Policy AC - Nondiscrimination/Equal Opportunity and Affirmative Action 

NONDISCRIMINATION/EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION

The South Portland Board of Education is committed to maintaining a workplace and learning environment that is free from illegal discrimination and harassment on the basis of sex, or other protected categories in its education programs and activities, as required by federal and state laws/regulations.

The Board of Education directs the school administration to implement and conduct a continuing program designed to prevent discrimination against all applicants, employees, students, and other individuals having access, and rights to school premises and activities to implement this policy.

Discrimination against and harassment of school employees, or candidates for employment because of actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information are prohibited.

Discrimination against and harassment of students because of actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry, physical or mental disability, or national origin are prohibited.

For the purpose of this policy, “race” includes traits associated with race, including but not limited to, hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

The South Portland School Department has designed and authorized both an Affirmative Action Officer and a Title IX Coordinator who are responsible for ensuring compliance with all Federal and State requirements relating to nondiscrimination including sexual harassment. Both the Affirmative Action Officer and the Title IX Coordinator are persons with direct access to the Superintendent

The South Portland School Department has implemented complaint procedures for resolving complaints of discrimination/harassment and sexual harassment under this policy. The South Portland School Department provides required notices of these complaint procedures and how they can be accessed, as well as the school department’s compliance with federal and state civil rights laws and regulations to all applicants for employment, employees, students, parents, vendors, contractors and other interested parties.

Legal Reference:

Equal Employment Opportunities Act of 1972 (P.L. 92-261) amending Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000 (e) et seq.)

Title IX of the Education Amendments of 1972 (20 U.S.C. § 16881 et seq.): 34 C.F.R. Part 106 (Title IV regulations)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d)

Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.)

Equal Pay Act of 1963 (29 U.S.C. § 206)

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

Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), as amended

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)

Maine Human rights (5 MRSA § 4551 et seq.), as amended

Cross Reference:

South Portland Department Affirmative Action Plan

ACAA Harassment and Sexual Harassment of Students

ACAA-R- Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

ACAB Harassment and Sexual Harassment of School Employees

ACAB-R- Employee Discrimination/Harassment and Title IX Sexual Harassment Complaint

Procedures

Adopted: October 13, 1980

Revised: April 13, 1981

Revised: January 13, 1981

Revised: January 11, 1999

Adopted: May 14, 2001

Revised: November 9, 2009

Revised: December 10, 2012

Revised: September 16, 2020 Revised: November 14, 2022

AC-R - THE AFFIRMATIVE ACTION PROGRAM

The following plan for providing equal employment opportunity is hereby approved by the Board for use by the Superintendent in the administration of personnel activities for all employees:

EMPLOYMENT

A. The Board affirms that it will employ without discrimination on the basis of race, color, religion, sex, national origin, disability, sexual orientation, or age the best-qualified candidates who are available at the salary levels established for school employment.

B. The Board further recognizes its obligation to comply with the provisions of the Equal Opportunity Act of 1972, Title IX, and the Maine Human Rights Act of 1972 as amended, and the Code of Ordinance, City of South Portland, Maine which prohibits such discrimination in employment.

C. Therefore, the Board directs all concerned to take such affirmative action as is necessary to enforce and promote the Board’s policy of equal employment opportunity by implementing a continuing program which:

1. Prevents any unlawful discrimination in recruitment, hiring, layoff, termination, upgrading, demotion, transfer, compensation, or privileges of employment;

2. Determines whether any qualified applicants or employees are being subjected to unlawful discrimination because of race, color, age, religion, sex, national origin, sexual orientation, or disability and provide for appropriate corrective action;

3. Identifies and corrects those techniques, procedures, and results of personnel actions which may have an adverse effect on the employment opportunities or status of such applicants or employees;

4. Achieves the most efficient utilization of skills that may be identified and developed among all school employees, for the purpose of rendering better service to the students of this administrative unit.

5. Recognizes that standards for termination, layoff, demotion, or discipline must be the same for all employees.

IMPLEMENTATION

A. The Superintendent of Schools holds primary responsibility for the operation and success of the Affirmative Action Program. The responsibility has been delegated to the Equal Employment Opportunity Officer/Affirmative Action Officer (referred to hereafter as the “Officer”).

