD SEXUAL ABUSE AND ASSAULT RESPONSE POLICY AND REPORTING PROCEDURE

The Meriden Board of Education (the “Board”) has adopted a uniform child sexual abuse and/or sexual assault response policy and reporting procedure in connection with the implementation of its sexual assault and abuse prevention and awareness program. 

II.  Procedures for Reporting of Child Sexual Abuse and Sexual Assault

 A.  Students, or any individuals, may make written or verbal reports of suspected child sexual abuse and/or sexual assault to any school employee. For purposes of this policy, a “child” shall be considered any student enrolled in the Board’s schools, except for those enrolled only in an adult education program who are over the age of eighteen (18). The Safe School Climate Specialist or designee for the school in which the student is enrolled shall be notified of the report and shall cause such reports to be reviewed and actions taken consistent with this policy.

B.  School employees who receive a report of child sexual assault and/or abuse and have reasonable cause to suspect or believe that a child has been sexually abused and/or assaulted shall report such suspicion to the appropriate authority in accordance with Board Policy 4050, pertaining to REPORTS OF SUSPECTED ABUSE OR NEGLECT OF CHILDREN OR REPORTS OF SEXUAL ASSAULT OF STUDENTS BY SCHOOL EMPLOYEES.

II.  Procedures for Review of Reports of Child Sexual Abuse and/or Assault

A.  The Safe School Climate Specialist or designee for the school in which the student is enrolled shall be responsible for reviewing any reports of suspected child sexual abuse and/or sexual assault. In the event that the suspected child sexual abuse and/or sexual assault has not yet been reported to the appropriate authority in accordance with Board Policy 4050, pertaining to REPORTS OF SUSPECTED ABUSE OR NEGLECT OF CHILDREN BY ANYONE OR SEXUAL ASSAULT OF STUDENTS BY SCHOOLEMPLOYEES, the Safe School Climate Specialist or designee shall promptly cause such a report to be made. 

B.  If/when such report alleges that a school employee, as defined by Conn. Gen. Stat § 53a-65, is the perpetrator of child sexual abuse and/or sexual assault, the Safe School Climate Specialist or designee shall immediately notify the Superintendent of Schools or designee, who shall immediately notify the child's parent or guardian that a report has been made to the appropriate authorities in accordance with .Board Policy 4050, pertaining to REPORTS OF SUSPECTED ABUSE OR NEGLECT OF CHILDREN OR REPORTS OF SEXUAL ASSAULT OF STUDENTS BY SCHOOLEMPLOYEES. The notification requirement shall not apply if a parent or guardian is the individual suspected of perpetrating the child sexual abuse and/or sexual assault. If either a Department of Children and Families (“DCF”) investigation or a police investigation is pending pertaining to the report of suspected child sexual abuse and/or sexual assault, the Safe School Climate Specialist or designee shall obtain the permission of DCF and/or the police department conducting the investigation prior to informing the parents/guardians of the report.

C.   The Safe School Climate Specialist or designee shall offer to meet with the student and the parents or guardians of the student about whom a report of suspected child sexual abuse and/or sexual assault has been made, in order to discuss the District’s support procedures, including but not limited to: 1) actions that child victims of sexual abuse and/or sexual assault and their families may take to obtain assistance, 2) intervention and counseling options for child victims of sexual abuse and/or assault, and 3) access to educational resources to enable child victims of sexual abuse and/or sexual assault to succeed in school.

D.  In the event that the report of suspected child sexual abuse and/or sexual assault alleges that another student enrolled in the District is the perpetrator of the sexual abuse and/or sexual assault, the Safe School Climate Specialist or designee shall also take appropriate action to investigate or cause such a report to be investigated, and appropriate remedial actions taken, in accordance with Board Policy 4050, pertaining to REPORTS OF SUSPECTED ABUSE OR NEGLECT OF CHILDREN OR REPORTS OF SEXUAL ASSAULT OF STUDENTS BY SCHOOL EMPLOYEES, Board Policy 5030, pertaining to Bullying Prevention and Intervention, and Board Policy 4030 Title IX/Sex Discrimination and Sexual Harassment. In the event either a DCF investigation or a police investigation is pending pertaining to the report of suspected child sexual abuse and/or sexual assault, the Safe School Climate Specialist shall coordinate investigatory activities with DCF and/or the police in order to minimize the number of interviews of any child or student victim of sexual assault and share information with other persons authorized to conduct an investigation of child abuse or neglect, as appropriate and permitted by law.

E. The Safe School Climate Specialist or designee shall develop a student support plan for anyone who has been a victim of child sexual abuse and/or sexual assault. The report of suspected sexual abuse and/or assault need not be verified prior to the implementation of a support plan.  The elements of the support plan shall be determined in the discretion of the Safe School Climate Specialist or designee, and shall be designed to support the student victim’s ability to access the school environment.

III.       Support Strategies

A.  Child sexual abuse and/or sexual assault can take many forms and can vary dramatically in the nature of the offense and the impact the behavior may have on the victim and other students. Accordingly, there is no one prescribed response to child sexual abuse and/or sexual assault. 

B.  The following sets forth possible interventions and supports which may be utilized to support individual student victims of child sexual abuse and/or sexual assault:

1. Referral to a school counselor, psychologist or other appropriate social or mental health service.

2. Encouragement of the student victim to seek help when feeling overwhelmed or anxious in the school environment.

3. Facilitated peer support groups.

4. Designation of a specific adult in the school setting for the student victim to seek out for assistance.

5. Periodic follow-up by the Safe School Climate Specialist and/or Title IX Coordinator with the victim of sexual abuse and/or assault.

C.  The following sets forth possible interventions and supports that may be utilized systemically as prevention and intervention strategies pertaining to child sexual abuse and/or sexual assault:

1. School rules prohibiting sexual abuse and sexual assault and establishing appropriate consequences for those who engage in such acts.

2. School-wide training related to prevention and identification of, and response to, child sexual abuse and/or sexual assault.

3. Age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding child sexual abuse and sexual assault awareness and prevention that will include information pertaining to, and support for, disclosures of sexual abuse and sexual assault, including but not limited to:

(a)        the skills to recognize child sexual abuse and sexual assault, boundary violations and unwanted forms of touching and contact, and the ways offenders groom or desensitize victims; and 

(b)       strategies to promote disclosure, reduce self-blame and mobilize bystanders.

4. Promotion of parent involvement in child sexual abuse and sexual assault prevention and awareness through individual or team participation in meetings, trainings and individual interventions.

5. Respectful and supportive responses to disclosures of child sexual abuse and/or sexual assault by students.

6. Use of peers to help ameliorate the plight of victims and include them in group activities.

7. Continuing awareness and involvement on the part of students, school employees and parents with regard to prevention and intervention strategies.

IV.  Safe School Climate Specialists 

The Principal of each school (or principal’s designee) shall serve as the Safe School Climate Specialist.

V.  Community Resources 

The Board recognizes that prevention of child sexual abuse and sexual assault requires a community approach.  Supports for victims and families will include both school and community sources.  The national, state and local resources below may be accessed by families at any time, without the need to involve school personnel. 

A.  National Resources: 

National Center for Missing & Exploited Children Resource Center
http://www.missingkids.com/Publications

333 John Carlyle Street, Suite #125, Alexandria, Virginia 22314-5950

24-hour call center: 1-800-843-5678

• The online resource center contains publications on child safety and abuse prevention, child sexual exploitation, and missing children.

National Children’s Advocacy Center

www.nationalcac.org

210 Pratt Ave., Huntsville, Alabama 35801

Telephone: (256) 533-5437 

National Child Traumatic Stress Network

www.nctsn.org

NCCTS — Duke University 
1121 West Chapel Hill Street Suite 201 
Durham, NC 27701 
Telephone: (919) 682-1552 

• The National Child Traumatic Stress Network offers general information on childhood trauma, including information on child sexual abuse. 

National Sexual Violence Resource Center

http://www.nsvrc.org/projects/multilingual-access/multilingual-access

2101 N. Front Street

Governor’s Plaza North, Building #2

Harrisburg, PA 17110

Toll Free Telephone: 877-739-3895

• The resource center includes multilingual access. 

Darkness to Light

http://www.d2l.org

1064 Gardner Road, Suite 210
Charleston, SC 29407

National Helpline: (866) FOR-LIGHT
Administrative Office: (843) 965-5444

• Darkness to Light is a grassroots national non-profit organization to educate adults to prevent, recognize and react responsibly to child sexual abuse.

B.  Statewide Resources: 

Department of Children and Families

http://www.ct.gov/dcf/site/default.asp

505 Hudson Street
Hartford, Connecticut 06106

Child Abuse and Neglect Careline: 1-800-842-2288

Telephone, Central Office: (860) 550-6300

• DCF is the Connecticut agency responsible for protecting children who are abused or neglected.
• FAQs About Reporting Suspected Abuse and Neglect are available at: http://www.ct.gov/dcf/cwp/view.asp?a=2534&Q=314388&dcfNav=|

The Connecticut Alliance to End Sexual Violence

http://EndSexualViolenceCT.org/

96 Pitkin Street

East Hartford, CT 06108

24-hour toll-free hotline: 1-888-999-5545 English/1-888-568-8332 Espaňol

Telephone: (860) 282-9881

• The alliance is a statewide coalition of community-based sexual assault crisis service programs working to end sexual violence through victim assistance, public policy advocacy, and prevention education training. Each member center provides free and confidential 24/7 hotline services in English and Spanish, individual crisis counseling, support groups, accompaniment and support in hospitals, police stations, and courts, referral information, and other services to anyone in need.
• To find a Connecticut Alliance to End Sexual Violence member program please visit: http://endsexualviolencect.org/who-we-are/ 

Connecticut Children’s Alliance

www.ctchildrensalliance.org

75 Charter Oak Ave Suite 1-309

Hartford, Connecticut 06106

Phone: (860) 610-6041

• CCA is a statewide coalition of Child Advocacy Centers and Multidisciplinary Teams.

Connecticut Network of Care

http://connecticut.networkofcare.org

• Connecticut Network of Care is an online information portal listing programs and support groups for sexual assault and abuse in Connecticut.

C.  Local Resources:

[Local resources will vary depending on the district’s location; many State-level resources indicate applicable regional offices and programs.]

 Legal References:

 Conn. Gen. Stat § 17a-101b  Report by mandated reporter. Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility or school when staff member suspected of abuse or neglect. 

Conn. Gen. Stat § 17a-101q  State-wide sexual abuse and assault awareness and prevention program

ADOPTED:  April 20, 2021

The Meriden Board of Education (the “Board”) is committed to creating and maintaining an educational environment within the Meriden Public Schools (the “District”) that is physically, emotionally, and intellectually safe and thus free from bullying, teen dating violence, harassment, and discrimination.  In accordance with state law and the Board’s Safe School Climate Plan, the Board expressly prohibits any form of bullying behavior on 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 local or regional board of education; or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board.

            The Board also prohibits any form of bullying behavior outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school.  Discrimination and/or retaliation against an individual who reports or assists in the investigation of an act of bullying is likewise prohibited.

            Students who engage in bullying behavior or teen dating violence shall be subject to school discipline, up to and including expulsion, in accordance with the Board's policies on student discipline, suspension, and expulsion, and consistent with state and federal law. 

            For purposes of this policy, “Bullying” means an act that is direct or indirect and severe, persistent or pervasive, which:

            (1)        causes physical or emotional harm to an individual;

            (2)        places an individual in reasonable fear of physical or emotional harm; or

            (3)        infringes on the rights or opportunities of an individual at school.

            Bullying shall include, but need not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

For purposes of this policy, “Cyberbullying” means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

For purposes of this policy, “Teen Dating Violence” means any act of physical, emotional or sexual abuse, including stalking, harassing and threatening, that occurs between two students who are currently in or who have recently been in a dating relationship.

For purposes of this policy, “Discrimination” means unlawful discrimination that occurs when a student is denied participation in, or the benefits of, a program or activity of the Board because of such student’s actual or perceived race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, gender identity or expression, veteran status, status as a victim of domestic violence or any other basis prohibited by state or federal law (“Protected Class”).

For purposes of this policy, “Harassment” is a form of Protected Class discrimination that is prohibited by law and by this policy.  Harassment constitutes unlawful discrimination when it creates a hostile environment, which occurs when the harassment is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school.  Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  Harassment may be an act of bullying.

            Consistent with the requirements under state law, the Board authorizes the Superintendent or designee(s), along with the Safe School Climate Coordinator, to be responsible for developing and implementing a Safe School Climate Plan in furtherance of this policy.  As provided by state law, such Safe School Climate Plan shall include, but not be limited to provisions which: 

(1)        enable students to anonymously report acts of bullying to school employees and require students and the parents or guardians of students to be notified at the beginning of each school year of the process by which students may make such reports;

(2)        enable the parents or guardians of students to file written reports of suspected bullying;

(3)        require school employees who witness acts of bullying or receive reports of bullying to orally notify the safe school climate specialist, or another school administrator if the safe school climate specialist is unavailable, not later than one school day after such school employee witnesses or receives a report of bullying, and to file a written report not later than two school days after making such oral report;

(4)        require the safe school climate specialist to investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports made under this section and that the parents or guardians of the student alleged to have committed an act or acts of bullying and the parents or guardians of the student against whom such alleged act or acts were directed receive prompt notice that such investigation has commenced;

(5)       require the safe school climate specialist to review any anonymous reports, except that no disciplinary action shall be taken solely on the basis of an anonymous report;

(6)       include a prevention and intervention strategy for school employees to deal with bullying and teen dating violence;

(7)       provide for the inclusion of language in student codes of conduct concerning bullying;

(8)        require each school and/or alternative school program operated by the Board (“alternative school program”) to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of students against whom such acts were directed not later than forty-eight hours after the completion of the investigation described in subdivision (4), above (A) of the results of such investigation, and (B) verbally or by electronic mail, if such parents’ or guardians’ electronic mail addresses are known, that such parents or guardians may refer to the plain language explanation of the rights and remedies available under Conn. Gen. Stat. Section 10-4a and 10-4b published on the Internet website of the Board;

(9)        require each school and/or alternative school program to invite the parents or guardians of a student against whom such act was directed to a meeting to communicate to such parents or guardians the measures being taken by the school and/or alternative school program to ensure the safety of the student against whom such act was directed and policies and procedures in place designed to prevent further acts of bullying;

(10)      require each school and/or alternative school program to invite the parents or guardians of a student who commits any verified act of bullying to a meeting, separate and distinct from the meeting required in subdivision (9) above, to discuss specific interventions undertaken by the school or alternative school program designed to prevent further acts of bullying;

(11)      establish a procedure for each school and alternative school program to document and maintain records relating to reports and investigations of bullying in such school and/or alternative school program and to maintain a list of the number of verified acts of bullying in such school and/ alternative school program and make such list available for public inspection, and annually report such number to the Department of Education and in such manner as prescribed by the Commissioner of Education;

(12)      direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual that may include both counseling and discipline;

(13)      prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying;

(14)      direct the development of student safety support plans for students against whom an act of bullying was directed that address safety measures the school and/or alternative school program will take designed to protect such students against further acts of bullying;

(15)      require the responsible administrator of a school and/or alternative school program, or designee, to notify the appropriate local law enforcement agency when such responsible administrator, or designee, believes that any acts of bullying constitute criminal conduct;

(16)      prohibit bullying (A) on 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 local or regional board of education, or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board, and (B) outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, or (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school;

(17)      require, at the beginning of each school year, each school and/or alternative school program to provide all school employees with a written or electronic copy of the District's safe school climate plan; and

(18)      require that all school employees annually complete the training described in Conn. Gen. Stat. §§ 10-220a or 10-222j related to the identification, prevention and response to bullying.           

The notification required pursuant to subdivision (8) (above) and the invitation required pursuant to subdivisions (9) and (10) (above) shall include a description of the response of school employees to such acts and any consequences that may result from the commission of further acts of bullying.  Any information provided under this policy or accompanying Safe School Climate Plan shall be provided in accordance with the confidentiality restrictions imposed under the Family Educational Rights Privacy Act ("FERPA") and the District's Confidentiality and Access to Student Information policy and regulations.  

            The Board shall submit its Safe School Climate Plan to the Connecticut State Department of Education (the “Department”) for review and approval.  Not later than thirty (30) calendar days after approval by the Department, the Board shall make such plan available on the Board's and each individual school or alternative school program on the District's website and ensure that the Safe School Climate Plan is included in the District's publication of the rules, procedures, and standards of conduct for schools and alternative programs operated by the Board and in all student handbooks.

            As required by state law, the Board, after consultation with the Department and the Connecticut Social and Emotional Learning and School Climate Advisory Collaborative (the “Collaborative”), shall provide on the Board’s website training materials to school administrators regarding the prevention of and intervention in discrimination against and targeted harassment of students based on such students’ (1) actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance or mental, physical, developmental or sensory disability, or (2) association with individuals or groups who have or are perceived to have one or more of such characteristics.

            As required by state law, the Board shall post on its website the plain language explanation of rights and remedies under Connecticut General Statutes §§ 10-4a and 10-4b, as developed and provided to the Board by the Collaborative.

Legal References:

Public Act 21-95

Conn. Gen. Stat. § 10-145a

Conn. Gen. Stat. § 10-145o

Conn. Gen. Stat. § 10-220a

Conn. Gen. Stat. § 10-222d

Conn. Gen. Stat. § 10-222g

Conn. Gen. Stat. § 10-222h

Conn. Gen. Stat. § 10-222j

Conn. Gen. Stat. § 10-222k

Conn. Gen. Stat. § 10-222l

Conn. Gen. Stat. § 10-222q

Conn. Gen. Stat. § 10-222r

Conn. Gen. Stat. §§ 10-233a through 10-233f

Adopted: September 17, 2002

Amended: September 1, 2020
Amended: November 15, 2022

REPORT OF SUSPECTED BULLYING BEHAVIORS

MERIDEN PUBLIC SCHOOLS

REPORT OF SUSPECTED BULLYING BEHAVIORS OR TEEN DATING VIOLENCE

(School Employees Should File with the School Principal)

(Parents and Students May File with the School Principal or Any Other School Employee)

Name of Person Completing Report: 

Date: 

Target(s) of Behaviors/Violence:  

Relationship of Reporter to Target (self, parent, teacher, peer, etc.): 

Report Filed Against:

Date of Incident(s): 

Location(s):                                         Time: 

Describe the basis for your report.  Include information about the incident, participants, background to the incident, and any attempts you have made to resolve the problem. Please note relevant dates, times, and places.

Indicate if there are witnesses who can provide more information regarding your report.  If the witnesses are not school district staff or students, please provide contact information.

Name                                      Address                     Telephone Number

Have there been previous incidents (circle one)?                   Yes                  No

If “yes”, please describe the behavior of concern or the violence that occurred; include the approximate date(s) and the location(s):

Were these incidents reported to school employees (circle one)       Yes     No 

If “Yes”, to whom was it reported and when?

Was the report verbal or written?  

Proposed Solution:

Indicate your opinion on how this problem might be resolved in the school setting. Be as specific as possible.

I certify that the above information and events are accurately depicted to the best of my knowledge.

Signature of Reporter             Date Submitted                      

Received By               Date Received

9/1/2020

 SAFE SCHOOL CLIMATE PLAN

 The Meriden Board of Education (the “Board”) is committed to creating and maintaining a physically, emotionally, and intellectually safe educational environment within the Meriden Public Schools (the “District”), free from bullying, teen dating violence, harassment and discrimination.  In order to foster an atmosphere conducive to learning, the Board has developed the following Safe School Climate Plan (the “Plan”), consistent with state law and Board policy.  This Plan represents a comprehensive approach to addressing bullying, cyberbullying and teen dating violence and sets forth the Board’s expectations for creating a positive school climate and thus preventing, intervening, and responding to incidents of bullying and teen dating violence. 

Bullying behavior and teen dating violence are strictly prohibited, and students who are determined to have engaged in such behavior are subject to disciplinary action, which may include suspension or expulsion from school.  The District’s commitment to addressing bullying behavior and teen dating violence, however, involves a multi-faceted approach, which includes education and the promotion of a positive school climate in which bullying will not be tolerated by students or school staff.

I.  Prohibition Against Bullying, Teen Dating Violence and Retaliation

A.  The Board expressly prohibits any form of bullying behavior and teen dating violence on 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 local or regional board of education; or through the use of an electronic device or an electronic mobile device owned, leased or used by the Board.

B.  The Board also prohibits any form of bullying behavior outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school.

C.  The Board further prohibits any form of teen dating violence outside of the school setting if such violence substantially disrupts the educational process.

D.  In addition to prohibiting student acts that constitute bullying, the Board also prohibits discrimination and/or retaliation against an individual who reports or assists in the investigation of an act of bullying.

E.  Students who engage in bullying behavior or teen dating violence in violation of Board policy and the Plan shall be subject to school discipline, up to and including expulsion, in accordance with the Board's policies on student discipline, suspension and expulsion, and consistent with state and federal law.

II.  Definition of Bullying

A.  “Bullying” means an act that is direct or indirect and severe, persistent or pervasive, which:

                        (1)        causes physical or emotional harm to an individual;

                        (2)        places an individual in reasonable fear of physical or emotional harm; or

            (3)        infringes on the rights or opportunities of an individual at school.

B.  Bullying shall include, but need not be limited to, a written, oral or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

III.       Other Definitions

A.  “Cyberbullying” means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

B.  “Discrimination” means unlawful discrimination that occurs when a student is denied participation in, or the benefits of, a program or activity of the Board because of such student’s actual or perceived race, color, religion, age, sex, sexual orientation, marital status, national origin, alienage, ancestry, disability, pregnancy, gender identity or expression, veteran status, status as a victim of domestic violence or any other basis prohibited by state or federal law (“Protected Class”).

C. “Electronic communication” means 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, photoelectronic or photo-optical system.

D.  “Emotional intelligence” means the ability to (1) perceive, recognize and understand emotions in oneself or others, (2) use emotions to facilitate cognitive activities, including, but not limited to, reasoning, problem solving and interpersonal communications, (3) understand and identify emotions, and (4) manage emotions in oneself and others.

E.  “Harassment” is a form of Protected Class discrimination that is prohibited by law and by this policy. Harassment constitutes unlawful discrimination when it creates a hostile environment, which occurs when the harassment is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a   Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents.  Harassment may be an act of bullying.

F.  “Hostile environment” means a situation in which bullying among students is sufficiently severe or pervasive to alter the conditions of the school climate.

G.  “Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted.

H.  “Outside of the school setting” means at a location, activity or program that is not school related, or through the use of an electronic device or a mobile electronic device that is not owned, leased or used by the Board.

I.  “Positive school climate” means a school climate in which (1) the norms, values, expectations and beliefs that support feelings of social, emotional and physical safety are promoted, (2) students, parents, and guardians of students and school employees feel engaged and respected and work together to develop and contribute to a shared school vision, (3) educators model and nurture attitudes that emphasize the benefits and satisfaction gained from learning, and (4) each person feels comfortable contributing to the operation of the school and care of the physical environment of the school.

 J.  “Prevention and intervention strategy” may include, but is not limited to,

(1)        implementation of a positive behavioral interventions and supports process or another evidence-based model approach for safe school climate or for the prevention of bullying identified by the Connecticut State Department of Education (the “Department”),

(2)        school rules prohibiting bullying, teen dating violence, harassment and intimidation and establishing appropriate consequences for those who engage in such acts,

(3)        adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying is likely to occur,

(4)        inclusion of grade-appropriate bullying and teen dating violence education and prevention curricula in kindergarten through high school,

(5)        individual interventions with the bully, parents and school employees, and interventions with the bullied child, parents and school employees,

(6)        school-wide training related to safe school climate,

(7)        student peer training, education and support,   

(8)        promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings and individual interventions, and

(9)        culturally competent school-based curriculum focusing on social-emotional learning, self-awareness and self-regulation.

K.  “School climate” means the quality and character of school life based on patterns of students’, parents’ and guardians’ and school employees’ experiences of school life, including but not limited to, norms, goals, values, interpersonal relationships, teaching and learning practices and organizational structures.

L.  “School employee” means

(1)        a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in a public elementary, middle or high school; or

(2)        any other individual who, in the performance of the individual’s duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the Board.

M.  “School-Sponsored Activity” shall mean any activity conducted on or off school property (including school buses and other school-related vehicles) that is sponsored, recognized or authorized by the Board.

N.  “Social and emotional learning” means the process through which children and adults achieve emotional intelligence through the competencies of self-awareness, self-management, social awareness, relationship skills and responsible decision-making.

O.  “Teen dating violence” means any act of physical, emotional or sexual abuse, including stalking, harassing and threatening, that occurs between two students who are currently in or who have recently been in a dating relationship.

IV.  Leadership and Administrative Responsibilities

 A.  Safe School Climate Coordinator

            The Superintendent shall appoint, from existing District staff, a District Safe School Climate Coordinator (“Coordinator”).  The Coordinator shall:

                        (1)        be responsible for implementing the District’s Safe School Climate Plan (“Plan”);

                        (2)        collaborate with Safe School Climate Specialists, the Board, and the Superintendent to prevent, identify and respond to bullying in District schools and programs;

                        (3)        provide data and information, in collaboration with the Superintendent, to the Department regarding bullying; and

                        (4)        meet with Safe School Climate Specialists at least twice during the school year to discuss issues relating to bullying in the District and to make recommendations concerning amendments to the Plan.

B.  Safe School Climate Specialist

                        The Principal of each school (or principal’s designee) or responsible administrator of any alternative education program operated by the Board (“responsible administrator”) shall serve as the Safe School Climate Specialist.  The Safe School Climate Specialist shall investigate or supervise the investigation of reported acts of bullying, collect and maintain records of reports and investigations of bullying in the school and act as the primary school official responsible for preventing, identifying and responding to reports of bullying in the school or program.

V.  Development and Review of Safe School Climate Plan

A.  The Principal of each school or responsible administrator shall establish a committee or designate at least one existing committee (“Committee”) in the school or program to be responsible for developing and fostering a safe school climate and addressing issues relating to bullying in the school or program. Such committee shall include:

(1)  at least one parent/guardian of a student enrolled in the school or program, as appointed by the school principal or responsible administrator;

(2)  school personnel, including, but not limited to, at least one teacher selected by the exclusive bargaining representative for certified employees;

(3)  medical and mental health personnel assigned to such school or program; and

(4)  in the case of a committee for a high school, at least one student enrolled at such high school who is selected by the students of such school in a manner determined by the school principal or responsible administrator.

B.  The Committee shall:

(1)        receive copies of completed reports following bullying investigations;

(2)        identify and address patterns of bullying among students in the school or program;

(3)        implement the provisions of the school security and safety plan,  regarding the collection, evaluation and reporting of information relating to instances of disturbing or threatening behavior that may not meet the definition of bullying,

(4)        review and amend school or program policies relating to bullying;

(5)        review and make recommendations to the Coordinator regarding the Plan based on issues and experiences specific to the school or program;

(6)        educate students, school employees and parents/guardians on issues relating to bullying;

(7)        collaborate with the Coordinator in the collection of data regarding bullying; and

(8)        perform any other duties as determined by the principal or responsible administrator that are related to the prevention, identification and response to school bullying.

C.  Any parent/guardian or student serving as a member of the Committee shall not participate in any activities that may compromise the confidentiality of any student, including, but not limited to, receiving copies of investigation reports, or identifying or addressing patterns of bullying among students in the school or program.

D.  The Board shall approve the Plan developed pursuant to Board policy and submit such plan to the Department. Not later than thirty (30) calendar days after approval by the Board, the Board shall make such Plan available on the Board's and each individual school or program on the District's web site and ensure that the Plan is included in the District's publication of the rules, procedures and standards of conduct for schools and programs and in all student handbooks.

VI.  Procedures for Reporting and Investigating Complaints of Bullying 

A.  Students and parents (or guardians of students) may file written reports of bullying. Written reports of bullying shall be reasonably specific as to the basis for the report, including the time and place of the alleged conduct, the number of incidents, the target of the suspected bullying, and the names of potential witnesses.  Such reports may be filed with any building or program administrator and/or the Safe School Climate Specialist (i.e., building principal or designee), and all reports shall be forwarded to the Safe School Climate Specialist for review and actions consistent with this Plan.

B.  Students may make anonymous reports of bullying to any school employee. Students may also request anonymity when making a report, even if the student’s identity is known to the school employee.  In cases where a student requests anonymity, the Safe School Climate Specialist or designee shall meet with the student (if the student’s identity is known) to review the request for anonymity and discuss the impact that maintaining the anonymity of the complainant may have on the investigation and on any possible remedial action.  All anonymous reports shall be reviewed and reasonable action will be taken to address the situation, to the extent such action may be taken that does not disclose the source of the report, and is consistent with the due process rights of the student(s) alleged to have committed acts of bullying.  No disciplinary action shall be taken solely on the basis of an anonymous report.

C.  School employees who witness acts of bullying or receive reports of bullying shall orally notify the Safe School Climate Specialist, or another school or program administrator if the Safe School Climate Specialist is unavailable, not later than one (1) school day after such school employee witnesses or receives a report of bullying. The school employee shall then file a written report not later than two (2) school days after making such oral report.

D.  The Safe School Climate Specialist shall be responsible for reviewing any anonymous reports of bullying and shall investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports. The Safe School Climate Specialist shall also be responsible for promptly notifying the parents or guardians of the student alleged to have committed an act or acts of bullying, and the parents or guardians of the student against whom such alleged act or acts were directed, that an investigation has commenced.  In order to allow the District to adequately investigate complaints filed by a student or parent/guardian, the parent of the student suspected of being bullied should be asked to provide consent to permit the release of that student’s name in connection with the investigation process, unless the student and/or parent has requested anonymity.

E.  In investigating reports of bullying, the Safe School Climate Specialist or designee will consider all available information known, including the nature of the allegations and the ages of the students involved. The Safe School Climate Specialist will interview witnesses, as necessary, reminding the alleged perpetrator and other parties that retaliation is strictly prohibited and may result in disciplinary action.

VII.     Responding to Verified Acts of Bullying

A.  Following investigation, if acts of bullying are verified, the Safe School Climate Specialist or designee shall notify the parents or guardians of the students against whom such acts were directed as well as the parents or guardians of the students who commit such acts of bullying of the finding not later than forty-eight (48) hours after the investigation is completed. This notification shall include a description of the school or program’s response to the acts of bullying; the results of such investigation; and verbally or by electronic mail, if such parents’ or guardians’ electronic mail addresses are known, that such parents of guardians may refer to the plain language explanation of the rights and remedies available under Conn. Gen. Stat. Sections 10-4a and 10-4b once such explanation has been provided to the Board by the Connecticut Social and Emotional Learning and School Climate Advisory Collaborative and published on the Internet website of the Board.  In providing such notification, however, the District will take care to respect the statutory privacy rights of other students, including the perpetrator of such bullying.  The specific disciplinary consequences imposed on the perpetrator, or personally identifiable information about a student other than the parent/guardian’s own child, may not be disclosed except as provided by law.

B. In any instance in which bullying is verified, the Safe School Climate Specialist or designee shall invite the parents or guardians of the student against whom such act was directed to a meeting to communicate the measures being taken by the school or program to promote the safety of the student/victim and policies and procedures in place designed to prevent further acts of bullying. The Safe School Climate Specialist or designee shall also invite the parents or guardians of a student who commits any verified act of bullying to a meeting, separate and distinct from the previously described meeting, to discuss specific interventions undertaken by the school designed to prevent further acts of bullying.  The invitations may be made simultaneous with the notification described above in Section VII.A.   

C.  If bullying is verified, the Safe School Climate Specialist or designee shall develop a student safety support plan for any student against whom an act of bullying was directed. Such support plan will include safety measures designed to protect against further acts of bullying.

D.  A specific written intervention plan shall be developed to address repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. The written intervention plan may include counseling, discipline and other appropriate remedial actions as determined by the Safe School Climate Specialist or designee and may also incorporate a student safety support plan, as appropriate.

E.  Notice to Law Enforcement

If the principal of a school or responsible administrator (or designee) reasonably believes that any act of bullying constitutes a criminal offense, the principal or responsible administrator shall notify appropriate law enforcement.  Notice shall be consistent with the Board’s obligations under state and federal law and Board policy regarding the disclosure of personally identifiable student information.  In making this determination, the principal, responsible administrator or designee, may consult with the school resource officer, if any, and other individuals the principal, responsible administrator or designee deems appropriate. 

F.  If a bullying complaint raises a concern about Protected Class discrimination or harassment, the Safe School Climate Specialist or designee shall also coordinate any bullying investigation with other appropriate personnel within the District as appropriate (e.g. Title IX Coordinator, Section 504 Coordinator, etc.), in a manner designed to ensure that any such bullying investigation complies with the requirements of such policies regarding nondiscrimination.  

VIII.    Teen Dating Violence

A. The District strictly prohibits, and takes very seriously any instances of, teen dating violence, as defined above. The District recognizes that teen dating violence may take many different forms and may also be considered bullying and/or sexual harassment.

B.  Students and parents (or guardians of students) may bring verbal or written complaints regarding teen dating violence to any building or program administrator.  The building or program administrator shall promptly refer the complaint to the Title IX Coordinator.

C.  Prevention and intervention strategies concerning teen dating violence shall be implemented in accordance with Section X below. Discipline, up to and including expulsion, may be imposed against the perpetrator of teen dating violence, whether such conduct occurs on or off campus, in accordance with Board policy and consistent with federal and state law.

IX.  Documentation and Maintenance of Log

A.  Each school and program operated by the Board shall maintain written reports of bullying, along with supporting documentation received and/or created as a result of bullying investigations, consistent with the Board’s obligations under state and federal law. Any educational record containing personally identifiable student information pertaining to an individual student shall be maintained in a confidential manner, and shall not be disclosed to third parties without prior written consent of a parent, guardian or eligible student, except as permitted under Board policy and state and federal law. 

B.  The Principal of each school or responsible administrator shall maintain a list of the number of verified acts of bullying in the school or program and this list shall be available for public inspection upon request. Consistent with District obligations under state and federal law regarding student privacy, the log shall not contain any personally identifiable student information or any information that alone or in combination would allow a reasonable person in the school community to identify the students involved.  Accordingly, the log should be limited to basic information such as the number of verified acts, name of school and/or grade level and relevant date.  Each investigation that results in a verified act of bullying for that school year shall be tallied as one verified act of bullying unless the specific actions that are the subject of each report involve separate and distinct acts of bullying.  The list shall be limited to the number of verified acts of bullying in each school or program and shall not set out the particulars of each verified act, including, but not limited, to any personally identifiable student information, which is confidential information by law.

C.  The Principal of each school or responsible administrator shall report the number of verified acts of bullying in the school or program annually to the Department in such manner as prescribed by the Connecticut Commissioner of Education.

X. Other Prevention and Intervention Strategies

A.  Bullying behavior and teen dating violence can take many forms and can vary dramatically in the nature of the offense and the impact the behavior may have on the victim and other students. Accordingly, there is no one prescribed response to verified acts of bullying or to teen dating violence.  While conduct that rises to the level of “bullying” or “teen dating violence,” as defined above, will generally warrant traditional disciplinary action against the perpetrator of such bullying or teen dating violence, whether and to what extent to impose disciplinary action (e.g., detention, in-school suspension, suspension or expulsion) is a matter for the professional discretion of the building principal (or responsible program administrator or designee).  No disciplinary action may be taken solely on the basis of an anonymous complaint of bullying.  As discussed below, schools and programs may also consider appropriate alternatives to traditional disciplinary sanctions, including age-appropriate consequences and other restorative or remedial interventions. 

B.  A specific written intervention plan shall be developed to address repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. This plan may include safety provisions, as described above, for students against whom acts of bullying have been verified and may include other interventions such as counseling, discipline, and other appropriate remedial or restorative actions as determined by the responsible administrator.

C.  The following sets forth possible interventions, which may also be utilized to enforce the Board’s prohibition against bullying and teen dating violence:

            (1)        Non-disciplinary interventions

When verified acts of bullying are identified early and/or when such verified acts of bullying do not reasonably require a disciplinary response, students may be counseled as to the definition of bullying, its prohibition, and their duty to avoid any conduct that could be considered bullying.  Students may also be subject to other forms of restorative discipline or remedial actions, appropriate to the age of the students and nature of the behavior.

If a complaint arises out of conflict between students or groups of students, peer or other forms of mediation may be considered.  Special care, however, is warranted in referring such cases to peer mediation.  A power imbalance may make the process intimidating for the victim and therefore inappropriate.  In such cases, the victim should be given additional support.  Alternatively, peer mediation may be deemed inappropriate to address the concern.

When an act or acts of teen dating violence are identified, the students involved may be counseled as to the seriousness of the conduct, the prohibition of teen dating violence, and their duty to avoid any such conduct.  Students may also be subject to other forms of restorative discipline or remedial actions, appropriate to the age of the students and nature of the behavior.

(2)        Disciplinary interventions

When acts of bullying are verified or teen dating violence occurs, and a disciplinary response is warranted, students may be subject to the full range of disciplinary consequences.  Anonymous complaints of bullying, however, shall not be the basis for disciplinary action.

In-school suspension and suspension may be imposed only after informing an accused student of the reasons for the proposed suspension and giving the accused student an opportunity to explain the situation, in accordance with the Board’s Student Discipline policy. 

Expulsion may be imposed only after a hearing before the Board, a committee of the Board or an impartial hearing board designated by the Board in accordance with the Board’s Student Discipline policy.  This consequence shall normally be reserved for serious incidents of bullying and teen dating violence, and/or when past interventions have not been successful in eliminating bullying behavior and/or teen dating violence. 

(3)        Interventions for bullied students and victims of teen dating violence

The building principal (or other responsible program administrator) or designee shall intervene in order to address incidents of bullying or teen dating violence against a single individual.  Intervention strategies for a bullied student or victim of teen dating violence may include the following:

(a)        Referral to a school counselor, psychologist or other appropriate social or mental health service;

(b)        Increased supervision and monitoring of student to observe and intervene in bullying situations or instances of teen dating violence;

(c)        Encouragement of student to seek help when victimized or witnessing victimization;

(d)       Peer mediation or other forms of mediation, where appropriate;

(e)        Student Safety Support plans;

(f)        Restitution and/or restorative interventions; and

(g)        Periodic follow-up by the Safe School Climate Specialist and/or Title IX Coordinator with the bullied student or victim of teen dating violence.

(4)        General prevention and intervention strategies

In addition to the prompt investigation of complaints of bullying and direct intervention when acts of bullying are verified, other District actions may ameliorate potential problems with bullying in school or at school-sponsored activities.  Additional District actions may also ameliorate potential problems with teen dating violence.  While no specific action is required, and school needs for specific prevention and intervention strategies may vary from time to time, the following list of potential prevention and intervention strategies shall serve as a resource for administrators, teachers and other professional employees in each school and District program.  Such prevention and intervention strategies may include, but are not limited to:

(a)        School and program rules prohibiting bullying, teen dating violence, harassment and intimidation and establishing appropriate consequences for those who engage in such acts;

(b)        Adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying or teen dating violence are likely to occur;

(c)        Inclusion of grade-appropriate bullying and teen dating violence education and prevention curricula in kindergarten through high school, which may include instruction regarding building safe and positive school communities including developing healthy relationships and preventing dating violence as deemed appropriate for older students;

(d)       Individual interventions with the perpetrator, parents and school employees, and interventions with the bullied student, parents and school employees;

(e)        School-wide training related to safe school climate, which training may include Title IX sex discrimination/sexual harassment prevention training, Section 504/ADA training, cultural diversity/multicultural education or other training in federal and state civil rights legislation or other topics relevant to safe school climate;

(f)        Student peer training, education and support;

(g)        Promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings and individual interventions;

(h)        Implementation of a positive behavioral interventions and supports process or another evidence-based model approach for a safe school climate or for the prevention of bullying and teen dating violence, including any such program identified by the Department;

(i)         Respectful responses to bullying and teen dating violence concerns raised by students, parents or staff;

(j)         Planned professional development programs addressing prevention and intervention strategies, which training may include school violence prevention, conflict resolution and prevention of bullying and teen dating violence, with a focus on evidence based practices concerning same;

(k)        Use of peers to help ameliorate the plight of victims and include them in group activities;

(l)         Avoidance of sex-role stereotyping;

(m)       Continuing awareness and involvement on the part of school employees and parents with regards to prevention and intervention strategies;

(n)        Modeling by teachers of positive, respectful, and supportive behavior toward students;

(o)        Creating a school atmosphere of team spirit and collaboration that promotes appropriate social behavior by students in support of others;

(p)        Employing classroom strategies that instruct students how to work together in a collaborative and supportive atmosphere; and

(q)        Culturally competent school-based curriculum focusing on social-emotional learning, self-awareness and self-regulation.

D.  In addition to prevention and intervention strategies, administrators, teachers and other professional employees may find opportunities to educate students about bullying and help eliminate bullying behavior through class discussions, counseling, and reinforcement of socially-appropriate behavior. Administrators, teachers and other professional employees should intervene promptly whenever they observe mean-spirited student conduct, even if such conduct does not meet the formal definition of “bullying.”

E.  unding for the school-based bullying intervention and school climate improvement strategy may originate from public, private, federal or philanthropic sources.

XI.  Improving School Climate

[Individual schools and programs should use this section to outline affirmative steps to improve the quality of school climate as defined within a particular school, program and/or district.  These strategies should align with school improvement plans and school climate assessments, and be based on current data available on the quality of school climate within the school, program and/or district including, but not limited to, the type, nature, frequency etc. of behavior that may constitute or lead to bullying, teen dating violence, harassment or similar behavior.  This section is intended to be broader in scope and should be targeted towards fostering positive school climate rather than exclusively preventing, investigating and otherwise responding to specific incidences of bullying and teen dating violence.]