B. The Officer’s responsibilities include, but are not limited to the following:

1. Managing the organization, implementation, and all continuing aspects of the Affirmative Action Program;

2. Disseminating information and guidelines and interpreting federal and state requirements as they apply to personnel employed by this Board.

3. Working with administrators and supervisory staff to identify and correct problem areas;

4. Maintaining records and reports relating to recruitment, hiring, interviews, disciplinary action, promotion, transfer, and termination in order to comply with existing requirements;

5. Initiating remedial action or correcting any unlawful practices which may be brought to the Officer’s attention; and

6. Reporting to the Superintendent of Schools, when necessary, any findings and recommendations for enforcing compliance with the program.

C. Each person involved with the screening, selection, hiring, and promotion of applicants or employees is responsible to the Superintendent of Schools for:

1. Prevention of unlawful discrimination and proper enforcement of this policy;

2. Identification and reporting to the Officer any problem area in interpretation or application of policy guidelines and the disposition of any charge or grievance involving alleged discrimination; and

3. Maintenance of such records, reports, and documents as the Officer may be required to conform to existing law.

AFFIRMATIVE ACTION GRIEVANCE PROCEDURE

As it relates to the Affirmative Action policies of the South Portland School Department, the following procedure is stated to ensure that discrimination does not take place in employment, curriculum, or co-curricular or athletic programs.

The District does not discriminate in the educational policies, programs and practices which it operates and will honor all appropriate laws relating to discrimination in regard to race/color, sex, religion, ancestry, national origin, age, physical/mental disability. In regard to employment policy the South Portland School Department will not discriminate in the area of sexual orientation as well as those state above.

Definitions:

1. Grievance – a complaint alleging any policy, procedure or practice that would be prohibited by non-discrimination laws.
2. Grievant – any student or employee of this school district who submits a grievance relevant to nondiscrimination laws or an individual or group submitting on behalf of student(s) or employee(s).
3. Claim – the charge spelled out in its entirety, of discrimination and is limited to the provisions contained within the Affirmative Action Plan.
4. AA Officer/Coordinator – the employee designated to coordinate the School Board’s efforts to comply with the Affirmative Action Program. The person with whom a grievance may be filed.
5. Respondent – the person alleged to be responsible for the violation alleged in the grievance.
6. Grievance Answer – the written statement of the respondent regarding the grievance allegation.
7. Grievance Decision – the written statement of a Hearing Officer of his/her findings regarding the validity of the grievance allegation and the corrective action to be taken.
8. Hearing Officer – the representative of the School Board who is the delegated authority for hearing/resolving grievance at a Level 3 or Level 4 proceeding.
9. Corrective Action – action taken by the School Board or its delegated representative to eliminate or modify any procedure or practice found to be in violation of nondiscriminatory regulations and/or to provide redress to any grievant injured by the identified violation.
10. Day – means a working day (excludes Saturdays, Sundays, holidays, vacations).

Filing of Grievances:

1. Eligibility for Filing: Any student or employee, or any individual or group acting on behalf of a student or employee may file a grievance with the Affirmative Action Officer/Coordinator or Building Principal.

2. Informal Grievance Procedure – Level 1:

a. Report (not required to be in writing) incident to the appropriate discipline person (teacher, building principal, etc.). This person will meet with the person charged with the harassment and clarify specific behaviors that are unacceptable. Assign consequences and inform of further consequences if the unacceptable behavior continues.
b. The appropriate discipline person will keep an incident report and will send a copy of that incident report to the AA Officer/Coordinator.

3. Informal Grievance – Level 2:

a. Grievance may be filed with the Building Principal or AA Officer/Coordinator in writing and should be filed within six (6) months of the alleged act. The Building Principal shall contact the AA Officer/Coordinator immediately to request an information conference to discuss the grievance.
b. The AA Officer/Coordinator shall hold a pre-grievance meeting between the respondent and grievant within five (5) days of filing to collect data and shall make reasonable effort to resolve the problem without utilizing the formal grievance procedure.
c. This informal procedure shall not be a prerequisite to filing a formal grievance.
d. If the matter is not resolved within ten (10) days, the formal procedure will be initiated by the grievant.