XII.     Annual Notice and Training

A.  Students, and parents or guardians of students shall be notified annually of the process by which students may make reports of bullying.

B.  The Board shall provide for the inclusion of language in student codes of conduct concerning bullying.

C.  At the beginning of each school year, each school and program shall provide all school employees with a written or electronic copy of the District’s safe school climate plan and require that all school employees annually complete training on the identification, prevention and response to bullying as required by law.

D.  As required by state law, the Board, after consultation with the Department and the Social and Emotional Learning and School Climate Advisory Collaborative (the “Collaborative”),  shall also provide on its website training materials to school administrators regarding the prevention of and intervention in discrimination against and targeted harassment of students based on such students’ (1) actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, socioeconomic status, academic status, physical appearance or mental, physical, developmental or sensory disability, or (2) association with individuals or groups who have or are perceived to have one or more of such characteristics.

E.  Any person appointed by the District to serve as District safe school climate coordinator shall complete mental health and first aid training offered by the Commissioner of Mental Health and Addiction Services.

XIII.    School Climate Assessments

Biennially, the Board shall require each school and program in the District to complete an assessment using the school climate assessment instruments, including surveys, approved and disseminated by the Department.  The Board shall collect the school climate assessments for each school and program in the District and submit such assessments to the Department.

Legal References:

Conn. Gen. Stat. § 10-222d

Conn. Gen. Stat. § 10-222g

Conn. Gen. Stat. § 10-222h

Conn. Gen. Stat. § 10-222j

Conn. Gen. Stat. § 10-222k

Conn. Gen. Stat. § 10-222l

Conn. Gen. Stat. § 10-222q

Conn. Gen. Stat. § 10-222r

Conn. Gen. Stat. §§ 10-233a through 10-233f

Connecticut State Department of Education Circular Letter C-8,

Series 2008-2009 (March 16, 2009)

Connecticut State Department of Education Circular Letter C-3,

Series 2011-2012 (September 12, 2011)

Connecticut State Department of Education Circular Letter C-2,

Series 2014-2015 (July 14, 2014)

Connecticut State Department of Education Circular Letter C-1,

Series 2018-2019 (July 12, 2018)

Connecticut State Department of Education Circular Letter C-1,

Series 2019-2020 (July 16, 2019)

Approved:       December 5, 2006

Amended:       September 1, 2009

Amended:       November 15, 2011

Amended:       August 19, 2014

Amended:       April 28, 2015

Amended:       September 1, 2020

Amended:       November 20, 2023

Previous Policy Number: 5131 (R)

/uploads/5030_1-E-INTERNAL_INVESTIGATION_NOTES.pdf

Please click the link for the Report of BUllying Form/Investigation Summary

/uploads/5030_2-E-MPS_BULLYING_FORM-INVT_SUMMARY.pdf

Please click on the link:

/uploads/5030_3-E-MPSFORM_BULLYIN_CONSENT_TO_RELEASE_STUDENT_INFO.pdf

Please click on the link:

/uploads/5030_4-E-REPT_OF_TEEN_DATING_VIOLENCE_FORM.pdf

PHYSICAL ACTIVITY, UNDIRECTED PLAY AND STUDENT DISCIPLINE

It is the policy of the Meriden Board of Education (the Board) to promote the health and well-being of district students by encouraging healthy lifestyles including promoting physical exercise and activity as part of the school day.

Prohibition on Deprivation of Physical Exercise Period or Undirected Play Period as a Form of Discipline:

For elementary school students, the Board includes a time of not less than twenty (20) minutes in total, during the regular school day, to be devoted to physical exercise, except that a planning and placement team (“PPT”) may develop a different schedule for students requiring special education and related services.

The administration may include additional time, beyond the twenty minutes required for physical exercise, devoted to undirected play during the regular school day for elementary school students.

In an effort to promote physical exercise and undirected play, the Board prohibits school employees from disciplining elementary school students by preventing them from participating in the full 20 minutes of time devoted to physical exercise or additional time devoted to undirected play during the regular school day, except in instances where the student’s behavior poses a health and/or safety concern or as determined by a student’s Section 504 or planning and placement team.

Prohibition on Compulsion of Physical Activity as a Form of Discipline:

 For all students, the Board prohibits school employees from disciplining students by requiring students to engage in physical activity as a form of discipline during the regular school day.

Definition:

For the purposes of this policy, a “school employee” is defined as (1) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in the district schools, or (2) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in the district schools pursuant to a contract with the Board. 

Disciplinary Action for Failure to Follow Policy:

Any employee who fails to comply with the requirements of this policy may be subject to discipline, up to and including termination of employment.  Any contracted individual who provides services to or on behalf of students enrolled in the district and who fails to comply with the requirements of this policy may be subject to having his/her contract for services suspended by the district.

Legal References:

Connecticut General Statutes:

                        Public Act 19-173.  An Act Concerning the Inclusion of Additional Time Devoted to Undirected Play to the Regular School Day.

• 10-221o       Lunch periods.  Recess. Boards to adopt policies addressing the limitations of physical exercise

• 10-221u Boards to adopt policies addressing the use of physical activity as discipline

ADOPTED:    11/19/2019

 RECESS AND PLAY-BASED LEARNING

It is the policy of the Meriden Board of Education (the “Board”) to promote the health and well-being of district students by encouraging healthy lifestyles and mental health wellness, including promoting physical exercise, activity and play as part of the school day within the Meriden Public Schools (“District”).

For purposes of this policy, a “school employee” is defined as (1) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or working in the district schools, or (2) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in the district schools pursuant to a contract with the Board. 

For purposes of this policy, “recess” means the time during the regular school day for each student enrolled in elementary school that is devoted to physical exercise of not less than twenty minutes in total pursuant to Conn. Gen. Stat. § 10-221o.

I.  Deprivation of Recess or Undirected Play Period as a Form of Discipline

For elementary school students, the Board includes a time of not less than twenty (20) minutes in total, during the regular school day, for recess, except that a planning and placement team (“PPT”) may develop a different schedule for students requiring special education and related services.

The administration may include additional time, beyond the twenty (20) minutes required for recess, devoted to undirected play during the regular school day for elementary school students.

In an effort to promote physical exercise and undirected play, the Board prohibits school employees from disciplining elementary school students by preventing them from participating in the full twenty (20) minutes of recess or additional time devoted to undirected play during the regular school day, except in accordance with this policy or as determined by a student’s Section 504 team or PPT.

A.  Recess Period

School employees may prevent or otherwise restrict a student from participating in the entire time devoted to recess as a form of discipline only under the following circumstances:

1)  When a student poses a danger to the health or safety of other students or school personnel; or

2)  If there are two or more periods devoted to recess in a school day, then when the prevention or restriction of recess is limited to the period of recess that is the shortest in duration, provided that the student still participates in at least twenty minutes of recess in a school day.

School employees may prevent or restrict a student from participating in the entire time devoted to recess as a form of discipline, in accordance with this policy, only one time during a school week, unless the student is a danger to the health or safety of other students or school personnel.

School employees may not prevent or restrict a student from participating in the entire time devoted to recess if such prevention or restriction is related to the student’s failure to complete school work on time or to the student’s academic performance.

This policy distinguishes between a) discipline that is imposed before recess begins and b) discipline imposed during recess or methods used to redirect a student’s behavior during recess.  School personnel may impose discipline during recess as a result of student’s behavior during recess, if such discipline is in accordance with Board policies and procedures.  School personnel may also use methods to redirect a student’s behavior, in the event such behavior warrants redirection, during recess.  For clarity, the prohibition against preventing or restricting a student’s participation in the time devoted to recess shall apply to student conduct that occurs prior to the recess time, rather than during the recess time.

B.  Undirected Play Period

School employees may not discipline elementary school students by preventing them from participating in the full time devoted to undirected play, if any, during the regular school day, except when a student poses a danger to the health or safety of other students or school personnel, or as determined by a student’s Section 504 team or PPT.

II.  Play-Based Learning Requirements for Pre-Kindergarten to Grade Five 

Effective July 1, 2024, the Board directs the District administration to 1) provide for play-based learning during the instructional time of each regular school day for all students in kindergarten and any preschool program operated by the Board; and 2) permit a teacher to utilize play-based learning during the instructional time of the regular school day for all students in grades one to five, inclusive. 

A.  Definitions for Section II 

1)  “Free play” means unstructured, voluntary, child-initiated activities that are performed by a child for self-amusement and have behavioral, social and psychomotor rewards, except free play may be structured to promote activities that are child-directed, joyful and spontaneous. 

2)  “Guided play” means learning experiences that combine the child-directed nature of free play with a focus on learning outcomes and adult guidance. 

3)  “Play-based learning” means a pedagogical approach that emphasizes play in promoting learning and includes developmentally appropriate strategies that can be integrated with existing learning standards. Play-based learning does not mean time spent in recess or as part of a physical education course or instruction. 

4)  “Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted. 

5)  “Instructional time” means the time of actual school work during a regular school day. 

B.  Play-Based Learning Requirements for Pre-Kindergarten and Kindergarten 

Play-based learning shall be provided during the instructional time of each regular school day for all students in kindergarten and any preschool program operated by the Board. Such play-based learning shall:

1)  be incorporated and integrated into daily practice;

2)  allow for the needs of such students to be met through free play, guided play and games; and

3)  be predominantly free from the use of mobile electronic devices.

C.  Play-Based Learning Requirements for Grades One to Five, Inclusive 

The Board permits teachers to utilize play-based learning during the instructional time of a regular school day for all students in grades one to five, inclusive. Such play-based learning:

1)  may be incorporated and integrated into daily practice;

2)  shall allow for the needs of such students to be met through free play, guided play and games; and

3)  shall be predominantly free from the use of mobile electronic devices.

D.  Play-Based Learning for Students with IEPs or Section 504 Plans 

Any play-based learning utilized shall comply with a student’s individualized education program (“IEP”) or Section 504 plan. 

E.  Deprivation of Play-Based Learning as a Form of Discipline 

School employees may not discipline elementary school students by preventing them from participating in the full time devoted to play-based learning, if any, during the regular school day, except when a student poses a danger to the health or safety of other students or school personnel, or as determined by a student’s Section 504 team or PPT.

 III.  Prohibition on Compulsion of Physical Activity as a Form of Discipline

For all students, the Board prohibits school employees from disciplining students by requiring students to engage in physical activity as a form of discipline during the regular school day.

IV.  Disciplinary Action for Failure to Follow Policy

Any employee who fails to comply with the requirements of this policy may be subject to discipline, up to and including termination of employment.  Any contracted individual who provides services to or on behalf of students enrolled in the district and who fails to comply with the requirements of this policy may be subject to having the individual’s contract for services suspended by the district.

Legal References:

Connecticut General Statutes:

• 10-221o       Lunch periods.  Recess. Boards to adopt policies  addressing limitation of physical exercise

• 10-221u Boards to adopt policies addressing the use of physical activity as discipline

Public Act No. 23-159, “An Act Concerning Teachers and Paraeducators”

Public Act No. 23-101, “An Act Concerning the Mental, Physical and Emotional Wellness of Children”

ADOPTED:    11/19/2019

Amended:     11/20/2023

                                                                                                                                                              Policy 5040   

ASSIGNMENT OF STUDENTS TO SCHOOLS AND CLASSES

Assignment of students to elementary, middle and high schools will be according to the school attendance areas as established by the Board, except as otherwise provided below. Parents/guardians must report promptly to the school administration any changes of home address.

The assignment of students to classes is made by the principal or designee with the assistance of the guidance staff.

School Assignment for Elementary Schools

Students are assigned to the school of the designated school attendance area in which the parent/guardian resides.  The Superintendent or his/her designee may grant limited exceptions to this rule in the following instances:

●      when an educationally-related recommendation is made by a principal or supervisor that the student should attend school in another school attendance area;

●      when attendance in another school is medically necessary (e.g., availability of special services at the different schools);

●      when a student changes residence to a different designated school attendance area before the close of the first trimester or after the close of the second trimester. In such cases, the student may be permitted to begin the year at the new school or complete the year at the former school, provided that the parent or guardian assumes responsibility for transportation;

●      when a parent/guardian request is granted for placement of their child in a school other than the school of the designated school attendance area, provided that the parent or guardian assumes responsibility for transportation.  Requests will be considered based on class size, and, if approved, the exception shall be effective in subsequent years for the grades at that school.  The Superintendent reserves the right to withdraw permission for this exception if attendance is not satisfactory, including tardiness.

School Assignment for Middle Schools

Middle school students have the opportunity to participate in a lottery for school assignment each year.  Students who do not participate in the lottery are assigned to the school of the designated school attendance area where their parent/guardian resides. Once admitted to a school through the lottery, students shall continue in attendance in that school through the middle school grades, subject to their right to participate in the lottery for school assignment for the coming year.  Students seeking to enroll in middle school after school is out for the summer will be assigned for the coming year to the middle school that best serves the district’s interests (e.g., space available, resources) as determined by the Superintendent. Once assigned, such students shall continue in attendance in that school through the middle school grades, subject to their right to participate in the lottery for school assignment for the coming year.

School Assignment for High Schools

Students are assigned to the school of the designated school attendance area in which the parent/guardian resides.  The Superintendent or his/her designee may grant limited exceptions to this rule in the following instances:

●      Students who move to a different designated school attendance area after having completed grades nine and ten at Platt or Maloney respectively will be allowed to continue at that school if they so choose.

●      Students whose residence changes to a different designated school attendance area before the close of the first marking period or after the close of the third marking period. In such cases, the student may be permitted to begin the year at the new school or complete the year at the former school, provided that the parent or guardian assumes responsibility for transportation.

●      Students whose attendance at a school other than that in their designated school attendance area is legally required, as determined by the Superintendent or his/her designee in consultation with district legal counsel.

Approved: April 28, 1981

Amended: August 19, 2014

Amended: June 15, 2021

PROCEDURES FOR SCHOOL-INITIATED STUDENT TRANSFER

BETWEEN HIGH SCHOOLS

On occasion, it has been desirable to consider the transfer of a student from one high school to the other for social, academic or other unique reasons as outlined in Board policy.

In order to ensure full communication between both schools in such instances, a case conference is to be held with regard to the student in question.  The school initiating such a request should schedule the conference and invite a representative from the intended receiving school to participate.  Once a decision has been made to recommend transfer, the Associate Superintendent for Instruction shall be consulted for authorization.

Date Approved:          October 8, 1980

Amended:                    August 19, 2014

Previous Policy Number: IB5-R 

a.         Deed to home, current mortgage bill, homeowner's property tax      statement

b.         Escrow papers or signed mortgage commitment

c.         Homeowner's insurance policy (policy must be current and in         effect)

d.         Rental agreement showing student(s) name

AND

            a.         Current utility bill or home telephone bill

            b.         Automobile insurance

            c.         Bank or credit card statement

            d.         Current paycheck stub with address of residence

2.         The parent/guardian must establish that his or her child resides in Meriden with “relatives or nonrelatives” under the following conditions:

            a.         Residency with another person is intended to be permanent;

            b.         Residency is provided without pay from the child’s family;

            c.         Residency is not for the sole purpose of obtaining school    accommodations in Meriden Public Schools;

            d.         The other person signs a notarized affidavit (Host’s Statement) that           your child is residing with them;

            e.         The parent/guardian submits a notarized Parent’s Statement and Residency Affidavit.

3.         The student is placed in the City of Meriden by a state agency in accordance with Connecticut General Statutes § 10-253.  However, if the placement is made in a private residential facility, the district in which the student would otherwise be attending school is financially responsible for the student’s education. 

4.         The student is an emancipated minor, who shall submit appropriate court documents regarding the emancipation decree as well as evidence of Meriden residency.

The decision regarding the residency status of any student shall be made by the Superintendent of Schools (or his/her designee).  If, in the opinion of the superintendent/designee or the Meriden Board of Education, a student resides in Meriden for the primary purpose of obtaining school accommodations, or if the student has not established permanent residency, that student shall not be permitted to be enrolled or to continue enrollment in the Meriden Public Schools.

A number of factors have been enumerated in court cases that may be relevant to a determination of residency.  These may include, but are not limited to:

1.         Where the majority of the student’s clothing and personal possessions are located;

2.         Addresses used for driver’s license, voting registration, selective service registration, and motor vehicle registration;

3.         Where the student attends religious services;

4.         Place of club affiliations, e.g., cub scouts, boy scouts, etc.;

5.         Residence of child’s immediate family;

6.         Where the child spends substantial time when school is not in session;

7.         The degree of responsibility that the person with whom the child resides has over the child’s daily and general affairs, e.g., ability to consent to school trips and medical treatment, attend parent-teacher conferences, receive report cards, etc.;

8.         Number of days the child is residing in City;

9.         The location of schools attended previously;

10.      The place to which the child would go if such child left or were not permitted to attend school in Meriden;

11.      The purpose for which the child has come to Meriden;

12.      Who supplies the majority of support for the child’s welfare.

Placement Out Of Regular Attendance Area

Plans for class sizes, staffing and allocation of resources among schools at each level, as well as transportation schedules, are based on enrollment projections, which already account for movement of families within the City.  To insure equitability among schools, students are expected to attend the elementary and middle school in the attendance area for their address.  A waiver for attendance in another Meriden district may be granted under the certain circumstances provided the waiver does not have a negative impact on enrollment/class-size or scheduling at the affected schools.  [Please see IB5.]

Homeless Children and Youth

In accordance with federal law, the Meriden Board of Education does not permit discrimination against, segregation of, or stigmatization of, homeless children and youth.  School enrollment of homeless children and youth may not be denied or delayed due to lack of any documents normally required for enrollment.  [Please see Administrative Regulations Regarding Homeless Children and Youth.]

Rights of Appeal for Denial of Residency

When denial of educational accommodation is made on the basis of residency, the parent/guardian, an emancipated minor, or pupil 18 years of age or older, shall be informed in writing of his or her right to due process and to request a hearing by the Board of Education in accordance with Connecticut General Statutes, Section 10-186(b)(1).

Entitlement to free school accommodations for students applying for enrollment or attending the Meriden Public Schools shall be determined in accordance with state law and Meriden Board of Education policy as set forth in the following procedures:

1.         In the event the administration seeks denial of admission or disenrollment         under any such provisions, the school administration shall conduct an   investigation and, upon the approval of and/or consultation with the             superintendent/designee, provide a statement of the basis for a     determination of ineligibility, notice of the right to a hearing, and             notification to the board under whose jurisdiction the investigator believes           the child’s schooling belongs.

2.         Notice to the child who is over eighteen, or to an emancipated minor, or to a parent/guardian shall be, by certified mail, return receipt requested, or service delivered by hand, and shall include a request that said child's parent/guardian notify the board of his or her intention to request a hearing in writing within ten (10) school days of receipt of notice.  In the case of a request for a hearing on disenrollment, such notice shall inform the child or parent/guardian of his or her right to request that the child continue attending the Meriden Public Schools pending the hearing.  If no such request is received in ten (10) school days, the child will be denied admission or be enrolled.

3.         In the event that a hearing is requested, the Board of Education shall conduct a hearing in accordance with the provisions of Sections 4-176e to 4-180a, inclusive, and 4-181a.  The Board of Education shall make a finding within ten (10) days of the hearing.  The burden of proof in student residency disputes is on the party claiming residency.

4.         At such hearing, the parent(s)/guardian(s), or other person with whom the child allegedly resides, or the emancipated minor, or child over eighteen may be represented by counsel or by an advocate, at their expense.  At such hearing, all parties shall be afforded the opportunity to present evidence, cross-examine witnesses, and to make arguments on evidence relevant to the matter at hand. The Board may exclude irrelevant, immaterial, or unduly repetitious evidence.  A representative of the board in whose jurisdiction the Meriden Public Schools believes the child’s schooling belongs may attend and participate to the extent provided by law. 

5.         Any person aggrieved by the finding of the Board shall, upon request, be provided with a tape recording or a transcript of the hearing within thirty (30) days after said request, and may take an appeal from the finding to the State Board of Education.  A copy of an appeal shall be served on the Meriden Board of Education.  If an appeal to the State Board ofEducation is not taken within twenty (20) days of the mailing of the finding to the aggrieved party, the decision of the Meriden Board of Education shall be final.

6.         Parents/guardians have the right to request that their child remain in Meriden Public Schools while a residency hearing is in progress.

7.         Any party (including the Meriden Board of Education) aggrieved by the findings of the State Board of Education may appeal to the Connecticut Superior Court.  If neither party appeals, the State Board of Education decision becomes final.

8.         Where it is determined that the child was not eligible for school accommodations in Meriden, Meriden may assess tuition against the parent/guardian of the student or the emancipated minor or a pupil eighteen years of age or older in accordance with Connecticut General Statutes § 10-186. 

Cross References:

Policy DD4 (Tuition Fees)

Policy IB5 (Transfers and Withdrawals)

Policy IB6 (Non-Resident Students)

Legal References:

            Connecticut General Statutes:

10-186           Duties of Local Boards

                        Re:  School Attendance

10-253.          School Accommodations for Non-Residents

10-76d.          Duties and Powers of Boards of Education to                                                                          Provide Special Education Programs and Services.

Federal Law:

  The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§                           11431 et seq.

Approved:      February 6, 1980                                                        

Amended:     February 7, 2012                                                                       

IB6-E(1) Verification of Residence.pdf

IB6-E2_cert._of_residence.pdf

IB6-E(3)_Residency_Affidavit.pdf

HOMELESS CHILDREN AND YOUTH

In accordance with federal law, it is the policy of the Meriden Board of Education (the “Board”) to prohibit discrimination against, segregation of, or stigmatization of, homeless children and youth.  The Board authorizes the Administration to establish regulations setting forth procedures necessary to implement the requirements of law with respect to homeless children and youth.  In the event of conflict between federal and/or state law and these administrative regulations, the provisions of law shall control.

Legal References:                  

State Law:

Public Act 19-179, “An Act Concerning Homeless Students’ Access to Education”

10-186 Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment of hearing board. Readmission. Transfers

10-253 School privileges for children in certain placements, non-resident children and children in temporary shelters

                                    Federal Law:

The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§ 11431 et seq., as amended by Every Student Succeeds Act, Pub. L. 114-95.

ADOPTED:  December 18, 2018

AMENDED:  November 19, 2019

Cross reference:

Policy 5050, Non-Resident - Students

MERIDEN PUBLIC SCHOOLS

Dispute Resolution Process

Under Connecticut General Statutes Section 10-186

(1)        If any board of education denies such accommodations, the parent or guardian of any child who is denied schooling, or an emancipated minor or a pupil eighteen years of age or older who is denied schooling, or an agent or officer charged with the enforcement of the laws concerning attendance at school, may, in writing request a hearing by the board of education.  The board of education may

• conduct the hearing,
• designate a subcommittee of the board composed of three board members to conduct the hearing, or
• establish a local impartial hearing board of one or more persons not members of the board of education to conduct the hearing.

The board, subcommittee or local impartial hearing board shall give such person a hearing within ten days after receipt of the written request, make a stenographic record or tape recording of the hearing and make a finding within ten days after the hearing.  Hearings shall be conducted in accordance with the provisions of sections 4-176e to 4-180a, inclusive, and section 4-181a.  Any child, emancipated minor eighteen years or older who is denied accommodations on the basis of residency may continue in attendance in the school district at the request of the parent or guardian of such child or emancipated minor or pupil eighteen years of age or older, pending a hearing pursuant to this subdivision.  The party claiming ineligibility for school accommodations shall have the burden of proving such ineligibility by a preponderance of the evidence, except in cases of denial of schooling based on residency, the party denied schooling shall have the burden of proving residency by a preponderance of the evidence.

(2)        Any such parent, guardian, emancipated minor, pupil eighteen years of age or older, or agent or officer, aggrieved by the finding shall, upon request, be provided with a transcript of the hearing within thirty days after such request and may take an appeal from the finding to the State Board of Education.  A copy of each notice of appeal shall be filed simultaneously with the local or regional board of education and the State Board of Education.  Any child, emancipated minor or pupil eighteen years of age or older who is denied accommodations by a board of education as the result of a determination by such board, or a subcommittee of the board or local impartial hearing board, that the child is not a resident of the school district and therefore is not entitled to school accommodations in the district may continue in attendance in the school district at the request of the parent or guardian of such child or such minor or pupil, pending a determination of such appeal.  If an appeal is not taken to the State Board of Education within twenty days of the mailing of the finding to the aggrieved party, the decision of the board, subcommittee or local impartial hearing board shall be final.  The local or regional board of education shall, within ten days after receipt of notice of an appeal, forward the record of the hearing to the State Board of Education.  The State Board of Education shall, on receipt of a written request for a hearing made in accordance with the provisions of this subsection, establish an impartial hearing board of one or more persons to hold a public hearing in the local or regional school district in which the cause of the complaint arises.  Members of the hearing board may be employees of the state Department of Education or may be qualified persons from outside the department.  No member of the board of education under review nor any employee of such board of education shall be a member of the hearing board.  Members of the hearing board, other than those employed by the state of Connecticut, shall be paid reasonable fees and expenses as established by the State Board of Education within the limits of available appropriations.  Such hearing board may examine witnesses and shall maintain a verbatim record of all formal sessions of the hearing.  Either party to the hearing may request that the hearing board join all interested parties to the hearing, or the hearing board may join any interested party on its own motion.  The hearing board shall have no authority to make a determination of the rights and responsibilities of a board of education if such board is not a party to the hearing.  The hearing board may render a determination of actual residence of any child, emancipated minor or pupil eighteen years of age or older where residency is at issue.

            (3) The hearing board shall render its decision within forty-five days after receipt of the notice of appeal except that an extension may be granted by the Commissioner of Education upon an application by a party or the hearing board describing circumstances related to the hearing which require an extension.

            (4) If, after the hearing, the hearing board finds that any child is illegally or unreasonably denied schooling, the hearing board shall order the board of education under whose jurisdiction it has been found such child should be attending school to make arrangements to enable the child to attend public school.  Except in the case of a residency determination, the finding of the local or regional board of education, subcommittee of such board or a local impartial hearing board shall be upheld unless it is determined by the hearing board that the finding was arbitrary, capricious or unreasonable.  If such school officers fail to take action upon such order in any case in which such child is currently denied schooling and no suitable provision is made for such child within fifteen days after receipt of the order and in all other cases, within thirty days after receipt of the order, there shall be a forfeiture of the money appropriated by the state for the support of schools amounting to fifty dollars for each child for each day such child is denied schooling.  If the hearing board makes a determination that the child was not a resident of the school district and therefore not entitled to school accommodations from such district, the board of education may assess tuition against the parent or guardian of the child or the emancipated minor or pupil eighteen years of age or older based on the following:  One one-hundred-eightieth of the town's net current local educational expenditure, as defined in section 10-261, per pupil multiplied by the number of days of school attendance of the child in the district while not entitled to school accommodations provided by that district.  The local board of education may seek to recover the amount of the assessment through available civil remedies.

12-18-18

APPENDIX B

Sample Written Notification of Enrollment Decision

[Month] __, 20__

VIA HAND DELIVERY AND U.S. MAIL

[Insert Name of Parent]

[Insert Home Address]

Re:       Notification of Enrollment Decision

Dear [Parent/Guardian]:

            After reviewing your request to enroll the student(s) listed above [name(s)], the enrollment request is denied.  This determination is based upon the following factors:

                        [List factors]

            Under the McKinney-Vento Homeless Education Assistance Act, you have the right to appeal this decision by completing the form attached to this notice or by contacting the school district’s homeless education liaison:

                        [Name of Liaison]

                        [Title]

                        [Telephone No.]

            In addition, the student listed above has the right to immediately enroll in the school of choice pending resolution of the dispute.  You may provide written or verbal evidence to support your position.  You may seek the assistance of advocates or attorneys at your own expense; however, you may qualify for free legal services.  To inquire about free legal assistance, please call Statewide Legal Services at 1-800-453-3320.  You may also contact the state coordinator for homeless education:

                        Louis Tallarita, State Coordinator

                        State Department of Education

                        25 Industrial Park Road

                        Middletown, CT 06457-1543

                        (860) 807-2058

            A copy of the dispute resolution process under section 10-186 is attached to this notice.

Please contact the District Liaison listed above if you have any questions. 

                                                                        Sincerely,

                                                                        [Name]

                                                                        Superintendent of Schools

cc:        [Superintendent of Schools in which enrollment is sought, if appropriate]

12-18-18

Sample Notification of Decision

to Appeal Educational Placement

This form is to be completed by the parent, guardian, caretaker, or unaccompanied youth when a dispute arises.  If you need assistance in preparing this form, you may meet with the District Liaison, __________________, who can be reached at _________________.

Person completing form:         _______________________________

Relation to Student:                _______________________________

Contact Information:                  _______________________________

                                                _______________________________

                                                ­­­­­­­­­­­_______________________________

I am requesting a Board of Education Hearing under Section 10-186 of the Connecticut General Statutes to appeal the enrollment decision made by [Name of District], [Name of School].  I have been provided with a written explanation of the District’s decision, contact information for the District’s homeless education liaison, and a copy of the Dispute Resolution Process under Connecticut General Statutes Section 10-186.

__________________________________                            ________________

Name                                                                                       Date

Optional.  You may also include a written explanation to support your appeal in the space below or provide your explanation verbally to the District Liaison.

12-18-18

Sample Notification of Hearing

REGARDING ENROLLMENT DISPUTE

[Month] __, 20__

VIA HAND DELIVERY AND U.S. MAIL

[Insert Name of Parent]

[Insert Home Address]

Re:       Educational Placement

Dear [Name of Parent]:

            You have requested a hearing before the [town] Board of Education regarding the educational placement of your child(ren), [insert name(s) of student(s)] at [name of school].  The [town] Board of Education will conduct a hearing regarding your claim on [date] at [time].  The hearing will be held at the offices of the [town] Board of Education, which are located at [insert address]. 

The hearing will be conducted in accordance with the provisions of Section 10-186 of the Connecticut General Statutes, a copy of which is enclosed.  The hearing will be conducted in executive session, and the Board of Education will make either a tape recording or a stenographic record of the hearing.  You may be represented by counsel or by an advocate, at your expense, if you so desire; however, you may qualify for free legal services.  To inquire about free legal assistance, please call Statewide Legal Services at 1-800-453-3320. 

Please contact the District Liaison, [insert name], if you have any questions. 

                                                                        Sincerely,

                                                                        [Name]

                                                                        Superintendent of Schools

cc:        [Superintendent of Schools in which enrollment is sought, if appropriate]

12-18-18

Student Residency Affidavit

[Name of District]

Name of student: ___________________                              Birthdate: ___________

Name and Location of School Last Attended: __________________________________________

I, _______________________ declare and affirm as follows:

            I am of legal age and believe in the obligations of an oath.

I am the parent/legal guardian/caregiver of ________________ (name of student) who is of school age and is seeking admission to [School District].

            Since ________(date), _______________ (name of student) has not had a permanent home.  He/she is currently staying at _____________________________________________ (may list multiple addresses, if applicable).  He/she has been staying there since ________ (date). 

This location is:

                                    ___      a shelter

                                    ___      a motel/hotel

                                    ___      a campsite

                                    ___      shared housing with other persons

                                    ___      other _______________________________

            If the location is shared housing with other persons, please specify the reason why the student is living in such housing:  _________________________________________________________.  

            Prior to staying at this location, the student was staying at _____________________________

From ________ (date) to _______ (date).

I regularly receive my mail at: ________________________________________.

I am currently staying at the following address(es): __________________________________, ____________________________, ___________________________.  I plan to stay at this/these location(s) until:   _______ (date).  I can be reached at the following telephone number: _______________________.  I can be reached for emergencies at: _______________.

            I authorize school district officials to contact _______________________ (case worker/shelter staff/other) at __________________ to obtain further information in order to verify the information contained in this affidavit and in order to coordinate necessary services for the student.

            I declare under penalty of perjury under the laws of Connecticut that the information provided is true and correct and of my own personal knowledge.  I understand that giving false or otherwise untrue information on this form could result in a criminal charge of perjury being brought against me.

                                                                        AFFIANT,

                                                                        Signature of Affiant

                                                                         Print Name of Affiant

Subscribed and sworn to before me

this ___  day of ___, 20__.

__________________________________

NOTARY PUBLIC

12-18-18

AFFIDAVIT FOR MISSING ENROLLMENT DOCUMENTATION

[District]

I, __________________, being duly sworn upon oath and based on my personal knowledge hereby state and affirm the following information regarding [name of student’s] missing enrollment documentation for the following:

___      Proof of residency                                           ___      Immunization Record

___      Proof of guardianship                                      ___      School Health Record

___      Proof of identity                                              ___      School Records

___      Birth Certificate

            I am of legal age and believe in the obligations of an oath.

            I am unable to present a copy of the document(s) requested above for the following reasons:

            ________________________________________________________

            ________________________________________________________

            ________________________________________________________

            The name and location of the last school the student attended is

___________________________.

            I understand that I must obtain the necessary immunization and health records and provide a copy to the District.  I understand that the Homeless Liaison is available to assist me in obtaining any such immunization or health records.  The Homeless Liaison is _______________________ and can be reached at ___________________.

                                                                        AFFIANT,

Signature of Affiant

                                                                        Print Name of Affiant

Subscribed and sworn to before me

this ___  day of ___, 20__.

__________________________________

NOTARY PUBLIC

12-18-18

ADMINISTRATIVE REGULATIONS REGARDING HOMELESS CHILDREN AND YOUTH

In accordance with federal law, the Meriden Board of Education (the “Board”) does not permit discrimination against, segregation of, or stigmatization of, homeless children and youth.  The following sets forth the procedures to implement the requirements of law with respect to homeless children and youth.  In the event of conflict between federal and/or state law and these regulations with respect to homeless children and youth, the provisions of law shall control.

1. Definitions:

1. Enroll and Enrollment: includes attending classes and participating fully in school activities.

1. Homeless Children and Youth: means children and youth twenty-one years of age and younger  who lack a fixed, regular, and adequate nighttime residence, including children and youth who:

1. Are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason.

2. Are living in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations.

3. Are living in emergency or transitional shelters.

4. Are abandoned in hospitals.

5. Have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.

6. Are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.

7. Are migratory children living in the above described circumstances.

1. School of Origin: means the school that a homeless child or youth attended when permanently housed or the school in which the homeless child was last enrolled.  School of origin may include preschool administered by the District and, when a homeless child or youth completes the final grade level served by the school of origin, school of origin also includes the designated receiving school at the next grade level for all feeder schools.

1. Unaccompanied Youth: means a homeless child or youth not in the physical custody of a parent or guardian.

1. Homeless Liaison:

1. The District’s Homeless Liaison is Supervisor of Language and Community Partnerships.

1. The duties of the Homeless Liaison include:

1. Ensuring that homeless children and youth are identified by school personnel and through outreach and coordination with other entities and agencies.

2. Ensuring that homeless children and youth enroll in, and have full and equal opportunity to succeed in the District’s schools, including ensuring that such homeless children and youth have opportunities to meet the same challenging State academic standards as other children and youths.

3. Ensuring that homeless families, children, and youths receive educational services for which such families, children and youth are eligible, including services through Head Start and Even Start, early intervention services under Part C of the Individuals with Disabilities Education Act and preschool programs administered by the District.

4. Ensuring that parents and guardians of homeless children and youth and unaccompanied youth receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services.

5. Ensuring that parents and guardians of homeless children and youth and unaccompanied youth are informed of educational and related opportunities available to homeless children and youth, including extracurricular activities, and that parents and guardians of homeless children and youth are provided with meaningful opportunities to participate in the education of their children.

6. Ensuring that public notice of the educational rights of homeless children under the McKinney-Vento Act is disseminated in locations frequented by parents, guardians, and unaccompanied youth in a manner and form that is understandable to them.

7. Ensuring that enrollment disputes are mediated in accordance with the McKinney-Vento Act, including carrying out the initial dispute resolution process and ensuring that homeless students are immediately enrolled pending resolution of any enrollment dispute.

8. Ensuring that parent(s)/guardian(s) of homeless children and youth and unaccompanied youth are fully informed of all transportation services, including transportation to and from the school of origin, and are assisted in accessing those services.

9. Assisting homeless children and youth in enrolling in school and accessing school services and removing barriers to enrollment and retention due to outstanding fees, fines or absences.

10. Informing parent(s)/guardian(s) of homeless children and youth and unaccompanied youth, school personnel, and others of the rights of such students.

11. Assisting homeless children and youth who do not have immunizations or immunization/medical records to obtain necessary immunizations or immunization/medical records.

12. Assisting unaccompanied youth in placement/enrollment decisions, including considering the unaccompanied youth’s wishes in those decisions, and providing notice to the unaccompanied youth of his or her right to appeal such decisions.

13. Ensuring that high school age homeless children and youth receive assistance from counselors to advise such youths on preparation and readiness for college, including informing such children and youths of their status as independent students under the Higher Education Act of 1965 and that they may obtain assistance from the district to receive verification of this status for purposes of the Free Application for Federal Student Aid (FAFSA).

14. Ensuring collaboration with community and school personnel responsible for providing education and related support services to homeless children and youth.

15. Collaborating with and participating in professional development and technical assistance activities offered by the State Office of the Coordinator for the Education of Homeless Children and Youth.

16. Ensuring that school personnel providing services to homeless children and youth receive professional development and other technical assistance activities regarding the McKinney-Vento Act.

17. Ensuring that unaccompanied youth are enrolled in school and that procedures are implemented to identify and remove barriers that prevent them from receiving credit for full or partial coursework satisfactorily completed at a prior school, in accordance with State, local, and school policies.

18. With appropriate training, affirming that a child or youth who is eligible for and participating in a program provided by the District, or the immediate family of such a child or youth, is eligible for homeless assistance programs administered under Title IV of the McKinney-Vento Act.

III.       Enrollment of Homeless Children and Youth:

1. Enrollment of homeless children and youth may not be denied or delayed due to the lack of any document normally required for enrollment. However, administrators shall require the parent/guardian or unaccompanied youth to provide contact information prior to enrollment.

1. To facilitate enrollment, administrators:

1. May permit parents/guardians of homeless children and youth and unaccompanied youth to sign affidavits of residency to replace typical proof of residency.

2. May permit unaccompanied youth to enroll with affidavits to replace typical proof of guardianship.

3. Shall refer parent/guardian/unaccompanied youth to the Liaison who will assist in obtaining immunizations.

4. Shall contact previous schools for records and assistance with placement decisions.

5. Shall maintain records so that the records are available in a timely fashion when the student enters a new school or school district.

1. School Selection:

1. Standards for School Selection:

1. The District is required to make a determination as to the best interests of a homeless child or youth in making a determination as to the appropriate school of placement.

2. In making such a determination, the District is required to keep a homeless child or youth in his/her school of origin for the duration of homelessness when a homeless child or youth becomes homeless between academic years or during an academic year; or for the remainder of the academic year if the homeless child or youth becomes permanently housed during an academic year, to the extent feasible, unless it is against the wishes of the parent or guardian or unaccompanied youth.  Otherwise, the homeless child or youth shall be enrolled in a public school that non-homeless students who live in the area where the homeless child or youth is actually living are eligible to attend.

3. The District must presume that keeping the homeless child or youth in the school of origin is in the child’s or youth’s best interest unless doing so is contrary to the request of the child’s or youth’s parent or guardian, or in the case of an unaccompanied youth, the unaccompanied youth. In considering the child’s or youth’s best interest, the District must consider student-centered factors related to the child’s or youth’s best interest, giving priority to the request of the parent or guardian or unaccompanied youth.

1. Procedures for Review of School Selection Recommendation:

1. The Principal or his/her designee of the school in which enrollment is sought review an enrollment request in accordance with the standards discussed above, and shall make an initial recommendation regarding same. If the Principal or his/her designee's recommendation is to select a placement other than the school desired by the parent(s) or guardian(s) of the homeless child or youth or the unaccompanied youth, then the Principal or his/her designee shall refer the matter to the Superintendent or his/her designee for review of the recommendation and the reasons therefor, and shall notify the District’s Homeless Liaison of same.

2. The Superintendent or his/her designee shall review the matter and consult with the District Homeless Liaison concerning same. If the Superintendent or his/her designee agrees with the recommendation of the Principal or his/her designee, and a dispute remains between the District and the parent(s) or guardian(s) of a homeless child or youth or an unaccompanied youth about a school selection and/or enrollment decision; the Superintendent or his/her designee shall provide the parent(s) or guardian(s) of a homeless child or youth or an unaccompanied youth with a written explanation of the District's decision regarding this matter, and the right to appeal such decision to the Board.

1. Dispute Resolution Process:

1. The District’s Homeless Liaison shall be responsible for promoting objective and expeditious dispute resolutions, and adherence to these administrative regulations.

2. If the parent(s) or guardian(s) of a homeless child or youth or an unaccompanied youth disputes the school placement decision or enrollment, the District must immediately enroll the homeless child or youth in the school in which enrollment is sought, pending resolution of the dispute. The homeless child or youth shall also have the right to all appropriate educational services, including transportation to and from the school in which enrollment is sought, while the dispute is pending.

3. If necessary, the District Homeless Liaison shall assist parent(s) or guardian(s) of a homeless child or youth or an unaccompanied youth with completion of the necessary appeal paperwork required to file for an appeal to the Board, and provide the parent(s) or guardian(s) of a homeless child or youth or an unaccompanied youth with a copy of Section 10-186(b).

4. Not later than ten (10) days after receipt of an appeal to the Board by a parent(s) or guardian(s) of a homeless child or youth or an unaccompanied youth, the District shall hold a hearing before the Board concerning such appeal, and such hearing shall be shall be conducted in accordance with Section 10-186(b).