4. Formal Grievance Procedure – Level 3 and Level 4:

a. The grievant shall inform the AA Officer/Coordinator that he/she is initiating the formal grievance procedure.
b. Within five (5) days of the filing of the grievance, the AA Officer/Coordinator shall notify the respondent of the grievance and of his/her responsibility for submission of a written grievance answer within five (5) days after receipt of the grievance notification.
c. Respondent’s Grievance Answer: The respondent shall, within five (5) days of receipt of a copy of the grievance, submit to the AA Officer/Coordinator, a written grievance answer. Such answer shall:
1) Confirm or deny each fact alleged in the grievance and in the respondent’s answer.
2) Indicate the extent to which the grievance has merit;
3) Indicate acceptance or rejection of any desired redress specified by the grievant, or outline an alternative proposal for resolution.

d. The AA Officer/Coordinator will send a copy of the grievance and the respondent’s grievance answer to the Building Principal and the Superintendent.

e. Level 3:
1) Confirm or deny each fact alleged in the grievance and in the respondent’s answer.
2) Indicate the extent to which the grievance has merit;
3) Indicate acceptance or rejection of any redress specified by the grievant or respondent; or
4) Indicate that the Hearing Officer will conduct an informal hearing on the grievance before rendering a decision.

f. Level 3 – Hearing:
1) The AA Officer/Coordinator shall arrange a date for the Level 3 Hearing and notify the grievant, the respondent and the Superintendent. The hearing shall be held within five (5) days after the appeal.
2) Persons present at the formal hearing shall be the grievant, the respondent, any individual requested by either party to provide assistance relevant to consideration of the grievance and the AA Officer/Coordinator.
3) Any procedures established to govern the conduct of the Level 3 hearing shall be at the discretion of the AA Officer/Coordinator.
4) Within five (5) days of the hearing, the Superintendent shall issue a written hearing decision that includes a statement regarding the validity of the grievance allegation, and a specification of any corrective action to be taken. Copies of the decision shall be sent to the grievant, respondent, and the AA Officer/Coordinator.

g. Level 4:
1) If the grievant rejects the Level 3 hearing decision or receives no written decision within the time specified above, he/she shall, within six (6) days of receipt of the hearing decision, notify the AA Officer/Coordinator of his/her intent to appeal to Level 4. This notification shall be in writing.
2) The Hearing Officer serving in Level 4 hearings shall be the School Board or representatives designated by the Board.
3) For any grievance referred for hearing at Level 4, there shall be two (2) alternative methods for grievance processing:
a) The grievance hearing may be conducted by the Board in its entirety.
b) The grievance hearing may be conducted by a sub-group of at least for (4) members of the Board.
c) The hearing shall be held within fifteen (15) days after appeal of grievance to Level 4 or no later than the next regularly scheduled Board meeting.
d) Any written materials or records submitted to the Board by the AA Officer/Coordinator shall also be transmitted to the grievant and the respondent. Both grievant and the respondent shall have the right to present such witnesses as they deem necessary to develop the facts pertinent to the grievance.
e) Issuance of the final hearing decision shall be by written statement regarding the validity of the grievance and any corrective action to be taken within five (5) days after the Level 4 hearing. The decision shall also include a statement of the reasons on which the decision has been based. Copies of the decision shall be sent to all members of the Board, the grievant, the respondent and the AA Officer/Coordinator.
f) The AA Coordinator shall act as grievant advocate if so desired by the grievant. If not so requested, he/she will observe the hearing and act as recorder.
g) The final Level 4 decision shall be made by a vote of the majority of the Board.

Other Issues:

1. Confidentiality: The grievant shall determine whether any grievance procedure shall be open to the public. A grievant shall have the right to determine whether or not his/her grievance record shall be open or closed to the public.