5. If the Board finds in favor of the Superintendent or his/her designee, a parent or guardian of a homeless child or youth or unaccompanied youth may appeal the Board’s decision to the State Board of Education within twenty (20) days of receipt of the Board's written decision, in accordance with Section 10-186(b). If necessary, the District Homeless Liaison shall assist a parent or guardian of a homeless child or youth or unaccompanied youth with filing the necessary appeal paperwork to the State Board of Education.  The homeless child or youth or unaccompanied youth shall remain in his or her school of origin pending resolution of the dispute, including all available appeals. 

1. Services:

1. Homeless children and youth shall be provided with services comparable to those offered other students in the selected school including:

1. Title I services or similar state or local programs, educational programs for students with disabilities, programs for students with limited English proficiency, and preschool programs.

2. Transportation services.

3. Vocational and technical education.

4. Programs for gifted and talented students.

5. School nutrition programs.

6. Before and after school programs.

1. The District shall coordinate with local social service agencies, other service providers, housing assistance providers and other school districts to ensure that homeless children and youth have access and reasonable proximity to available education and support services.

1. Transportation:

1. The District shall provide transportation comparable to that available to other students.

1. Transportation shall be provided, at a parent or guardian or unaccompanied youth’s request, to and from the school of origin for a homeless child or youth. Transportation shall be provided for the entire time the child or youth is homeless and until the end of any academic year in which they move into permanent housing.  Transportation to the school of origin shall also be provided during pending disputes.  The Liaison shall request transportation to and from the school of origin for an unaccompanied youth.  Parents and unaccompanied youth shall be informed of this right to transportation before they select a school for attendance.

1. To comply with these requirements:

1. Parents/guardians, schools, and liaisons shall use the district transportation form to process transportation requests.

2. If the homeless child or youth is living and attending school in this District, the District shall arrange transportation.

3. If the homeless child or youth is living in this District but attending school in another, or attending school in this District and living in another, the District will follow the inter-district transportation agreement to determine the responsibility and costs for such transportation. If there is no inter-district transportation agreement, the District shall confer with the other school district’s Homeless Liaison to determine an apportionment of the responsibility and costs.

4. If no mutually agreeable arrangement can be reached, then the District shall:

• arrange transportation immediately;

• bring the matter to the attention of the State Coordinator for the Education of Homeless Children and Youth; and

• ensure that such disputes do not interfere with the homeless child or youth attending school.

VII.      Records

An unaccompanied youth, as defined in section I.D., above, is entitled to knowledge of and access to all educational, medical, or similar records in the cumulative record of such unaccompanied youth maintained by this District.

VII.      Contact Information

1. Local Contact: for further information, contact:

Dr. Evelyn Robles-Rivas

Supervisor of Language & Community Partnerships

Meriden Public Schools

22 Liberty Street

Meriden, CT

203-630-4192

1. State Contact: for further information or technical assistance, contact:

Louis Tallarita, State Coordinator

Connecticut Department of Education

450 Columbus Boulevard

Hartford, CT 06103

(860) 807-2058

Louis.Tallarita@ct.gov

Legal References:                  

State Law:

Public Act 19-179, An Act Concerning Homeless Students’ Access to Education

10-186 Duties of local and regional boards of education re school attendance. Hearings. Appeals to state board. Establishment of hearing board. Readmission. Transfers

10-253 School privileges for children in certain placements, non-resident children and children in temporary shelters

                                    Federal Law:

The McKinney-Vento Homeless Education Assistance Act, 42 U.S.C. §§ 11431 et seq., as amended by Every Student  Succeeds Act, Pub. L. 114-95.

Adopted:  November 19, 2019

ADMINISTRATIVE REGULATION

Dismissal Precautions

No staff member shall excuse any student from school prior to the end of the school day, or into any person’s custody without the direct prior approval and knowledge of the principal or his or her designee.

The principal shall only excuse a student before the end of the school day upon a request for the early dismissal by the student’s parent and if the request is consistent with the provisions of the Attendance Policy.  Telephone requests for early dismissal of a pupil shall be honored only if the caller can be positively identified as the pupil’s parent or guardian.

Additional precautions shall be taken by the school administration appropriate to the age of students and as the need arises.

In the case of a request for dismissal of a student of separated parents, where legal custody has not been established, both parents must sign off.  If legal custody has been established, the signature of the legal guardian must appear on the request for dismissal.  The police officials should be called if the parents insist upon removing the child.

Ill students waiting to be picked up should not be dismissed to go home without verification that they are actually being picked up by the designated adult.

Please keep in mind those students being picked up in this situation should be released from the office or the nurse’s suite and that either the secretary or nurse should verify that the adult who has picked up the child is, in fact, the appropriate person.

Date Approved:           August 21, 1984

Date Amended:           August 19, 2014

Previous Policy Number: IB10

Student Government

The Board sanctions and recommends the organization of student government organizations in the schools.  Such councils shall assist in improving the general welfare of all students and shall give students the opportunity to participate in the orderly workings of the democratic process.

Such organizations shall not have authority to make policies or regulations for the school, nor shall they have any disciplinary authority.  However, a student government organization may make recommendations to the administration on any topic of student concern.

Date Approved:           April 28, 1981

Date Revised:              August 19, 2014

Previous Policy Number: IC1

DRESS CODE                                          5090

The Meriden Board of Education takes pride in the appearance of our students.  Students are expected to wear attire that is not disruptive to the education process and is not dangerous or unsafe.  Students should always come to school neat and clean.  The dress of a student reflects the level of respect for oneself, respect for one’s peers, and respect for one’s school.

The Meriden Board of Education, school administrators, faculty, and staff will enforce the following guidelines as the Student Dress Code in the Meriden Public School System:

• Headgear - Headgear should not cover a student’s face or block them from being identified by staff or their peers.  No hoods of any kind shall be worn while in school.

• Blouses/Shirts - Blouses/shirts must have shoulder straps and be long enough to adequately cover most of the midriff. Blouses/shirts that allow exposure of any portion of the chest and/or breasts are not allowed. Clothing must not be see-through or transparent. Undergarments and/or private body areas must not be evident or visible through clothing.  Undergarments may not be worn as outerwear.

• Skirts/Shorts/Dresses/Pants - Clothing must not be see-through or transparent. Undergarments and/or private body areas must not be evident or visible through clothing.  Rips or holes that expose undergarments or that are located above mid-thigh are not acceptable. Pants should not expose the buttocks or genitalia.  Undergarments may not be worn as outerwear. Spandex shorts may be worn if covered by shorts or skirts.

• Outdoor Garments - Coats may be worn in classrooms except when there are safety concerns such as in physical education, woodshop, or labs. Gloves and winter scarves should be removed upon entering the building.

• Shoes - Footwear must be worn at all times.  Open-toe or backless shoes are permitted except when there are safety concerns such as in recess, physical education, woodshop, or labs. Slippers may not be worn. Footwear that mars floors or is a safety hazard will not be permitted.  Exceptions to the shoe policy may be made according to Physical Education curriculum requirements as allowed by the administration.

• Lounging Attire - Lounge attire may be worn as long as they are closed pants, not vulgar, and do not disrupt school activities.

• Prints - No student clothing or accessories: shall display words or symbols that advocate or depict profanity, violence, drugs, alcohol, sex, hate groups, gang affiliation, or illegal activity, expressed or implied; shall contain vulgarity or overly offensive or disruptive writing or pictures, which are likely to disrupt the educational environment; or that provokes others to act violently or causes others to be intimidated by fear of violence, or that contain "fighting words.”

• Accessories - Students may not wear or possess articles of clothing or clothing accessories that could cause injury to others or are disruptive to the education process.  This includes, but is not limited to, sunglasses, chains, cleats, spikes, or studs.
  
  

• Earbuds/Headphones - Students may not wear earbuds/headphones in the classroom unless permitted by the teacher for instructional purposes.  

• Students are not allowed to display clothing or symbols that have been identified by agencies, such as, but not limited to, the Meriden Police Department, as being commonly associated with gangs.  Garments, jewelry, body art, and tattoos that communicate gang allegiance or affiliation are not allowed to be worn or visible at school.

Exceptions to the above dress code will be considered for medical reasons, special events, and cultural beliefs or to promote school spirit as determined by the school principal or his/her designee.  Students and/or sponsors wishing to request special exceptions must have permission from the school administration prior to the activity.

Students who are not in compliance with the dress code policy will be given an opportunity to comply.  Any student who refuses to comply or who repeatedly needs redirection and/or fails to comply with the policy and regulations concerning student dress will be subject to school discipline up to and including expulsion in accordance with the Board's policy on student discipline. 

Approved:  April 28, 1981

Amended:  December 14, 2004

Amended:  September 6, 2005                                                         

Amended:  April 3, 2012

Amended:  August 19, 2014 

Amended:  July 18, 2017

Amended:   June 21, 2022

Previous Policy Number: IC2.1

Previous Policy Number: 5132

Students

DRUG AND ALCOHOL USE BY STUDENTS

Policy Statement

The Meriden Board of Education (the “Board”) is required by Connecticut law to prescribe rules for the management and discipline of its schools. In keeping with this mandate, the unlawful use, sale, distribution or possession of controlled drugs, controlled substances, drug paraphernalia, as defined in Connecticut General Statutes Section 21a-240, or alcohol on or off school property or during any school-sponsored activity is prohibited. It shall be the policy of the Board to take positive action through education, counseling, discipline, parental involvement, medical referral, and law enforcement referral, as appropriate, in the handling of incidents in the schools involving the unlawful possession, distribution, sale or use of substances that affect behavior.

Definitions

(1) Controlled Drugs: means those drugs which contain any quantity of a substance which has been designated as subject to the federal Controlled Substances Act, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection pursuant to C.G.S. Section 21a-243, as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs. C.G.S. Section 21a-240(8).

(2) Controlled Substances: means a drug, substance or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to C.G.S. Section 21a-243. C.G.S. Section 21a-240(9).

(3) Professional Communication: any communication made privately and in confidence by a student to a professional employee of such student's school in the course of the professional employee's employment. C.G.S. Section 10-154a(a)(4).

(4) Professional Employee: means a person employed by a school who "(A) holds a certificate from the State Board of Education, (B) is a member of a faculty where certification is not required, (C) is an administration officer of a school, or (D) is a registered nurse employed by or assigned to a school." C.G.S. Section 10-154a(a)(2).

(5) Drug Paraphernalia: means any equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing or concealing, or injecting, ingesting, inhaling or otherwise introducing any controlled substance into the human body, including but not limited to all items specified in C.G.S. Section 21a-240(20)(A), such as "bongs," pipes, "roach clips," miniature cocaine spoons, cocaine vials, and any object or container used, intended or designed for use in storing, concealing, possessing, distributing or selling controlled substances. C.G.S. Section 21a-240(20)(A).

Procedures

(1) Emergencies.

If an emergency situation results from drug or alcohol use, the student shall be sent to the school nurse or medical advisor immediately. The parent or designated responsible person will be notified.

(2) Prescribed Medications.

Students may possess and/or self-administer medications in school in accordance with the Board’s policy concerning the administration of medication in school.

Students taking improper amounts of a prescribed medication, or otherwise taking medication contrary to the provisions of the Board’s policy on the administration of medication, will be subject to the procedures for improper drug or alcohol use outlined in this policy.

(3) Voluntary Disclosure of Drug/Alcohol Problem (Self-Referral).

The following procedures will be followed when a student privately, and in confidence, discloses to a professional employee in a professional communication information concerning the student's use, possession, distribution or sale of a controlled drug, controlled substance or alcohol.

(a) Professional employees are permitted, in their professional judgment, to disclose any information acquired through a professional communication with a student, when such information concerns alcohol or drug abuse or any alcohol or drug problem of such student. In no event, however, will they be required to do so. C.G.S. Section 10-154a(b).

(b) Any physical evidence obtained from such student through a professional communication indicating that a crime has been or is being committed by the student must be turned over to school administrators or law enforcement officials as soon as possible, but no later than two calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays. Employees are encouraged to contact the school administrator immediately upon obtaining physical evidence. In no case, however, will such employee be required to disclose the name of the student from whom the evidence was obtained. C.G.S. Section 10-154a(b).

(c) Any professional employee who has received a professional communication from a student may obtain advice and information concerning appropriate resources and refer the student accordingly, subject to the rights of the professional employee as described in paragraph (a) above.

(d) If a student consents to disclosure of a professional communication concerning the student's alcohol or drug problem, or if the professional employee deems disclosure to be appropriate, the professional employee should report the student's name and problem to the school's building administrator or designee who shall refer the student to appropriate school staff members for intervention and counseling.

(4) Involuntary Disclosure or Discovery of Drug/Alcohol Problems.

When a professional employee obtains information related to a student from a source other than the student's confidential disclosure, that the student, on or off school grounds or at a school sponsored activity, is under the influence of, or possesses, uses, dispenses, distributes, administers, sells or aids in the procurement of a controlled drug, controlled substance, drug paraphernalia or alcohol, that information is considered to be involuntarily disclosed. In this event, the following procedures will apply.

(a) The professional employee will immediately report the information to the building administrator or designee. The building administrator or designee will then refer the student to appropriate school staff members for intervention and counseling.

(b) Any physical evidence (for example, alcohol, drugs or drug paraphernalia) obtained from a student indicating that a crime has been or is being committed by the student must be turned over to the building administrator or designee or to law enforcement officials as soon as possible, but no later than within two calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays. C.G.S. Section 10-154a(b). Because such evidence was not obtained through a professional communication, the name of the student must be disclosed to the building administrator or designee.

(c) Search and Seizure of Students and/or Possessions: A professional employee who reasonably suspects that a student is violating a state/federal law or a school substance abuse policy must immediately report such suspicion to the building administrator or designee. The building administrator or designee may then search a student's person or possessions connected to that person, in accordance with the Board's policies and regulations if the administrator or designee has reasonable suspicion from the inception of the search that the student has violated or is violating either the law or a school substance abuse policy.

Any physical evidence obtained in the search of a student, or a student's possessions, indicating that the student is violating or has violated a state or federal law must be turned over to law enforcement officials as soon as possible, but not later than within three calendar days after receipt of such physical evidence, excluding Saturdays, Sundays and holidays. C.G.S. Section 10-154a(c). All school employees are encouraged to contact the school administration immediately upon obtaining physical evidence.

(5) Consequences for the Use, Sale, Distribution or Possession of Controlled Drugs, Controlled Substances, Drug Paraphernalia or Alcohol.

(a) Any student in the Meriden Public Schools using, consuming, possessing, being under the influence of, manufacturing, distributing, selling or aiding in the procurement of controlled drugs, controlled substances, drug paraphernalia or alcohol either on or off school property, or at a school-sponsored activity, except as such use or possession is in accordance with Connecticut General Statutes § 21a-408a through 408q, is subject to discipline up to and including expulsion pursuant to the Board's student discipline policy. On and after January 1, 2022, a student shall not face greater discipline, punishment or sanction for the use, sale, or possession of cannabis on school property than a student would face for the use, sale, or possession of alcohol on school property, except as otherwise required by applicable law.

(b) In conformity with the Board’s student discipline policy, students may be suspended or expelled for drug or alcohol use off school grounds if such drug or alcohol use is considered seriously disruptive of the educational process. In determining whether the conduct is seriously disruptive of the educational process, the Administration and the Board may consider, among other factors: 1) whether the drug or alcohol use occurred within close proximity of a school; 2) whether other students from the school were involved; and 3) whether any injuries occurred.

(c) If a school administrator has reason to believe that any student was engaged, on or off school grounds, in offering for sale or distribution a controlled substance (as defined by Conn. Gen. Stat. § 21a-240(9)), whose manufacturing, distribution, sale, prescription, dispensing, transporting, or possessing with intent to sell or dispense, offering or administering is subject to criminal penalties under Conn. Gen. Stat. §§ 21a-277 and 21a-278, the administrator will recommend such student for expulsion, in accordance with Conn. Gen. Stat. § 10-233d(a)(2) and the Board’s student discipline policy.

(d) Students found to be in violation of this policy may be referred by the building administrator to an appropriate agency licensed to assess and treat drug and alcohol involved individuals. In such event, assessment and treatment costs will be the responsibility of the parent or guardian.

(e) A meeting may be scheduled with appropriate school staff members for the purpose of discussing the school's drug and alcohol policy with the student and parent or guardian.

(f) Law enforcement officials may be contacted by the building administrator in the case of suspected involvement in the use, sale or distribution of controlled drugs, controlled substances, drug paraphernalia or alcohol.

Legal References:

Connecticut General Statutes:

June Special Session, Public Act No. 21-1, An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis

Section 10-154a
Section 10-212a
Section 10-221
Sections 10-233a through 10-233f
Section 21a-240
Section 21a-243
Section 21a-408a through 408q

ADOPTED: March 6, 1990
Amended: November 17, 2009
Amended: August 19, 2014
Amended: April 28, 2015
Amended: December 18, 2018
Amended: November 15, 2022

Standards of Conduct

It is the responsibility of the Meriden Public Schools to provide an environment which is safe, healthy and conducive to learning.  It is clear that in order to implement effectively the Standards of Conduct for Students contained in this policy, cooperation and mutual support on matters of discipline and attendance are necessary between home and school.

Students, teachers and administrators have the right to expect mutual courtesy and fair and equitable treatment and to be informed of their rights and responsibilities.  The goals of the schools are to assist students in developing the ability for self-direction and self-discipline and to provide opportunities for decision-making.  However, in the pursuit of these goals, those students who infringe on the rights of others or who violate school policies and regulations will be subject to corrective action.  In all cases, the rights of students will be preserved and protected.

Listed below are the minimum standards of conduct for students at all levels of the Meriden Public Schools.  The administration of each individual school is expected to inform the school community in writing of these standards and its specific rules for interpreting these standards.  The Superintendent has the responsibility to work with principals in developing guidelines and procedures for uniform implementation where consistency is necessary and desirable.  It is recognized that in order to implement the following standards effectively, cooperation between parents and certified staff is required.

Students must show courtesy and consideration for all members of the school community.

Students must behave in a manner that is not disruptive to the educational process.

Students must comply with classroom procedures and requirements as designed for their individual needs.

Students must dress in a manner that does not interfere with the work of the school nor create a safety hazard to themselves or others.

Students are required to comply with state, local and school health, safety and attendance regulations.

Students are required to comply with state statutes and local laws and regulations regarding possession, sale or use of drugs, alcohol and tobacco.

The use or possession of intoxicants on school property, in any vehicle while such vehicle is being used to transport students for the school, or at school events is prohibited.  Attendance at any school sponsored event or activity while under the influence of intoxicants is prohibited.

The administration of each individual school is given authority to take appropriate action to ensure compliance with this policy.

Legal Reference:

            Connecticut General Statutes, Section 10-221

Date Adopted:             April 28, 1981

Date Amended:           November 17, 2009

Date Revised:              August 19, 2014

Previous Policy Number: IC2

SCHOOL BUS CONDUCT

While the law requires the school district to furnish school accommodations, including transportation, it does not relieve the parents from the responsibility of supervision until such time as the child boards the bus in the morning and after the child leaves the bus at the end of the school day.

The Board shall require students to conduct themselves on a bus and at the bus stop in a manner consistent with established standards of conduct.

In cases when students do not conduct themselves properly on a bus or at the bus stop, such instances are to be brought to the attention of the principal by the bus driver.

Students who become serious disciplinary problems on the school bus or at the bus stop may have their riding privileges suspended by the principal for up to ten days.  In such cases, the parents of the students involved shall determine another alternative to ensure that their children get to and from school safely.  Such alternative plan shall be shared with the school principal.

Approved:  April 28, 1981                                                                          

Amended:  August 19, 2014

Amended:  August 19, 2014

Previous Policy Number: IC2.3

CODE OF BEHAVIOR FOR BUS STUDENTS

The main goal of the transportation program is to provide transportation with maximum safety for all pupils who are eligible under state statutes and Board policy.  It is hoped that everyone will attach a great deal of importance to this goal and that full cooperation and courtesy will be maintained between the home, the school and the driver.

Pupils should consider the use of school buses a privilege which must not be abused.  Students should observe the following rules and regulations of conduct and safety:

 I.         Behavior While Waiting To Board The Bus

A.        On the way to school, children will please:

1.         be at the stop on time;

2.         wait for the bus on the sidewalk or on the shoulder of the highway but not on the paved roadway;

3.         respect private property;

4.         not throw articles at passing vehicles;

5.         conduct themselves as ladies and gentlemen at all times;

6.         wait for the bus to come to a full stop before attempting to board it;

7.         wait their turn and avoid crowding so as not to disturb others or cause accidents; and

8.         keep bus passes available at all times.

B.        On leaving school, children should follow the directions of the school administration and teachers.

II.        Behavior While Aboard The Bus Riding To Or From School

A.        When riding in the bus, pupils will please:

1.         be seated as soon as possible;

2.         follow the directions of the bus driver and/or teacher who is in full charge of the bus and all pupils riding therein;

3.         remain in their seats while the bus is in motion;

4.         keep the aisles clear;

5.         observe the usual rules of good conduct and courtesy to fellow students and to the bus driver;

6.         converse quietly and avoid shouting and profanity;

7.         not offend pedestrians or passengers in other vehicles by shouting out windows or making obscene gestures;

8.         not throw objects in or out of the bus;

9.         keep windows closed unless the driver grants permission to open them.

10.       keep arms, legs and heat within the bus if the windows are open;

11.       help keep the bus clean and sanitary by refraining from eating, drinking or smoking;

12.       not destroy or damage seats and equipment;

13.       not use the rear door of the bus except in an emergency when the bus has completely stopped; the signal in an emergency for use of the rear door must be given by the driver unless he has been incapacitated by an accident.

III.       Behavior When Leaving The Bus

A.        On arrival at school, pupils will please:

1.         remain seated until the bus has fully stopped;

2.         leave the bus in a single file starting from the front door and walk in an orderly manner to school designated areas; and

3.         get clear of the bus immediately.

B.        On arrival at home bus stops, pupils will please:

1.         remain seated until the bus has fully stopped;

2.         leave the bus in an orderly manner;

3.         when it is not necessary to cross the highway, stand aside on the shoulder of the road, or on the sidewalk, until the bus has moved on, then when they can see traffic in both directions, walk on the shoulder of the road (or the sidewalk) to their homes;

4.         when across the highway from home, stand on the shoulder of the road 10 to 14 feet in front of the bus until the driver signals that it is safe to cross; do so in front of the bus; and

5.         walk in a single file on the left shoulder of the road facing traffic, if there is no sidewalk.

IV.       PUPILS WHO FAIL TO OBSERVE THE ABOVE RULES AND REGULATIONS WILL, AFTER NOTIFICATION BY SCHOOL ADMINISTRATION, BE DENIED TRANSPORTATION IN ACCORDANCE WITH SCHOOL RULES.

                                                    PARENTS’ RESPONSIBILITY

The cooperation of parents is needed to maintain proper conduct at bus stops and on school buses.  If school authorities suspend the student from riding on the bus because of code violations, it becomes the responsibility of the parents to see that the child gets to school.

1.         Parents should review the above procedures with their children.

2.         Parents should accompany the younger children to the bus stop for the first few days.  Parents of preschool children are required to meet buses when children are discharged.  Failure to do so will result in the suspension of transportation privileges.

3.         Parents who meet the school bus should wait on the side of the street where the bus stops.  Children are then not tempted to rush across the highway regardless of traffic.

4.         Parents should at all times set a good example in observing traffic rules and regulations.

If you have any questions concerning student behavior on the buses or at bus stops or eligibility for transportation, please call the building principal.

If you have questions concerning the location of bus stops, bus routes or departure and arrival times, please call the Manager of Transportation at 630-4213.

TEAR OFF AND RETURN TO THE SCHOOL BY THE THIRD FRIDAY IN SEPTEMBER

I have read the Code of Behavior.                 _______________________________           

Print Name of Student

__________________________                    ________________________________                                                                                                                            Signature of Parent/Guardian                                        Signature of Student

__________________________                    _______________________________                                                                                                                  

Date                                                                                        Homeroom/Cluster

Approved: July 16, 1996

Amended:  August, 19, 2014

Kindergarten - Children who will reach the age of five on or before January 1of the relevant school year shall be eligible to enter kindergarten.  The parent and/or guardian of a child five years of age shall have the option to not enroll that child until the child is seven years of age.  To exercise the above option, the parent and/or guardian must personally appear at the District’s Central Office annually and sign an option form as well as receive information regarding the opportunities available in the District.

First Grade - Children who will reach the age of six on or before January 1 of the relevant school year shall be eligible to enter first grade.  Children younger than age six on January 1 of the relevant school year may be eligible to enter first grade upon approval by the Superintendent.

Other Grades - Where questions exist regarding grade placement of newly registered students, primary consideration shall be given to the student’s readiness and/or ability to complete the work of the relevant grade.  The final decision in such matters shall rest with the school’s principal.

Legal Reference:

Connecticut General Statutes, Section 10-15c

Connecticut General Statutes, Section 10-184

Approved April 28, 1981

Amended November 21, 2017

Previous Policy Number: IB4

All pupils are required to be prompt and regular in attendance. Signed written excuse, in person or phone verification by parent, is required for any reason of absence or tardiness.

Legal Reference:

Connecticut General Statutes
Section 10-184 (Duties of Parents)
Section 10-198a (Policies and Procedures Concerning Truants)
PA 91-303, An Act Concerning Revisions to the Education Statutes

Cross Reference:

Policy 5113 (Absences and Excuses)
Policy 5133 (Pupil Suspension and Expulsion)
Policy 6180.21 (Standards for Daily Class Attendance and Participation)

Approved 4/28/1981
Amended 5/2/1995 

The city-wide attendance counselor coordinates a program of attendance regulations for students enrolled in school from kindergarten through grade twelve. Problems of non-attendance, absenteeism and truancy are investigated in an efficient manner and a team concept is stressed. Teachers, administrators, and pupil personnel staff members work together to enhance attendance and motivate students to attend school on a regular basis. Programming flexibility and special counseling is available and encouraged as the needs arise.

It is expected that parents will notify their child’s school of absence related to:

Illness
Infectious disease
Family emergency
Medical appointments which must occur during school hours
Severe weather conditions
Religious observances

Use of school days for extended vacations is discouraged.

A parent may choose to excuse student absence; however, such authorization may not be made in the child’s best interest and may not be made legitimately based on expectations noted above. Accordingly, the approval of the principal is also required to excuse student absence.

High School Attendance Policy

The following regulations govern student attendance in high school, including students who are participating in alternative programs as a result of expulsion. A student who is absent from a class unexcused for more than six (6) days in a semester course and more than thirteen (13) days in a full year course will lose credit in the course, whether or not a passing grade is earned, and the transcripts will be marked accordingly.

Excused Absences

Student absence will only be excused in the following circumstances:

• A note from a physician indicating an illness or other diagnosed condition that resulted in absences from school;
• Absence due to an approved school function (i.e., field trips, band concerts, school-sponsored sporting events, etc.);
• Absence due to suspension from school for disciplinary purposes.

Notification Timeline

Parents or guardians of students will be notified of the potential of failure due to poor attendance in accordance with the following table:

Tardiness

Students are required to report to school by 7:25 A.M.  First period starts promptly at 7:30 A.M.  Students who report to school after 7:30 A.M. will not be admitted to class and will report to the cafeteria.  Students will be marked absent for the first clock period. Parent should note that students who are marked absent because of tardiness will be subject to consequences outlined previously in the high school attendance policy.

Appeal Seeking Waiver of the Policy

Within five school days of a student’s receiving notification that he/she has lost credit for a course, he/she may submit to the principal a request for waiver of this high school attendance policy. Requests submitted after that time will not be considered. In any such appeal, the student shall set forth, specifically the basis on which he/she is requesting waiver, taking into account the standards set forth below.

• Appeals will be granted only in extraordinary circumstances. The general rule is that students must meet the attendance requirements set forth above in order to receive credit for the course.

• Appeals based on medical excuse shall not generally be granted unless medical excuses (from a treating physician) are provided within 5 school days of the absence(s).

• In considering such appeals, the principal shall consider the student’s achievement and his/her ability to demonstrate mastery of the course work notwithstanding the absences.

In considering an appeal, the principal or his/her designee shall apply the standards set forth above. The principal or his/her designee shall issue a written decision on the appeal within ten school days. The decision of the principal or his/her designee shall be final.

Attendance Redemption

In the case that a student has lost credit in a course because of poor attendance, he/she may still be able to earn credit if he/she completes a participation contract with the principal or his/her designee. The signed contract may specify that the student will:

• Participate completely and positively in the class;

• Complete all class and homework assignments, quizzes, and tests;

• Pass the midterm and/or final examination;

• Have no additional class cuts, unexcused absences, and/or tardiness to class;

• Have no additional class absences because of in or out of school suspension;

• Complete an extra assignment or project showing mastery of the class curriculum;

• Successfully complete summer school or the equivalent program as approved by the principal.

The principal or his/her designee will review the student’s progress and determine if credit is reinstated to the student.  

Cross Reference:

Policy 6180.1 (Academic Achievement)
Policy 5112 (Compulsory Attendance)
Policy 5119 (Dismissal Precautions)

Board approved to delete 8/19/2014 Disabled 12/12/2014

Approved 4/28/1981
Amended 5/2/1995
Amended 9/7/2004
Amended 9/6/2005
Amended 7/1/2008

Students are not tardy if a school bus is late.

Parents are requested to send a signed written excuse in case of tardiness or absence. Phone confirmation will also be accepted as validation of student absence. Teachers will report any sporadic absences and/or tardiness to the school administration.

Cross Reference:

Procedure 6180.21 (Standards for Daily Attendance and Participation)

            Regular and punctual student attendance in school is essential to the educational process.  Connecticut state law places responsibility for assuring that students attend school with the parent or other person having control of the child.  To assist parents and other persons in meeting this responsibility, the Board of Education (the “Board”), through its Superintendent, will adopt and maintain procedures to implement this policy.

            In addition, the Board takes seriously the issue of chronic absenteeism.  To address this issue, the Board, through its Superintendent, will adopt and maintain procedures regarding chronic absenteeism in accordance with state law.

Legal References:

Connecticut General Statutes § 10-220

Connecticut General Statutes § 10-184

Connecticut General Statutes § 10-186

Connecticut General Statutes § 10-198a

Connecticut General Statutes § 10-198b

Connecticut General Statutes § 10-198c

Connecticut General Statutes § 10-198d

Connecticut General Statutes § 10-198e

Guidelines for Reporting Student Attendance in the Public School Information System (Connecticut State Department of Education, January 2008)

Connecticut State Board of Education Memorandum, Definitions of Excused and Unexcused Absences (June 27, 2012)

Connecticut State Department of Education, Guidelines for Implementation of the Definitions of Excused and Unexcused Absences and Best Practices for Absence Prevention and Intervention (April 2013)

Connecticut State Department of Education, Reducing Chronic Absence in Connecticut’s Schools: A Prevention and Intervention Guide for Schools and Districts (April 2017)

Connecticut State Department of Education Memorandum, Youth Service Bureau Referral for Truancy and Defiance of School Rules (February 22, 2018)

Connecticut State Department of Education, Youth Service Bureau Referral Guide (February 2018)

Approved:   August 20, 1991

Amended:  May 21, 1995

Amended:  November 21, 2017

Amended:  September 1, 2020

Previous Policy Number IB 9

                                                                                                                         5115-R

 ADMINISTRATIVE REGULATIONS REGARDING STUDENT ATTENDANCE, TRUANCY AND CHRONIC ABSENTEEISM

I. Attendance and Truancy

A. Definitions for Section I

1. “Absence” - any day during which a student is not considered “in attendance” at his/her assigned school, or on a school sponsored activity (e.g. field trip), for at least one half of the school day.
2. “Disciplinary absence” - Any absence as a result of school or district disciplinary action. Any student serving an out-of-school suspension or expulsion should be considered absent. Such absence is not considered excused or unexcused for attendance and truancy purposes.
3. “Educational evaluation” - for purposes of this policy, an educational evaluation is an assessment of a student’s educational development, which, based upon the student’s presenting characteristics, would assess (as appropriate) the following areas: health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities.
4. “Excused absence” - a student is considered excused from school if the school has received written documentation describing the reason for the absence within ten (10) school days of the student’s return to school, or if the child has been excluded from school in accordance with section 10-210 of the Connecticut General Statutes (regarding communicable diseases), and the following criteria are met:

a. Any absence before the student’s tenth (10^th) absence is considered excused when the student’s parent/guardian approves such absence and submits appropriate written documentation in accordance with this regulation.

b. For the student’s tenth (10^th) absence and all absences thereafter, a student’s absences from school are, with appropriate documentation in accordance with this regulation, considered excused only for the following reasons:

i. student illness (verified by an appropriately licensed medical professional);

ii. religious holidays;

iii.        mandated court appearances (documentation required);

iv. funeral or death in the family, or other emergency beyond the control of the student’s family;

v. extraordinary educational opportunities pre-approved by the district administrators and in accordance with Connecticut State Department of Education guidance and this regulation;

vi. lack of transportation that is normally provided by a district other than the one the student attends.

c. A student, age five (5) to eighteen (18), whose parent or legal guardian is an active duty member of the armed forces who has been called for duty, is on leave from or has immediately returned from deployment to a combat zone or combat support posting, shall be granted ten (10) days of excused absences in any school year, and, in the discretion of the administration, additional excused absences to visit such student’s parent or legal guardian with respect to the parent’s leave or deployment. In the case of such excused absences, the student and parent or legal guardian are responsible for obtaining assignments from the student’s teacher prior to any period of excused absence, and for ensuring that such assignments are completed by the student prior to his or her return to school.

5. “In Attendance” - Any day during which a student is present at the student’s assigned school, or an activity sponsored by the school, for at least half of the regular school day.
6. "Student" - a student enrolled in the Meriden Public Schools.
7. "Truant" - any student five (5) to eighteen (18) years of age, inclusive, who has four (4) unexcused absences from school in any one month or ten (10) unexcused absences from school in any school year.
8. "Unexcused absence" - any absence from a regularly scheduled school day for at least one half of the school day, which is not excused or considered a disciplinary absence.

            The determination of whether an absence is excused will be made by the building principal or his/her designee.  Parents or other persons having control of the child may appeal that decision to the Superintendent or his/her designee, whose decision shall be final.

B. Written Documentation Requirements for Absences

1. Written documentation must be submitted for each incidence of absence within ten (10) school days of the student’s return to school. Consecutive days of absence are considered one incidence of absence.
2. The first nine (9) days of absence will be excused upon receipt of a signed note from the student’s parent/guardian, a signed note from a school official that spoke in person with the parent/guardian regarding the absence, or a note confirming the absence by the school nurse or by a licensed medical professional, as appropriate.
3. For the student’s tenth (10^th) absence, and all absences thereafter, documentation of the absence must be submitted in accordance with paragraphs 1 and 2 above, and must also include the reason for the absence and the following additional information:

a. student illness:

i. a signed note from a medical professional, who may be the school nurse, who has evaluated the student confirming the absence and giving an expected return date; or

ii. a signed note from school nurse who has spoken with the student’s medical professional and confirmed the absence, including the date and location of the consultation.

b. religious holidays: none.

c. mandated court appearances:

i. a police summons;

ii. a subpoena;

iii.        a notice to appear;

iv. a signed note from a court official; or

v. any other official, written documentation of the legal requirement to appear in court.

d. funeral or death in the family, or other emergency beyond the control of the student’s family: a written document explaining the nature of the emergency.

e. extraordinary educational opportunity pre-approved by the district administrators and in accordance with Connecticut State Department of Education guidance and this policy: written pre-approval from the administration, in accordance with this regulation.

f. lack of transportation that is normally provided by a district other than the one the student attends: none.

4. Neither e-mail nor text message shall serve to satisfy the requirement of written documentation. In rare and extraordinary circumstances, a building administrator may, in his/her own discretion, accept the delivery of written documentation through a scanned copy sent by e-mail.
5. The Meriden Public Schools reserves the right to randomly audit written documentation received, through telephone and other methods of communication, to determine its authenticity.
6. Any absence that is not documented in accordance with this regulation within ten (10) school days after the incidence of absence will be recorded as unexcused. If documentation is provided within ten (10) school days, but is incomplete, the building principal may, at his/her own discretion, grant up to a five (5) school day extension for provision of the completed documentation.

C. Extraordinary Educational Opportunities

1. To qualify as an extraordinary educational opportunity, the opportunity must:

a. be educational in nature and must have a learning objective related to the student’s course work or plan of study;

b. be an opportunity not ordinarily available to the student;

c. be grade and developmentally appropriate; and

d. include content that is highly relevant to the student; while some opportunities will be relevant to all students, others will contain very specific content that would limit their relevance to a smaller group of students.

2. Family vacations do not qualify as extraordinary educational opportunities.
3. All requests for approval of extraordinary educational opportunities must:

a. be submitted to the building principal in writing prior to the opportunity, but no later than ten (10) school days prior to the opportunity except in exceptional circumstances at the discretion of the building administrator;

b. contain the signatures of both the parent/guardian and the student;

c. include an outline of the learning objective of the opportunity and include detail as to how the objective is linked to the student’s coursework or plan of study; and

d. include additional documentation, where available, about the opportunity.

4. The building principal shall provide a response in writing and include the following:

a. either approval or denial of the request;

b. brief reason for any denial;

c. any requirements placed upon the student as a condition of approval;

d. the specific days approved as excused absences for the opportunity;

e. the understanding that the building administrator may withdraw its approval if the opportunity is canceled or the student fails to meet the agreed-upon requirements of the approval.

5. All decisions of the building principal relating to extraordinary educational opportunities shall be final.
6. Students who are granted excusal from school to participate in extraordinary educational opportunities are expected to share their experiences with other students and/or school staff when they return.
7. Approval for an extraordinary educational opportunity is determined on a case-by-case basis and the analysis of individualized factors. An opportunity approved for one student may not be approved for another.

D. Truancy Exceptions:

1. A student five (5) or six (6) years of age shall not be considered truant if the parent or person having control over such student has appeared personally at the school district office and exercised the option of not sending the child to school at five (5) or six (6) years of age.
2. A student seventeen (17) years of age shall not be considered truant if the parent or person having control over such student consents to such student’s withdrawal from school. Such parent or person shall personally appear at the school district office and sign a withdrawal form indicating such consent.  Such withdrawal form must include an attestation from a guidance counselor or school administrator from the school that the district provided the parent (or person having control of the child) with information on the educational options available in the school system and community.
3. If a parent or guardian of an expelled student chooses not to enroll the student in an alternative program, the student shall not be considered to be “truant.”

E. Readmission to School Following Voluntary Withdrawal

1. Except as noted in paragraph 2 below, if a student voluntarily withdraws from school (in accordance with Section D.2, above) and subsequently seeks readmission, the Board may deny school accommodations to the student for up to ninety (90) school days from the date of the student’s withdrawal from school.
2. If a student who has voluntarily withdrawn from school (in accordance with Section D.2, above) seeks readmission within ten (10) school days of his/her withdrawal, the Board shall provide school accommodations to the student not later than three (3) school days after the student requests readmission.

F. Determinations of Whether a Student is “In Attendance”:

1. A student serving an out of school suspension or expulsion shall be reported as absent unless he or she receives an alternative educational program for at least one half of the regular school day. In any event, the absence is considered a disciplinary absence, and will not be designated as excused or unexcused.
2. On early dismissal days and days shortened due to inclement weather, the regular school day for attendance purposes is considered to be the amount of instructional time offered to students on that day. For example, if school is open for four hours on a shortened day scheduled, a student must be present for a minimum of two hours in order to be considered “in attendance.”

• Students placed on homebound instruction due to illness or injury in accordance with applicable regulations and requirements are counted as being “in attendance” for every day that they receive instruction from an appropriately certified teacher for an amount of time deemed adequate in accordance with applicable law.

G. Procedures for students in grades K-8*

1. Notification

a. Annually at the beginning of the school year and upon the enrollment of any child during the school year, the administration shall notify the parent or other person having control of the student enrolled in grades K - 8 in writing of the obligations pursuant to Conn. Gen. Stat. § 10-184 to ensure that such a student attends school regularly or to show that the child is elsewhere receiving equivalent instruction in the studies taught in the Meriden Public Schools.

b. Annually at the beginning of the school year and upon the enrollment of any child during the school year, the administration shall obtain from the parent or other person having control of the student in grades K-8 a telephone number or other means of contacting such parent or other person during the school day.

2. Monitoring

Each school shall implement a system of monitoring individual unexcused absences of students in grades K-8.  Whenever such a student fails to report to school on a regularly scheduled school day, school personnel under the direction of the building principal [or his/her designee] shall make a reasonable effort to notify the parent or other person having control of such student by telephone, *text, email and/or app notification of the student's absence, unless school personnel have received an indication that the parent or other person is aware of the student's absence.  *[Parents may elect to receive notification by telephone, text, email, app notification or any combination thereof.  Electronic records of such attempts shall be maintained in the district’s parent communication tool.] Any person who, in good faith, gives or fails to give such notice shall be immune from liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such notice or failure to give notice.

1. Parents or guardians Notifications
2. Parents or guardians of students in grades K - 8 will be notified of poor attendance in accordance with the following table:

1. A high school student who is absent from a class unexcused for more than six (6) days in a semester course, and more than thirteen (13) days in a full year course will lose credit in the course, whether or not a passing grade is earned. The transcript will be marked accordingly. Parents or guardians of students in grades 9 - 12 will be notified of the potential of failure due to poor attendance in accordance with following table:

[*Note: State law mandates notification and monitoring only with regard to students in grades K-8. Boards of Education are free, however, to extend the application of monitoring and intervention procedures to students at all grade levels.]

H. Procedures applicable to students ages five (5) to eighteen (18)

1. Intervention

a. When a student is truant, the building principal or his/her designee shall schedule a meeting with the parent (or other person having control of such student) and appropriate school personnel to review and evaluate the reasons for the student's truancy. This meeting shall be held no later than ten (10) days after the student becomes truant.  The district shall document the meeting, and if parent or other person declines to attend the meeting, or is otherwise is non responsive, that fact shall also be documented and the meeting shall proceed with school personnel in attendance. 

b. When a student is truant, the Superintendent or his/her designee shall coordinate services with and referrals of students to community agencies providing child and family services, as appropriate. The district shall document efforts to contact and include families and to provide early intervention in truancy matters.

c. On or before August 15, 2018, if the Commissioner of Education determines that any school under the jurisdiction of Meriden Board of Education has a disproportionately high rate of truancy, the district shall implement a truancy intervention model identified by the Department Education pursuant to Conn. Gen. Stat. § 10-198e.

d. In addition to the procedures specified in subsections (a) through (c) above, a regular education student who is experiencing attendance problems should be referred to the building Child Study Team [or other appropriate school based team] to consider the need for additional interventions and/or assistance. The Team will also consider whether the student should be referred to a planning and placement team (“PPT”) meeting to review the student’s need and eligibility for special education.  A special education student who is experiencing attendance problems should be referred to a PPT meeting for program review.

I.  Attendance Records

All attendance records developed by the Board shall include the individual student’s state-assigned student identifier (SASID).

II. Chronic Absenteeism

A. Definitions for Section II

1. “Chronically absent child” - a child who is enrolled in a school under the jurisdiction of the Meriden Board of Education and whose total number of absences at any time during a school year is equal to or greater than ten percent (10%) of the total number of days that such student has been enrolled at such school during such school year;
2. “Absence” - an excused absence, unexcused absence or disciplinary absence, as those terms are defined by the State Board of Education pursuant to section 10-198b of the general statutes and these administrative regulations;
3. “District chronic absenteeism rate” - the total number of chronically absent children under the jurisdiction of the Meriden Board of Education in the previous school year divided by the total number of children under the jurisdiction of the Board of Education for such school year; and
4. “School chronic absenteeism rate” - the total number of chronically absent children for a school in the previous school year divided by the total number of children enrolled in such school for such school year.   

B. Establishment of Attendance Review Teams

If the Meriden Board of Education has a district chronic absenteeism rate of ten percent (10%) or higher, it shall establish an attendance review team for the school district.

If a school under the jurisdiction of the Meriden Board of Education has a school chronic absenteeism rate of fifteen percent (15%) or higher, it shall establish an attendance review team for that school.

If the Meriden Board of Education has more than one school with a school chronic absenteeism rate of fifteen percent (15%) or higher, it shall establish an attendance review team for the school district or at each such school.

If the Meriden Board of Education has a district chronic absenteeism rate of ten percent (10%) or higher and one or more schools with a school chronic absenteeism rate of fifteen percent (15%) or higher, it shall establish an attendance review team for the school district or at each such school.

C. Composition and Role of Attendance Review Teams

Any attendance review team established under these regulations may include school administrators, guidance counselors, school social workers, teachers, representatives from community-based programs who address issues related to student attendance by providing programs and services to truants, as defined under I.A.7, and chronically absent children and their parents or guardians.

Each attendance review team shall be responsible for reviewing the cases of truants and chronically absent children, discussing school interventions and community referrals for such truants and chronically absent children and making any additional recommendations for such truants and chronically absent children and their parents or guardians. Each attendance review team shall meet at least monthly.

D. State Chronic Absenteeism Prevention and Intervention Plan

The Meriden Board of Education and its attendance review teams, if any, will consider any chronic absenteeism prevention and intervention plan developed by the State Department of Education.

III.       Reports to the State Regarding Truancy Data

Annually, each local and regional board of education shall include information regarding the number of truants and chronically absent children in the strategic school profile report for each school under its jurisdiction and for the school district as a whole submitted to the Commissioner of Education.  Measures of truancy include the type of data that is required to be collected by the Department of Education regarding attendance and unexcused absences in order for the department to comply with federal reporting requirements and the actions taken by the board of education to reduce truancy in the school district.

Legal References:

Public Act 17-14, An Act Implementing the Recommendations of the Department of Education

Public Act 16-147, An Act Concerning the Recommendations of the Juvenile Justice Policy and Oversight Committee

Connecticut General Statutes § 10-220

Connecticut General Statutes § 10-184

Connecticut General Statutes § 10-186

Connecticut General Statutes § 10-198a

Connecticut General Statutes § 10-198b

Connecticut General Statutes § 10-198c

Connecticut General Statutes § 10-198d

Connecticut General Statutes § 10-198e

Guidelines for Reporting Student Attendance in the Public School Information System (Connecticut State Department of Education, January 2008)

Connecticut State Board of Education Memorandum, Definitions of Excused and Unexcused Absences (June 27, 2012)

Connecticut State Department of Education, Guidelines for Implementation of the Definitions of Excused and Unexcused Absences and Best Practices for Absence Prevention and Intervention (April 2013)

Connecticut State Department of Education, Reducing Chronic Absence in Connecticut’s Schools: A Prevention and Intervention Guide for Schools and Districts (April 2017)

Connecticut State Department of Education Memorandum, Youth Service Bureau Referral for Truancy and Defiance of School Rules (February 22, 2018)

Connecticut State Department of Education, Youth Service Bureau Referral Guide (February 2018)

APPROVED December 4, 2012

REVISED November 21, 2017

REVISED JUNE 17, 2020 * (CHANGES REFLECT WHAT THE DISTRICT IS DOING PER SUSAN MOORE & MICHAEL GROVE)

REVISED SEPTEMBER 1, 2020

Click on the link to view the Sample Notification Regarding Student Attendance form. 

/uploads/5115_R_-Exhibit__1__SampleNotificationRE_StudentAttendance.pdf

Click on the link to view the Unexcused Absences Documentation Log form. 

 /uploads/5115_R_-Exhibit__2__UnexcusedAbsencesDocLog.pdf

Click on the link to view the Extraordinary Educational Experience Request Form.

/uploads/5115_R_-Exhibit__3_ExtraEducationalExpRequestForm.pdf

Click on the link to view the form.

/uploads/5115_R_-Exhibit__4_ModelForm_SchoolAttendance.pdf

The Superintendent shall be responsible for annual pupil accounting as well as reporting pupil enrollment and attendance as required by the State of Connecticut.

Cross Reference:

Policy 5112.2 (School Census)

Legal Reference:

Connecticut General Statutes, Section 10-249

Approved April 28, 1981 

Amended November 21, 2017

Previous Policy Number: IB1

The Board shall make an annual enumeration of the children residing within the City of Meriden as of January 1.

The Board shall, on the basis of the above census data, project future attendance patterns and plan for the future development of the public schools.

Legal Reference:

Connecticut General Statutes, Section 10-249

Cross Reference:

Policy 5116 (Pupil Accounting)

Approved April 28, 1981 

Amended November 21, 2017

Previous Policy Number: IB2

DISMISSAL OF STUDENTS OF SEPARATED PARENTS

In the case of a request for dismissal of a student of separated parents, where legal custody has not been established, such request for dismissal must bear the signature of both parents. If legal custody has been established, the signature of the legal guardian must appear on the request for dismissal. If the parent insists upon removing the child, the police should be called.

In cases of family dissention, a request may come to prohibit one party of the conflict from taking the child from school, or the parent other than the one with whom the student lives will request dismissal. Such requests should be honored only if legal status has been established.

Any unpreventable irregularity which might prove hazardous to the student should be reported to the police at once.

DISMISSAL OF ILL STUDENTS

Ill students waiting to be picked up should not be dismissed to go home without verification that they are actually being picked up by the designated adult.

Please keep in mind that students being picked up in this situation should be released from the office or the nurse’s suite and that either the secretary or nurse should verify that the adult who has picked up the child is, in fact, the appropriate person.

Property Damage

Pupils are held responsible for all school property used by or loaned to them.  Parents of any pupil who through willfulness or negligence damages books, equipment, or other school property shall reimburse the district for all damages.

Approved:   April 28, 1981                                                                         

Amended:  August 19, 2014

Previous Policy Number: IC2.4

Assignment of students to elementary, middle and high schools will be according to the school attendance areas as established by the Board.

Exceptions may be made by the Superintendent.

The assignment of students to classes is made by the principal or designee with the assistance of the guidance staff.

Cross Reference:

Policy 6152 (Grouping for Instruction)
Policy 5114 (Transfers and Withdrawals)

Disabled 12/12/2014 board approved to delete 8/19/2014

HIGH SCHOOL GRADUATION REQUIREMENTS

            In order to satisfy the high school graduation requirements within Meriden Public Schools, a student must have satisfactorily completed the prescribed courses of study; demonstrated proficiency in basic skills identified by the Meriden Board of Education (the “Board”); satisfied the legally mandated number and distribution of credits required to graduate from high school; and if graduating in 2025 and thereafter, satisfied the Free Application for Federal Student Aid (“FAFSA”) requirements detailed below.

Required Coursework and Credits for Graduation

            The Board conforms with state law regarding credits for graduation from high school.

Classes Graduating in 2024, 2025, and 2026

            For classes graduating in 2024, 2025, and 2026, the following 25 credits are required:

Classes Graduating in 2027 and Thereafter 

            For classes graduating in 2027 and thereafter, the following 25 credits are required:

A student who presents written documentation from a physician or advanced practice registered nurse stating that participation in physical education is not advisable because of the physical condition of the student, shall be excused from the physical education requirement.  In such a case, another subject must be substituted.

Any student who is deaf or hearing impaired may be exempted from any world language graduation requirement if the student’s parent or guardian requests such exemption in writing. 

A credit is defined as the equivalent of one forty (40) minute class period for each school day of a school year.  One-half credit is granted for a course with a forty (40) minute class period each school day for one semester or ninety (90) days.  

Only courses taken in grades nine to twelve inclusive, and that are in accordance with the state-wide subject matter content standards, adopted by the State Board of Education, shall satisfy the above graduation requirements, except that the Board will grant a student credit: 

High school graduation credit will be granted to students upon the successful demonstration of mastery of subject matter achieved through educational experiences and opportunities that provide flexible and multiple pathways to learning, including:

• Cross-curricular graduation requirements,
• Career and technical education,
• Virtual learning,
• Work-based learning,
• Service learning,
• Dual enrollment and early college
• Courses taken in middle school, and
• Internships and student-designed independent studies;

Provided that such demonstration of mastery is in accordance with such state-wide subject matter content standards.  

Demonstration of Proficiency in Basic Skills 

In addition to meeting the coursework and credit graduation requirements listed above, to graduate high school, each student must demonstrate proficiency in the basic skills.

For each tested area not mastered on the PSATs, students must demonstrate success in one of the following indicators in the core content area:

PSAT grade 10 or 11 in fall or spring testing:

   PSAT EBRW = 360 scale score

   PSAT Math = 370 scale score  

SAT spring grade 11:

   PSAT EBRW = 380 scale score

   PSAT Math = 390 scale score  

Minimum 2.33 GPA

C or higher in one ECE or AP course 

ACT score of 15 or higher (was 17)

Accuplacer standard score of 88 or higher

Successful completion of a Personalized Learning Experience (PLE) in senior year

Passing grade on alternative assignment

Students may demonstrate proficiency in the basic skills described above by achieving satisfactory results on the following:

Course Loads

Students are required to carry a minimum of six course units yearly; however, senior students may request a waiver from the school principal if they document active participation in approved college and career readiness activities. 

Generally, students are expected to satisfy the graduation requirements listed in this policy in grades nine through twelve, inclusive. However, a student may receive credit for courses successfully completed in grades seven or eight of any course, the primary focus of which corresponds directly to the subject matter of a specified course requirement in grades nine through twelve, inclusive. Additionally, a student may receive credit towards the high school graduation requirement for the successful completion of a World Language Course with a grade of 60 or better completed in grades six, seven, or eight.

Students may also receive credit through pre-approved online coursework or for coursework offered through a non-profit provider, provided the student achieves a passing grade on an examination prescribed by the Commissioner of Education for up to four units.  Students may also earn units toward reaching a graduation requirement by passing a proficiency examination approved by the Commissioner of Education or upon successful completion of coursework at an accredited institution of higher education.

The school principal may waive up to one unit of study in any given year for a student when warranted because of academic or family hardship circumstances.

Transfer Credit

Only transfer credits earned from high schools accredited by their state accrediting agencies will be accepted in fulfillment of the required units except as described above.

Prior approval from the principal is necessary to pursue transfer credit/credit opportunities from accredited institutions other than high school, except as described above.

Attendance Requirements

Students eligible to receive a high school diploma and participate in a graduation ceremony must have attended a Meriden high school for the full and final semester before graduation. Exceptions from this policy may be made by the Superintendent after reviewing special cases with the high school administration.

Academic Advancement Program

Notwithstanding the graduation requirements in this policy, students shall be permitted to graduate from high school upon the successful completion of the academic advancement program established by the State Board of Education.

FAFSA Requirement for Classes Graduating in 2025 and Thereafter 

Students graduating in 2025 and beyond are required to have satisfied one of the following prior to graduation:

• completed a Free Application for Federal Student Aid (“FAFSA”);
• for students without legal immigration status, completed and submitted to a public institution of higher education an application for institutional financial aid; or
• completed a waiver of completion of the FAFSA and/or financial aid application, as applicable, on a form prescribed by the Commissioner of Education, signed by the student’s parent or guardian or signed by the student if the student is eighteen or older.

On and after March 15 of each school year, a principal, school counselor, teacher, or other certified educator may complete the waiver on behalf of any student who has not satisfied the above requirements if such principal, school counselor, teacher, or other certified educator affirms that they have made a good faith effort to contact the parent/guardian or student about completion of such applications. 

Graduation During Period of Expulsion

A student may graduate during an expulsion period if the Board determines that the student has completed the necessary credits required for graduation.

Legal References:

Conn. Gen. Stat. § 10-14n

Conn. Gen. Stat. § 10-16b

Conn. Gen. Stat. § 10-221a

Conn. Gen. Stat. § 10-223a

Public Act No. 23-21, “An Act Concerning Financial Literacy Instruction”

Public Act No. 23-204, “An Act Concerning the State Budget for the Biennium Ending June 30, 2025, and Making Appropriations Therefor, and Provisions Related to Revenue and Other Items Implementing the State Budget”

Public Act No. 23-167, “An Act Concerning Transparency in Education”

Approved: September 4, 1984

Amended: May 3, 1994

Amended: June 1, 1999

Amended: March 19, 2002

Amended: December 16, 2003

Amended: March 6, 2007

Amended: February 2, 2010

Amended: February 7, 2012

Amended: April 28, 2015

Amended: June 7, 2016

Reviewed and no changes made: December 6, 2016

Amended: May 16, 2017

Amended: September 1, 2020

Amended:  March 19, 2024

 Previous Policy Numbers: 6146 (Moved from Instruction) and HK6

High School Diplomas for Special Education Students 6146.1 (R)

Meriden’s position is one of serving special education students in a positive and productive manner while also protecting the integrity of the Board’s graduation requirements. The guidelines listed below should be utilized by staff in dealing with this issue for special education students within or out of the district.

1. In-District Placements
2. Graduation requirements for special education students at Platt and Maloney High Schools shall be the same as those of the general school population.
3. Credits may be earned in regular or special classes, depending on recommendations of the student’s planning and placement team.
4. In cases where students are unable to meet course objectives, the planning and placement team will determine what constitutes completion of requirements after reviewing the regular course objectives.
5. This plan will be effective with the class of 1989.
6. Out-of-District Placements
7. While it is our legal educational obligation to develop individualized educational programs (IEPs) for placed-out students, it is not to be assumed that such a program or other educational recommendations set forth by planning and placement teams supersede established Board policy for graduation requirements. Simply stated, students must meet the requirements of the Board for graduation in order to be awarded a high school diploma.
8. When a high school student is placed out as a result of a decision made by a planning and placement team, our priority should be one of working closely with the institution in question to see that the IEP is developed and carried out in keeping with the needs of the student. The consideration of shaping the program with graduation requirements in mind should only be addressed if warranted by current educational circumstances. If and when it is educationally sound the address the student’s standing in terms of graduation requirements while continuing on a placed-out status, such a review is to be directly and closely overseen by our staff. In this instance, careful consideration should be given to possibly returning the student in question to either Maloney or Platt as a base for programming, recognizing that such a move would have to be carefully designed and well supported.
9. Should a circumstance develop where it appears as though a handicapped student might be denied a high school diploma because of what could be interpreted as prejudicial, discriminatory, or educationally arbitrary requirements, consideration could be given to pursuing a waiver from the Board. For example, our physical education requirement should not prevent a child with a physical disability from receiving a diploma if the student has met all other Board requirements. In this instance, an appropriate substitute would probably be considered towards meeting the graduation requirements.

Approved July 1, 1987

Amended December 6, 2016

Policy moved to Series 5000 effective 9-1-2020

Previous Policy Number:  6146.1 (R)

Previous Policy Number: HK6-R

In general, students shall be placed at the grade level to which they are best adjusted academically, socially, and emotionally. The educational program shall provide for the continuous progress of students from grade to grade, with students spending one year in each grade. A small number of students, however, may benefit from remaining another year in the same grade.

Most retentions will probably take place in grades K-3 for social and/or academic reasons. In grades K-8, retention may also be appropriate when a student is substantially deficient in expected levels of academic performance. In any case, the decision whether to promote or retain the student shall be based on the academic growth of the student and the determination of which option is in the best interests of the student.

Upon recommendation of the school principal, students who have demonstrated substantial academic deficiencies that may jeopardize their eligibility for promotion will be provided with supplemental services and, in accordance with state law, the school principal may also require that students participate in personal reading programs, after school programs, summer school or other programs offered by the school district that are designed to assist students in remedying such deficiencies.

The Board shall offer supplemental services as an alternative to retention as deemed appropriate by the administration and approved by the Board within Board approved local, state and/or federal appropriations.

When retention is considered, the following procedures should be followed:

1. Generally, by the close of the second marking period (assuming the problem has manifested itself), the teacher shall confer with the principal and other staff members involved with the student, such as the student's special teachers and counselor, and the parents/legal guardians to discuss specific areas of concern.
2. Parents/legal guardians shall then be invited to a meeting with the teacher, principal, and other staff members, to the extent possible, by March 15 for an updated discussion of the matter. This discussion shall consist of an explanation to the parents/legal guardians of their children’s current academic standing in relationship to program objectives and individual ability. Goals shall be set for the period through May 1.
3. During the first two weeks of May, another meeting will be held to review the goals and the student's progress. In June, the final decision of retention shall be made subject to the provisions of paragraph four of this section as appropriate. The final decision shall be made by the principal, as advised by certified staff, and with parental/legal guardian consultation.
4. In accordance with state law, beginning in the school year 2000-2001 and each school year thereafter, students who have not achieved the state-wide standard for remedial assistance on the fourth grade mastery examination will be required to attend school in the summer following the examination on which they failed to reach such standard, unless such students receive an exemption. Beginning in the school year 2001-2002 and each school year thereafter, students who have not achieved the state-wide standard for remedial assistance on the sixth grade mastery examination will be required to attend school in the summer following the examination on which they failed to reach such standard, unless such students receive exemption. If a student is required by law to attend school in the summer and fails to attend, the student shall not be promoted to the next grade. Upon recommendation of the superintendent, the board of education shall make the final decision of retention for such students who fail to attend compulsory summer school at the end of the summer school term.

Approved 4/28/1981
Revised 1/18/2000
Effective 7/1/2000 

The following guidelines are to be used in conjunction with state law as a reference by staff in considering students for promotion/retention.

KINDERGARTEN

Ordinarily, a student who shows sufficient physical, social, emotional, and intellectual maturity to have a successful experience in grade one should be promoted.

GRADE 1

Ordinarily, a student who reads fluently and with comprehension on a primer level and has mastered the beginning arithmetic concepts clustered under grade one should be promoted to grade two.

GRADE 2

Ordinarily, a student who has reading and skill acquisition which enable the student to obtain an understanding of vocabulary and experiences that are met in the first grade reader and the first part of the second grade reader and has mastered the basic math objectives clustered under grade two should be promoted to grade three.

GRADES 3-5

Ordinarily, a student who has mastered the basic skills assigned to the appropriate grade level in mathematics and integrated language arts will be promoted.

GRADES 6-8

Ordinarily, it is expected that students in these grades will master the assigned skills and concepts in language arts, social studies, math, and science and have demonstrated satisfactory effort in all other subjects. Students who fail to achieve the basic objectives of two or more of the major academic subjects listed above will be considered for retention. The student should pass language arts and mathematics to be promoted.

The major references available to staff in determining the degree to which students possess the listed characteristics for promotion are: (1) assessed performance on criterion-referenced testing as recorded on skills record cards, (2) performance on standardized tests, (3) report card grades, (4) teacher-parent/legal guardian input, and (5) attendance.

Regular class attendance and participation in instructional activities is considered vital to students meeting the school system’s academic standards. It is expected that a student will be in school everyday unless he/she is ill or a serious family situation, such as a funeral requires his/her absence.

The educational program for a retained student for the following school year is to be structured in a way that will offer a greater chance for learning success. The revised program should reflect a comprehensive analysis of those educational factors that might have contributed to the retention. The retained student may be placed with same teacher(s) for the following year if this is deemed appropriate. Guidance staff and other ancillary personnel should be utilized to support retained students as needs and circumstances dictate.

If a student is considered for retention (end of year) but is promoted, the reasons for promotion shall be documented.

Approved 4/28/1981
Amended 1/18/2000
Effective 7/1/2000 

THIS REQUIREMENT GOES INTO EFFECT FOR THE INCOMING 2019 FRESHMAN CLASS, WHICH WILL BE THE CLASS GRADUATING IN 2023.

PROMOTION AND RETENTION, GRADES 9-12 5124

A student must complete a total of six units of credit to enter grade 10; a total of twelve units of credit to enter grade 11; a total of eighteen units of credits to enter grade 12; and a total of twenty-five units to graduate. 

The student must complete specific course requirements as established by the Board for graduation. An exception may be granted by the school principal in the instance where a student has enrolled from another school system with differing graduation requirements after the beginning of grade nine. In such a situation, the principal may substitute up to one (1) unit of specified graduation requirements with course credits earned by the student in his or her former school. In all other instances, only the Board may waive graduation requirements.

Upon recommendation of the school principal, students who have demonstrated substantial academic deficiencies that may jeopardize their eligibility for promotion or graduation will be provided with supplemental services and the school principal may also require that students attend after school programs, summer school or other programs offered by the school district that are designed to assist students in remedying such deficiencies.

The Board shall offer supplemental services as an alternative to retention as deemed appropriate by the administration and approved by the Board within Board approved local, state and/or federal appropriations.

Cross Reference:

Policy 6146 (Graduation Requirements)

Approved 12/7/1982

Amended 1/18/2000 

Amended 6/7/2016

Amended 11/19/19

Previous Policy Number: HK5.2

The following are to be followed regarding promotion and retention of high school students.

1. The following minimum credits are required for promotion to grades ten-twelve.
   
   Grade / Minimum Credits
   10   5.25
   11   10.25
   12   15.25
   
   Mid-quarter reports will be sent out to parents/legal guardians of all students failing or in danger of failing a course. Teachers will sign each report and records will be kept in the office.
   
   
2. The academic record of each senior is to be reviewed by October 1 to ensure that all graduation requirements have been attained by the student or have been scheduled for the senior year. Where inadvertent omissions have occurred, the senior’s schedule is to be revised accordingly.
    
3. Whenever senior retentions are being considered (D and F grade for a given term), the following procedures are to be followed:
   
   a. If circumstances warrant, the building principal may submit requests for graduation waivers to the Associate Superintendent’s office.
   
   b. At the end of the first quarter, all seniors failing one or more courses are to be scheduled for individual conferences with their guidance counselors or teachers to review progress and make course adjustments where necessary.
   
   c. At the end of the second quarter, the principal will send letters to parents/legal guardians of seniors failing one or more subjects alerting them to the possibility of their children not graduating and requesting conferences with counselors and the teachers involved.
   
   d. At the end of the third quarter, the procedures outlined for the end of the second term will be repeated.
   
   e. After completion of the fourth quarter examinations, failure reports for seniors are to be submitted to the principal’s office. The school administration will review the students’ graduation status with the teachers and counselors. As necessary, the principal will notify students and their parents/legal guardians that, since graduation requirements have not been completed, the students will not graduate.
   
   f. School personnel will contact failing students and discuss all options available to earn a diploma or a high school equivalency certificate.

I. Policy

The Board of Education (the “Board”) complies with state and federal regulations regarding confidentiality and access to and amendment of student records. The Board shall implement procedures that protect the privacy of parents and students, while providing proper access to records. Availability of these procedures shall be made known to parents of students currently in attendance and eligible students currently in attendance.

II. Definitions

A. “Education Record” means any information or data recorded in any medium (including but not limited to handwriting, print, tapes, film, microfilm and microfiche) which:

1. relates directly to a student;
2. is maintained by the school district or party acting for the school district; 
3. does not include:
   1. personal records that are kept in the sole possession of the school staff member who made them and that are not accessible to or revealed to any other person except the staff member’s temporary substitute;
   2. employment records relating to an individual who is employed in the school system and relating exclusively to that individual in that individual’s capacity as an employee, provided that records pertaining to a student who is employed as a result of his/her status as a student are considered to be education records;
   3. alumni records that contain information about a student after he/she is no longer in attendance in the school system; these records do not relate to the person as a student; and
   4. records of a student who is 18 years of age or older that are made by a physician, psychologist or other recognized professional in his/her professional capacity that are made in connection with treatment of a student and are disclosed only to individuals providing the treatment.

B. “Student” means an individual who is or has been in attendance at a school or in a program under the control of or as authorized by the Board of Education.

C. “Eligible Person” includes those individuals defined as “parent” or “eligible student.”

D. “Parent” includes either parent, a guardian, or an individual acting as a parent of a student in the absence of a parent or guardian.

E. “Eligible Student” means a student or former student who has attained the age of eighteen years or who is attending an institution of post-secondary education, or is an emancipated minor.

F. “Disclosure” means permitting access to the release, transfer, or other communication of personally identifiable information contained in education records, orally or in writing, or by electronic means, or by any other means to any party.

G. “Directory Information” means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy, if disclosed. It includes, but is not limited to, the parent’s name and/or e-mail address, the student’s name, address, telephone number, e-mail address, school, photographic, computer and/or video images, date and place of birth, major field(s) of study, grade level, participation in school-sponsored activities or athletics, weight and height (if the student is a member of an athletic team), dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended.

H. “Personally Identifiable” means data or information including, but not limited to:

1. the name of a student, the student’s parents or other family member, or
2. the address of the student, or the student’s family, or
3. a personal identifier, such as the student’s social security number or student number, or
4. a list of personal characteristics which would make the student’s identity easily traceable.

III. Procedure to Inspect, Review and Obtain a Copy of Educational Records

A. Eligible persons may, upon request, in writing, inspect and review the student’s education records, according to the following procedures:

1. eligible students or parents must submit a written request that identifies as accurately as possible the record or records for which the request for inspection and review is submitted;
2. an authorized official of the school district will notify the parent or eligible student of the date, time and location where the records may be inspected and reviewed;
3. requests by parents and eligible students to inspect and review the student’s education records will be accommodated within a reasonable period of time but, in no case, no more than forty-five (45) calendar days after the receipt of such requests;
4. Procedure (3) (above) is superseded by requirements outlined in Section 10-76d-18(b)(1) of the Regulations of Connecticut State Agencies when requests are made by parents of special education students or eligible students who are identified as special education students:
   1. requests by parents of students requiring special education and related services will be accommodated within ten (10) school days of the receipt of such requests; or
   2. within three (3) school days of the receipt of such requests if the requests are made in order to prepare for a meeting regarding an individualized education program; or
   3. within three (3) calendar days of such a request if the request is made in order to prepare for a meeting related to any due process hearing.
5. Eligible students or parents may request a copy of the student’s educational record. The fee for copies of a student’s educational record is five cents (5⊄) per page. Such fee shall be waived if:
   1. the request is made by an eligible person for the education records of a student receiving or having received special education or related services. In such case and as required by Section 10-76d-18(b)(2) of the Regulations of Connecticut State Agencies, one free copy of the student’s education records will be provided within five (5) school days of a written request. After one free copy is provided by the school district to the parents of students requiring special education and related services, the standard fee per page will be charged for any additional copies of the student’s education records; and
   2. imposition of the fee would effectively prevent the eligible student or parent the right to inspect and review the records.

IV. Amendment of Education Records

A. If an eligible student or parent believes that information in the student’s record is inaccurate, misleading or in violation of the student’s rights of privacy he/she has the following rights:

1. the eligible student or parent may request in writing that the school district amend the record. In requesting an amendment of the record, the eligible student or parent must identify the part of the record he/she wishes to change and specify why he/she believes that the part of the record in question is inaccurate, misleading or in violation of the student’s rights of privacy;
2. the school district will decide and communicate, within a reasonable period of time, whether it will comply or not comply with the request to amend the record. If the school district decides to amend the record(s), the school district shall promptly take such steps as may be necessary to put the decision into effect with respect to the requested amendment(s). If the school district decides not to comply, it will notify the eligible student or parent of its decision and advise him/her of the right to a hearing to challenge the information believed to be inaccurate, misleading or in violation of the student’s rights of privacy;
3. upon request, the school district will hold a hearing within a reasonable period of time after the school district receives the request, unless the parent or eligible student requests a delay. The eligible student or parent will be notified, in advance, of the date, time and place of the hearing;
4. the hearing will be conducted by a person or persons appointed by the Superintendent of Schools who has knowledge regarding the policies relating to confidentiality and who does not have direct interest in the outcome of the hearing. The hearing officer may be an official of the school district;
5. the parent or eligible student and the school system shall have the right to be represented by person(s) of their choosing at their own expense, to cross examine witnesses, to present evidence, and to receive a written decision of the hearing;
6. the school district will prepare within a reasonable period of time a written decision based solely upon the evidence presented at the hearing. The decision will include a summary of the evidence presented and reasons for the decision;
7. if, as a result of the hearing, the school district decides that the information in the education record is inaccurate, misleading or in violation of the student’s rights of privacy, it will amend the record and inform, in writing, the eligible student or parent of the amendment; and
8. if, as a result of the hearing, the school district decides that information in the student’s education records is not inaccurate, misleading, or in violation of the student’s rights of privacy, it will inform the eligible student or parent of the right to place a statement setting forth the reasons for disagreement with the decision.
   1. Any explanation placed in the records of the student shall be maintained by the school system as part of the records of the student as long as the record or contested portion is maintained by the school system.
   2. If the records of the student or the contested portion are disclosed by the school system, the statement of parental and/or eligible student disagreement shall also be disclosed.

V. Disclosure of Education Records

A. Directory information may be disclosed, except that an eligible person may refuse to permit the designation as directory information of any or all of the items included in the Section II.G. (definition of directory information). The school system need not provide such an opportunity to refuse to permit the disclosure of directory information for such directory information concerning former students.

B. Personally identifiable information from a student record may be disclosed in the following situations without obtaining the prior written consent of an eligible person:

1. to either parent of a student who has not yet attained eighteen (18) years of age;
2. to the student;
3. to school officials who have a legitimate educational interest in the record; a school official is a person employed by the District as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board of Education; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.
4. to officials of other schools or school systems, including public charter schools of post-secondary education in which the student seeks or intends to enroll, upon the condition that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record pursuant to Section IV.
5. to authorized officials of the following:
   1. Comptroller General of the United States;
   2. Attorney General of the United States;
   3. Secretary of the United States Department of Education;
   4. State and local educational authorities, under the following conditions: the school shall provide such authorized representatives access to student or other records that may be necessary in connection with the audit, evaluation, or enforcement of state and federally supported education programs, but shall not permit such representatives to collect personally identifiable information unless specifically authorized to do so by state and federal law or if the parent or eligible student has given written consent for the disclosure.
6. to organizations conducting studies for, or on behalf of, the school district for the purpose of developing, validating, or administering predictive tests, administering student aid programs, or improving instruction; so long as the study does not permit personal identification of students or parents by persons other than the representatives of the organization and the information is destroyed when no longer needed for the purposes for which the study was conducted.
7. to accrediting organizations to carry out their accrediting functions;
8. to parents of an eligible student who claim the student as a dependent for income tax purposes, as defined in section 152 of the Internal Revenue Code of 1986.
9. to comply with a judicial order or lawfully issued subpoena, understanding that the district must make a reasonable effort to notify eligible persons of the order or subpoena in advance of compliance, unless such disclosure is in compliance with (a) a federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or (b) any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
10. to appropriate parties in connection with an emergency, if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
11. to parties seeking directory information, as identified in Section II.G. The school district will notify parents or eligible students annually of any category of information designated as directory information and will provide such individuals with an opportunity to object to such disclosure. An objection to the disclosure of directory information shall be good for only one year. School districts are legally obligated to provide military recruiters or institutions of higher education, upon request, with the names, addresses, and telephone numbers of secondary school students, unless a parent or eligible student objects to such disclosure in writing. In all other circumstances, information designated as directory information will not be released when requested by a third party unless the release of such information is determined by the administration to be in the educational interest of the school district and is consistent with the district’s obligations under both state and federal law.
12. In connection with a student’s application for, or receipt of, financial aid, if such information is necessary to determine eligibility for, the amount of, or the conditions for financial aid, or to enforce the terms and conditions of financial aid.
13. to state and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1974, if the disclosure concerns the juvenile justice system and its ability to effectively serve the student whose records are released or if the officials and authorities to whom the records are disclosed certify in writing to the school district that the information will not be disclosed to any other party without the prior, written consent of the parent of the student, except as provided under state law.
14. Between two or more public schools in which the student is enrolled or receiving services.
15. If the school district initiates legal action against a parent or student, the school district may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the school district to proceed with the legal action as plaintiff.
16. If a parent or eligible student initiates legal action against the school district, the school district may disclose to the court, without a court order or subpoena, the student’s educational records that are relevant for the school district to defend itself.
17. To the Attorney General of the United States or his/her designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes specified in sections 2332b(g)(5)(B) and 2331 of title 18, U.S. Code. When producing information or permitting access to student records pursuant to this subsection, the school district is not required to record its disclosure on the registry referred to in Section VI.E.

C. Nothing in this policy shall prevent the school district from:

1. Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.
2. Disclosing appropriate information concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials who have been determined to have legitimate educational interests in the behavior of the student.
3. Disclosing appropriate information concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials who have been determined to have legitimate educational interests in the behavior of the student.

D. The District will also facilitate the transfer of a student’s disciplinary records to officials or any private school in which the student seeks or intends to enroll.

VI. Accessibility to Student Records

A. A parent or eligible student may have access to specific confidential information about the student unless such rights have been waived under Section VII below.

B. Aside from a parent or eligible student, only professional staff members who have been determined by the school system to have a legitimate educational need, and the other exemptions as set forth in Section V, may have access to a student’s records. The district maintains a record of parties that have access to education records, including information found in computer memory banks.

C. Parents’ right of inspection and review are restricted to information dealing with the parents’ own child (or themselves). In the case of an eligible student, the right to inspect and review is restricted to information concerning himself/herself. All requests for access to student records must be in writing. A parent does not lose his or her right to access to records upon divorce. Non-custodial parents retain their rights to review their child’s education records unless otherwise ordered by a court. See Section III.A for more information.

D. Except as provided below, a registry will be kept documenting individuals who have obtained access to student records, including information found in computer memory banks.

1. The registry shall indicate the name of any individual, agency, or organization that obtained access to the student’s records, the date access was given, and the purpose for which the party was granted access to the records, including the names of additional parties to whom the receiving party may disclose the information on behalf of the school district, and the legitimate educational interest in obtaining the information.
2. The registry does not need to include a record of access if the information was given to parents, eligible students, teachers, or other school personnel who have a legitimate educational interest in a student’s record, a person(s) with written consent from the parent or eligible student, or if the records are sought under the direction of a law enforcement subpoena, where either the existence or contents of the subpoena or the information requested in the subpoena is to remain undisclosed, or if access was to directory information only.
3. The registry is a permanent part of the record and must be available to the parent or eligible student upon request.

E. Except as indicated in Section V, the custodian of student records will obtain the written consent of an eligible person before disclosing personally identifiable information from a student record. The consent must include:

1. the signature of the eligible person; 
2. the date the consent was signed;
3. a specification of the records to be disclosed;
4. the purpose(s) of the disclosure; and
5. the party or class of parties to whom the disclosure may be made.

VII. Waiver of Rights

A. A student who is an applicant for admission to an institution of post-secondary education or is in attendance at an institution of post-secondary education, may waive his/her right to inspect and review confidential letters and confidential statements of recommendations with the following limitations.

1. The student is notified, upon request, of the names of all individuals providing the letters or statements.
2. The letters or statements are used only for the purpose for which they were originally intended.
3. The waiver is not required by the agency as a condition of admission to or receipt of any other service or benefit from the agency.
4. The waiver must be in writing and executed by the student, regardless of age, rather than by the parent.

B. A waiver may be revoked with respect to any actions occurring after the revocation.

C. Revocation of a waiver must be in writing.

D. If a parent of a student executes a waiver, that waiver may be revoked by the student at anytime after he/she reaches the age of 18.

VIII. Special Confidentiality Procedures For HIV-Related Information

A. The following definitions shall apply to Section VIII of this policy:

1. Confidential HIV-Related Information
   
   “Confidential HIV-related information” means any information pertaining to the protected individual or obtained pursuant to a release of confidential HIV-related information, concerning whether a person has been counseled regarding HIV infection, has been the subject of HIV-related test, or has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify a person as having one or more of such conditions, including information pertaining to such individual’s partners.
    
2. Health Care Provider
   
   “Health Care Provider” means any physician, dentist, nurse, provider of services for the mentally ill or persons with mental retardation, or other person involved in providing medical, nursing, counseling, or other health care, substance abuse or mental health service, including such services associated with, or under contract to, a health maintenance organization or medical services plan.
    
3. Protected Individual
   
   “Protected individual” means a person who has been counseled regarding HIV infection, is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS or HIV-related illness.
    
4. Release of confidential HIV-related information
   
   “Release of confidential HIV-related information” means a written authorization for disclosure of confidential HIV-related information which is signed by the protected individual, if an eligible student, or a person authorized to consent to health care for the individual and which is dated and specifies to whom disclosure is authorized, the purpose for such disclosure and the time period during which the release is to be effective. A general authorization for the release of medical or other information is not a release of confidential HIV-related information, unless such authorization specifically indicates its dual purpose as a general authorization and an authorization for the release of confidential HIV-related information.
    
5. School Medical Personnel

B. Confidentiality of HIV-related Information

1. All school staff must understand that no person who obtains confidential HIV-related information regarding a protected individual may disclose or be compelled to disclose such information. Each person who has access to confidential HIV-related information is responsible for ensuring that confidential HIV-related information is protected from disclosure and/or redisclosure.
2. Confidential HIV-related information is not public information and any disclosure, other than to persons pursuant to a legally sufficient release or to persons authorized by law to receive such information without a legally sufficient release, violates the law and Board policy.

C. Accessibility of Confidential HIV-related Information

1. No school staff member who obtains confidential HIV-related information may disclose or be compelled to disclose such information, except to the following:
   1. the protected individual, his/her legal guardian or a person authorized to consent to health care for such individual;
   2. any person who secures a release of confidential HIV-related information;
   3. a federal, state or local health law officer when such disclosure is mandated or authorized by federal or state law;
   4. a health care provider or health facility when knowledge of the HIVrelated information is necessary to provide appropriate care or treatment to the protected individual or when confidential HIV-related information is already recorded in a medical chart or record and a health care provider has access to such record for the purpose of providing medical care to the protected individual;
   5. a medical examiner to assist in determining cause of death;
   6. any person allowed access to such information by a court order.

D. Procedures

1. If a school staff member, other than school medical personnel, is given confidential HIV-related information regarding a protected individual who is also a student from the student’s legal guardian or the student, the school staff member shall attempt to secure a release of confidential HIV-related information for the sole purpose of disclosing such information to school medical personnel.
2. If a school medical personnel member is given confidential HIV-related information regarding a protected individual, who is also a student, by a student’s legal guardian, or by the student, and the legal guardian or the student requests accommodations to the student’s program for reasons related thereto, the school medical personnel member shall inform the legal guardian or the student, if an eligible student, that a release of confidential HIV-related information is necessary before such information may be disclosed to other educational personnel capable of assessing the need for, and implementing appropriate accommodations to, the student’s program.
3. Any school staff member who obtains confidential HIV-related information from a source, other than the protected individual or his/her legal guardian, shall keep such information confidential and shall not disclose such information.
4. No school staff member may disclose confidential HIV-related information to other school staff members without first obtaining a release of confidential HIV-related information.
5. Any record containing confidential HIV-related information shall be maintained in a separate file and shall not be subject to the provisions of this policy regarding accessibility of general student records.
6. If school medical personnel determine that the health and safety of the student and/or others would be threatened if a release of confidential HIV-related information is not obtained, the school medical personnel may seek a court order authorizing disclosure. In such cases, such confidential HIV-related information may be disclosed as set forth in, and subject to, any limitation of such court order.

E. Disclosures Pursuant to a Release

1. Any disclosure pursuant to a release shall be accompanied by a notice in writing stating, “This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by said law. A general authorization for the release of medical or other information is NOT sufficient for this purpose.”
2. Oral disclosures must be accompanied or followed by the above notice within ten (10) days.
3. Except for disclosures made to a federal, state or local health officer when such disclosure is mandated or authorized by federal or state law, a notation of all disclosures shall be placed in the medical record or with any HIV-related test result of a protected individual, who shall be informed of such disclosures on request.

F. Child Abuse Reporting

1. Nothing in this policy shall limit a mandated reporter’s responsibility to report suspected child abuse or neglect under the Board’s Child Abuse and Neglect Reporting Policy 5141.4.