2. Maintenance of Grievance Records:
a. Any grievant may, at his/her expense, record any grievance hearing or proceeding on a tape recorder or similar device.
b. Written records of each grievance shall be maintained by the AA Officer/Coordinator. These records shall be maintained on a confidential basis unless otherwise specified by the grievant.
c. Public grievance files shall be maintained by the AA Officer/Coordinator for purposes of grievance precedents.
d. This separate public file shall indicate only the subject matter of each grievance, the resolution of the grievance, and the date of the resolution. These records, which shall be open to the public, shall not refer to any specific individuals.
e. All written records shall be maintained in the Office of the Superintendent for a minimum of three years after the resolution of the grievance.

Prohibition of Harassment

No person shall be subjected to discharge, suspension, discipline, or harassment or any form of discrimination for having utilized or having assisted others in utilizing this grievance procedure.

Nothing in this procedure shall prevent any grievant from filing a complaint directly with:

Maine Human Rights Commission
51 State House Station
Augusta, ME 04333
(207) 287-6050

Department of Education Affirmative Action Office
23 State House Station
Augusta, ME 04333
(207) 287-5800

Director, Office of Civil Rights
Department of Education
Washington, DC 20402

ADVISORY COMMITTEE

A. An Affirmative Action Advisory Committee shall be formed with the following representation:

1. One elementary and one secondary teacher selected by the Teachers Association;
2. Two non-classified employees.
3. One secondary or elementary administrator appointed by the administrators;
4. One member of the Board of Education;
5. Two secondary school students appointed by the student council
6. The Officer shall serve as ex-officio member of the committee.

B. The committee shall be elected annually in September and shall meet in October to review existing procedures and give written recommendations to the Superintendent. The committee chair and the Officer may call other meetings jointly.

C. The chair shall be elected annually.

STUDENT AFFIRMATIVE ACTION PROGRAM

The following plan for providing equal educational opportunity is hereby approved by the Board for use by the Superintendent of Schools in the administration of educational programs for all students of the South Portland School Department.

I. Student Rights

The South Portland Board of Education affirms the following student rights: “No person on the basis of sex shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity.”

A. Comparable facilities: The South Portland School Department will continue to provide separate toilets, locker rooms, and shower facilities for each sex, and such facilities for students of one sex shall be comparable to facilities provided for students of the other sex.

B. Course offerings: All course offerings shall be open to members of both sexes.

C. Physical Education: All physical education classes shall be organized to comply with Title IX. Grouping shall be done in compliance.

D. Counseling: Appraisal materials shall not be used on the basis of sex.

Adopted: May 14, 2001
Revised: December 10, 2012

ACAA - HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS

HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS

It is the intent of the South Portland School Board to provide all students with an equitable opportunity to learn. To that end, the Board has a significant interest in providing a safe, orderly and respectful school environment that is conducive to teaching and learning. Harassment and sexual harassment are detrimental to student learning and achievement

Harassment of students because of actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry, physical or mental disability, or national origin are prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. For the purpose of this policy, “race” includes traits associated with race, including but not limited to, hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

School employees, fellow students, volunteers, visitors to the schools, and other persons with whom students may interact in order to pursue or engage in education programs and activities, are required to refrain from such conduct.

Harassment and sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge. Harassment and sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion. The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students.

A.    Harassment: Harassment includes but is not limited to verbal abuse and other offensive conduct based on actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry, physical or mental disability, or national origin are prohibited. Harassment that rises to the level of physical assault, battery and/or abuse, and or bullying behavior are also addressed in the Board policy JICIA – Weapons, Violence and School Safety and JICK- Bullying.

B.     Sexual Harassment: Sexual harassment is addressed under federal and state laws/regulations. The scope and definitions of sexual harassment under these laws differ, as described below.

a.       TITLE IX SEXUAL HARASSMENT:  Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

i.                 “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a better grade or a college recommendation) on an individual’s participation in unwelcome sexual conduct;

ii.              “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

iii.            Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

b.      Sexual Harassment Under Maine Law: Under Maine law, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a

sexual nature in the following situations:

i.                 Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits;

ii.              Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or

iii.            Such conduct has the purpose and effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile or offensive environment.

C.     Reports and Complaints of Harassment or Sexual Harassment

All school employees are required to report possible incidents of harassment or sexual harassment involving students to the Affirmative Action Officer or the Title IX Coordinator. Failure to report such incidents may result in disciplinary action.

Students, parents/legal guardians, and other individuals are strongly encouraged to report possible incidents of harassment or sexual harassment involving students to the Affirmative Action Officer or the Title IX Coordinator. The Affirmative Action Officer or the Title IX Coordinator is also available to answer questions and provide assistance to any individual who is unsure whether harassment or sexual harassment has occurred.

All reports and complaints of harassment or sexual harassment against students shall be addressed through the Student Discrimination/Harassment and Title IX Sexual Harassment Procedures (ACAA-R).

Legal Reference:

Americans with Disabilities Act (42 U.S.C. §12101 et seq., as amended; 28 C.F.R. § 35.107)

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq., as amended; 34 C.F.R. § 104.7)

Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.); 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34  U.S.C. §12291(a)(3) – definition of stalking; 34 U.S.C.

§12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d) Maine Human Rights Act, 5 MRSA § 4551 et seq.

20-A MRSA § 6553

MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, Ch. 4

Cross Reference:

ACAA-R – Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD – Hazing

GBEB- Staff Conduct with Students

JFCK-Student Use of Cellular Telephones and Other Electronic Devices

JICIA – Weapons, Violence and School Safety

JICK-Bullying

Adopted: May 9, 1988

Revised: January 11, 1999

Adopted: May 14, 2001

Revised: December 11, 2006

Revised: December 10, 2012

Revised: September 16, 2020

Revised: November 14, 2022

ACAA-R STUDENT DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE

ACAA-R

STUDENT DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE

The South Portland Board has adopted these student procedures in order to provide prompt and equitable resolution of reports and complaints of unlawful discrimination and harassment of students, including sexual harassment, as described in policies AC –Nondiscrimination/Equal Opportunity and Affirmative Action and ACAA – Harassment and Sexual Harassment of Students.  

Complaints alleging unlawful harassment or discrimination against employees based on a protected category should be addressed through the Board’s Employee Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures (ACAB-R).

Any individual who is unsure about whether unlawful discrimination or harassment has occurred and/or which complaint procedure applies is encouraged to contact the Affirmative Action Officer or the Title IX Coordinator.

Kathleen Cox, Director of Instructional Support/ Title IX Coordinator

130 Wescott Road

South Portland, Maine 04106 

871-0555 x3006

coxk@spsdme.org

Rick Kusturin Director of Finance, HR and Operations/Affirmative Action Officer 

130 Wescott Road

South Portland, Maine 04106

207-871-0555 x 3003

kusturri@spsdme.org

I. DEFINITIONS

For purposes of these complaint procedures, the following definitions will be used. The Affirmative Action Officer or Title IX Coordinator shall assess all reports and complaints to ensure that they are addressed under the appropriate policy and complaint procedure.

A. Discrimination/Harassment Complaint Procedure Definitions

1. “Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for students, includes actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry, physical or mental disability, or national origin are prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. For the purpose of this policy, “race” includes traits associated with race, including but not limited to, hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

2. “Discrimination”: Treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected category. 

3. “Harassment”: Oral, written, graphic, electronic or physical conduct relating to an individual’s actual or perceived membership in a protected category that is sufficiently severe, pervasive or persistent so as to interfere with or limit that individual’s ability to participate in the school unit’s programs or activities by creating a hostile, intimidating or offensive environment. 

4. “Sexual harassment”: Under Maine law, this means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the following situations:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of a student’s educational benefits;

b. Submission to or rejection of such conduct by a student is used as the basis for decisions on educational benefits; or

c. Such conduct has the purpose and effect of substantially interfering with a student’s academic performance or creates an intimidating, hostile or offensive environment.

5. “Sexual orientation”: Under Maine law, this means a person’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.” 

6. “Gender identity”: Under Maine law, this means “the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual,  regardless of the individual’s assigned sex at birth.” 