IX. Miscellaneous

A. A copy of this policy may be obtained from the custodian of student records.

Legal References:

State Law:

Connecticut General Statutes § 1-210 et seq.
Connecticut General Statutes § 10-15b
Connecticut General Statutes § 19a-581 et seq.
Regs. Connecticut State Agencies § 10-76d-18

Federal Law:

Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §§ 1232g et seq.
USA Patriot Act of 2001, Pub. L. 107-56
No Child Left Behind Act of 2001, Pub. L. No. 107-110
34 CFR Part 99
34 CFR 300.560-300.576

Approved 4/28/1981
Amended 2/3/1998
Amended 9/17/2002 

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:

1. The right to inspect and review the student’s education records within 45 days of the day the Meriden Public School District receives a request for access.
   
   Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
   
   
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.
   
   Parents or eligible students may ask the Meriden Public Schools to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
   
   If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
   
   
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
   
   One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board of Education;a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
   
   A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
   
   Upon request, the district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, having made a reasonable attempt to notify the student or parent of the records request.
   
   
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
   
   Family Policy Compliance Office
   U.S. Department of Education
   600 Independence Avenue, SW
   Washington, DC 20202-4605
   
   
5. The right to refuse the disclosure of directory information (by definition) in total or in part by notifying the school principal by October 1 of each school year of the eligible person’s desire to prevent disclosure of directory information.

Access to Student Directory Information

1. “Directory Information” includes the following information relating to a student: the student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, dates of attendance, honors and awards received, and other similar information.
2. The Board will provide access to student directory information of secondary students to representatives of the armed forces of the United States of America and state armed services, unless the secondary student or the parent of the student objects to such disclosure in writing.

Approved 4/28/1981

Amended:  December 15, 2015

Previous Policy Number: JK1-R

POLICY TO IMPROVE COMPLETION RATES OF THE FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA)

The Meriden Board of Education (the “Board”) understands that completion of the Free Application for Federal Student Aid (“FAFSA”) is an important step in the path to postsecondary education and is associated with higher rates of college enrollment.  The Board is committed to improving the completion rates of the FAFSA for students enrolled in the Meriden Public Schools (the “District”).

Program to Improve FAFSA Completion Rates

In order to improve the completion rates of the FAFSA by students enrolled in grade twelve in the District, the District shall develop a systematic program through which students are educated about the purpose and content of the FAFSA, encouraged to complete the FAFSA, and assisted in the completion of the FAFSA, as may be necessary and appropriate.  The Board directs the Superintendent or designee to develop administrative regulations in furtherance of this policy.  The Board further directs the Superintendent or designee to conduct periodic assessments of such regulations, at least annually, to determine the effectiveness of such regulations in improving completion rates of the FAFSA.

FAFSA Graduation Requirements

Students graduating in 2025 and beyond are required to have satisfied one of the following prior to graduation:

1. completed a FAFSA;

2.for students without legal immigration status, completed and submitted to a public institution of higher education an application for institutional financial aid; or

3. completed a waiver of completion of the FAFSA and/or financial aid application, as applicable, on a form prescribed by the Commissioner of Education, signed by the student’s parent or guardian, or signed by the student if the student is eighteen or older.

On and after March 15 of each school year, a principal, school counselor, teacher, or other certified educator may complete the waiver on behalf of any student who has not satisfied the above requirements if such principal, school counselor, teacher, or other certified educator affirms that they have made a good faith effort to contact the parent/guardian or student about completion of such applications.

Confidentiality of FAFSA

Any information contained in a FAFSA held by the Board shall not be a public record for purposes of the Freedom of Information Act and thus shall not be subject to disclosure under the provisions of section 1-210 of the Connecticut General Statutes.

Reporting of FAFSA Completion Rates

Each year, the Superintendent or designee will report to the Board the FASFA completion rate for each high school in the District.

Gifts, Grants, and Donations to Implement Policy

The Board may accept gifts, grants, and donations, including in-kind donations, to implement the provisions of this policy.

Legal References:

            Conn. Gen. Stat. § 10a-11i

Conn. Gen. Stat. § 10-223m

Public Act No. 23-204, “An Act Concerning the State Budget for the Biennium Ending

June 30, 2025, and Making Appropriations Therefor, and Provisions Related to Revenue and Other Items Implementing the State Budget”

ADOPTED: November 20, 2023 

click on the link for the policy:

/uploads/5130_-_Student_Discipline-revised_11-20-2023.pdf

Series 5000
Students
STUDENT DISCIPLINE
It is the policy of the Meriden Board of Education (the “Board”) to create a school
environment that promotes respect of self, others, and property within the Meriden Public
Schools (the “District”). Compliance with this policy will enhance the Board and the
District’s ability to maintain discipline and reduce interference with the educational
process that can result from student misconduct.

I. Definitions
A. Cannabis means marijuana, as defined by Conn. Gen. Stat. § 21a-240.

B. Dangerous Instrument means any instrument, article or substance which,
under the circumstances in which it is used or attempted or threatened to
be used, is capable of causing death or serious physical injury, and
includes a "vehicle" or a dog that has been commanded to attack.

C. Deadly Weapon means any weapon, whether loaded or unloaded, from
which a shot may be discharged, or a switchblade knife, gravity knife,
billy, blackjack, bludgeon or metal knuckles. A weapon such as a pellet
gun and/or air soft pistol may constitute a deadly weapon if such weapon
is designed for violence and is capable of inflicting death or serious bodily
harm. In making such determination, the following factors should be
considered: design of weapon; how weapon is typically used (e.g.,
hunting); type of projectile; force and velocity of discharge; method of
discharge (e.g., spring v. CO2 cartridge) and potential for serious bodily
harm or death.

D. Electronic Defense Weapon means a weapon which by electronic
impulse or current is capable of immobilizing a person temporarily, but is
not capable of inflicting death or serious physical injury, including a stun
gun or other conductive energy device.

E. Emergency means a situation in which the continued presence of the
student in school poses such a danger to persons or property or such a
disruption of the educational process that a hearing may be delayed until a
time as soon after the exclusion of such student as possible.

F. Exclusion means any denial of public school privileges to a student for
disciplinary purposes.

G. Expulsion means the exclusion of a student from school privileges for
more than ten (10) consecutive school days and shall be deemed to
include, but not be limited to, exclusion from the school to which such
student was assigned at the time such disciplinary action was taken. The
expulsion period may not extend beyond one (1) calendar year.

H. Firearm, as defined in 18 U.S.C § 921, means (a) any weapon (including
a starter gun) that will, is designed to, or may be readily converted to expel
a projectile by the action of an explosive, (b) the frame or receiver of any
such weapon, (c) a firearm muffler or silencer, or (d) any destructive
device. The term firearm does not include an antique firearm. As used in
this definition, a "destructive device" includes any explosive, incendiary,
or poisonous gas device, including a bomb, a grenade, a rocket having a
propellant charge of more than four ounces, a missile having an explosive
or incendiary charge of more than one-quarter ounce, a mine, or any other
similar device; or any weapon (other than a shotgun or shotgun shell
which the Attorney General finds is generally recognized as particularly
suited for sporting purposes) that will, or may be readily converted to,
expel a projectile by explosive or other propellant, and which has a barrel
with a bore of more than ½" in diameter. The term "destructive device"
also includes any combination of parts either designed or intended for use
in converting any device into any destructive device and from which a
destructive device may be readily assembled. A “destructive device” does
not include: an antique firearm; a rifle intended to be used by the owner
solely for sporting, recreational, or cultural purposes; or any device which
is neither designed nor redesigned for use as a weapon.

I. Protected Class Harassment is a form of discrimination on the basis of
any protected characteristic (or protected class) including race, color,
religion, age, sex, sexual orientation, marital status, national origin,
alienage, ancestry, disability, pregnancy, gender identity or expression,
veteran status, status as a victim of domestic violence, or any other basis
prohibited by state or federal law (“Protected Class”). Harassment
constitutes unlawful discrimination when it creates a hostile environment,
which occurs when the harassment is sufficiently severe, pervasive, or
persistent so as to interfere with or limit a student’s ability to participate in
or benefit from the services, activities, or opportunities offered by a
school. Harassment does not have to include intent to harm, be directed at
a specific target, or involve repeated incidents. Harassment against any
individual on the basis of that individual’s association with someone in a
Protected Class may be a form of Protected Class harassment.

J. In-School Suspension means an exclusion from regular classroom
activity for no more than ten (10) consecutive school days, but not
exclusion from school, provided such exclusion shall not extend beyond
the end of the school year in which such in-school suspension was
imposed. No student shall be placed on in-school suspension more than
fifteen (15) times or a total of fifty (50) days in one (1) school year,
whichever results in fewer days of exclusion.

K. Martial Arts Weapon means a nunchaku, kama, kasari-fundo, octagon
sai, tonfa or chinese star.

L. Removal is the exclusion of a student from a classroom for all or part of a
single class period, provided such exclusion shall not extend beyond
ninety (90) minutes.

M. School Days shall mean days when school is in session for students.

N. School-Sponsored Activity means any activity sponsored, recognized or
authorized by the Board and includes activities conducted on or off school
property.

O. Seriously Disruptive of the Educational Process, as applied to off-campus conduct, means any conduct that markedly interrupts or severely impedes the day-to-day operation of a school.

P. Suspension means the exclusion of a student from school and/or
transportation services for not more than ten (10) consecutive school days,
provided such suspension shall not extend beyond the end of the school
year in which such suspension is imposed; and further provided no student
shall be suspended more than ten (10) times or a total of fifty (50) days in
one school year, whichever results in fewer days of exclusion, unless such
student is granted a formal hearing as provided below.

Q. Weapon means any BB gun, any blackjack, any metal or brass knuckles,
any police baton or nightstick, any dirk knife or switch knife, any knife
having an automatic spring release device by which a blade is released
from the handle, having a blade of over one and one-half inches in length,
any stiletto, any knife the edged portion of the blade of which is four
inches and over in length, any martial arts weapon or electronic defense
weapon, or any other dangerous or deadly weapon or instrument, unless
permitted by law under Section 29-38 of the Connecticut General Statutes.

R. Notwithstanding the foregoing definitions, the reassignment of a student
from one regular education classroom program in the District to another
regular education classroom program in the District shall not constitute a
suspension or expulsion.

S. For purposes of this policy, references to “school”, “school grounds” and
“classroom” shall include physical educational environments, including on
school transportation, as well as environments in which students are
engaged in remote learning, which means instruction by means of one or
more Internet-based software platforms as part of a remote learning
model.

II. Scope of the Student Discipline Policy

A. Conduct on School Grounds, on School Transportation, or at a SchoolSponsored Activity:
1. Suspension. Students may be suspended for conduct on school
grounds, on school transportation, or at any school-sponsored activity
that violates a publicized policy of the Board or is seriously
disruptive of the educational process or endangers persons or
property.
2. Expulsion. Students may be expelled for conduct on school grounds,
on school transportation, or at any school-sponsored activity that either
(1) violates a publicized policy of the Board and is seriously
disruptive of the educational process, or (2) endangers persons or
property.
B. Conduct off School Grounds:
Discipline. Students may be disciplined, including suspension and/or
expulsion, for conduct off school grounds if such conduct violates a
publicized policy of the Board and is seriously disruptive of the
educational process.
C. Seriously Disruptive of the Educational Process:
In making a determination as to whether such conduct is seriously
disruptive of the educational process, the Administration and the
Board of Education may consider, but such consideration shall not be
limited to, the following factors: (1) whether the incident occurred
within close proximity of a school; (2) whether other students
from the school were involved or whether there was any gang
involvement; (3) whether the conduct involved violence, threats of
violence, or the unlawful use of a weapon, as defined in Section 29-
38 of the Connecticut General Statutes, and whether any injuries
occurred; and (4) whether the conduct involved the use of alcohol.
The Administration and/or the Board of Education may also consider
(5) whether the off-campus conduct involved the illegal use of
drugs.
D. A student shall not have greater discipline, punishment, or sanction for the
use, sale, or possession of cannabis on school property than a student
would face for the use, sale, or possession of alcohol on school property,
except as otherwise required by applicable law.

III. Actions Leading to Disciplinary Action, including Removal from Class,
Suspension and/or Expulsion

Conduct that is considered to violate a publicized policy of the Board includes
the offenses described below. Any such conduct may lead to disciplinary action
(including, but not limited to, removal from class, suspension and/or expulsion in
accordance with this policy):
1. Striking or assaulting a student, member of the school staff or other
person(s).
2. Theft.
3. The use of obscene or profane language or gestures, the possession
and/or display of obscenity or pornographic images or the
unauthorized or inappropriate possession and/or display of images,
pictures or photographs depicting nudity.
4. Violation of smoking, dress, transportation regulations, or other
regulations and/or policies governing student conduct.
5. Refusal to obey a member of the school staff, law enforcement
authorities, or school volunteers, or disruptive classroom behavior.
6. Any act of Protected Class Harassment or reprisal or retaliation
against any individual for reporting in good faith incidents of
Protected Class Harassment, or who participate in the investigation
of such reports..
7. Refusal by a student to respond to a staff member’s request for the
student to provide the student’s name to a staff member when
asked, misidentification of oneself to such person(s), lying to
school officials or otherwise engaging in dishonest behavior.
8. Inappropriate displays of public affection of a sexual nature and/or
sexual activity on school grounds, on school transportation, or at a
school-sponsored activity.
9. A walk-out from or sit-in within a classroom or school building or
school grounds.
10. Blackmailing, threatening or intimidating school staff or students
(or acting in a manner that could be construed to constitute
blackmail, a threat, or intimidation, regardless of whether intended
as a joke).
11. Possession of any weapon, weapon facsimile, deadly weapon,
martial arts weapon, electronic defense weapon, pistol, knife,
blackjack, bludgeon, box cutter, metal knuckles, pellet gun, air
pistol, explosive device, firearm, whether loaded or unloaded,
whether functional or not, or any other dangerous object or
instrument. The possession and/or use of any object or device that
has been converted or modified for use as a weapon.
12. Possession of any ammunition for any weapon described above in
Paragraph 11.
13. Unauthorized entrance into any school facility or portion of a
school facility or aiding or abetting an unauthorized entrance.
14. Possession or ignition of any fireworks, combustible or other
explosive materials, or ignition of any material causing a fire.
Possession of any materials designed to be used in the ignition of
combustible materials, including matches and lighters.
15. Possession, sale, distribution, use, or consumption of tobacco,
electronic nicotine delivery systems (e.g., e-cigarettes), electronic
cannabis delivery system, or vapor products, or the unlawful
possession, sale, distribution, use or consumption of drugs,
narcotics or alcoholic beverages (or any facsimile of tobacco,
drugs, narcotics or alcoholic beverages, or any item represented to
be tobacco, drugs or alcoholic beverages), including being under
the influence of any such substances or aiding in the procurement
of any such substances. For the purposes of this Paragraph 15, the
term “electronic nicotine delivery system” shall mean an electronic
device used in the delivery of nicotine or other substances to a
person inhaling from the device, and includes, but is not limited to,
an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe or electronic hookah and any related device and any
cartridge or other component of such device, including, but not
limited to, electronic cigarette liquid. For purposes of Paragraph
15, the term “electronic cannabis delivery system” shall mean an
electronic device that may be used to simulate smoking in the
delivery of cannabis to a person inhaling the device and includes,
but is not limited to, a vaporizer, electronic pipe, electronic hookah
and any related device and any cartridge or other component of
such device. For the purposes of Paragraph 15, the term “vapor
product” shall mean any product that employs a heating element,
power source, electronic circuit or other electronic, chemical or
mechanical means, regardless of shape or size, to produce a vapor
that may or may not include nicotine and is inhaled by the user of
such product. For the purposes of this Paragraph 15, the term
"drugs" shall include, but shall not be limited to, any medicinal
preparation (prescription and non-prescription) and any controlled
substance whose possession, sale, distribution, use or consumption
is illegal under state and/or federal law, including cannabis.
16. Sale, distribution, or consumption of substances contained in
household items; including, but not limited to glue, paint,
accelerants/propellants for aerosol canisters, and/or items such as
the aerators for whipped cream; if sold, distributed or consumed
for the purpose of inducing a stimulant, depressant, hallucinogenic
or mind-altering effect.
17. Possession of paraphernalia used or designed to be used in the
consumption, sale or distribution of drugs, alcohol or tobacco, as
described in Paragraph 15 above. For purposes of this policy, drug
paraphernalia includes any equipment, products and materials of
any kind which are used, intended for use or designed for use in
planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing,
containing or concealing, or injecting, ingesting, inhaling or
otherwise introducing controlled drugs or controlled substances
into the human body, including but not limited to items such as
"bongs," pipes, "roach clips," vials, tobacco rolling papers, and any
object or container used, intended or designed for use in storing,
concealing, possessing, distributing or selling controlled drugs or
controlled substances, including cannabis.
18. The destruction of real, personal or school property, such as,
cutting, defacing or otherwise damaging property in any way.
19. Accumulation of offenses such as school and class tardiness, class
or study hall cutting, or failure to attend detention.
20. Trespassing on school grounds while on out-of-school suspension
or expulsion.
21. Making false bomb threats or other threats to the safety of students,
employees, and/or other persons.
22. Defiance of school rules and the valid authority of teachers,
supervisors, administrators, other employees and/or law
enforcement authorities.
23. Throwing snowballs, rocks, sticks and/or similar objects, except as
specifically authorized by school employees responsible for
student supervision.
24. Unauthorized and/or reckless and/or improper operation of a motor
vehicle on school grounds or at any school-sponsored activity.
25. Leaving school grounds, school transportation or a schoolsponsored activity without authorization.
26. Use of or copying of the academic work of another individual and
presenting it as the student's own work, without proper attribution;
or any other form of academic dishonesty, cheating or plagiarism.
27. Possession and/or use of a cellular telephone, radio, portable audio
player, CD player, blackberry, tablet, personal data assistant,
walkie talkie, Smartphone, mobile or handheld device, or similar
electronic device, on school grounds, on school transportation, or
at a school-sponsored activity in violation of Board policy and/or
administrative regulations regulating the use of such devices.
28. Possession and/or use of a beeper or paging device on school
grounds, on school transportation, or at a school-sponsored activity
without the written permission of the principal or designee.
29. Unauthorized use of or tampering with any school computer,
computer system, computer software, Internet connection or
similar school property or system, or the use of such property or
system for inappropriate purposes.
30. Possession and/or use of a laser pointer, unless the student
possesses the laser pointer temporarily for an educational purpose
while under the direct supervision of a responsible adult.
31. Hazing.
32. Bullying, defined as an act that is direct or indirect and severe,
persistent or pervasive, which:
a. causes physical or emotional harm to an individual;
b. places an individual in reasonable fear of physical or
emotional harm; or
c. infringes on the rights or opportunities of an individual at
school; or
Bullying shall include, but need not be limited to, a written, oral or
electronic communication or physical act or gesture based on any
actual or perceived differentiating characteristics, such as race,
color, religion, ancestry, national origin, gender, sexual orientation,
gender identity or expression, socioeconomic status, academic
status, physical appearance, or mental, physical, developmental or
sensory disability, or by association with an individual or group
who has or is perceived to have one or more of such
characteristics.
33. Cyberbullying, defined as any act of bullying through the use of
the Internet, interactive and digital technologies, cellular mobile
telephone or other mobile electronic devices or any electronic
communications.
34. Acting in any manner that creates a health and/or safety hazard for
employees, students, third parties on school property or the public,
regardless of whether the conduct is intended as a joke, including
but not limited to violating school or District health and safety
protocols.
35. Engaging in a plan to stage or create a violent situation for the
purposes of recording it by electronic means; or recording by
electronic means acts of violence for purposes of later publication
(other than to school officials).
36. Engaging in a plan to stage sexual activity for the purposes of
recording it by electronic means; or recording by electronic means
sexual acts for purposes of later publication (other than to school
officials).
37. Using computer systems, including email, remote learning
platforms, instant messaging, text messaging, blogging or the use
of social networking websites, or other forms of electronic
communications, to engage in any conduct prohibited by this
policy.
38. Use of a privately owned electronic or technological device in
violation of school rules, including the unauthorized recording
(photographic or audio) of another individual without permission
of the individual or a school employee.
39. Engaging in teen dating violence, defined as any act of physical,
emotional or sexual abuse, including stalking, harassing and
threatening, which occurs between two students who are currently
in or who have recently been in a dating relationship.
40. Any action prohibited by any Federal or State law.
41. Any other violation of school rules or regulations or a series of
violations which makes the presence of the student in school
seriously disruptive of the educational process and/or a danger to
persons or property.

IV. Discretionary and Mandatory Expulsions

A. An administrator responsible for a school program (“responsible
administrator”) may consider recommendation of expulsion of a student in
grades three to twelve, inclusive, in a case where the responsible
administrator has reason to believe the student has engaged in conduct
described at Sections II.A. or II.B., above.
B. A responsible administrator must recommend expulsion proceedings in all
cases against any student in grades kindergarten to twelve, inclusive,
whom the Administration has reason to believe:
1. was in possession on school grounds, on school transportation,
or at a school-sponsored activity of a deadly weapon, dangerous
instrument, martial arts weapon, or firearm as defined in 18
U.S.C. § 921 as amended from time to time; or
2. off school grounds, possessed a firearm as defined in 18 U.S.C. §
921, in violation of Conn. Gen. Stat. § 29-35, or possessed and
used a firearm as defined in 18 U.S.C. § 921, a deadly weapon, a
dangerous instrument or a martial arts weapon in the
commission of a crime under chapter 952 of the Connecticut
General Statutes; or
3. was engaged on or off school grounds or school transportation
in offering for sale or distribution a controlled substance (as
defined in Conn. Gen. Stat. § 21a-240(9)), whose manufacturing,
distribution, sale, prescription, dispensing, transporting, or
possessing with intent to sell or dispense, offering or administering
is subject to criminal penalties under Conn. Gen. Stat. §§21a-277
and 21a-278. Sale or distribution of less than one (1) kilogram of
cannabis is not subject to mandatory expulsion.
The terms “dangerous instrument,” “deadly weapon,”
electronic defense weapon,” “firearm,” and “martial arts
weapon,” are defined above in Section I.
C. In any preschool program provided by the Board or provided by a regional
educational service center or a state or local charter school pursuant to an
agreement with the Board, no student enrolled in such a preschool
program shall be expelled from such preschool program, except an
expulsion hearing shall be conducted by the Board in accordance with
Section VIII of this policy whenever the Administration has reason to
believe that that a student enrolled in such preschool program was in
possession of a firearm as defined in 18 U.S.C. § 921, as amended from
time to time, on or off school grounds, on school transportation, or at a
preschool program-sponsored event. The term “firearm” is defined
above in Section I.
D. Upon receipt of an expulsion recommendation, the Superintendent may
conduct an inquiry concerning the expulsion recommendation.
If the Superintendent or designee determines that a student should or must
be expelled, the Superintendent or designee shall forward such
recommendation to the Board so that the Board can consider and act upon
this recommendation.
E. In keeping with Conn. Gen. Stat. § 10-233d and the Gun-Free Schools
Act, it shall be the policy of the Board to expel a student in grades
kindergarten to twelve, inclusive, for one (1) full calendar year for the
conduct described in Section IV.B(1), (2) and (3) of this policy and to
expel a student enrolled in a preschool program for one (1) calendar year
for the conduct described in Section IV.C. For any mandatory expulsion
offense, the Board may modify the term of expulsion on a case-by-case
basis.

V. Procedures Governing Removal from Class
A. A student may be removed from class by a teacher or administrator if the
student deliberately causes a serious disruption of the educational process.
When a student is removed by a teacher, the teacher must send the student
to a designated area and notify the responsible administrator or the
administrator’s designee at once.
B. A student may not be removed from class more than six (6) times in one
school year nor more than twice in one week unless the student is referred
to the responsible administrator or the administrator’s designee and
granted an informal hearing at which the student should be informed of the
reasons for the disciplinary action and given an opportunity to explain the
situation.
C. The parents or guardian of any minor student removed from class shall be
given notice of such disciplinary action within twenty-four (24) hours of
the time of the institution of such removal from class.

VI. Procedures Governing Suspension
A. The responsible administrator or the administrator’s designee shall have
the right to suspend a student for breach of conduct as noted in Section II
of this policy for not more than ten (10) consecutive school days. In cases
where suspension is contemplated, the following procedures shall be
followed.
1. Unless an emergency situation exists, no student shall be
suspended prior to having an informal hearing before the
responsible administrator or the administrator’s designee at which
the student is informed of the charges and given an opportunity to
respond. In the event of an emergency, the informal hearing shall
be held as soon after the suspension as possible.
2. If suspended, such suspension shall be an in-school suspension,
except the responsible administrator or the administrator’s
designee may impose an out-of-school suspension on any pupil:
a. in grades three to twelve, inclusive, if, during the informal
hearing, (i) the responsible administrator or the
administrator’s designee determines that the student poses
such a danger to persons or property or such a disruption of
the educational process that the student should be excluded
from school during the period of suspension; or (ii) the
responsible administrator or the administrator’s designee
determines that an out-of-school suspension is appropriate
based on evidence of (A) the student’s previous
disciplinary problems that have led to suspensions or
expulsion of such student, and (B) previous efforts by the
Administration to address the student’s disciplinary
problems through means other than out-of-school
suspension or expulsion, including positive behavioral
support strategies, or
b. in grades preschool to two, inclusive, if the responsible
administrator or the administrator’s designee determines
that an out-of-school suspension is appropriate for such
student based on evidence that such student’s conduct on
school grounds or on school transportation is of a violent or
sexual nature that endangers persons.
3. Evidence of past disciplinary problems that have led to removal
from a classroom, suspension, or expulsion of a student who is the
subject of an informal hearing may be received by responsible
administrator or the administrator’s designee, but only considered
in the determination of the length of suspensions.
4. By telephone, responsible administrator or the administrator’s
designee shall make reasonable attempts to immediately notify the
parent or guardian of a minor student following the suspension and
to state the cause(s) leading to the suspension.
5. Whether or not telephone contact is made with the parent or
guardian of such minor student, responsible administrator or the
administrator’s designee shall forward a letter promptly to such
parent or guardian to the last address reported on school records
(or to a newer address if known by the responsible administrator or
the administrator’s designee), offering the parent or guardian an
opportunity for a conference to discuss same.
6. In all cases, the parent or guardian of any minor student who has
been suspended shall be given notice of such suspension within
twenty-four (24) hours of the time of the institution of the
suspension.
7. Not later than twenty-four (24) hours after the commencement of
the suspension, the responsible administrator or the administrator’s
designee shall also notify the Superintendent or designee of the
name of the student being suspended and the reason for the
suspension.
8. The student shall be allowed to complete any classwork, including
examinations, without penalty, which the student missed while
under suspension.
9. The school Administration may, in its discretion, shorten or waive
the suspension period for a student who has not previously been
suspended or expelled, if the student completes an Administration-specified program and meets any other conditions required by the
Administration. Such Administration-specified program shall not
require the student and/or the student’s parents to pay for
participation in the program.
10. Notice of the suspension shall be recorded in the student's
cumulative educational record. Such notice shall be expunged
from the cumulative educational record if the student graduates
from high school. In cases where the student’s period of
suspension is shortened or waived in accordance with Section
VI.A(9), above, the Administration may choose to expunge the
suspension notice from the cumulative record at the time the
student completes the Administration-specified program and meets
any other conditions required by the Administration.
11. If the student has not previously been suspended or expelled, and
the Administration chooses to expunge the suspension notice from
the student’s cumulative record prior to graduation, the
Administration may refer to the existence of the expunged
disciplinary notice, notwithstanding the fact that such notice may
have been expunged from the student’s cumulative file, for the
limited purpose of determining whether any subsequent
suspensions or expulsions by the student would constitute the
student’s first such offense.
12. The decision of the responsible administrator or the administrator’s
designee with regard to disciplinary actions up to and including
suspensions shall be final.
13. During any period of suspension served out of school, the student
shall not be permitted to be on school property and shall not be
permitted to attend or participate in any school-sponsored
activities, unless the responsible administrator or the
administrator’s designee specifically authorizes the student to enter
school property for a specified purpose or to participate in a
particular school-sponsored activity.

B. In cases where a student’s suspension will result in the student being
suspended more than ten (10) times or for a total of fifty (50) days in a
school year, whichever results in fewer days of exclusion, the student
shall, prior to the pending suspension, be granted a formal hearing before
the Board. The responsible administrator or the administrator’s designee
shall report the student to the Superintendent or designee and request a
formal Board hearing. If an emergency situation exists, such hearing shall
be held as soon after the suspension as possible.

VII. Procedures Governing In-School Suspension
A. The responsible administrator or the administrator’s designee may impose
in-school suspension in cases where a student's conduct endangers persons
or property, violates school policy or seriously disrupts the educational
process as determined by the responsible administrator or the
administrator’s designee.
B. In-school suspension may not be imposed on a student without an
informal hearing by responsible administrator or the administrator’s
designee.
C. In-school suspension may be served in the school or program that the
student regularly attends or in any other school building within the
jurisdiction of the Board.
D. No student shall be placed on in-school suspension more than fifteen (15)
times or for a total of fifty (50) days in one school year, whichever results
in fewer days of exclusion.
E. The parents or guardian of any minor student placed on in-school
suspension shall be given notice of such suspension within twenty-four
(24) hours of the time of the institution of the period of the in-school
suspension.

VIII. Procedures Governing Expulsion Hearing
A. Emergency Exception:
Except in an emergency situation, the Board shall, prior to expelling any
student, conduct a hearing to be governed by the procedures outlined
herein and consistent with the requirements of Conn. Gen. Stat. § 10-233d
or Conn. Gen. Stat. § 10-233l, if applicable, as well as the applicable
provisions of the Uniform Administrative Procedures Act, Conn. Gen.
Stat. §§ 4-176e to 4-180a, and § 4-181a. Whenever an emergency exists,
the hearing provided for herein shall be held as soon as possible after the
expulsion.
B. Hearing Panel:
1. Expulsion hearings conducted by the Board will be heard by any
three or more Board members. A decision to expel a student must
be supported by a majority of the Board members present,
provided that no less than three (3) affirmative votes to expel are
cast.
2. Alternatively, the Board may appoint an impartial hearing board
composed of one (1) or more persons to hear and decide the
expulsion matter, provided that no member of the Board may serve
on such panel.

C. Hearing Notice and Rights of the Student and Parent(s)/Guardian(s):
1. Written notice of the expulsion hearing must be given to the
student, and, if the student is a minor, to the student’s parent(s) or
guardian(s) at least five (5) business days before such hearing.
2. A copy of this Board policy on student discipline shall also be
given to the student, and if the student is a minor, to the student’s
parent(s) or guardian(s), at the time the notice is sent that an
expulsion hearing will be convened.
3. The written notice of the expulsion hearing shall inform the student
of the following:
a. The date, time, place and nature of the hearing, including if
the hearing will be held virtually, via video conference.
b. The legal authority and jurisdiction under which the
hearing is to be held, including a reference to the particular
sections of the legal statutes involved.
c. A short, plain description of the conduct alleged by the
Administration.
d. The student may present as evidence relevant testimony
and documents concerning the conduct alleged and the
appropriate length and conditions of expulsion; and that the
expulsion hearing may be the student’s sole opportunity to
present such evidence.
e. The student may cross-examine witnesses called by the
Administration.
f. The student may be represented by an attorney or other
advocate of the student’s choice at the student’s expense or
at the expense of the student’s parent(s) or guardian(s).
g. A student is entitled to the services of a translator or
interpreter, to be provided by the Board, whenever the
student or the student’s parent(s) or guardian(s) requires the
services of an interpreter because they do not speak the
English language or are disabled.
h. The conditions under which the Board is not legally
required to give the student an alternative educational
opportunity (if applicable).
i. Information concerning the parent’s(s’) or guardian’s(s’)
and the student’s legal rights and about free or reduced-rate
legal services and how to access such services.
j. The parent(s) or guardian(s) of the student have the right to
have the expulsion hearing postponed for up to one week to
allow time to obtain representation, except that if an
emergency exists, such hearing shall be held as soon after
the expulsion as possible.

D. Hearing Procedures:
1. The hearing will be conducted by the Presiding Officer, who will
call the meeting to order, introduce the parties, Board members and
others participating in the hearing (if applicable), briefly explain
the hearing procedures, and swear in any witnesses called by the
Administration or the student. If an impartial board or more than
one person has been appointed, the impartial board shall appoint a
Presiding Officer.
2. The hearing will be conducted in executive session. A verbatim
record of the hearing will be made, either by tape or digital
recording or by a stenographer. A record of the hearing will be
maintained, including the verbatim record, all written notices and
documents relating to the case and all evidence received or
considered at hearing.
3. The Administration shall bear the burden of production to come
forward with evidence to support its case and shall bear the burden
of persuasion. The standard of proof shall be a preponderance of
the evidence.
4. Formal rules of evidence will not be followed. The Board (or the
impartial board) has the right to accept hearsay and other evidence
if it deems that evidence relevant or material to its determination.
The Presiding Officer will rule on testimony or evidence as to it
being immaterial, irrelevant and/or any other objections to its
submission.
5. The hearing will be conducted in two (2) parts. In the first part of
the hearing, the Board (or the impartial board) will receive and
consider evidence regarding the conduct alleged by the
Administration.
6. In the first part of the hearing, the charges will be introduced into
the record by the Superintendent or designee.
7. Each witness for the Administration will be called and sworn.
After a witness has finished testifying, the witness will be subject
to cross-examination by the opposite party or the witness’ legal
counsel, by the Presiding Officer and by Board members (or the
impartial board).
8. The student shall not be compelled to testify at the hearing.
9. After the Administration has presented its case, the student will be
asked if the student has any witnesses or evidence to present
concerning the charges. If so, the witnesses will be sworn, will
testify, and will be subject to cross examination and to questioning
by the Presiding Officer and/or by the Board (or the impartial
board). The student may also choose to make a statement at this
time. If the student chooses to make a statement, the student will
be sworn and subject to cross examination and questioning by the
Presiding Officer and/or by the Board (or the impartial board).
Concluding statements will be made by the Administration and
then by the student and/or the student’s representative.
10. In cases where the student has denied the allegation, the Board (or
the impartial board) must determine whether the student committed
the offense(s) as charged by the Superintendent or designee.
11. If the Board (or the impartial board) determines that the student
has committed the conduct as alleged, then the Board (or the
impartial board) shall proceed with the second portion of the
hearing, during which the Board (or the impartial board) will
receive and consider relevant evidence regarding the length and
conditions of expulsion.
12. When considering the length and conditions of expulsion, the
Board (or the impartial board) may review the student’s
attendance, academic and past disciplinary records. The Board (or
the impartial board) may not review notices of prior expulsions or
suspensions which have been expunged from the student’s
cumulative record, except as so provided in Section VI.A (9), (10),
(11), above, and Section X, below. The Board (or the impartial
board) may ask the Superintendent or designee for a
recommendation as to the discipline to be imposed.
13. Evidence of past disciplinary problems that have led to removal
from a classroom, suspension or expulsion of a student being
considered for expulsion may be considered only during the
second portion of the hearing, during which the Board (or the
impartial board) is considering length of expulsion and nature of
alternative educational opportunity to be offered.
14. Where administrators presented the case in support of the charges
against the student, neither such administrative staff nor the
Superintendent or designee shall not be present during the
deliberations of the Board (or the impartial board) either on
questions of evidence or on the final discipline to be imposed. The
Superintendent or designee may, after reviewing the incident with
administrators, and reviewing the student’s records, make a
recommendation to the Board (or the impartial panel) as to the
appropriate discipline to be applied.
15. The Board (or the impartial board) shall make findings as to the
truth of the charges, if the student has denied them; and, in all
cases, the disciplinary action, if any, to be imposed. While the
hearing itself is conducted in executive session, the vote regarding
expulsion must be made in open session and in a manner that
preserves the confidentiality of the student’s name and other
personally identifiable information.
16. Except for a student who has been expelled based on possession of
a firearm or deadly weapon as described in subsection IV.B(1) and
(2) above, the Board (or the impartial board) may, in its discretion,
shorten or waive the expulsion period for a student who has not
previously been suspended or expelled, if the student completes a
Board-specified program and meets any other conditions required
by the Board (or the impartial board). The Board-specified
program shall not require the student and/or the student’s parents
to pay for participation in the program.
17. The Board (or the impartial board) shall report its final decision in
writing to the student, or if such student is a minor, also to the
parent(s) or guardian(s), stating the reasons on which the decision
is based, and the disciplinary action to be imposed. Said decision
shall be based solely on evidence presented at the hearing. The
parents or guardian or any minor student who has been expelled
shall be given notice of such disciplinary action within twenty-four
(24) hours of the time of the institution of the period of the
expulsion.
18. The hearing may be conducted virtually, via video conference, at
the direction of the Board (or the impartial board), in the event
school buildings are closed to students or individuals are provided
limited access to school buildings due to a serious health or other
emergency. Any virtual hearing must provide the student the due
process rights identified in this Subsection D.

E. Presence on School Grounds, on School Transportation, and
Participation in School-Sponsored Activities During Expulsion:
During the period of expulsion, the student shall not be permitted to be on
school property or on school transportation, and shall not be permitted to
attend or participate in any school-sponsored activities, except for the
student’s participation in any alternative educational opportunity provided
by the District in accordance with this policy, unless the Superintendent
specifically provides written permission for the student to enter school
property or school transportation for a specified purpose or to participate
in a particular school-sponsored activity.

F. Stipulated Agreements:
In lieu of the procedures used in this Section, the Administration and the
parent(s) or legal guardian(s) of a student facing expulsion may choose to
enter into a Joint Stipulation of the Facts and a Joint Recommendation to
the Board concerning the length and conditions of expulsion. Such Joint
Stipulation and Recommendation shall include language indicating that
the parent(s) or legal guardian(s) understand their right to have an
expulsion hearing held pursuant to these procedures, and language
indicating that the Board, in its discretion, has the right to accept or reject
the Joint Stipulation of Facts and Recommendation. If the Board (or the
impartial board) rejects either the Joint Stipulation of Facts or the
Recommendation, an expulsion hearing shall be held pursuant to the
procedures outlined herein. If the student is eighteen years of age or older,
the student shall have the authority to enter into a Joint Stipulation and
Recommendation on the student’s own behalf.
If the parties agree on the facts, but not on the disciplinary
recommendation, the Administration and the parents (or legal guardians)
of a student facing expulsion may also choose to enter into a Joint
Stipulation of the Facts and submit only the Stipulation of the Facts to the
Board (or the impartial board) in lieu of holding the first part of the
hearing, as described above. Such Joint Stipulation shall include language
indicating that the parents and/or student over the age of 18 understand
their right to have a hearing to determine whether the student engaged in
the alleged misconduct and that the Board, in its discretion, has the right to
accept or reject the Joint Stipulation of Facts. If the Board (or the
impartial board) rejects the Joint Stipulation of Facts, a full expulsion
hearing shall be held pursuant to the procedures outlined herein.

IX. Alternative Educational Opportunities for Expelled Students
A. Students under sixteen (16) years of age:
Whenever the Board expels a student under sixteen (16) years of age, it
shall offer any such student an alternative educational opportunity.
B. Students sixteen (16) to eighteen (18) years of age:
1. The Board shall provide an alternative educational opportunity to a
sixteen (16) to eighteen (18) year-old student expelled for the first
time if the student requests it and if the student agrees to the
conditions set by the Board (or the impartial board). Such
alternative educational opportunity may include, but shall not be
limited to, the placement of a student who is at least seventeen
years of age in an adult education program. Any student
participating in an adult education program during a period of
expulsion shall not be required to withdraw from school as a
condition to participation in the adult education program.
2. The Board is not required to offer an alternative educational
opportunity to any student between the ages of sixteen (16) and
eighteen (18) who is expelled for a second, or subsequent, time.
3. The Board shall count the expulsion of a student when the student
was under sixteen (16) years of age for purposes of determining
whether an alternative educational opportunity is required for such
student when the student is between the ages of sixteen and
eighteen.
C. Students eighteen (18) years of age or older:
The Board is not required to offer an alternative educational opportunity to
expelled students eighteen (18) years of age or older.
D. Content of Alternative Educational Opportunity
1. For the purposes of Section IX, and subject to Subsection IX.E,
below, any alternative educational opportunity to which an
expelled student is statutorily entitled shall be (1) alternative
education, as defined by Conn. Gen. Stat. § 10-74j and in
accordance with the Standards for Educational Opportunities for
Students Who Have Been Expelled, adopted by the Connecticut
State Board of Education (“CSBE”), with an individualized
learning plan, if the Board provides such alternative education, or
(2) in accordance with the Standards for Educational
Opportunities for Students Who Have Been Expelled, adopted by
the CSBE.
2. The Superintendent, or designee, shall develop administrative
regulations concerning alternative educational opportunities, which
administrative regulations shall be in compliance with the
standards adopted by the CSBE. Such administrative regulations
shall include, but are not limited to, provisions to address student
placement in alternative education; individualized learning plans;
monitoring of students placements and performance; and a process
for transition planning.
E. Students identified as eligible for services under the Individuals with
Disabilities Education Act (“IDEA”):
Notwithstanding Subsections IX.A. through D. above, if the Board expels
a student who has been identified as eligible for services under the
Individuals with Disabilities Education Act (“IDEA”), it shall offer an
alternative educational opportunity to such student in accordance with the
requirements of IDEA, as it may be amended from time to time, and in
accordance with the Standards for Educational Opportunities for Students
Who Have Been Expelled, adopted by the CSBE.
F. Students for whom an alternative educational opportunity is not
required:
The Board may offer an alternative educational opportunity to a student
for whom such alternative educational opportunity is not required by law
or as described in this policy. In such cases, the Board, or if delegated by
the Board, the Administration, shall determine the components, including
nature, frequency and duration of such services, of any such alternative
educational opportunity.