7. “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, gender identity, religion, ancestry, national origin or disability (and not otherwise addressed in the Title IX regulations and Section 3 of ACAA-R). 

8. Complaints of bullying not involving the protected categories or definitions described above may be addressed under Board Policy JICK – Bullying and Cyberbullying of Students.

B. Title IX Sexual Harassment Complaint Procedure Definitions

1. “Sexual Harassment”: Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

a. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a better grade or a college recommendation) on an individual’s participation in unwelcome sexual conduct;

b. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

c. Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

 2. “Report”: Under the Title IX regulations, any individual may make a report of sexual harassment involving a student, whether the individual is the alleged victim or not. School employees are required to report possible incidents of sexual harassment involving a student. A report must be made to the Title IX Coordinator. A report triggers certain actions by the Title IX Coordinator for the alleged victim of sexual harassment, but an investigation is not conducted unless a “Formal Complaint” is filed.

3. “Formal Complaint”: Under the Title IX regulations, the alleged victim of sexual harassment can file a written complaint that triggers the complaint procedure in Section 3 of ACAA-R. Only a student and/or their parent/legal guardian (and in certain circumstances, the Title IX Coordinator) may file a formal complaint. “Student”: For the purposes of this procedure, a student is an individual who is enrolled or participating in the school unit’s education programs and activities, or is attempting to enroll or participate.

II. DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE

This procedure should be used for any complaint of unlawful harassment or discrimination complaint based on a protected category which does not involve Title IX sexual harassment (which is addressed in Section 3). 

A. How to Make A Complaint

1. School employees are required to promptly make a report to the AAO or the Title IX Coordinator if they have reason to believe that a student has been discriminated against or harassed.

2. Students (and others) who believe that they, or another student has been harassed or discriminated against should report their concern promptly to the AAO or the Title IX Coordinator. 

3. The individual making the report must provide basic information in writing concerning the allegation of harassment or discrimination (i.e., date, time, location, individual(s) who allegedly engaged in harassment or discrimination, description of allegation) to the AAO or the Title IX Coordinator.

4. If an individual is unsure as to whether unlawful discrimination or harassment has occurred, or who need assistance in preparing a written complaint, they are encouraged to discuss the matter with the AAO or the Title IX Coordinator.  

5. Individuals will not be retaliated against for reporting suspected discrimination or harassment, or for participating in an investigation. Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary action, up to and including discharge for employees, and expulsion for students.

6. Individuals are encouraged to utilize the school unit’s complaint procedure.  However, individuals are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207- 624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8^th Floor, Boston, MA 02109-3921 (telephone:  617-289-0111).

B. Complaint Handling and Investigation

1. The AAO or the Title IX Coordinator will promptly inform the Superintendent and the person who is the subject of the complaint (respondent) that a complaint  has been received.

2. The AAO or the Title IX Coordinator may pursue an informal resolution of the complaint with the agreement of the parties involved. Any party to the complaint may decide to end the informal resolution process and pursue the formal process at any point. Any informal resolution is subject to the approval of the parties and the Superintendent, who shall consider whether the resolution is in the best interest of the school unit and the parties in light of the particular circumstances and applicable policies and laws.

3. The AAO or the Title IX Coordinator may implement supportive measures to a student to reduce the risk of further discrimination or harassment to a student while an investigation is pending. Examples of supportive measures include, but are not limited to, ordering no contact between the individuals involved or changing classes.

4. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the AAO or the Title IX Coordinator. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

5. The investigator shall consult with the AAO or the Title IX Coordinator as agreed during the investigation process.

6. The respondent will be provided with an opportunity to be heard as part of the investigation. The complainant shall not be required to attend meetings with the respondent, but may choose to do so as part of an informal resolution process.

7. The complainant and the respondent may suggest witnesses to be interviewed and/or submit materials they believe are relevant to the complaint.

8. If the complaint is against an employee of the school unit, any rights conferred under an applicable collective bargaining agreement shall be applied.  

9. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

10. The investigation shall be completed within 40 school days of receiving the complaint, if practicable. Reasonable extensions of time for good reason shall be allowed.

11. The investigator shall provide a written report and findings to the AAO or the Title IX Coordinator.

C. Findings and Subsequent Actions

1. The AAO or the Title IX Coordinator shall consult with the Superintendent concerning the investigation and findings.

2. If there is a finding that discrimination or harassment occurred, the AAO or the Title IX Coordinator, in consultation with the Superintendent shall:

a. Determine what remedial action, if any, is required to end the discrimination or harassment, remedy its effect and prevent recurrence;

and

 b. Determine what disciplinary action should be taken against the individual(s) who engaged in discrimination or harassment, if any.

3. Inform the complainant and the respondent in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

D. Appeals

1. After the conclusion of the investigation, the complainant or respondent may seek an appeal of the findings solely on the basis of either:

 (a) prejudicial procedural error or

(b) the discovery of previously unavailable relevant evidence that could significantly impact the outcome. 

2. Appeals must be submitted in writing to the Superintendent within five school days after receiving notice of the resolution. 

3. Upon receipt of a valid appeal, the Superintendent shall provide notice to the other party, along with an opportunity to provide a written statement within five school days.

4. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate. 

5. The Superintendent’s decision on the appeal shall be provided to the parties within 10 school days, if practicable. The Superintendent’s decision shall be final. 

E. Records

The AAO or the Title IX Coordinator shall keep a written record of the complaint process. 

III. TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURE

This section should be used only for complaints of Title IX sexual harassment as defined in Section 1.B.1.  A. How to Make A Report

1. School employees who have reason to believe that a student has been subjected

to sexual harassment is required to promptly make a report to the Title IX Coordinator.

2. Students, parents/legal guardians or other individuals who believe a student has been sexually harassed are encouraged to make a report to the Title IX Coordinator.

3. If the individual making the report is the alleged victim, or if the alleged victim is identified by the individual making the report, the Title IX Coordinator will meet with the alleged victim to discuss supportive measures that may be appropriate in the particular circumstances and explain the process for filing a formal complaint.

a. Supportive measures are individualized measures designed to ensure the student can continue to access educational programs and activities (such as requiring no contact between individuals or changing classes). 

b. Supportive measures may be continued even if the alleged victim chooses not to file a formal complaint, if appropriate under the particular circumstances.

4. The school unit cannot provide an informal resolution process for resolving a report unless a formal complaint is filed.

5. Individuals will not be retaliated against for reporting sexual harassment, or for participating in an investigation. Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary actions, up to and including discharge for employees, or expulsion for students.

6. Any student (or their parent/legal guardian) who believes they have been the victim of sexual harassment is encouraged to utilize the school unit’s complaint procedure. However, students (and their parents/legal guardians) are hereby notified that they also have the right to report sexual harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S.  Department of Education, 5 Post Office Square, 8^th Floor, Boston, MA 02109- 3921 (telephone: 617-289-0111).

7. The Superintendent shall be informed of all reports and formal complaints of sexual harassment.

B. How to Make A Formal Complaint

1. An alleged student victim and/or their parent/legal guardian may file a formal written complaint requesting investigation of alleged Title IX sexual harassment.  The written complaint must include basic information concerning the allegation of sexual harassment (i.e., date, time, location, individual(s) who allegedly engaged in sexual harassment, description of allegation).

Students who need assistance in preparing a formal written complaint, are encouraged to consult with the Title IX Coordinator. 

2. In certain circumstances, the Title IX Coordinator may file a formal complaint even when the alleged victim chooses not to. Examples include if the respondent (person alleged to have engaged in sexual harassment) has been found responsible for previous sexual harassment or there is a safety threat within the school unit. In such cases, the alleged victim is not a party to the case, but will receive notices as required by the Title IX regulations at specific points in the complaint process. 

3. In accordance with the Title IX regulations, the Title IX Coordinator must dismiss a formal complaint under this Title IX procedure if:

a. the conduct alleged in the formal complaint does not constitute sexual harassment   under the Title IX regulations and this policy; or

b. if the conduct alleged did not occur within the scope of the school unit’s education programs and activities, or

c. did not occur in the United States. 