X. Notice of Student Expulsion on Cumulative Record
Notice of expulsion and the conduct for which the student was expelled shall be
included on the student’s cumulative educational record. Such notice, except for
notice of an expulsion of a student in grades nine through twelve, inclusive, based
upon possession of a firearm or deadly weapon, shall be expunged from the
cumulative educational record by the Board if the student graduates from high
school.
In cases where the student’s period of expulsion is shortened or waived in
accordance with Section VIII.D(16), above, the Board may choose to expunge the
expulsion notice from the cumulative record at the time the student completes the
Board-specified program and meets any other conditions required by the Board.
If a student’s period of expulsion was not shortened or waived, the Board may
choose to expunge the expulsion notice from the student’s cumulative record prior
to graduation if such student has demonstrated to the Board that the student’s
conduct and behavior in the years following such expulsion warrants an
expungement. In deciding whether to expunge the expulsion notice, the Board
may receive and consider evidence of any subsequent disciplinary problems that
have led to removal from a classroom, suspension or expulsion of the student.
If the student has not previously been suspended or expelled, and the
Administration chooses to expunge the expulsion notice from the student’s
cumulative record prior to graduation, the Administration may refer to the
existence of the expunged notice, notwithstanding the fact that such notice may
have been expunged from the student’s cumulative file, for the limited purpose of
determining whether any subsequent suspension or expulsion by the student
would constitute the student’s first such offense.

XI. Change of Residence During Expulsion Proceedings
A. Student moving into the District:
1. If a student enrolls in the District while an expulsion hearing is
pending in another public school district, such student shall not be
excluded from school pending completion of the expulsion hearing
unless an emergency exists, as defined above. The Board shall
retain the authority to suspend the student or to conduct its own
expulsion hearing.
2. Where a student enrolls in the District during the period of
expulsion from another public school district, the Board may adopt
the decision of the student expulsion hearing conducted by such
other school district. The student shall be excluded from school
pending such hearing. The excluded student shall be offered an
alternative educational opportunity in accordance with statutory
requirements. The Board (or the impartial board) shall make its
determination pertaining to expulsion based upon a hearing held by
the Board (or the impartial board), which hearing shall be limited
to a determination of whether the conduct which was the basis of
the previous public school district’s expulsion would also warrant
expulsion by the Board.
B. Student moving out of the District:
Where a student withdraws from school after having been notified that an
expulsion hearing is pending, but before a decision has been rendered by
the Board, the notice of the pending expulsion hearing shall be included
on the student’s cumulative record and the Board shall complete the
expulsion hearing and render a decision. If the Board subsequently
renders a decision to expel the student, a notice of the expulsion shall be
included on the student’s cumulative record.

XII. Procedures Governing Suspension and Expulsion of Students Identified as
Eligible for Services under the Individuals with Disabilities Education Act
(“IDEA”)
A. Suspension of IDEA students:
Notwithstanding the foregoing, if the Administration suspends a student
identified as eligible for services under the IDEA (an “IDEA student”)
who has violated any rule or code of conduct of the District that applies to
all students, the following procedures shall apply:
1. The Administration shall make reasonable attempts to immediately
notify the parents of the student of the decision to suspend on the
date on which the decision to suspend was made, and a copy of the
special education procedural safeguards must either be handdelivered or sent by mail to the parents on the date that the
decision to suspend was made.
2. During the period of suspension, the District is not required to
provide any educational services to the IDEA student beyond that
which is provided to all students suspended by the District.
B. Expulsion and Suspensions that Constitute Changes in Placement for
IDEA students:
Notwithstanding any provision to the contrary, if the Administration
recommends for expulsion an IDEA student who has violated any rule or
code of conduct of the District that applies to all students, the procedures
described in this section shall apply. The procedures described in this
section shall also apply for students whom the Administration has
suspended in a manner that is considered under the IDEA, as it may be
amended from time to time, to be a change in educational placement:
1. Upon the decision by the Administration to recommend expulsion
or impose a suspension that would constitute a change in
educational placement, the Administration shall promptly notify
the parent(s)/guardian(s) of the student of the recommendation of
expulsion or the suspension that would constitute a change in
educational placement, and provide the parents(s)/guardian(s) a
copy of the special education procedural safeguards either by
hand-delivery or by mail (unless other means of transmission have
been arranged).
2. The District shall immediately convene the student’s planning and
placement team (“PPT”), but in no case later than ten (10) school
days after the recommendation for expulsion or the suspension that
constitutes a change in placement was made. The student’s PPT
shall consider the relationship between the student’s disability and
the behavior that led to the recommendation for expulsion or the
suspension which constitutes a change in placement, in order to
determine whether the student’s behavior was a manifestation of
the student’s disability.
3. If the student’s PPT finds that the behavior was a manifestation of
the student’s disability, the Administration shall not proceed with
the recommendation for expulsion or the suspension that
constitutes a change in placement.
4. If the student’s PPT finds that the behavior was not a manifestation
of the student’s disability, the Administration may proceed with
the recommended expulsion or suspension that constitutes a
change in placement.
5. During any period of expulsion, or suspension of greater than ten
(10) days per school year, the Administration shall provide the
student with an alternative education program in accordance with
the provisions of the IDEA.
6. When determining whether to recommend an expulsion or a
suspension that constitutes a change in placement the responsible
administrator (or designee) should consider the nature of the
misconduct and any relevant educational records of the student.
C. Removal of Special Education Students for Certain Offenses:
1. A responsible administrator may remove a student eligible for
special education under the IDEA to an appropriate interim
alternative educational setting for not more than forty-five (45)
school days if the student:
a. Was in possession of a dangerous weapon, as defined in 18
U.S.C. 930(g)(2), as amended from time to time, on school
grounds, on school transportation, or at a school-sponsored
activity, or
b. Knowingly possessed or used illegal drugs or sold or
solicited the sale of a controlled substance while at school,
on school transportation, or at a school-sponsored activity;
or
c. Has inflicted serious bodily injury upon another person
while at school, on school premises, on school
transportation, or at a school function.
2. The following definitions shall be used for this subsection XII.C.:
a. Dangerous weapon means a weapon, device, instrument,
material, or substance, animate or inanimate, that is used
for, or is readily capable of, causing death or serious bodily
injury, except that such term does not include a pocket
knife with a blade of less than 2.5 inches in length.
b. Controlled substance means a drug or other substance
identified under schedules I, II, III, IV, or V in section
202(c) of the Controlled Substances Act, 21 U.S.C. 812(c).
c. Illegal drug means a controlled substance but does not
include a substance that is legally possessed or used under
the supervision of a licensed health-care professional or
that is legally possessed or used under any other authority
under the Controlled Substances Act or under any other
provision of federal law.
d. Serious bodily injury means a bodily injury which
involves: (A) a substantial risk of death; (B) extreme
physical pain; (C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty.

XIII. Procedures Governing Expulsions for Students Identified as Eligible under
Section 504 of the Rehabilitation Act of 1973 (“Section 504”)
A. Except as provided in subsection B below, notwithstanding any provision
to the contrary, if the Administration recommends for expulsion a student
identified as eligible for educational accommodations under Section 504
who has violated any rule or code of conduct of the District that applies to
all students, the following procedures shall apply:
1. The parents of the student must be notified of the decision to
recommend the student for expulsion.
2. The District shall immediately convene the student’s Section 504
team (“504 team”) for the purpose of reviewing the relationship
between the student’s disability and the behavior that led to the
recommendation for expulsion. The 504 team will determine
whether the student’s behavior was a manifestation of the student’s
disability.
3. If the 504 team finds that the behavior was a manifestation of the
student’s disability, the Administration shall not proceed with the
recommended expulsion.
4. If the 504 team finds that the behavior was not a manifestation of
the student's disability, the Administration may proceed with the
recommended expulsion.
B. The Board may take disciplinary action for violations pertaining to the use
or possession of illegal drugs or alcohol against any student with a
disability who currently is engaging in the illegal use of drugs or alcohol
to the same extent that such disciplinary action is taken against
nondisabled students. Thus, when a student with a disability is
recommended for expulsion based solely on the illegal use or possession
of drugs or alcohol, the 504 team shall not be required to meet to review
the relationship between the student’s disability and the behavior that led
to the recommendation for expulsion.

XIV. Procedures Governing Expulsions for Students Placed in a Juvenile Detention
Center
A. Any student who commits an expellable offense and is subsequently
placed in a juvenile detention center or any other residential placement for
such offense may be expelled by the Board in accordance with the
provisions of this section. The period of expulsion shall run concurrently
with the period of placement in a juvenile detention center or other
residential placement.
B. If a student who committed an expellable offense seeks to return to the
District after participating in a diversionary program or having been
placed in a juvenile detention center or any other residential placement
and such student has not been expelled by the Board for such offense
under subdivision (A) of this subsection, the Board shall allow such
student to return and may not expel the student for additional time for such
offense.

XV. Early Readmission to School
An expelled student may apply for early readmission to school. The Board
delegates the authority to make decisions on readmission requests to the
Superintendent. Students desiring readmission to school shall direct such
readmission requests to the Superintendent. The Superintendent has the
discretion to approve or deny such readmission requests, and may condition
readmission on specified criteria.

XVI. Dissemination of Policy
The District shall, at the beginning of each school year and at such other times as
it may deem appropriate, provide for an effective means of informing all students,
parent(s) and/or guardian(s) of this policy.

XVII. Compliance with Documentation and Reporting Requirements
A. The District shall include on all disciplinary reports the individual
student’s state-assigned student identifier (SASID).
B. The District shall report all suspensions and expulsions to the State
Department of Education.
C. If the Board expels a student for sale or distribution of a controlled
substance, as defined in Conn. Gen. Stat. § 21a-240(9), whose
manufacture, distribution, sale, prescription, dispensing, transporting or
possessing with the intent to sell or dispense, offering, or administration is
the subject to criminal penalties under Conn. Gen. Stat. §§ 21a-277 and
21a-278, the District shall refer such student to an appropriate state or
local agency for rehabilitation, intervention or job training and inform the
agency of its action.
D. If the Board expels a student for possession of a firearm, as defined in 18
U.S.C. § 921, or deadly weapon, dangerous instrument or martial arts
weapon, as defined in Conn. Gen. Stat. § 53a-3, the District shall report
the violation to the local police.
Legal References:
Connecticut General Statutes:
§ 10-16 Length of school year
§ 10-74j Alternative education
§§ 4-176e through 4-180a and § 4-181a Uniform Administrative
Procedures Act
§ 10-222d Safe school climate plans. Definitions. Safe school climate
assessments
§§ 10-233a through 10-233f Suspension and expulsion of students
§ 10-233l Expulsion and suspension of children in preschool
programs
§ 10-253 School privileges for children in certain placements,
nonresident children, children in temporary shelters,
homeless children and children in juvenile detention
facilities. Liaison to facilitate transitions between school
districts and juvenile and criminal justice systems.
§ 19a-342a Use of electronic nicotine delivery system or vapor product
prohibited. Exceptions. Signage required. Penalties
§ 21a-240 Definitions
§ 21a-277 Penalty for illegal manufacture, distribution, sale,
prescription, dispensing
§ 21a-278 Penalty for illegal manufacture, distribution, sale,
prescription, or administration by non-drug-dependent
person
§§ 21a-408a through 408p Palliative Use of Marijuana
§ 29-35 Carrying of pistol or revolver without permit prohibited.
Exceptions
§ 29-38 Weapons in vehicles
§ 53a-3 Definitions
§ 53-206 Carrying of dangerous weapons prohibited
§ 53-344 Sale or delivery of cigarettes or tobacco products to
persons under twenty-one.
§ 53-344b Sale and delivery of electronic nicotine delivery system or
vapor products to persons under twenty-one years or age
Public Act No. 21-46, “An Act Concerning Social Equity and the Health,
Safety and Education of Children.”
Packer v. Board of Educ. of the Town of Thomaston, 717 A.2d 117 (Conn. 1998).
State v. Hardy, 896 A.2d 755 (Conn. 2006).
State v. Guzman, 955 A.2d 72 (Conn. App. Ct. 2008).
Connecticut State Department of Education, Standards for Educational
Opportunities for Students Who Have Been Expelled, adopted January 3,
2018.
Federal law:
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., as
amended by the Individuals with Disabilities Education Improvement Act
of 2004, Pub. L. 108-446.
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a).
18 U.S.C. § 921 (definition of “firearm”)
18 U.S.C. § 930(g)(2) (definition of “dangerous weapon”)
18 U.S.C. § 1365(h)(3) (identifying “serious bodily injury”)
21 U.S.C. § 812(c) (identifying “controlled substances”)
34 C.F.R. § 300.530 (defining “illegal drugs”)
Gun-Free Schools Act, 20 U.S.C. § 7961
Honig v. Doe, 484 U.S. 305 (1988)

ADOPTED:    December 6, 1994

Amended:       September 5, 1995

Amended:       February 24, 1997

Amended:       October 21, 1997

Amended:       January 5, 1998

Amended:       January 5, 1999

Amended:       June 6, 2000

Amended:       March 4, 2003

Amended:       February 17, 2004

Amended:       November 17, 2009

Amended:       April 28, 2015

Amended:       November 17, 2015

Amended:       November 21, 2017

Amended:       December 18, 2018

Amended:       September 1, 2020

Amended:       April 20, 2021

Amended:       November 15, 2022

Amended:       November 20, 2023

Only those students issued a current school bus pass will be transported to and from school. Failure to produce the bus pass, upon request of the bus driver, will result in denial of transportation to or from school.

A copy of the Code of Behavior for Bus Students will be furnished to each student entitled to bus transportation at the beginning of each school year. A copy of the “Code” will be furnished by the school in which the pupil is enrolled. Each student and his parent or guardian will submit written acknowledgment of receipt of the Code of Behavior.

Pupils who violate the Code of Behavior will be referred to their school principal for appropriate disciplinary action.

Pupils who persist in disruptive or destructive behavior will be denied transportation.

CODE OF BEHAVIOR FOR BUS STUDENTS

The main goal of the transportation program is to provide transportation with maximum safety for all pupils who are eligible under School Board Policy and state statutes. It is hoped that everyone will attach a great deal of importance to this goal and that full cooperation and courtesy will be maintained among the home, the school and the driver.

Pupils should consider the use of school buses a privilege which must not be abused. Students should observe the following rules and regulations of conduct and safety:

BEHAVIOR WHILE WAITING TO BOARD THE BUS

On the way to school, children will:

1. be at the stop on time;
2. wait for the bus on the sidewalk or on the shoulder of the highway but not on the paved roadway;
3. respect private property;
4. not throw articles at passing vehicles;
5. conduct themselves as ladies and gentlemen at all times;
6. wait for the bus to come to a full stop before attempting to board it;
7. wait their turn and avoid crowding so as not to disturb others or cause accidents; and
8. keep bus passes available at all times.

On leaving school, students should follow the directions of the school administration and teachers.

BEHAVIOR WHILE ABOARD THE BUS RIDING TO OR FROM SCHOOL

When riding in the bus, pupils will:

1. be seated as soon as possible;
2. follow the directions of the bus driver and/or teacher who is in full charge of the bus and all pupils riding therein;
3. remain in their seats while the bus is in motion;
4. keep the aisles clear;
5. observe the usual rules of good conduct and courtesy to fellow students and to the bus driver;
6. converse quietly and avoid shouting and profanity;
7. not offend pedestrians or passengers in other vehicles by shouting out windows or making obscene gestures;
8. not throw objects in or out of the bus;
9. keep windows closed unless driver grants permission to open them;
10. keep arms, legs and head within the bus if the windows are open;
11.  help keep the bus clean and sanitary by refraining from eating, drinking or smoking;
12. not destroy or damage seats and equipment;
13. not use the rear door of the bus except in an emergency when the bus has completely stopped; the signal in an emergency for use of the rear door must be given by the driver unless he has been incapacitated by an accident.

BEHAVIOR WHEN LEAVING THE BUS

On arrival at school, pupils will:

1. remain seated until the bus has fully stopped;
2. leave the bus in a single file starting from the front door and walk in an orderly manner to school designated areas; and
3. get clear of the bus immediately.

On arrival at home bus stops, pupils will:

1. remain seated until the bus has fully stopped;
2. leave the bus in an orderly manner;
3. when it is not necessary to cross the highway, stand aside on the shoulder of the road, or on the sidewalk, until the bus has moved on, then when they can see traffic in both directions, walk on the shoulder of the road (or the sidewalk) to their homes;
4. when across the highway from home, stand on the shoulder of the road 10 to 14 feet in front of the bus until the driver signals that it is safe to cross; do so in front of the bus; and
5. walk in a single file on the left shoulder of the road facing traffic, if there is no sidewalk.

PUPILS WHO FAIL TO OBSERVE THE ABOVE RULES AND REGULATIONS WILL, AFTER NOTIFICATION BY SCHOOL ADMINISTRATION, BE DENIED TRANSPORTATION.

In general, no student shall receive messages or visitors during school hours.

School Sponsored or Approved Events 5130.6

Conduct at events sponsored or approved by a District school or organizations authorized by such school shall be subject to the Board’s policies regarding student conduct and discipline.  Students found in violation of a published Board policy shall be referred to their school principal for appropriate disciplinary action, up to and including expulsion.

All school-sponsored or approved events shall be appropriately chaperoned by faculty and other personnel approved by a school’s administration in accordance with regulations established by the school.

Cross Reference:

Policy 6124 (Student Organizations)
Policy 5130 (Standards of Conduct)

Legal References:

Connecticut General Statutes, Section 10-221

Connecticut General Statutes, Section 10-233c

Connecticut General Statutes, Section 10-233d

Approved April 28, 1981

Amended November 21, 2017

 
Previous Policy Number: HF3.3

The Meriden Board of Education is committed to creating and maintaining an educational environment that is physically, emotionally and intellectually safe and thus free from bullying, harassment and discrimination.  In accordance with state law and the Board’s Safe School Climate Plan, the Board expressly prohibits any form of bullying behavior on 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 local or regional board of education; or through the use of an electronic device or an electronic mobile device owned, leased or used by Board of Education.

The Board also prohibits any form of bullying behavior outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school.  Discrimination and/or retaliation against an individual who reports or assists in the investigation of an act of bullying is likewise prohibited.

Students who engage in bullying behavior shall be subject to school discipline, up to and including expulsion, in accordance with the Board's policies on student discipline, suspension and expulsion, and consistent with state and federal law. 

For purposes of this policy, “Bullying” means the repeated use by one or more students of a written, verbal or electronic communication, such as cyberbullying, directed at or referring to another student attending school in the same school district, or a physical act or gesture by one or more students repeatedly directed at another student attending school in the same school district, that:

1)         causes physical or emotional harm to such student or damage to such student’s property;

2)         places such student in reasonable fear of harm to himself or herself, or of damage to his or her property;

3)         creates a hostile environment at school for such student;

4)         infringes on the rights of such student at school; or

5)         substantially disrupts the education process or the orderly operation of a school.

Bullying shall include, but not be limited to, a written, verbal or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

For purposes of this policy, "Cyberbullying" means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

Consistent with the requirements under state law, the Meriden Board of Education authorizes the Superintendent or his/her designee(s), along with the Safe School Climate Coordinator, to be responsible for developing and implementing a Safe School Climate Plan in furtherance of this policy.  As provided by state law, such Safe School Climate Plan shall include, but not be limited to provisions which: 

 (1)       enable students to anonymously report acts of bullying to school employees and require students and the parents or guardians of students             to be notified annually of the process by which students may make such reports;

 (2)       enable the parents or guardians of students to file written reports of suspected bullying;

 (3)       require school employees who witness acts of bullying or receive reports of bullying to orally notify the safe school climate specialist, or another school administrator if the safe school climate specialist is unavailable, not later than one school day after such school employee witnesses or receives a report of bullying, and to file a written report not later than two school days after making such oral report;

 (4)       require the safe school climate specialist to investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports made under this section;

 (5)       require the safe school climate specialist to review any anonymous reports, except that no disciplinary action shall be taken solely on the basis of an anonymous report;

 (6)       include a prevention and intervention strategy for school employees to deal with bullying;

  7)       provide for the inclusion of language in student codes of conduct concerning bullying;

 (8)       require each school to notify the parents or guardians of students who commit any verified acts of bullying and the parents or guardians of   students against whom such acts were directed not later than forty-eight hours after the completion of the investigation;

 (9)       require each school to invite the parents or guardians of a student who commits any verified act of bullying and the parents or guardians of the student against whom such act was directed to a meeting to communicate to such parents or guardians the measures being taken by the school to    ensure the safety of the student against whom such act was directed and to prevent further acts of bullying;

 (10)     establish a procedure for each school to document and maintain records relating to reports and investigations of bullying in such school and to        maintain a list of the number of verified acts of bullying in such school and make such list available for public inspection, and annually report such            number to the Department of Education and in such manner as prescribed by the Commissioner of Education;

 (11)     direct the development of case-by-case interventions for addressing repeated incidents of bullying against a single individual or recurrently     perpetrated bullying incidents by the same individual that may include both counseling and discipline;

 (12)     prohibit discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying;

 (13)     direct the development of student safety support plans for students against whom an act of bullying was directed that address safety             measures the school will take to protect such students against further acts of bullying;

 (14)     require the principal of a school, or the principal's designee, to notify the appropriate local law enforcement agency when such principal, or the       principal's designee, believes that any acts of bullying constitute criminal conduct;

 (15)     prohibit bullying (A) on 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 local or regional board of education, or through the setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying was directed at school, or  (iii) substantially disrupts the education process or the orderly operation of a school;

 (16)     require, at the beginning of each school year, each school to provide all school employees with a written or electronic copy of the school district's      safe school climate plan; and

 (17)     require that all school employees annually complete the training described in Conn. Gen. Stat. §10-220a.

The notification required pursuant to subdivision (8) (above) and the invitation required pursuant to subdivision (9) (above) shall include a description of the response of school employees to such acts and any consequences that may result from the commission of further acts of bullying.  Any information provided under this policy or accompanying Safe School Climate Plan shall be provided in accordance with the confidentiality restrictions imposed under the Family Educational Rights Privacy Act ("FERPA") and the district's Confidentiality and Access to Student Information policy and regulations. 

Not later than January 1, 2012, the Meriden Board of Education shall approve the Safe School Climate Plan developed pursuant to this policy and submit such plan to the Department of Education. Not later than thirty (30) calendar days after approval by the Board, the Board shall make such plan available on the Board's and each individual school in the school district's web site and ensure that the Safe School Climate Plan is included in the school district's publication of the rules, procedures and standards of conduct for schools and in all student handbooks.

Legal References:

Public Act 11-232, An Act Concerning the Strengthening of School Bullying
Conn. Gen. Stat. 10-145a
Conn. Gen. Stat. 10-145o
Conn. Gen. Stat. 10-220a

Conn. Gen. Stat. 10-222d

Conn. Gen. Stat. 10-222g

Conn. Gen. Stat. 10-222h

Conn. Gen. Stat. Sections 10-233a through 10-233f

Approved 9/17/2002
Amended 12/5/2006
Amended 9/1/2009

Amended 11/15/2011 

View / download REPORT OF SUSPECTED BULLYING BEHAVIORS form (printable PDF)

View / download INVESTIGATION SUMMARY form (printable PDF)

View / download CONSENT TO RELEASE STUDENT INFORMATION form (printable PDF)

ILLNESS AND EMERGENCIES RESULTING FROM ALCOHOL/ILLICIT DRUG USE

1. Whenever a pupil is acting irrationally or appears to be in a state induced by the use of alcohol/illicit drugs or other foreign agents that student should be referred to the school nurse as in the case of any other illness.
2. If a student’s condition or behavior creates an emergency situation which may be due to alcohol/illicit drug activities, the actions toward the student should be channeled through the school’s health services under the direction of the principal. The specific roles for professional staff to fulfill in such an emergency are detailed below:

Teacher Immediately notify the principal who should call upon the school health services, giving all pertinent information. Be prepared to discuss facts and impressions - carefully distinguishing between the two - with health personnel and school officials at a later time. Keep a written record of the incident.

School Nurse Advise the school principal of the nature of the emergency situation. If alcohol/drug use is suspected, advise the principal so that appropriate medical assistance can be sought, either from the school medical advisor or the family physician. Keep appropriate records.

School Physician Treat for any medical emergency. Attempt to determine whether alcohol/drug use is an isolated instance or part of a pattern, whether the matter is a behavior or a health problem. Report circumstances to the nurse and school principal. If controlled or narcotic drugs are involved, follow the reporting procedures required by statute.

School Principal Be sure parents are immediately notified of circumstances. The Superintendent is to be alerted and kept fully informed. Arrange for whatever conferences may be needed. Be sure all legal and administrative responsibilities have been met. Maintain necessary records.

SOLICITED ASSISTANCE BY STUDENTS WHO MAY BE USERS OF ALCOHOL/ILLICIT DRUGS

1. Whenever a student voluntarily tells a confidant on the school staff of an alcohol/drug problem, the trust should be maintained.
2. The confidant should make every effort to direct the student to the kind of help needed.
3. School personnel, including the nurse, social worker or counselor, must be prepared to refer a student or a confidant to appropriate local resources.
4. Records should not be kept.

DISCOVERY OF A STUDENT IN POSSESSION OF ALCOHOL/ILLICIT DRUGS

1. Whenever a student is discovered to be in possession of a controlled or narcotic drug or alcohol, that student should be immediately referred to the school principal. The principal should take possession of the alcohol/drug and issue a receipt for it to the owner.
2. Using due process, the principal should attempt to determine whether the alcohol/drugs were for personal use or distribution (by any means, including sale or gift).
3. The parents are to be notified as quickly as possible of the circumstances. Administrative action may be taken against the student if deemed appropriate.
4. The principal will refer the matter to the local police officials who can assist in identifying the proper steps to be taken. If the alcohol/controlled drug is released to the police or another authority, a receipt acknowledging this release should be obtained.
5. The principal will keep the Superintendent fully informed.

The Board is committed to creating and maintaining a physically, emotionally, and intellectually safe educational environment free from bullying, harassment and discrimination.  In order to foster an atmosphere conducive to learning, the Board has developed the following Safe School Climate Plan, consistent with state law and Board Policy.  This Plan represents a comprehensive approach to addressing bullying and cyberbullying and sets forth the Board’s expectations for creating a positive school climate and thus preventing, intervening, and responding to incidents of bullying. 

Bullying behavior is strictly prohibited, and students who are determined to have engaged in such behavior are subject to disciplinary action, which may include suspension or expulsion from school.  The district’s commitment to addressing bullying behavior, however, involves a multi-faceted approach, which includes education and the promotion of a positive school climate in which bullying will not be tolerated by students or school staff.

I.          Prohibition Against Bullying and Retaliation

A.        The Board expressly prohibits any form of bullying behavior on 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 local or regional board of education; or through the use of an electronic device or an electronic mobile device owned, leased or used by Board of Education.

B.        The Board also prohibits any form of bullying behavior outside of the school setting if such bullying (i) creates a hostile environment at school for the student against whom such bullying was directed, (ii) infringes on the rights of the student against whom such bullying was directed at school, or (iii) substantially disrupts the education process or the orderly operation of a school;

C.        In addition to prohibiting student acts which constitute bullying, the Board also prohibits discrimination and/or retaliation against an individual who reports or assists in the investigation of an act of bullying.

D.        Students who engage in bullying behavior in violation of Board Policy and the Safe School Climate Plan shall be subject to school discipline, up to and including expulsion, in accordance with the Board's policies on student discipline, suspension and expulsion, and consistent with state and federal law. 

II.         Definition of Bullying

 A.        “Bullying” means the repeated use by one or more students of a written, verbal or electronic communication, such as cyberbullying, or a physical act or gesture directed at another student attending school in the same district that:

             1.         causes physical or emotional harm to such student or damage to such student’s property;

             2.         places such student in reasonable fear of harm to himself or herself, or of damage to his or her property;

             3.         creates a hostile environment at school for such student;

             4.         infringes on the rights of such student at school; or

             5.         substantially disrupts the education process or the orderly operation of a school.

 B.        Bullying shall include, but not be limited to, a written, verbal or electronic communication or physical act or gesture based on any actual or perceived differentiating characteristics, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, socioeconomic status, academic status, physical appearance, or mental, physical, developmental or sensory disability, or by association with an individual or group who has or is perceived to have one or more of such characteristics.

III.        Other Definitions

 A.        "Cyberbullying" means any act of bullying through the use of the Internet, interactive and digital technologies, cellular mobile telephone or other mobile electronic devices or any electronic communications.

B.        "Electronic communication" means 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, photoelectronic or photo-optical system;

 C.        "Hostile environment" means a situation in which bullying among students is sufficiently severe or pervasive to alter the conditions of the school climate;

 D.        "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more individuals, including, but not limited to, a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital images are taken or transmitted;

 E.        "Outside of the school setting" means at a location, activity or program that is not school related, or through the use of an electronic device or a mobile electronic device that is not owned, leased or used by a local or regional board of education;

 F.         "Prevention and intervention strategy" may include, but is not limited to, (1) implementation of a positive behavioral interventions and supports process or another evidence-based model approach for safe school climate or for the prevention of bullying identified by the Department of Education, (2) school rules prohibiting bullying, harassment and intimidation and establishing appropriate consequences for those who engage in such acts, (3) adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying is likely to occur, (4) inclusion of grade-appropriate bullying education and prevention curricula in kindergarten through high school, (5) individual interventions with the bully,parents and school employees, and interventions with the bullied child, parents and school employees, (6) school-wide training related to safe school climate, (7) student peer training, education and support, and (8) promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings and individual interventions.

G.        "School climate" means the quality and character of school life with a particular focus on the quality of the relationships within the school community between and among students and adults.

 H.        "School employee" means (1) a teacher, substitute teacher,school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or working in a public elementary, middle or high school; or (2) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education.

 I.         “School-Sponsored Activity” shall mean any activity conducted on or  off school property (including school buses and other school-related        vehicles) that is sponsored, recognized or authorized by the Board of Education.

 IV.       Leadership and Administrative Responsibilities

 A.        Safe School Climate Coordinator

 For the school year commencing July 1, 2012, and each school year thereafter, the Superintendent shall appoint, from existing school district staff, a District Safe School Climate Coordinator (“Coordinator”).  The Coordinator shall:

                         1.         be responsible for implementing the district’s Safe School Climate Plan (“Plan”);

                         2.         collaborate with Safe School Climate Specialists, the Board, and the Superintendent to prevent, identify and respond to bullying  in district schools;

                         3.         provide data and information, in collaboration with the Superintendent, to the Department of Education regarding bullying;

                         4.         meet with Safe School Climate Specialists at least twice during the school year to discuss issues relating to bullying the school    district and to make recommendations concerning amendments to the district’s Plan.

 B.        Safe School Climate Specialist

For the school year commencing July 1, 2012, and each school year thereafter, the principal of each school (or principal’s designee) shall serve as the Safe School Climate Specialist.  The Safe School Climate Specialist shall investigate or supervise the investigation of reported acts of bullying and act as the primary school official responsible for preventing, identifying and responding to reports of bullying in the school.

V.        Development and Review of Safe School Climate Plan

A.        For the school year commencing July 1, 2012 and each school year thereafter, the Principal of each school shall establish a committee or designate at least one existing committee (“Committee”) in the school to be responsible for developing and fostering a safe school climate and addressing issues relating to bullying in the school.  Such committee shall include at least one parent/guardian of a student enrolled in the school, as appointed by the school principal.

B.        The Committee shall:  1) receive copies of completed reports following bullying investigations; 2) identify and address patterns of bullying among students in the school; 3) review and amend school policies relating to bullying; 4) review and make recommendations to the Coordinator regarding the Safe School Climate Plan based on issues and experiences specific to the school; 5) educate students, school employees and parents/guardians on issues relating to bullying; 6) collaborate with the Coordinator in the collection of data regarding bullying; and 7) perform any other duties as determined by the Principal that are related to the prevention, identification and response to school bullying.

C.        Any parent/guardian serving as a member of the Committee shall not participate in any activities which may compromise the confidentiality of any student, including, but not limited to receiving copies of investigation reports, or identifying or addressing patterns of bullying among students in the school. 

D.        Not later than January 1, 2012, the Board of Education shall approve the Safe School Climate Plan developed pursuant to Board policy and submit such plan to the Department of Education. Not later than thirty (30) calendar days after approval by the Board, the Board shall make such plan available on the Board's and each individual school in the school district's web site and ensure that the Safe School Climate Plan is included in the school district's publication of the rules, procedures and standards of conduct for schools and in all student handbooks.

VI.       Procedures for Reporting and Investigating Complaints of Bullying

A.        Students and parents (or guardians of students) may file written reports of bullying.  Written reports of bullying shall be reasonably specific as to the basis for the report, including the time and place of the alleged conduct, the number of incidents, the target of the suspected bullying, and the names of potential witnesses.  Such reports may be filed with any building administrator and/or the Safe School Climate Specialist (i.e. building principal), and all reports shall be forwarded to the Safe School Climate Specialist for review and actions consistent with this Plan.

B.        Students may make anonymous reports of bullying to any school employee.  Students may also request anonymity when making a report, even if the student’s identity is known to the school employee.  In cases where a student requests anonymity, the Safe School Climate Specialist or his/her designee shall meet with the student (if the student’s identity is known) to review the request for anonymity and discuss the impact that maintaining the anonymity of the complainant may have on the investigation and on any possible remedial action.  All anonymous complaints shall be reviewed and reasonable action will be taken to address the situation, to the extent such action may be taken that does not disclose the source of the complaint, and is consistent with the due process rights of the student(s) alleged to have committed acts of bullying.  No disciplinary action shall be taken solely on the basis of an anonymous complaint.

C.        School employees who witness acts of bullying or receive reports of bullying shall orally notify the Safe School Climate Specialist or another school administrator if the Safe School Climate Specialist is unavailable, not later than one (1) school day after such school employee witnesses or receives a report of bullying.  The school employee shall then file a written report not later than two (2) school days after making such oral report.

D.        The Safe School Specialist shall be responsible for reviewing any anonymous reports of bullying and shall investigate or supervise the investigation of all reports of bullying and ensure that such investigation is completed promptly after receipt of any written reports.  In order to allow the district to adequately investigate complaints filed by a student or parent/guardian, the parent of the student suspected of being bullied should be asked to provide consent to permit the release of that student’s name in connection with the investigation process, unless the student and/or parent has requested anonymity.

E.        In investigating reports of bullying, the Safe School Climate Specialist or designee will consider all available information known, including the nature of the allegations and the ages of the students involved.  The Safe School Climate Specialist will interview witnesses, as necessary, reminding the alleged perpetrator and other parties that retaliation is strictly prohibited and will result in disciplinary action.

 VII.      Responding to Verified Acts of Bullying

A.        Following investigation, if acts of bullying are verified, the Safe School Climate Specialist or designee shall notify the parents or guardians of the students against whom such acts were directed as well as the parents or guardians of the students who commit such acts of bullying of the finding not later than forty-eight hours after the investigation is completed.  This notification shall include a description of the school’s response to the acts of bullying.  In providing such notification, however, care must be taken to respect the statutory privacy rights of other students, including the perpetrator of such bullying.  The specific disciplinary consequences imposed on the perpetrator, or personally identifiable information about a student other than the parent/guardian’s own child, may not be disclosed except as provided by law.

B.        In any instance in which bullying is verified, the Safe School Climate Specialist or designee shall also invite the parents or guardians of the student who commits any verified act of bullying and the parents or guardian of the student against whom such act was directed to a meeting to communicate the measures being taken by the school to ensure the safety of the student/victim and to prevent further acts of bullying.  The invitation may be made simultaneous with the notification described above in Section VII.A., as it must include a description of the school’s response to such acts, along with consequences, as appropriate.  Normally, separate meetings shall be held with the respective parents; however, at the discretion of the Safe School Climate Specialist and with written consent of the parents/guardians involved, the meeting(s) may be held jointly.

C.        If bullying is verified, the Safe School Climate Specialist or designee shall develop a student safety support plan for any student against whom an act of bullying was directed.  Such support plan will include safety measures to protect against further acts of bullying.

D.        A specific written intervention plan shall be developed to address repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual.  The written intervention plan may include counseling, discipline and other appropriate remedial actions as determined by the Safe School Climate Specialist or designee, and may also incorporate a student safety support plan, as appropriate.

E.        Notice to Law Enforcement

If the Principal of a school (or his/her designee) reasonably believes that any act of bullying constitutes a criminal offense, he/she shall notify appropriate law enforcement.  Notice shall be consistent with the Board’s obligations under state and federal law and Board policy regarding the disclosure of personally identifiable student information.  In making this determination, the Principal or his/her designee, may consult with the school resource office, if any, and other individuals the principal or designee deems appropriate. 

F.         If a bullying complaint raises concern about discrimination or harassment on the basis of a legally protected classifications (such as race, religion, color, national origin, sex, sexual orientation, age or disability), the Safe School Climate Specialist or designee shall also coordinate any investigation with other appropriate personnel within the district as appropriate (e.g. Title IX Coordinator, Section 504 Coordinator etc.)

VIII.     Documentation and Maintenance of Log

A.        Each school shall maintain written complaints of bullying, along with supporting documentation received and/or created as a result of bullying investigations, consistent with the Board’s obligations under state and federal law.  Any educational record containing personally identifiable student information pertaining to an individual student shall be maintained in a confidential manner, and shall not be disclosed to third parties without written prior written consent of a parent, guardian or eligible student, except as permitted under Board policy and state and federal law. 

B.        The Principal of each school shall maintain a list of the number of verified acts of bullying in the school and this list shall be available for public inspection upon request.  Consistent with district obligations under state and federal law regarding student privacy, the log shall not contain any personally identifiable student information, or any information that alone or in combination would allow a reasonable person in the school community to identify the students involved.  Accordingly, the log should be limited to basic information such as the number of verified acts, name of school and/or grade level and relevant date.  Given that any determination of bullying involves repeated acts, each investigation that results in a verified act of bullying for that school year shall be tallied as one verified act of bullying unless the specific actions that are the subject of each report involve separate and distinct acts of bullying.  The list shall be limited to the number of verified acts of bullying in each school and shall not set out the particulars of each verified act, including, but not limited to any personally identifiable student information, which is confidential information by law.

C.        The Principal of each school shall report the number of verified acts of bullying in the school annually to the Department of Education in such      manner as prescribed by the Commissioner of Education.

IX.       Other Prevention and Intervention Strategies

A.        Bullying behavior can take many forms and can vary dramatically in the nature of the offense and the impact the behavior may have on the victim and other students.  Accordingly, there is no one prescribed response to verified acts of bullying.  While conduct that rises to the level of “bullying”, as defined above, will generally warrant traditional disciplinary action against the perpetrator of such bullying, whether and to what extent to impose disciplinary action (e.g., detention, in-school suspension, suspension or expulsion) is a matter for the professional discretion of the building principal (or responsible program administrator or his/her designee).  No disciplinary action may be taken solely on the basis of an anonymous complaint.  As discussed below, schools may also consider appropriate alternative to traditional disciplinary sanctions, including age-appropriate consequences and other restorative or remedial interventions. 

B.        A specific written intervention plan shall be developed to address repeated incidents of bullying against a single individual or recurrently perpetrated bullying incidents by the same individual. This plan may include safety provisions, as described above, for students against whom acts of bullying have been verified and may include other interventions such as counseling, discipline, and other appropriate remedial or restorative actions as determined by the responsible administrator.

C.        The following sets forth possible interventions which may also be utilized to enforce the Board’s prohibition against bullying:

i.          Non-disciplinary interventions

When verified acts of bullying are identified early and/or when such verified acts of bullying do not reasonably require a disciplinary response, students may be counseled as to the definition of bullying, its prohibition, and their duty to avoid any conduct that could be considered bullying.  Students may also be subject to other forms of restorative discipline or remedial actions, appropriate to the age of the students and nature of the behavior.

If a complaint arises out of conflict between students or groups of students, peer or other forms of mediation may be considered.  Special care, however, is warranted in referring such cases to peer mediation.  A power imbalance may make the process intimidating for the victim and therefore inappropriate.  In such cases, the victim should be given additional support.  Alternatively, peer mediation may be deemed inappropriate to address the concern.

ii.         Disciplinary interventions

When acts of bullying are verified and a disciplinary response is warranted, students are subject to the full range of disciplinary consequences.  Anonymous complaints, however, shall not be the basis for disciplinary action.

In-school suspension and suspension may be imposed only after informing the accused perpetrator of the reasons for the proposed suspension and giving him/her an opportunity to explain the situation, in accordance with the Board’s Student Discipline policy. 

Expulsion may be imposed only after a hearing before the Board of Education, a committee of the Board or an impartial hearing officer designated by the Board of Education in accordance with the Board’s Student Discipline policy.  This consequence shall normally be reserved for serious incidents of bullying and/or when past interventions have not been successful in eliminating bullying behavior. 

iii.        Interventions for bullied students

The building principal (or other responsible program administrator) or his/her designee shall intervene in order to address incidents of bullying against a single individual.  Intervention strategies for a bullied student may include the following:

a.  Counseling;

b.  Increased supervision and monitoring of student to observe and intervene in bullying situations;

c.  Encouragement of student to seek help when victimized or witnessing victimization;

d.  Peer mediation or other forms of mediation, where appropriate;

e.  Student Safety Support plan; and

f.   Restitution and/or restorative interventions.

iv.        General Prevention and Intervention Strategies

In addition to the prompt investigation of complaints of bullying and direct intervention when acts of bullying are verified, other district actions may ameliorate potential problems with bullying in school or at school-sponsored activities.  While no specific action is required, and school needs for specific prevention and intervention strategies may vary from time to time, the following list of potential prevention and intervention strategies shall serve as a resource for administrators, teachers and other professional employees in each school.  Such prevention and intervention strategies may include, but are not limited to:

a.         school rules prohibiting bullying, harassment and intimidation and establishing appropriate consequences for those who engage in such acts;

b.         Adequate adult supervision of outdoor areas, hallways, the lunchroom and other specific areas where bullying is likely to occur;

c.         Inclusion of grade-appropriate bullying education and prevention curricula in kindergarten through high school, which may include instruction regarding building safe and positive school communities including developing healthy relationships and preventing dating violence as deemed appropriate for older students;

d.         Individual interventions with the perpetrator, parents and school employees, and interventions with the bullied student, parents and school employees;

e.         School-wide training related to safe school climate, which training may include Title IX/Sexual harassment training, Section 504/ADA Training, cultural diversity/multicultural education or other training in federal and state civil rights legislation or other topics relevant to safe school climate;

f.          Student peer training, education and support; and

g.         Promotion of parent involvement in bullying prevention through individual or team participation in meetings, trainings and individual interventions;

h.         Implementation of a positive behavioral interventions and supports process or another evidence-based model approach for safe school climate or for the prevention of bullying, including any such program identified by the Department of Education;

i.          Respectful responses to bullying concerns raised by students, parents or staff;

j.          Planned professional development programs addressing prevention and intervention strategies, which training may include school violence prevention, conflict resolution and prevention of bullying, with a focus in evidence based practices concerning same;

k.         Use of peers to help ameliorate the plight of victims and include them in group activities;

l.          Avoidance of sex-role stereotyping;

m.        Continuing awareness and involvement on the part of school employees and parents with regards to prevention and intervention strategies;

n.         Modeling by teachers of positive, respectful, and supportive behavior toward students;

o.         Creating a school atmosphere of team spirit and collaboration that promotes appropriate social behavior by students in support of others;

p.         Employing classroom strategies that instruct students how to work together in a collaborative and supportive atmosphere.

D.        In addition to prevention and intervention strategies, administrators, teachers and other professional employees may find opportunities to educate students about bullying and help eliminate bullying behavior through class discussions, counseling, and reinforcement of socially-appropriate behavior.  Administrators, teachers and other professional employees should intervene promptly whenever they observe mean-spirited student conduct, even if such conduct does not meet the formal definition of “bullying.”

XI.       Annual Notice and Training

            A.        Students, and parents or guardians of students shall be notified annually of the process by which students may make reports of bullying.

            B.        The Board shall provide for the inclusion of language in student codes of conduct concerning bullying.

            C.        At the beginning of each school year, each school shall provide all school employees with a written or electronic copy of the school          district’s safe school climate plan and require that all school employees annually complete training on the identification, prevention and response to bullying as required by law.

 XII.      School Climate Assessments

On and after July 1, 2012, and biennially thereafter, the Board shall require each school in the district to complete an assessment using the school climate assessment instruments, including surveys, approved and disseminated by the Department of Education.  The Board shall collect the school climate assessments for each school in the district and submit such assessments to the Department.

Legal References:

Public Act 11-232, An Act Concerning the Strengthening of School Bullying Laws
Conn. Gen. Stat. Section 10-222d
Conn. Gen. Stat. Sections 10-233a through 10-233f
Conn. State Department of Education Circular Letter C-8
Series 2008-2009 (March 16, 2009)

Approved 12/5/2006
Amended 9/1/2009 
Amended 11/15/2011

policy Number:  5140

Period of Silent Meditation

Consistent with the mandate of state law, it is the policy of the Meriden Board of Education to provide an opportunity at the start of every school day for each student and each teacher to observe a time of silent meditation.

A period of silent meditation will be held at the opening of school in the morning.  This period of meditation is to be no less than thirty (30) seconds.  It is not the prerogative of the school system or of any school to determine or attempt to determine the subject of meditation.  Our purpose is to provide an opportunity for it to take place.

Legal Reference:

Connecticut General Statutes, Section 10-16a

Approved:   April 28, 1981

Amended:  August 19, 2014

Previous Policy Number: IC7

Each local or regional Board of Education shall require each child to have a health assessment prior to school enrollment. The assessment shall include:

• A complete physical examination, along with the mandated screenings/tests required under Connecticut state law. These include hematocrit or hemoglobin tests, height, weight and blood pressure;
• An updating of immunizations as required under Sections 10-204, 10-204a and PA 91-327;
• Vision, hearing, speech and gross dental screenings; and
• Such other information, including health and developmental history as appropriate.

New students entering the Meriden School System must have health assessments prior to the first day of entry into school. Such assessments must be conducted by a legally qualified health care practitioner and performed within one year of the first day of school attendance. Such students must also show proof of updated immunizations prior to entry into school. A student seeking to enroll without evidence of the required assessment shall not be enrolled unless exempted by statute or regulation.

Students entering 6th grade and 10th grade must have health assessments prior to the first day of entry into such grades. Health assessments must be conducted by a legally qualified health care practitioner and performed during the 5th grade and 9th grade year respectively and submitted by the first day of
school attendance in such grade. Such students must also show proof of updated immunizations prior to entry into school.

Health assessments are required annually for all students participating in interscholastic athletics. These health assessments must be conducted after May 1st of each calendar year.

Health assessments may be provided in the schools in conformance with administrative regulations and such examinations are made in the presence of the parent or guardian or in the presence of a school employee. The parent or guardian of such child shall receive prior written notice and shall have a reasonable opportunity to be present for such assessment or to provide for such assessment.

A report of the health assessment conducted by the health care provider must be submitted to the school on the required health assessment form and will be
included in the child’s cumulative health record.

An exemption is granted to a parent, guardian or emancipated minor who notifies in writing the school or other person in charge of the objection to a health assessment or immunizations on religious grounds.

Legal Reference:

Connecticut General Statutes, Sections 10-204, 10-204a, 10-206, 10-208 and PA 91-327

Public Act 07-58 An Act Concerning Health Assessments For Adolescents

Approved 4/28/1981
Amended 3/19/2002
Amended 2/26/2008 

1. Assessments

The Meriden Board of Education requires each student enrolled in the Meriden Public Schools to have health assessments as mandated by state law. The purpose of such health assessments shall be to ascertain whether a student has any physical disability tending to prevent him/her from receiving the full benefit of school work and to ascertain whether school work should be modified in order to prevent injury to the student or to secure a suitable program of education for him/her.  Such health assessments must be conducted by a legally qualified practitioner of medicine, an advanced practice registered nurse or registered nurse, who is licensed under state statute, a physician assistant, who is licensed under state statute, the school medical advisor, or a legally qualified practitioner of medicine, an advanced practice registered nurse or a physician assistant stationed at any military base.  The Board of Education will provide written prior notice of the health assessments required under these administrative regulations to the parent or guardian of each student subject to assessment.  The parent or guardian shall be provided a reasonable opportunity to be present during such assessment or he/she may provide for such assessment him/herself.  No health assessment shall be made of any public school student unless it is made in the presence of the parent or guardian or in the presence of another school employee. Any student who fails to obtain the health assessments required by these administrative regulations may be denied continued attendance in the Meriden Public Schools.

II. Assessments Required:

Prior to enrollment in the Meriden Public Schools, each student must undergo a health assessment, which shall include:

(a) a physical examination which includes hematocrit or hemoglobin tests, height, weight, blood pressure, and a chronic disease assessment which shall include; but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a of the Connecticut General Statutes.  The assessment form shall include (A) a check box for the provider conducting the assessment, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider;

(b) an updating of immunizations as required by state law;

(c) vision, hearing, speech and gross dental screenings;

(d) such other information, including health and developmental history, as the physician feels is necessary and appropriate.

The pre-enrolment assessment shall also include tests for tuberculosis, sickle cell anemia or Cooley’s anemia, and tests for lead levels in the blood if, after consultation with the school medical advisor and the local health department, the Board determines that such tests are necessary.  Such tests must be conducted by a registered nurse acting pursuant to the written order of a physician, or physician’s assistant, licensed under state law, or an advanced practice registered nurse, licensed under state law.

Each student enrolled in the Meriden Public Schools in grade six or seven and in grade nine or ten must undergo a health assessment, which shall include:

(a) a physical examination which includes hematocrit or hemoglobin tests, height, weight, blood pressure, and a chronic disease assessment which shall include; but not be limited to, asthma as defined by the Commissioner of Public Health pursuant to subsection (c) of section 19a-62a of the Connecticut General Statutes.  The assessment form shall include (A) a check box for the provider conducting the assessment, to indicate an asthma diagnosis, (B) screening questions relating to appropriate public health concerns to be answered by the parent or guardian, and (C) screening questions to be answered by such provider;

(b) an updating of immunizations as required by state law;

(c) vision, hearing, postural and gross dental screenings;

(d) such other information, including health and developmental history, as the physician feels is necessary and appropriate.

The grade six/seven and grade nine/ten assessments shall also include tests for tuberculosis, and sickle cell anemia or Cooley’s anemia, if, after consultation with the school medical advisor and the local health department, the Board determines that such tests are necessary.  Such tests must be conducted by a registered nurse acting pursuant to the written order of a physician, or physician’s assistant, licensed under state law, or of an advanced practice registered nurse, licensed under state law.

The Board of Education shall provide such assessments free of charge to students whose parents or guardians meet the eligibility requirements for free and reduced price meals under the National School Lunch Program or for free milk under the special milk program.

III. Screenings Required:

The Board of Education will provide annually to each student enrolled in kindergarten and grades one and three to five, inclusive, a vision screening using a Snellen chart or equivalent screening.  The Superintendent shall give written notice to the parent or guardian of each student (1) who is found to have any defect of vision or disease of the eyes, with a brief statement describing the defect or disease, and (2) who did not receive such vision screening, with a brief statement explaining why such pupil did not receive such vision screening.

The Board of Education will provide annually to each student enrolled in kindergarten and grades one and three through five, inclusive, audiometric screening for hearing. The Superintendent shall give written notice to the parent or guardian of each student (1) who is found to have any impairment or defect of hearing, with a brief statement describing the impairment or defect, and (2) who did not receive an audiometric screening for hearing, with a brief statement explaining why such student did not receive an audiometric screening for hearing.

The Board of Education will provide postural screenings for (1) each female student in grades five and seven, and (2) each male student in grade eight or nine.  The Superintendent shall give written notice to the parent or guardian of each student (A) who evidences any postural problem, with a brief statement describing such evidence, and (B) who did not receive a postural screening, with a brief statement explaining why such student did not receive such postural screening.

All of the screenings required under these administrative regulations will be performed in accordance with regulations applicable to such screenings as adopted by the State Board of Education.  

1. Assessment/Screening Results:

The results of each assessment and screening required by these administrative regulations shall be recorded on forms supplied by the State Board of Education.  Each physician, advanced practice registered nurse, registered nurse, or physician assistant performing health assessments under these administrative regulations shall sign each form and any recommendations concerning a student shall be in writing.  Assessment/screening forms shall be included in the cumulative health record of each student and they shall be kept on file in the school attended by the student.  If a student transfers to another school district in Connecticut, his/her original cumulative health record shall be sent to the chief administrative officer of the new school district and a true copy retained by the [       ] Board of Education.  For a student leaving Connecticut, a copy of the records, if requested, should be sent and the original maintained.  

Appropriate school health personnel shall review the results of each assessment and screening.  If the reviewing school health personnel judge that a student is in need of further testing or treatment, the Superintendent shall give written notice to the parent or guardian of such student and shall make reasonable efforts to ensure that such further testing or treatment is provided.  Reasonable efforts shall include determination of whether the parent or guardian has obtained the necessary testing or treatment for the student, and, if not, advising the parent or guardian how such testing or treatment may be obtained.  The results of such further testing or treatment shall be recorded, kept on file and reviewed by appropriate school health personnel in the same manner as the results of the health assessments and screenings required under these administrative regulations.

1. Exemption

Nothing in these administrative regulations shall be construed to require any student to undergo a physical or medical examination or treatment, or be compelled to receive medical instruction, if the parent or legal guardian of such student or the student, if he/she is an emancipated minor or is eighteen (18) years of age or older, notifies the teacher or principal or other person in charge of such student in writing that he/she objects on religious grounds to such physical or medical examination or treatment or medical instruction.

1. Other Non-Emergency Invasive Physical Examinations and Screenings:

1. In addition to the screenings listed above, the district may, from time to time, require students to undergo additional non-emergency, invasive physical examination(s)/screening(s).

1. A non-emergency, invasive physical examination or screening is defined as:

1. any medical examination that involves the exposure of private body parts; or

1. any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening; and

1. is required as a condition of attendance, administered by the school and scheduled by the school in advance; and

1. is not necessary to protect the immediate health and safety of the students.

(c) If the district elects to conduct any such examinations, then, at the beginning of the school year, the administration shall give direct notice to parents of affected students of the district's intent to conduct the non-emergency invasive physical examination(s) and/or screening(s) described in this subsection.  Such notice shall include the specific or approximate dates during the school year of the administration of such non-emergency invasive physical examination(s)/screening(s).

(d) Upon request, the administration shall permit parents or students over the age of eighteen (18) (or emancipated minors) to opt out of participation in the non-emergency invasive physical examination(s)/screening(s) described in this subparagraph.  

VII. School Representative to Receive Information Concerning Health Assessments:

The Board of Education designates [insert name of responsible staff member] as the representative for receipt of reports from health care providers concerning student health assessments.

Legal References:

Connecticut General Statutes

• 10-206 Health assessments
• 10-206a Free health assessments
• 10-208 Exemption from examination or treatment
• 10-214 Vision, audiometric and postural

screenings: When required; notification of parents re defects; record of results

Public Act 15-215, “An Act Concerning Various Revisions and Additions to the Education Statutes.”

Federal Law:

Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, Public Law 107-110, § 1061, codified at 20 U.S.C. § 1232h.

State of Connecticut Department of Education, Bureau of School, Family, Community Partnerships, Cumulative Health Records Guidelines (2003).

November 17, 2015

This policy can also be copied from the following link:

/uploads/REVISED_POLICY_5141_21_Administration_of_Medications.pdf

1. Definitions

Administration of medication means any one of the following activities: handling, storing, preparing or pouring of medication; conveying it to the student according to the medication order; observing the student inhale, apply, swallow, or self-inject the medication, when applicable; documenting that the medication was administered; and counting remaining doses to verify proper administration and use of the medication.

Authorized prescriber means a physician, dentist, optometrist, advanced practice registered nurse or physician assistant, and, for interscholastic and intramural athletic events only, a podiatrist. 

Before or after school program means any child care program operated and administered by the Meriden Board of Education (the “Board”) and exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of Section 19a-77 of the Connecticut General Statutes.  Such programs do not include public or private entities licensed by the Office of Early Childhood or Board enhancement programs and extra-curricular activities.

Cartridge injector means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for emergency first aid response to allergic reactions.

Coach means any person holding a coaching permit who is hired by the Board to coach for a sport season.

Controlled drugs means those drugs as defined in Conn. Gen. Stat. Section 21a-240.

Cumulative health record means the cumulative health record of a pupil mandated by Conn. Gen. Stat. Section 10-206.

            Director means the person responsible for the day-to-day operations of any school readiness program or before or after school program.

            Eligible student means a student who has reached the age of eighteen or is an emancipated minor.

Error means: 

(1)        the failure to do any of the following as ordered:

(a)        administer a medication to a student;

(b)        administer medication within the time designated by the prescribing physician;

(c)        administer the specific medication prescribed for a student;

(d)       administer the correct dosage of medication;

(e)        administer medication by the proper route;

(f)        administer the medication according to generally accepted standards of practice; or

(2)        the administration of medication to a student which is not ordered, or which is not authorized in writing by the parent or guardian of such student, except for the administration of epinephrine or naloxone for the purpose of emergency first aid as set forth in Sections D and E below.

Guardian means one who has the authority and obligations of guardianship of the person of a minor, and includes: (1) the obligation of care and control; and (2) the authority to make major decisions affecting the minor's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment.

Intramural athletic events means tryouts, competition, practice, drills, and transportation to and from events that are within the bounds of a school district for the purpose of providing an opportunity for students to participate in physical activities and athletic contests that extend beyond the scope of the physical education program.

Interscholastic athletic events means events between or among schools for the purpose of providing an opportunity for students to participate in competitive contests that are highly organized and extend beyond the scope of intramural programs and includes tryouts, competition, practice, drills and transportation to and from such events.

Investigational drug means any medication with an approved investigational new drug (IND) application on file with the Food and Drug Administration (FDA), which is being scientifically tested and clinically evaluated to determine its efficacy, safety and side effects and which has not yet received FDA approval.

Licensed athletic trainer means a licensed athletic trainer employed by the school district pursuant to Chapter 375a of the Connecticut General Statutes.

Medication means any medicinal preparation, both prescription and non-prescription, including controlled drugs, as defined in Conn. Gen. Stat. Section 21a-240.  This definition includes Aspirin, Ibuprofen or Aspirin substitutes containing Acetaminophen. 

Medication emergency means a life-threatening reaction of a student to a medication.

            Medication plan means a documented plan established by the school nurse in conjunction with the parent and student regarding the administration of medication in school.  Such plan may be a stand-alone plan, part of an individualized health care plan, an emergency care plan or a medication administration form.

Medication order means the authorization by an authorized prescriber for the administration of medication to a student which shall include the name of the student, the name and generic name of the medication, the dosage of the medication, the route of administration, the time of administration, the frequency of administration, the indications for medication, any potential side effects including overdose or missed dose of the medication, the start and termination dates not to exceed a 12-month period, and the written signature of the prescriber.

Nurse means an advanced practice registered nurse, a registered nurse or a practical nurse licensed in Connecticut in accordance with Chapter 378, Conn. Gen. Stat.

Occupational therapist means an occupational therapist employed full time by the Board and licensed in Connecticut pursuant to Chapter 376a of the Connecticut General Statutes.

Optometrist means an optometrist licensed to provide optometry pursuant to Chapter 380 of the Connecticut General Statutes.

Paraprofessional means a health care aide or assistant or an instructional aide or assistant employed by the Board who meets the requirements of the Board for employment as a health care aide or assistant or instructional aide or assistant.

Physical therapist means a physical therapist employed full time by the Board and licensed in Connecticut pursuant to Chapter 376 of the Connecticut General Statutes.

Physician means a doctor of medicine or osteopathy licensed to practice medicine in Connecticut pursuant to Chapter 370 of the Connecticut General Statutes, or licensed to practice medicine in another state.

Podiatrist means an individual licensed to practice podiatry in Connecticut pursuant to Chapter 375 of the Connecticut General Statutes.

Principal means the administrator in the school.

Research or study medications means FDA-approved medications being administered according to an approved study protocol.  A copy of the study protocol shall be provided to the school nurse along with the name of the medication to be administered and the acceptable range of dose of such medication to be administered.

School means any educational facility or program which is under the jurisdiction of the Board excluding extracurricular activities.

School nurse means a nurse appointed in accordance with Conn. Gen. Stat. Section 10-212.

School nurse supervisor means the nurse designated by the Board as the supervisor or, if no designation has been made by the Board, the lead or coordinating nurse assigned by the Board.

School readiness program means a program that receives funds from the State Department of Education for a school readiness program pursuant to subsection (b) of Section 10-16p of the Connecticut General Statutes and exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of Section 19a-77 of the Connecticut General Statutes.

Self-administration of medication means the control of the medication by the student at all times and is self-managed by the student according to the individual medication plan.

Teacher means a person employed full time by the Board who has met the minimum standards as established by the Board for performance as a teacher and has been approved by the school medical advisor and school nurse to be designated to administer medications pursuant to the Regulations of Connecticut State Agencies Sections 10-212a-1 through 10-212a-7.

1. General Policies on Administration of Medications

(1)        Except as provided below in Section D, no medication, including non-prescription drugs, may be administered by any school personnel without:

(a)        the written medication order of an authorized prescriber;

(b)        the written authorization of the student's parent

or guardian or eligible student; and

(c)        the written permission of a parent for the exchange of information between the prescriber and the school nurse necessary to ensure safe administration of such medication.

(2)        Prescribed medications shall be administered to and taken by only the person for whom the prescription has been written.

(3)        Except as provided in Sections D and E, medications may be administered only by a licensed nurse or, in the absence of a licensed nurse, by:

(a)        a full-time principal, a full-time teacher, or a full-time licensed physical or occupational therapist employed by the school district.  A full-time principal, teacher, licensed physical or occupational therapist employed by the school district may administer oral, topical, intranasal or inhalant medications.  Such individuals may administer injectable medications only to a student with a medically diagnosed allergic condition that may require prompt treatment to protect the student against serious harm or death.

(b)        students with chronic medical conditions who are able to possess, self-administer, or possess and self-administer medication, provided all of the following conditions are met:

(i)         an authorized prescriber provides a written medication order, including the recommendation for possession, self-administration, or possession and self-administration; 

(ii)        there is a written authorization for possession, self-administration, or possession and self-administration from the student's parent or guardian or eligible student;

(iii)       the school nurse has developed a plan for possession, self-administration, or possession and self-administration, and general supervision, and has documented the plan in the student’s cumulative health record;

(iv)       the school nurse has assessed the student’s competency for self-administration and deemed it safe and appropriate, including that the student: is capable of identifying and selecting the appropriate medication by size, color, amount or other label identification; knows the frequency and time of day for which the medication is ordered; can identify the presenting symptoms that require medication; administers the medication appropriately; maintains safe control of the medication at all times; seeks adult supervision whenever warranted; and cooperates with the established medication plan;

(v)        the principal, appropriate teachers, coaches and other appropriate school personnel are informed the student is possessing, self-administering, or possessing and self-administering prescribed medication;

(vi)       such medication is transported to school and maintained under the student's control in accordance with this policy; and

(vii)      controlled drugs, as defined in this policy, may not be possessed or self-administered by students, except in extraordinary situations, such as international field trips, with approval of the school nurse supervisor and the school medical advisor in advance and development of an appropriate plan.

(c)        a student diagnosed with asthma who is able to self-administer medication shall be permitted to retain possession of an asthmatic inhaler at all times while attending school, in order to provide for prompt treatment to protect such student against serious harm or death, provided all of the following conditions are met:

(i)         an authorized prescriber provides a written order requiring the possession of an inhaler by the student at all times in order to provide for prompt treatment in order to protect the student against serious harm or death and authorizing the student’s self-administration of medication, and such written order is provided to the school nurse; 

(ii)        there is a written authorization from the student's parent or guardian regarding the possession of an inhaler by the student at all times in order to protect the student against serious harm or death and authorizing the student’s self-administration of medication, and such written authorization is provided to the school nurse;

(iii)       the conditions set forth in subsection (b) above have been met, except that the school nurse’s review of a student’s competency to self-administer an inhaler for asthma in the school setting shall not be used to prevent a student from retaining and self-administering an inhaler for asthma.  Students may self-administer medication with only the written authorization of an authorized prescriber and written authorization from the student’s parent or guardian or eligible student; and

(iv)       the conditions for self-administration meet any regulations as may be imposed by the State Board of Education in consultation with the Commissioner of Public Health.

(d)       a student diagnosed with an allergic condition who is able to self-administer medication shall be permitted to retain possession of a cartridge injector at all times while attending school, in order to provide for prompt treatment to protect such student against serious harm or death, provided all of the following conditions are met:

(i)         an authorized prescriber provides a written order requiring the possession of a cartridge injector by the student at all times in order to provide for prompt treatment in order to protect the student against serious harm or death and authorizing the student’s possession, self-administration, or possession and self-administration of medication, and such written order is provided to the school nurse; 

(ii)        there is a written authorization from the student’s parent or guardian regarding the possession of a cartridge injector by the student at all times in order to protect the student against serious harm or death and authorizing the student’s possession, self-administration, or possession and self-administration of medication, and such written authorization is provided to the school nurse;

(iii)       the conditions set forth in subsection (b) above have been met, except that the school nurse’s review of a student’s competency to self-administer cartridge injectors for medically-diagnosed allergies in the school setting shall not be used to prevent a student from retaining and self-administering a cartridge injector for medically-diagnosed allergies.  Students may self-administer medication with only the written authorization of an authorized prescriber and written authorization from the student’s parent or guardian or eligible student; and

(iv)       the conditions for self-administration meet any regulations as may be imposed by the State Board of Education in consultation with the Commissioner of Public Health.

(e)        a student with a medically diagnosed life-threatening allergic condition may possess, self-administer, or possess and self-administer medication, including but not limited to medication administered with a cartridge injector, to protect the student against serious harm or death, provided the following conditions are met:

(i)         the parent or guardian of the student has provided written authorization for the student to possess, self-administer, or possess and self-administer such medication; and

(ii)        a qualified medical professional has provided a written order for the possession, self-administration, or possession and self-administration.

(f)        a coach of intramural or interscholastic athletic events or licensed athletic trainer who has been trained in the administration of medication, during intramural or interscholastic athletic events, may administer inhalant medications prescribed to treat respiratory conditions and/or medication administered with a cartridge injector for students with medically diagnosed allergic conditions which may require prompt treatment to protect the student against serious harm or death, provided all of the following conditions are met:

(i)         the school nurse has determined that a self-administration plan is not viable;

(ii)        the school nurse has provided to the coach a copy of the authorized prescriber’s order and parental permission form;

(iii)       the parent/guardian has provided the coach or licensed athletic trainer with the medication in accordance with Section K of this policy, and such medication is separate from the medication stored in the school health office for use during the school day; and

(iv)       the coach or licensed athletic trainer agrees to the administration of emergency medication and implements the emergency care plan, identified in Section H of this policy, when appropriate.

(g)        an identified school paraprofessional who has been trained in the administration of medication, provided medication is administered only to a specific student in order to protect that student from harm or death due to a medically diagnosed allergic condition, and the following additional conditions are met:

(i)         there is written authorization from the student's parents/guardian to administer the medication in school;

(ii)        medication is administered pursuant to the written order of (A) a physician licensed under chapter 370 of the Connecticut General Statutes, (B) an optometrist licensed to practice optometry under chapter 380 of the Connecticut General Statutes, (C) an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a of the Connecticut General Statutes, or (D) a physician assistant licensed to prescribe in accordance with section 20-12d of the Connecticut General Statutes;

(iii)       medication is administered only with approval by the school nurse and school medical advisor, if any, in conjunction with the school nurse supervisor and under the supervision of the school nurse;

(iv)       the medication to be administered is limited to medications necessary for prompt treatment of an allergic reaction, including, but not limited to, a cartridge injector; and

(v)        the paraprofessional shall have received proper training and supervision from the school nurse in accordance with this policy and state regulations.

(h)        a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional, provided medication is antiepileptic medication, including by rectal syringe, administered only to a specific student with a medically diagnosed epileptic condition that requires prompt treatment in accordance with the student’s individual seizure action plan, and the following additional conditions are met:

(i)         there is written authorization from the student’s parents/guardians to administer the medication;

(ii)        a written order for such administration has been received from the student’s physician licensed under Chapter 370 of the Connecticut General Statutes;

(iii)       the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional is selected by the school nurse and school medical advisor, if any, and voluntarily agrees to administer the medication;

(iv)       the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional annually completes the training program established by the Connecticut State Department of Education and the Association of School Nurses of Connecticut, and the school nurse and medical advisor, if any, have attested, in writing, that such training has been completed; and

(v)        the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional receives monthly reviews by the school nurse to confirm competency to administer antiepileptic medication.

(i)         a director of a school readiness program or a before or after school program, or the director’s designee, provided that the medication is administered:

            (i)         only to a student enrolled in such program; and

            (ii)        in accordance with Section L of this policy.

(j)         a licensed practical nurse, after the school nurse has established the medication plan, provided that the licensed practical nurse may not train or delegate the administration of medication to another individual, and provided that the licensed practical nurse can demonstrate one of the following:

(i)         training in administration of medications as part of their basic nursing program;

(ii)        successful completion of a pharmacology course and subsequent supervised experience; or

(iii)       supervised experience in the administration of medication while employed in a health care facility.

• Medications may also be administered by a parent or guardian to the parent or guardian’s own child on school grounds.

• Investigational drugs or research or study medications may be administered only by a licensed nurse. For FDA-approved medications being administered according to a study protocol, a copy of the study protocol shall be provided to the school nurse along with the name of the medication to be administered and the acceptable range of dose of such medication to be administered.

1. Diabetic Students

            (1)        The Board permits blood glucose testing by students who have a written order from a physician or an advanced practice registered nurse stating the need and capability of such student to conduct self-testing, or the use of continuous blood glucose monitors (CGM) by students diagnosed with Type 1 diabetes, who have a written order from a physician or an advanced practice registered nurse.

(2)        The Board will not restrict the time or location of blood glucose testing by a student with diabetes on school grounds who has written authorization from a parent or guardian and a written order from a physician or an advanced practice registered nurse stating that such student is capable of conducting self-testing on school grounds.

(3)        The Board will not require a student using a continuous glucose monitor approved by the Food and Drug Administration for use without finger stick verification to undergo finger stick verification of blood glucose readings from a continuous glucose monitor on a routine basis.  Finger stick testing of a student using a continuous glucose monitor so approved by the Food and Drug Administration shall only be conducted: (1) as ordered by the student’s physician or advanced practice provider; (2) if it appears that the continuous glucose monitor is malfunctioning; or (3) in an urgent medical situation.

(4)        The Board shall purchase or use existing equipment owned by the Board to monitor blood glucose alerts transmitted from continuous glucose monitors of students with Type 1 diabetes to dedicated receivers, smartphone/tablet applications, or other appropriate technology on such equipment.

(5)        In the absence or unavailability of the school nurse, select school employees may administer medication with injectable equipment used to administer glucagon to a student with diabetes that may require prompt treatment in order to protect the student against serious harm or death, under the following conditions:

(a)        The student’s parent or guardian has provided written authorization;

(b)        A written order for such administration has been received from the student’s physician licensed under Chapter 370 of the Connecticut General Statutes;

(c)        The school employee is selected by either the school nurse or principal and is a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or school paraprofessional;

(d)       The school nurse shall provide general supervision to the selected school employee;

(e)        The selected school employee annually completes any training required by the school nurse and school medical advisor in the administration of medication with injectable equipment used to administer glucagon;

(f)        The school nurse and school medical advisor have attested in writing that the selected school employee completed the required training; and

(g)        The selected school employee voluntarily agrees to serve as one who may administer medication with injectable equipment used to administer glucagon to a student with diabetes that may require prompt treatment in order to protect the student against serious harm or death.

1. Epinephrine for Purposes of Emergency First Aid Without Prior Authorization

(1)        For purposes of this Section D, “regular school hours” means the posted hours during which students are required to be in attendance at the individual school on any given day.

(2)        The school nurse shall maintain epinephrine in cartridge injectors for the purpose of emergency first aid to students who experience allergic reactions and do not have prior written authorization of a parent or guardian or a prior written order of a qualified medical professional for the administration of epinephrine.

(a)        The school nurse, in consultation with the school nurse supervisor, shall determine the supply of epinephrine in cartridge injectors that shall be available in the individual school.

(b)        In determining the appropriate supply of epinephrine in cartridge injectors, the nurse may consider, among other things, the number of students regularly in the school building during the regular school day and the size of the physical building.

(3)        The school nurse or school principal shall select principal(s), teacher(s), licensed athletic trainer(s), licensed physical or occupational therapist(s) employed by the Board, coach(es) and/or school paraprofessional(s) to maintain and administer the epinephrine in cartridge injectors for the purpose of emergency first aid as described in Paragraph (2) above, in the absence of the school nurse. 

(a)        More than one individual must be selected by the school nurse or school principal for such maintenance and administration in the absence of the school nurse.

(b)        The selected personnel, before conducting such administration, must annually complete the training made available by the Department of Education for the administration of epinephrine in cartridge injectors for the purpose of emergency first aid.

(c)        The selected personnel must voluntarily agree to complete the training and administer epinephrine in cartridge injectors for the purpose of emergency first aid.

(4)        Either the school nurse or, in the absence of the school nurse, at least one of the selected and trained personnel as described in Paragraph (3) above shall be on the grounds of each school during regular school hours.

(a)        The school principal, in consultation with the school nurse supervisor, shall determine the level of nursing services and number of selected and trained personnel necessary to ensure that a nurse or selected and trained personnel is present on the grounds of each school during regular school hours.

(b)        If the school nurse, or a substitute school nurse, is absent or must leave school grounds during regular school hours, the school nurse, school administrator or designee shall use an effective and reasonable means of communication to notify one or more qualified school employees and other staff in the school that the selected and trained personnel identified in Paragraph (3) above shall be responsible for the emergency administration of epinephrine.

(5)        The administration of epinephrine pursuant to this section must be done in accordance with this policy, including but not limited to the requirements for documentation and record keeping, errors in medication, emergency medical procedures, and the handling, storage and disposal of medication, and the Regulations adopted by the Department of Education.

(6)        The parent or guardian of any student may submit, in writing, to the school nurse or school medical advisor, if any, that epinephrine shall not be administered to such student pursuant to this section. 

(a)        The school nurse shall notify selected and trained personnel of the students whose parents or guardians have refused emergency administration of epinephrine.

(b)        The Board shall annually notify parents or guardians of the need to provide such written notice.

(7)        Following the emergency administration of epinephrine by selected and trained personnel as identified in this section:

(a)        Such emergency administration shall be reported immediately to:

(i)         The school nurse or school medical advisor, if any, by the personnel who administered the epinephrine; and

(ii)        The student’s parent or guardian, by the school nurse or personnel who administered the epinephrine.

(b)        A medication administration record shall be:

(i)         Submitted to the school nurse by the personnel who administered the epinephrine as soon as possible, but no later than the next school day; and

(ii)        filed in or summarized on the student’s cumulative health record, in accordance with the Document and Record Keeping section of this policy.

1. Documentation and Record Keeping

(1)        Each school or before or after-school program and school readiness program where medications are administered shall maintain an individual medication administration record for each student who receives medication during school or program hours.  This record shall include the following information:

(a)        the name of the student;

(b)        the student’s state-assigned student identifier (SASID);

(c)        the name of the medication;

(d)       the dosage of the medication;

(e)        the route of the administration,

(e.g., oral, topical, inhalant, etc.);

(f)        the frequency of administration;

(g)        the name of the authorized prescriber;

(h)        the dates for initiating and terminating the administration of            medication, including extended-year programs;

(i)         the quantity received at school and verification by the adult             delivering the medication of the quantity received;

(j)         the date the medication is to be reordered (if any);

(k)        any student allergies to food and/or medication(s);

(l)         the date and time of each administration or omission, including the reason for any omission;

(m)       the dose or amount of each medication administered;

(n)        the full written or electronic legal signature of the nurse or other authorized school personnel administering the medication; and

(o)        for controlled medications, a medication count which should be conducted and documented at least once a week and co-signed by the assigned nurse and a witness.

(2)        All records are either to be made in ink and shall not be altered, or recorded electronically in a record that cannot be altered.

(3)        Written orders of authorized prescribers, written authorizations of a parent or guardian, the written parental permission for the exchange of information by the prescriber and school nurse to ensure safe administration of such medication, and the completed medication administration record for each student shall be filed in the student's cumulative health record or, for before or after school programs and school readiness programs, in the student’s program record.

(4)        Authorized prescribers may make verbal orders, including telephone orders, for a change in medication order.  Such verbal orders may be received only by a school nurse and must be followed by a written order, which may be faxed, and must be received within three (3) school days.

(5)        Medication administration records will be made available to the Department of Education for review until destroyed pursuant to Section 11-8a and Section 10-212a(b) of the Connecticut General Statutes.

(a)        The completed medication administration record for non-controlled medications may, at the discretion of the school district, be destroyed in accordance with Section M8 of the Connecticut Record Retention Schedules for Municipalities upon receipt of a signed approval form (RC-075) from the Office of the Public Records Administrator, so long as such record is superseded by a summary on the student health record.

(b)        The completed medication administration record for controlled medications shall be maintained in the same manner as the non-controlled medications.  In addition, a separate medication administration record needs to be maintained in the school for three (3) years pursuant to Section 10-212a(b) of the Connecticut General Statutes.

(6)        Documentation of any administration of medication by a coach or licensed athletic trainer shall be completed on forms provided by the school and the following procedures shall be followed:

(a)        a medication administration record for each student shall be maintained in the athletic offices;

(b)        administration of a cartridge injector medication shall be reported to the school nurse at the earliest possible time, but no later than the next school day;

(c)        all instances of medication administration, except for the administration of cartridge injector medication, shall be reported to the school nurse at least monthly, or as frequently as required by the individual student plan; and

(d)       the administration of medication record must be submitted to the school nurse at the end of each sport season and filed in the student’s cumulative health record.

1. Errors in Medication Administration

(1)        Whenever any error in medication administration occurs, the following procedures shall apply:

(a)        the person making the error in medication administration shall immediately implement the medication emergency procedures in this policy if necessary;

(b)        the person making the error in medication administration shall in all cases immediately notify the school nurse, principal, school nurse supervisor, and authorized prescriber.  The person making the error, in conjunction with the principal, shall also immediately notify the parent or guardian, advising of the nature of the error and all steps taken or being taken to rectify the error, including contact with the authorized prescriber and/or any other medical action(s); and

(c)        the principal shall notify the Superintendent or the Superintendent's designee.

(2)        The school nurse, along with the person making the error, shall complete a report using the authorized medication error report form.  The report shall include any corrective action taken.

(3)        Any error in the administration of medication shall be documented in the student's cumulative health record or, for before or after school programs and school readiness programs, in the student’s program record.

(4)        These same procedures shall apply to coaches and licensed athletic trainers during intramural and interscholastic events, except that if the school nurse is not available, a report must be submitted by the coach or licensed athletic trainer to the school nurse the next school day.

1. Medication Emergency Procedures

(1)        Whenever a student has a life-threatening reaction to administration of a medication, resolution of the reaction to protect the student's health and safety shall be the foremost priority.  The school nurse and the authorized prescriber shall be notified immediately, or as soon as possible in light of any emergency medical care that must be given to the student. 

(2)        Emergency medical care to resolve a medication emergency includes but is not limited to the following, as appropriate under the circumstances:

(a)        use of the 911 emergency response system;

(b)        application by properly trained and/or certified personnel of appropriate emergency medical care techniques, such as cardio-pulmonary resuscitation;

(c)        administration of emergency medication in accordance with this policy;

(d)       contact with a poison control center; and

(e)        transporting the student to the nearest available emergency medical care facility that is capable of responding to a medication emergency.

(3)        As soon as possible, in light of the circumstances, the principal shall be notified of the medication emergency.  The principal shall immediately thereafter contact the Superintendent or the Superintendent's designee, who shall thereafter notify the parent or guardian, advising of the existence and nature of the medication emergency and all steps taken or being taken to resolve the emergency and protect the health and safety of the student, including contact with the authorized prescriber and/or any other medical action(s) that are being or have been taken.

1. Supervision

(1)        The school nurse is responsible for general supervision of administration of medications in the school(s) to which that nurse is assigned.

(2)        The school nurse's duty of general supervision includes, but is not limited to, the following:

(a)        availability on a regularly scheduled basis to:

(i)         review orders or changes in orders and communicate these to personnel designated to give medication for appropriate follow-up;

(ii)        set up a plan and schedule to ensure medications are given properly;

(iii)       provide training to licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and interscholastic athletics, licensed athletic trainers and identified paraprofessionals designated in accordance with Section B(3)(g), above, which training shall pertain to the administration of medications to students, and assess the competency of these individuals to administer medication;

(iv)       support and assist other licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics, licensed athletic trainers and identified paraprofessionals designated in accordance with Section B(3)(g), above, to prepare for and implement their responsibilities related to the administration of specific medications during school hours and during intramural and interscholastic athletics as provided by this policy;

(v)        provide appropriate follow-up to ensure the administration of medication plan results in desired student outcomes, including providing proper notification to appropriate employees or contractors regarding the contents of such medical plans; and

(vi)       provide consultation by telephone or other means of telecommunications, which consultation may be provided by an authorized prescriber or other nurse in the absence of the school nurse. 

                        (b)        In addition, the school nurse shall be responsible for:

(i)         implementing policies and procedures regarding the receipt, storage, and administration of medications;

(ii)        reviewing, on a periodic basis, all documentation pertaining to the administration of medications for students;

(iii)       performing observations of the competency of medication administration by full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, who have been newly trained to administer medications; and,

(iv)       conducting periodic reviews, as needed, with licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, regarding the needs of any student receiving medication.

1. Training of School Personnel

(1)        Full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, who are designated to administer medications shall at least annually receive training in their safe administration, and only trained full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, shall be allowed to administer medications.

(2)        Training for full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(f), above, and identified paraprofessionals designated in accordance with Section B(3)(g), above, shall include, but is not necessarily limited to, the following:

(a)        the general principles of safe administration of medication;

(b)        the procedures for administration of medications, including the safe handling and storage of medications, and the required record-keeping; and

(c)        specific information related to each student’s medication plan, including the name and generic name of the medication, indications for medication dosage, routes, time and frequency of administration, therapeutic effects of the medication, potential side effects, overdose or missed doses of the medication, and when to implement emergency interventions.

• The principal(s), teacher(s), licensed athletic trainer(s), licensed physical or occupational therapist(s) employed by the Board, coach(es) and/or school paraprofessional(s) who administer epinephrine as emergency first aid, pursuant to Section D above, shall annually complete the training program developed by the Departments of Education and Public Health and training in cardiopulmonary resuscitation and first aid.

• The Board shall maintain documentation of medication administration training as follows:

(a)        dates of general and student-specific trainings;

(b)        content of the trainings;

(c)        individuals who have successfully completed general and student-specific administration of medication training for the current school year; and

(d)       names and credentials of the nurse or school medical advisor, if any, trainer or trainers.

(6)        Licensed practical nurses may not conduct training in the administration of medication to another individual.

1. Handling, Storage and Disposal of Medications

(1)        All medications, except those approved for transporting by students for self-medication, those administered by coaches of intramural or interscholastic athletics or licensed athletic trainers in accordance with Section B(3)(f) above, and epinephrine to be used for emergency first aid in accordance with Section D above, must be delivered by the parent, guardian, or other responsible adult to the nurse assigned to the student's school or, in the absence of such nurse, the school principal who has been trained in the appropriate administration of medication.  Medications administered by coaches of intramural or interscholastic athletics or licensed athletic trainers must be delivered by the parent or guardian directly to the coach or licensed athletic trainer in accordance with Section B(3)(f) above. 

(2)        The nurse shall examine on-site any new medication, medication order and the required authorization to administer form, and, except for epinephrine and naloxone to be used as emergency first aid in accordance with Section D above, shall develop a medication administration plan for the student before any medication is given to the student by any school personnel.  No medication shall be stored at a school without a current written order from an authorized prescriber.

(3)        The school nurse shall review all medication refills with the medication order and parent authorization prior to the administration of medication, except for epinephrine intended for emergency first aid in accordance with Section D above.

(4)        Emergency Medications

(a)        Except as otherwise determined by a student’s emergency care plan, emergency medications shall be stored in an unlocked, clearly labeled and readily accessible cabinet or container in the health room during school hours under the general supervision of the school nurse or, in the absence of the school nurse, the principal or the principal’s designee who has been trained in the administration of medication.

(b)        Emergency medication shall be locked beyond the regular school day or program hours, except as otherwise determined by a student’s emergency care plan.

(5)        All medications, except those approved for keeping by students for self-medication, shall be kept in a designated and locked location used exclusively for the storage of medication.  Controlled substances shall be stored separately from other drugs and substances in a separate, secure, substantially constructed, locked metal or wood cabinet.

(6)        Access to stored medications shall be limited to persons authorized to administer medications.  Each school or before or after school program and school readiness program shall maintain a current list of such authorized persons.

(7)        All medications, prescription and non-prescription, shall be delivered and stored in their original containers and in such a manner that renders them safe and effective.

(8)        At least two sets of keys for the medication containers or cabinets shall be maintained for each school building or before or after school program and school readiness program.  One set of keys shall be maintained under the direct control of the school nurse or nurses and an additional set shall be under the direct control of the principal and, if necessary, the program director or lead teacher who has been trained in the general principles of the administration of medication shall also have a set of keys.

(9)        Medications that must be refrigerated shall be stored in a refrigerator at no less than 36 degrees Fahrenheit and no more than 46 degrees Fahrenheit.  The refrigerator must be located in the health office that is maintained for health services with limited access.  Non-controlled medications may be stored directly on the refrigerator shelf with no further protection needed.  Controlled medication shall be stored in a locked box that is affixed to the refrigerator shelf.

(10)      All unused, discontinued or obsolete medications shall be removed from storage areas and either returned to the parent or guardian or, if the medication cannot be returned to the parent or guardian, the medication shall be destroyed in collaboration with the school nurse:

(a)        non-controlled drugs shall be destroyed in the presence of at least one witness; 

(b)        controlled drugs shall be destroyed in pursuant to Section 21a-262-3 of the Regulations of Connecticut State Agencies; and

(c)        accidental destruction or loss of controlled drugs must be verified in the presence of a second person, including confirmation of the presence or absence of residue, and jointly documented on the student medication administration record and on a medication error form pursuant to Section 10-212a(b) of the Connecticut General Statutes.  If no residue is present, notification must be made to the Department of Consumer Protection pursuant to Section 21a-262-3 of the Regulations of Connecticut State Agencies.

(11)      Medications to be administered by coaches of intramural or interscholastic athletic events or licensed athletic trainers shall be stored:

(a)        in containers for the exclusive use of holding medications;

(b)        in locations that preserve the integrity of the medication;

(c)        under the general supervision of the coach or licensed athletic trainer trained in the administration of medication;             and

(d)       in a locked secured cabinet when not under the general supervision of the coach or licensed athletic trainer during intramural or interscholastic athletic events.

(12)      In no event shall a school store more than a three (3) month supply of a medication for a student.

1. School Readiness Programs and Before or After School Programs

(1)        As determined by the school medical advisor, if any, and school nurse supervisor, the following procedures shall apply to the administration of medication during school readiness programs and before or after school programs run by the Board, which are exempt from licensure by the Office of Early Childhood:

(a)        Administration of medication at these programs shall be provided only when it is medically necessary for participants to access the program and maintain their health status while attending the program.

(b)        Except as provided by Section D above, no medication shall be administered in these programs without:

(i)         the written order of an authorized prescriber; and

(ii)        the written authorization of a parent or guardian or an eligible student.

(c)        A school nurse shall provide consultation to the program director, lead teacher or school administrator who has been trained in the administration of medication regarding the safe administration of medication within these programs.  The school medical advisor and school nurse supervisor shall determine whether, based on the population of the school readiness program and/or before or after school program, additional nursing services are required for these programs.

(d)       Only school nurses, directors or directors’ designees, lead teachers or school administrators who have been properly trained may administer medications to students as delegated by the school nurse or other registered nurse.  Properly trained directors or directors’ designees, lead teachers or school administrators may administer oral, topical, intranasal or inhalant medications.  Investigational drugs or research or study medications may not be administered in these programs.

(e)        Students attending these programs may be permitted to self-medicate only in accordance with the provisions of Section B(3) of this policy.  In such a case, the school nurse must provide the program director, lead teacher or school administrator running the program with the medication order and parent permission for self-administration.

(f)        In the absence of the school nurse during program administration, the program director, lead teacher or school administrator is responsible for decision-making regarding medication administration.

(g)        Cartridge injector medications may be administered by a director, lead teacher or school administrator only to a student with a medically-diagnosed allergic condition which may require prompt treatment to protect the student against serious harm or death.

(2)        Local poison control center information shall be readily available at these programs.

(3)        Procedures for medication emergencies or medication errors, as outlined in this policy, must be followed, except that in the event of a medication error a report must be submitted by the program director, lead teacher or school administrator to the school nurse the next school day.

(4)        Training for directors or directors’ designees, lead teachers or school administrators in the administration of medication shall be provided in accordance with Section J of this policy.

(5)        All medications must be handled and stored in accordance with Section K of this policy.   Where possible, a separate supply of medication shall be stored at the site of the before or after or school readiness program.  In the event that it is not possible for the parent or guardian to provide a separate supply of medication, then a plan shall be in place to ensure the timely transfer of the medication from the school to the program and back on a daily basis.

(6)        Documentation of any administration of medication shall be completed on forms provided by the school and the following procedures shall be followed:

(a)        a medication administration record for each student shall be maintained by the program;

(b)        administration of a cartridge injector medication shall be reported to the school nurse at the earliest possible time, but no later than the next school day;

(c)        all instances of medication administration, except for the administration of cartridge injector medication, shall be reported to the school nurse at least monthly, or as frequently as required by the individual student plan; and

(d)       the administration of medication record must be submitted to the school nurse at the end of each school year and filed in the student’s cumulative health record.

(7)        The procedures for the administration of medication at school readiness programs and before or after school programs shall be reviewed annually by the school medical advisor, if any, and school nurse supervisor.

1. Review and Revision of Policy

            In accordance with the provisions of Conn. Gen. Stat. Section 10-212a(a)(2) and Section 10-212a-2 of the Regulations of Connecticut State Agencies, the Board shall review this policy periodically, and at least biennially, with the advice and approval of the school medical advisor, if any, or other qualified licensed physician, and the school nurse supervisor.  Any proposed revisions to the policy must be made with the advice and approval of the school medical advisor, school nurse supervisor or other qualified licensed physician. 

Legal References:

Connecticut General Statutes:

        Public Act No. 23-52, “An Act Concerning The Department of Consumer Protections Recommendations Regarding Prescription Drug Regulation”

        Section 10-206

        Section 10-212

        Section 10-212a

        Section 10-212c

        Section 10-220j

        Section 14-276b

        Section 19a-900

        Section 21a-240

        Section 21a-286

        Section 52-557b

Regulations of Conn. State Agencies:

        Sections 10-212a-1 through 10-212a-10, inclusive

Memorandum of Decision, In Re:  Declaratory Ruling/Delegation by Licensed Nurses to Unlicensed Assistive Personnel, ConnecticutState Board of Examiners for Nursing (April 5, 1995)

Storage and Administration of Opioid Antagonists in Schools: Guidelines for Local and Regional Boards of Education, Connecticut State Department of Education (October 1, 2022)

ADOPTED: December 18, 2018

Amended:  December 5, 2023

Series 5141.21 (R)

Students

ADMINISTRATION OF STUDENT MEDICATIONS

IN THE SCHOOLS

1. Definitions

Administration of medication means any one of the following activities: handling, storing, preparing or pouring of medication; conveying it to the student according to the medication order; observing the student inhale, apply, swallow, or self-inject the medication, when applicable; documenting that the medication was administered; and counting remaining doses to verify proper administration and use of the medication.

Authorized prescriber means a physician, dentist, optometrist, advanced practice registered nurse or physician assistant, and, for interscholastic and intramural athletic events only, a podiatrist.  

Before or After School Program means any child care program operated and administered by a local or regional board of education exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of Section 19a-77 of the Connecticut General Statutes.  Such programs do not include public or private entities licensed by the Office of Early Childhood or board of education enhancement programs and extra-curricular activities.

Cartridge Injector means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for emergency first aid response to allergic reactions.

Coach means any person holding a coaching permit who is hired by a local or regional board of education to coach for a sport season.

Controlled drugs means those drugs as defined in Conn. Gen. Stat. Section 21a-240.

Cumulative health record means the cumulative health record of a pupil mandated by Conn. Gen. Stat. Section 10-206.

Director means the person responsible for the day-to-day operations of any school readiness program or before-and-after school program.

Eligible student means a student who has reached the age of eighteen or is an emancipated minor.

Error means:  

(1) the failure to do any of the following as ordered:

(a) administer a medication to a student;

(b) administer medication within the time designated by the prescribing physician;

(c) administer the specific medication prescribed for a student;

(d) administer the correct dosage of medication;

(e) administer medication by the proper route;  

(f) administer the medication according to generally accepted standards of practice; or

(2) the administration of medication to a student which is not ordered, or which is not authorized in writing by the parent or guardian of such student, except for the administration of epinephrine for the purpose of emergency first aid as permitted by state law and regulations and Section D below.

Guardian means one who has the authority and obligations of guardianship of the person of a minor, and includes: (1) the obligation of care and control; and (2) the authority to make major decisions affecting the minor's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment.

Intramural athletic events means tryouts, competition, practice, drills, and transportation to and from events that are within the bounds of a school district for the purpose of providing an opportunity for students to participate in physical activities and athletic contests that extend beyond the scope of the physical education program.

Interscholastic athletic events means events between or among schools for the purpose of providing an opportunity for students to participate in competitive contests which are highly organized and extend beyond the scope of intramural programs and includes tryouts, competition, practice, drills and transportation to and from such events.

Investigational drug means any medication with an approved investigational new drug (IND) application on file with the Food and Drug Administration (FDA), which is being scientifically tested and clinically evaluated to determine its efficacy, safety and side effects and which has not yet received FDA approval.

Licensed athletic trainer means a licensed athletic trainer employed by the school district pursuant to Chapter 375a of the Connecticut General Statutes.

Medication means any medicinal preparation, both prescription and non-prescription, including controlled drugs, as defined in Conn. Gen. Stat. Section 21a-240.  This definition includes Aspirin, Ibuprofen or Aspirin substitutes containing Acetaminophen.  

Medication Emergency means a life-threatening reaction of a student to a medication.

Medication plan means a documented plan established by the school nurse in conjunction with the parent and student regarding the administration of medication in school.  Such plan may be a stand-alone plan, part of an individualized health care plan, an emergency care plan or a medication administration form.

Medication order means the authorization by an authorized prescriber for the administration of medication to a student which shall include the name of the student, the name and generic name of the medication, the dosage of the medication, the route of administration, the time of administration, the frequency of administration, the indications for medication, any potential side effects including overdose or missed dose of the medication, the start and termination dates not to exceed a 12-month period, and the written signature of the prescriber.

Nurse means an advanced practice registered nurse, a registered nurse or a practical nurse licensed in Connecticut in accordance with Chapter 378, Conn. Gen. Stat.

Occupational Therapist means an occupational therapist employed full time by the local or regional board of education and licensed in Connecticut pursuant to Chapter 376a of the Connecticut General Statutes.

Optometrist means an optometrist licensed to provide optometry pursuant to Chapter 380 of the Connecticut General Statutes.

Paraprofessional means a health care aide or assistant or an instructional aide or assistant employed by the local or regional board of education who meets the requirements of such board of employment as a health care aide or assistant or instructional aide or assistant.

Physical therapist means a physical therapist employed full time by the local or regional board of education and licensed in Connecticut pursuant to Chapter 376 of the Connecticut General Statutes.

Physician means a doctor of medicine or osteopathy licensed to practice medicine in Connecticut pursuant to Chapters 370 and 371 of the Connecticut General Statutes, or licensed to practice medicine in another state.

Podiatrist means an individual licensed to practice podiatry in Connecticut pursuant to Chapter 375 of the Connecticut General Statutes.

Principal means the administrator in the school.

Research or study medications means FDA-approved medications being administered according to an approved study protocol.  A copy of the study protocol shall be provided to the school nurse along with the name of the medication to be administered and the acceptable range of dose of such medication to be administered.

School means any educational facility or program which is under the jurisdiction of the Board excluding extracurricular activities.

School nurse means a nurse appointed in accordance with Conn. Gen. Stat. Section 10-212.

School nurse supervisor means the nurse designated by the local or regional board of education as the supervisor or, if no designation has been made by the board, the lead or coordinating nurse assigned by the board.

School readiness program means a program that receives funds from the State Department of Education for a school readiness program pursuant to subsection (b) of Section 10-16p of the Connecticut General Statutes and exempt from licensure by the Office of Early Childhood pursuant to subdivision (1) of subsection (b) of Section 19a-77 of the Connecticut General Statutes.

Self-administration of medication means the control of the medication by the student at all times and is self-managed by the student according to the individual medication plan.

Teacher means a person employed full time by Board who has met the minimum standards as established by Board for performance as a teacher and has been approved by the school medical advisor and school nurse to be designated to administer medications pursuant to the Regulations of Connecticut State Agencies Sections 10-212a-1 through 10-212a-7.

1. General Policies On Administration of Medications

(1) Except as provided below in Section D, no medication, including non-prescription drugs, may be administered by any school personnel without:

(a) the written medication order of an authorized prescriber;

(b) the written authorization of the student's parent

or guardian or eligible student; and

(c) the written permission of a parent for the exchange of information between the prescriber and the school nurse necessary to ensure safe administration of such medication.

(2) Prescribed medications shall be administered to and taken by only the person for whom the prescription has been written.

(3) Except as provided in Section D, medications may be administered only by a licensed nurse; or, in the absence of a licensed nurse, by:

(a) a full-time principal, a full-time teacher, or a full-time licensed physical or occupational therapist employed by the school district.  A full-time principal, teacher, licensed physical or occupational therapist employed by the school district may administer oral, topical, intranasal or inhalant medications.  Such individuals may administer injectable medications only to a student with a medically diagnosed allergic condition that may require prompt treatment to protect the student against serious harm or death.

(b) students with chronic medical conditions who are able to self-administer medication, provided all of the following conditions are met:

(i) an authorized prescriber provides a written medication order, including the recommendation for such self-administration;  

(ii) there is a written authorization for self-administration from the student's parent or guardian or eligible student;

(iii) the school nurse has developed a plan for self-administration and general supervision, and has documented the plan in the student’s cumulative health record;

(iv) the school nurse has assessed the student’s competency for self-administration and deemed it safe and appropriate, including that the student: is capable of identifying and selecting the appropriate medication by size, color, amount or other label identification; knows the frequency and time of day for which the medication is ordered; can identify the presenting symptoms that require medication; administers the medication appropriately; maintains safe control of the medication at all times; seeks adult supervision whenever warranted; and cooperates with the established medication plan.

(v) the principal, appropriate teachers, coaches and other appropriate school personnel are informed the student is self-administering prescribed medication;

(vi) such medication is transported to school and maintained under the student's control in accordance with this policy;

(vii) controlled drugs, as defined in this policy, may not be self-administered by students, except in extraordinary situations, such as international field trips, with approval of the school nurse supervisor and the school medical advisor in advance and development of an appropriate plan.

(c) a student diagnosed with asthma who is able to self-administer medication shall be permitted to retain possession of an asthmatic inhaler at all times while attending school, in order to provide for prompt treatment to protect such child against serious harm or death, provided all of the following conditions are met:

(i) an authorized prescriber provides a written order requiring the possession of an inhaler by the student at all times in order to provide for prompt treatment in order to protect the child against serious harm or death and authorizing the student’s self-administration of medication, and such written order is provided to the school nurse;  

(ii) there is a written authorization from the student's parent or guardian regarding the possession of an inhaler by the student at all times in order to protect the child against serious harm or death and authorizing the student’s self-administration of medication, and such written authorization is provided to the school nurse;

(iii) the conditions set forth in subsection (b) above have been met, except that the school nurse’s review of a student’s competency to self-administer an inhaler for asthma in the school setting shall not be used to prevent a student from retaining and self-administering an inhaler for asthma.  Students may self-administer medication with only the written authorization of an authorized prescriber and written authorization from the student’s parent or guardian or eligible student;

(iv) the conditions for self-administration meet any regulations as may be imposed by the State Board of Education in consultation with the Commissioner of Public Health.

(d) a student diagnosed with an allergic condition who is able to self-administer medication shall be permitted to retain possession of an automatic prefilled injection cartridge or similar automatic injectable equipment at all times while attending school, in order to provide for prompt treatment to protect such child against serious harm or death, provided all of the following conditions are met:

(i) an authorized prescriber provides a written order requiring the possession of an automatic prefilled injection cartridge or similar automatic injectable equipment by the student at all times in order to provide for prompt treatment in order to protect the child against serious harm or death and authorizing the student’s self-administration of medication, and such written order is provided to the school nurse;  

(ii) there is a written authorization from the student's parent or guardian regarding the possession of an automatic prefilled injection cartridge or similar automatic injectable equipment by the student at all times in order to protect the child against serious harm or death and authorizing the student’s self-administration of medication, and such written authorization is provided to the school nurse;

(iii) the conditions set forth in subsection (b) above have been met, except that the school nurse’s review of a student’s competency to self-administer cartridge injectors for medically-diagnosed allergies in the school setting shall not be used to prevent a student from retaining and self-administering a cartridge injector for medically-diagnosed allergies.  Students may self-administer medication with only the written authorization of an authorized prescriber and written authorization from the student’s parent or guardian or eligible student;

(iv) the conditions for self-administration meet any regulations as may be imposed by the State Board of Education in consultation with the Commissioner of Public Health.

(e) a coach of intramural or interscholastic athletic events or licensed athletic trainer, who has been trained in the administration of medication, during intramural or interscholastic athletic events, may administer inhalant medications prescribed to treat respiratory conditions and/or medication administered with a cartridge injector for students with medically diagnosed allergic conditions which may require prompt treatment to protect the student against serious harm or death, provided all of the following conditions are met:

(i) the school nurse has determined that a self-administration plan is not viable;

(ii) the school nurse has provided to the coach a copy of the authorized prescriber’s order and parental permission form;

(iii) the parent/guardian has provided the coach or licensed athletic trainer with the medication in accordance with Section H of this policy, and such medication is separate from the medication stored in the school health office for use during the school day; and

(iv) the coach or licensed athletic trainer agrees to the administration of emergency medication and implements the emergency care plan, identified in Section E of this policy, when appropriate.

(f) an identified school paraprofessional who has been trained in the administration of medication, provided medication is administered only to a specific student in order to protect that student from harm or death due to a medically diagnosed allergic condition, except as provided in Section D below, and the following additional conditions are met:

(i) there is written authorization from the student's parents/guardian to administer the medication in school;

(ii) medication is administered pursuant to the written order of (A) a physician licensed under chapter 370, (B) an optometrist licensed to practice optometry under chapter 380, (C) an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a of the Connecticut General Statutes, or (D) a physician assistant licensed to prescribe in accordance with section 20-12d of the Connecticut General Statutes; and

(iii) medication is administered only with approval by the school nurse and school medical advisor, if any, in conjunction with the school nurse supervisor, and under the supervision of the school nurse; and

(iv) the medication to be administered is limited to medications necessary for prompt treatment of an allergic reaction, including, but not limited to, a cartridge injector; and

(v) the paraprofessional shall have received proper training and supervision from the school nurse in accordance with this policy and state regulations

(g) a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional, provided medication is antiepileptic medication, including by rectal syringe, administered only to a specific student with a medically diagnosed epileptic condition that requires prompt treatment in accordance with the student’s individual seizure action plan, and the following additional conditions are met:

(i) there is written authorization from the student’s parents/guardians to administer the medication; and

(ii) a written order for such administration has been received from the student’s physician licensed under Chapter 370 of the Connecticut General Statutes; and

(iii) the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional is selected by the school nurse and school medical advisor, if any, and voluntarily agrees to administer the medication; and

(iv) the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional annually completes the training program established by the Connecticut State Department of Education and the Association of School Nurses of Connecticut, and the school nurse and medical advisor, if any, have attested, in writing, that such training has been completed; and

(v) the principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by the Board, coach or school paraprofessional receives monthly reviews by the school nurse to confirm competency to administer antiepileptic medication.

(h) a director of a school readiness program or a before or after school program, or the director’s designee, provided that the medication is administered:

(i) only to a child enrolled in such program; and

(ii) in accordance with Section K of this policy.

(i) a licensed practical nurse, after the school nurse has established the medication plan, provided that the licensed practical nurse may not train or delegate the administration of medication to another individual, and provided that the licensed practical nurse can demonstrate one of the following:

(i) training in administration of medications as part of their basic nursing program;

(ii) successful completion of a pharmacology course and subsequent supervised experience; or

(iii) supervised experience in the administration of medication while employed in a health care facility.

1. Medications may also be administered by a parent or guardian to his/her own child on school grounds.

1. Investigational drugs or research or study medications may be administered only by a licensed nurse.  For FDA-approved medications being administered according to a study protocol, a copy of the study protocol shall be provided to the school nurse along with the name of the medication to be administered and the acceptable range of dose of such medication to be administered.

1. Diabetic Students

(1) The Meriden Public Schools’ Board of Education permits blood glucose testing by students who have a written order from a physician stating the need and capability of such student to conduct self-testing.  

(2) The Board will not restrict the time or location of blood glucose testing by a student with diabetes on school grounds who has written authorization from a parent or guardian and a written order from a physician stating that such child is capable of conducting self-testing on school grounds.

(3) In the absence or unavailability of the school nurse, select school employees may administer medication with injectable equipment used to administer glucagon to a student with diabetes that may require prompt treatment in order to protect the student against serious harm or death, under the following conditions:

(a) The student’s parent or guardian has provided written authorization.

(b) A written order for such administration has been received from the student’s physician licensed under Chapter 370 of the Connecticut General Statutes.

(c) The school employee is selected by either the school nurse or principal and is a principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, coach or school paraprofessional.

(d) The school nurse shall provide general supervision to the selected school employee.

(e) The selected school employee annually completes any training required by the school nurse and school medical advisor in the administration of medication with injectable equipment used to administer glucagon.

(f) The school nurse and school medical advisor have attested in writing that selected school employee completed the required training.

(g) The selected school employee voluntarily agrees to serve as one who may administer medication with injectable equipment used to administer glucagon to a student with diabetes that may require prompt treatment in order to protect the student against serious harm or death.

1. Epinephrine for Purposes of Emergency First Aid Without Prior Authorization

(1) For purposes of this Section D, “regular school hours” means the posted hours during which students are required to be in attendance at the individual school on any given day.

(2) The school nurse shall maintain epinephrine in cartridge injectors for the purpose of emergency first aid to students who experience allergic reactions and do not have prior written authorization of a parent or guardian or a prior written order of a qualified medical professional for the administration of epinephrine.

(a) The school nurse, in consultation with the school nurse supervisor, shall determine the supply of epinephrine in cartridge injectors that shall be available in the individual school.

(b) In determining the appropriate supply of epinephrine in cartridge injectors, the nurse may consider, among other things, the number of students regularly in the school building during the regular school day and the size of the physical building.

(3) The school nurse or school principal shall select principal(s), teacher(s), licensed athletic trainer(s), licensed physical or occupational therapist(s) employed by the Board, coach(es) and/or school paraprofessional(s) to maintain and administer the epinephrine in cartridge injectors for the purpose of emergency first aid as described in Paragraph (1) above, in the absence of the school nurse.  

(a) More than one individual must be selected by the school nurse or school principal for such maintenance and administration in the absence of the school nurse.

(b) The selected personnel, before conducting such administration, must annually complete the training made available by the Department of Education for the administration of epinephrine in cartridge injectors for the purpose of emergency first aid.

(c) The selected personnel must voluntarily agree to complete the training and administer epinephrine in cartridge injectors for the purpose of emergency first aid.

(4) Either the school nurse or, in the absence of the school nurse, at least one of the selected and trained personnel as described in Paragraph (2) above shall be on the grounds of each school during regular school hours.

(a) The school principal, in consultation with the school nurse supervisor, shall determine the level of nursing services and number of selected and trained personnel necessary to ensure that a nurse or selected and trained personnel is present on the grounds of each school during regular school hours;

(b) If the school nurse, or a substitute school nurse, is absent or must leave school grounds during regular school hours, the school nurse, school administrator or designee shall send an email to all staff indicating that the selected and trained personnel identified in Paragraph (2) above shall be responsible for the emergency administration of epinephrine;

(5) The administration of epinephrine pursuant to this section must be done in accordance with this policy, including but not limited to the requirements for documentation and record keeping, errors in medication, emergency medical procedures, and the handling, storage and disposal of medication; and the Regulations adopted by the Department of Education.

(6) The parent or guardian of any student may submit, in writing, to the school nurse or school medical advisor, if any, that epinephrine shall not be administered to such student pursuant to this section.  

(a) The school nurse shall notify selected and trained personnel of the students whose parents or guardians have refused emergency administration of epinephrine;

(b) The Board shall annually notify parents or guardians of the need to provide such written notice.

(7) Following the emergency administration of epinephrine by selected and trained personnel as identified in this section:

(a) Such emergency administration shall be reported immediately to:

(i) The school nurse or school medical advisor, if any, by the personnel who administered the epinephrine; and

(ii) The student’s parent or guardian, by the school nurse or personnel who administered the epinephrine.

(b) A medication administration record shall be:

(i) Submitted to the school nurse by the personnel who administered the epinephrine as soon as possible, but no later than the next school day; and

(ii) filed in or summarized on the student’s cumulative health record, in accordance with Section E of this policy.

1. Documentation and Record Keeping

(1) Each school or before-and-after school program and school readiness program where medications are administered shall maintain an individual medication administration record for each student who receives medication during school or program hours.  This record shall include the following information:

(a) the name of the student;

(b) the student’s state-assigned student identifier (SASID);

(c) the name of the medication;

(d) the dosage of the medication;

(e) the route of the administration,

(i.e., oral, topical, inhalant, etc.);

(f) the frequency of administration;

(g) the name of the authorized prescriber;

(h) the dates for initiating and terminating the administration of medication, including extended year programs;

(i) the quantity received at school and verification by the adult delivering the medication of the quantity received;

(j) the date the medication is to be reordered (if any);

(k) any student allergies to food and/or medication(s);

(l) the date and time of each administration or omission, including the reason for any omission;

(m) the dose or amount of each medication administered; and,

(n) the full written or electronic legal signature of the nurse or other authorized school personnel administering the medication;

(o) for controlled medications, a medication count which should be conducted and documented at least once a week and co-signed by the assigned nurse and a witness.

(2) All records are either to be made in ink and shall not be altered, or recorded electronically in a record that cannot be altered.

(3) Written orders of authorized prescribers, written authorizations of parent or guardian, the written parental permission for the exchange of information by the prescriber and school nurse to ensure safe administration of such medication, and the completed medication administration record for each student shall be filed in the student's cumulative health record or, for before-and-after school programs and school readiness programs, in the child’s program record.

(4) Authorized prescribers may make verbal orders, including telephone orders, for a change in medication order.  Such verbal orders may be received only by a school nurse and must be followed by a written order, which may be faxed, and must be received within three (3) school days.

(5) Medication administration records will be made available to the Department of Education for review until destroyed pursuant to Section 11-8a and Section 10-212a(b) of the Connecticut General Statutes.

(a) The completed medication administration record for non-controlled medications may, at the discretion of the school district, be destroyed in accordance with Section M8 of the Connecticut Record Retention Schedules for Municipalities, so long as it is superseded by a summary on the student health record.

(b) The completed medication administration record for controlled medications shall be maintained in the same manner as the non-controlled medications.  In addition, a separate medication administration record needs to be maintained in the school for three (3) years pursuant to Section 10-212a(b) of the Connecticut General Statutes.

(6) Documentation of any administration of medication by a coach or licensed athletic trainer shall be completed on forms provided by the school and the following procedures shall be followed:

(a) a medication administration record for each student shall be maintained in the athletic offices;

(b) administration of a cartridge injector medication shall be reported to the school nurse at the earliest possible time, but no later than the next school day;

(c) all instances of medication administration, except for the administration of cartridge injector medication, shall be reported to the school nurse at least monthly, or as frequently as required by the individual student plan; and

(d) the administration of medication record must be submitted to the school nurse at the end of each sport season and filed in the student’s cumulative health record.

1. Errors In Medication Administration

(1) Whenever any error in medication administration occurs, the following procedures shall apply:

(a) the person making the error in medication administration shall immediately implement the medication emergency procedures in this Policy if necessary;

(b) the person making the error in medication administration shall in all cases immediately notify the school nurse, principal, school nurse supervisor, and authorized prescriber.  The person making the error, in conjunction with the principal, shall also immediately notify the parent or guardian, advising of the nature of the error and all steps taken or being taken to rectify the error, including contact with the authorized prescriber and/or any other medical action(s).

(c) the principal shall notify the Superintendent or the Superintendent's designee.

(2) The school nurse, along with the person making the error, shall complete a report using the authorized medication error report form.  The report shall include any corrective action taken.

(3) Any error in the administration of medication shall be documented in the student's cumulative health record or, for before-and-after school programs and school readiness programs, in the child’s program record.

(4) These same procedures shall apply to coaches and licensed athletic trainers during intramural and interscholastic events, except that if the school nurse is not available, a report must be submitted by the coach or licensed athletic trainer to the school nurse the next school day.

1. Medication Emergency Procedures

(1) Whenever a student has a life-threatening reaction to administration of a medication, resolution of the reaction to protect the student's health and safety shall be the foremost priority.  The school nurse and the authorized prescriber shall be notified immediately, or as soon as possible in light of any emergency medical care that must be given to the student.  

(2) Emergency medical care to resolve a medication emergency includes but is not limited to the following, as appropriate under the circumstances:

(a) use of the 911 emergency response system;

(b) application by properly trained and/or certified personnel of appropriate emergency medical care techniques, such as cardio-pulmonary resuscitation;

(c) administration of emergency medication in accordance with this policy;

(d) contact with a poison control center; and

(e) transporting the student to the nearest available emergency medical care facility that is capable of responding to a medication emergency.

(3) As soon as possible, in light of the circumstances, the principal shall be notified of the medication emergency.  The principal shall immediately thereafter contact the Superintendent or the Superintendent's designee, who shall thereafter notify the parent or guardian, advising of the existence and nature of the medication emergency and all steps taken or being taken to resolve the emergency and protect the health and safety of the student, including contact with the authorized prescriber and/or any other medical action(s) that are being or have been taken.

1. Supervision

(1) The school nurse is responsible for general supervision of administration of medications in the school(s) to which that nurse is assigned.

(2) The school nurse's duty of general supervision includes, but is not limited to the following:

(a) availability on a regularly scheduled basis to:

(i) review orders or changes in orders, and communicate these to personnel designated to give medication for appropriate follow-up;

(ii) set up a plan and schedule to ensure medications are given properly;

(iii) provide training to licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and interscholastic athletics, licensed athletic trainers and to identified paraprofessionals designated in accordance with Section B(3)(f), above, which training shall pertain to the administration of medications to students, and assess the competency of these individuals to administer medication;

(iv) support and assist other licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics, licensed athletic trainers and identified paraprofessionals designated in accordance with Section B(3)(f), above, to prepare for and implement their responsibilities related to the administration of specific medications during school hours and during intramural and interscholastic athletics as provided by this policy;

(v) provide appropriate follow-up to ensure the administration of medication plan results in desired student outcomes; and

(vi) provide consultation by telephone or other means of telecommunications, which consultation may be provided by an authorized prescriber or other nurse in the absence of the school nurse.  

(b) In addition, the school nurse shall be responsible for:

(i) implementing policies and procedures regarding the receipt, storage, and administration of medications;

(ii) reviewing, on a periodic basis, all documentation pertaining to the administration of medications for students;

(iii) perform observations of the competency of medication administration by full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(e), above, and identified paraprofessionals designated in accordance with Section B(3)(f), above, who have been newly trained to administer medications; and,

(iv) conducting periodic reviews, as needed, with licensed nursing personnel, full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(e), above, and identified paraprofessionals designated in accordance with Section B(3)(f), above, regarding the needs of any student receiving medication.

1. Training of School Personnel

(1) Full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(e), above, and identified paraprofessionals designated in accordance with Section B(3)(f), above, who are designated to administer medications shall at least annually receive training in their safe administration; and only trained full-time principals, full-time teachers, full-time licensed physical or occupational therapist employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(e), above, and identified paraprofessionals designated in accordance with Section B(3)(f), above, shall be allowed to administer medications.

(2) Training for full-time principals, full-time teachers, full-time licensed physical or occupational therapists employed by the school district, coaches of intramural and/or interscholastic athletics and licensed athletic trainers in accordance with Section B(3)(e), above, and identified paraprofessionals designated in accordance with Section B(3)(f), above, shall include, but is not necessarily limited to the following:

(a) the general principles of safe administration of medication;

(b) the procedures for administration of medications, including the safe handling and storage of medications, and the required record-keeping;

(c) specific information related to each student’s medication plan, including the name and generic name of the medication, indications for medication dosage, routes, time and frequency of administration, therapeutic effects of the medication, potential side effects, overdose or missed doses of the medication, and when to implement emergency interventions.

(3) The principal(s), teacher(s), licensed athletic trainer(s), licensed physical or occupational therapist(s) employed by the Board, coach(es) and/or school paraprofessional(s) who administer epinephrine as emergency first aid, pursuant to Section D above, shall annually completed the training program developed by the Departments of Education and Public Health and training in cardiopulmonary resuscitation and first aid.

(4) The Board shall maintain documentation of medication administration training as follows:

(a) dates of general and student-specific trainings;

(b) content of the trainings;

(c) individuals who have successfully completed general and student-specific administration of medication training for the current school year; and

(d) names and credentials of the nurse or school medical advisor, if any, trainer or trainers.

(5) Licensed practical nurses may not conduct training in the administration of medication to another individual.

1. Handling, Storage and Disposal of Medications

(1) All medications, except those approved for transporting by students for self-medication, those administered by coaches of intramural or interscholastic athletics or licensed athletic trainers in accordance with Section B(3)(e) above, and epinephrine to be used for emergency first aid in accordance with Section D above, must be delivered by the parent, guardian, or other responsible adult to the nurse assigned to the student's school or, in the absence of such nurse, the school principal who has been trained in the appropriate administration of medication.  Medications administered by coaches of intramural or interscholastic athletics or licensed athletic trainers must be delivered by the parent or guardian directly to the coach or licensed athletic trainer in accordance with Section B(3)(e) above.  

(2) The nurse shall examine on-site any new medication, medication order and the required authorization to administer form, and, except for epinephrine to be used as emergency first aid in accordance with Section D above, shall develop a medication administration plan for the student before any medication is given to the student by any school personnel.  No medication shall be stored at a school without a current written order from an authorized prescriber.

(3) The school nurse shall review all medication refills with the medication order and parent authorization prior to the administration of medication, except for epinephrine intended for emergency first aid in accordance with Section D above.

(4) Emergency Medications

(a) Except as otherwise determined by a student’s emergency care plan, emergency medications shall be stored in an unlocked, clearly labeled and readily accessible cabinet or container in the health room during school hours under the general supervision of the school nurse, or in the absence of the school nurse, the principal or the principal’s designee who has been trained in the administration of medication;

(b) Emergency medication shall be locked beyond the regular school day or program hours, except as otherwise determined by a student’s emergency care plan.

(5) All medications, except those approved for keeping by students for self-medication, shall be kept in a designated and locked location, used exclusively for the storage of medication.  Controlled substances shall be stored separately from other drugs and substances in a separate, secure, substantially constructed, locked metal or wood cabinet.

(6) Access to stored medications shall be limited to persons authorized to administer medications.  Each school or before-and-after school program and school readiness program shall maintain a current list of such authorized persons.

(7) All medications, prescription and non-prescription, shall be delivered and stored in their original containers and in such a manner that renders them safe and effective.

(8) At least two sets of keys for the medication containers or cabinets shall be maintained for each school building or before-and-after school program and school readiness program.  One set of keys shall be maintained under the direct control of the school nurse or nurses and an additional set shall be under the direct control of the principal and, if necessary, the program director or lead teacher who has been trained in the general principles of the administration of medication shall also have a set of keys.

(9) Medications that must be refrigerated shall be stored in a refrigerator, at no less than 36 degrees Fahrenheit and no more than 46 degrees Fahrenheit.  The refrigerator must be located in the health office that is maintained for health services with limited access.  Non-controlled medication may be stored directly on the refrigerator shelf with no further protection needed.  Controlled medication shall be stored in a locked box which is affixed to the refrigerator shelf.

(10) All unused, discontinued or obsolete medications shall be removed from storage areas and either returned to the parent or guardian or, if the medication cannot be returned to the parent or guardian, the medication shall be destroyed in collaboration with the school nurse:

(a) non controlled drugs shall be destroyed in the presence of at least one witness;  

(b) controlled drugs shall be destroyed in pursuant to Section 21a-262-3 of the Regulations of Connecticut State Agencies;

(c) accidental destruction or loss of controlled drugs must be verified in the presence of a second person, including confirmation of the presence or absence of residue and jointly documented on the student medication administration record and on a medication error form pursuant to Section 10-212a(b) of the Connecticut General Statutes.  If no residue is present, notification must be made to the Department of Consumer Protection pursuant to Section 21a-262-3 of the Regulations of Connecticut State Agencies.

(11) Medications to be administered by coaches of intramural or interscholastic athletic events or licensed athletic trainers shall be stored:

(a) in containers for the exclusive use of holding medications;

(b) in locations that preserve the integrity of the medication;

(c) under the general supervision of the coach or licensed athletic trainer trained in the administration of medication; and

(d) in a locked secured cabinet when not under the general supervision of the coach or licensed athletic trainer during intramural or interscholastic athletic events.

(12) In no event shall a school store more than a three (3) month supply of a medication for a student.

1. School Readiness Programs and Before-and-After School Programs

(1) As determined by the school medical advisor, if any, and school nurse supervisor, the following procedures shall apply to the administration of medication during school readiness programs and before-and-after school programs run by the Board, which are exempt from licensure by the Office of Early Childhood:

(a) Administration of medication at these programs shall be provided only when it is medically necessary for participants to access the program and maintain their health status while attending the program.

(b) Except as provided by Section D above, no medication shall be administered in these programs without:

(i) the written order of an authorized prescriber; and

(ii) the written authorization of a parent or guardian or an eligible student.

(c) A school nurse shall provide consultation to the program director, lead teacher or school administrator who has been trained in the administration of medication regarding the safe administration of medication within these programs.  The school medical advisor and school nurse supervisor shall determine whether, based on the population of the school readiness program and/or before-and-after school program, additional nursing services are required for these programs.

(d) Only school nurses, directors or directors’ designees, lead teachers or school administrators who have been properly trained may administer medications to students as delegated by the school nurse or other registered nurse or other registered nurse.  Properly trained directors or directors’ designees, lead teachers or school administrators may administer oral, topical, intranasal or inhalant medications.  Investigational drugs or research or study medications may not be administered in these programs.

(e) Students attending these programs may be permitted to self-medicate only in accordance with the provisions of Section B(3) of this policy.  In such a case, the school nurse must provide the program director, lead teacher or school administrator running the program with the medication order and parent permission for self-administration.

(f) In the absence of the school nurse during program administration, the program director, lead teacher or school administrator is responsible for decision making regarding medication administration.

(g) Cartridge injector medications may be administered by a director, lead teacher or school administrator only to a student with a medically-diagnosed allergic condition which may require prompt treatment to protect the student against serious harm or death.

(2) Local poison control center information shall be readily available at these programs.

(3) Procedures for medication emergencies or medication errors, as outlined in this policy, must be followed, except that in the event of a medication error a report must be submitted by the program director, lead teacher or school administrator to the school nurse the next school day.

(4) Training for directors or directors’ designees, lead teachers or school administrators in the administration of medication shall be provided in accordance with Section I of this policy.

(5) All medications must be handled and stored in accordance with Section H of this policy.   Where possible, a separate supply of medication shall be stored at the site of the before-and-after or school readiness program.  In the event that it is not possible for the parent or guardian to provide a separate supply of medication, then a plan shall be in place to ensure the timely transfer of the medication from the school to the program and back on a daily basis.

(6) Documentation of any administration of medication shall be completed on forms provided by the school and the following procedures shall be followed:

(a) a medication administration record for each student shall be maintained by the program;

(b) administration of a cartridge injector medication shall be reported to the school nurse at the earliest possible time, but no later than the next school day;

(c) all instances of medication administration, except for the administration of cartridge injector medication, shall be reported to the school nurse at least monthly, or as frequently as required by the individual student plan; and