4. In accordance with the Title IX regulations, the Title IX Coordinator may dismiss a formal complaint under this Title IX procedure if:

a. a complainant withdraws the formal complaint, or withdraws particular allegations within the complaint;

b.  the respondent is no longer employed by or enrolled in the school unit; or

c. there are specific circumstances that prevent the school unit from gathering evidence sufficient to reach a determination regarding the formal complaint. However, if the conduct potentially violates other policies or laws, it may be addressed through the applicable Board policy/procedure.

5. If a formal complaint is dismissed under this Title IX procedure, the Title IX Coordinator will promptly and simultaneously send written notices to the parties explaining the reasons. Parties have the opportunity to appeal dismissals in accordance with subsection I below.

6. If the conduct alleged in a formal complaint potentially violates other laws, Board policies and/or professional expectations, the school unit may address the conduct under Section 2 or another applicable Board policy/procedure. 

C. Emergency Removal or Administrative Leave

The Superintendent may remove a student from education programs and activities on an emergency basis, or place an employee on administrative leave during the complaint procedure:

1. If there is a determination (following an individualized safety and risk analysis) that there is an immediate threat to the physical health or safety of an individual arising from the allegations of sexual harassment. Examples of such circumstances might include, but are not limited to, a continued threat of violence against a complainant by a respondent, or a respondent’s threat of self-harm due to the allegations.

2. The respondent (and in the case of a student, their parent/legal guardian) will be provided notice of the emergency removal or administrative leave, and will be provided an opportunity to challenge the decision following the removal (this is an opportunity to be heard, not a hearing). The respondent has the burden to demonstrate why the emergency removal or administrative leave was unreasonable.

3. Any such decision shall be made in compliance with any applicable disability laws, including the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. 

D. Notice to Parties of Formal Complaint

1. The Title IX Coordinator will provide to the parties written notice of the formal complaint and allegations of sexual harassment potentially constituting prohibited conduct under the Title IX regulations and this procedure. The notice shall include:

∙ Notice regarding the complaint procedure and the availability of an informal resolution process;

∙ Sufficient details known at the time (including identities of parties, if known; the conduct alleged; and the date and location of the alleged incident, if known), with sufficient time to prepare before any initial interview (not less than five school days);

∙ As required by the Title IX regulations, a statement that the respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the complaint); and that the parties may inspect and review evidence; 

∙ Notice that the parties may each have an advisor of their choice (who may be an attorney), and that the parties may inspect and review evidence;

∙ Notice that knowingly making false statements or submitting false information during the complaint process is prohibited and may result in disciplinary action;

∙ Notice of the name of the investigator, with sufficient time (no less than three school days) to raise concerns of conflict of interest or bias.

2. If additional allegations become known at a later time, notice of the additional allegations will be provided to the parties.

3. The Title IX Coordinator will discuss supportive measures with each party and implement such measures as appropriate.

E. Informal Resolution Process

After a formal complaint has been filed, and if the Title IX Coordinator believes the circumstances are appropriate, the Title IX Coordinator may offer the parties the opportunity to participate in an informal resolution process to resolve the complaint without completing the investigation and determination process. Informal resolutions cannot be used to resolve a formal complaint where a student is the complainant and the respondent is an employee.

Informal resolutions can take many forms, depending on the particular case. Examples include, but are not limited to, facilitated discussions between the parties; restorative justice; acknowledgment of responsibility by a respondent; apologies; disciplinary actions against a respondent or a requirement to engage in specific services; or supportive measures. Both parties must voluntarily agree in writing to participate in an informal resolution process, and either party can withdraw from the process at any time.

The Superintendent must agree to the terms of any informal resolution reached between the parties. If an informal resolution agreement is reached, it must be signed by both parties and the school unit. Any such signed agreement is final and binding according to its terms. 

If an informal resolution process does not resolve the formal complaint, nothing from the informal resolution process may be considered as evidence in the subsequent investigation or determination.

F. Investigation

1. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the Title IX Coordinator. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

2. The investigator shall consult with the Title IX Coordinator as agreed during the investigation process.

3. If the complaint is against an employee of the school unit, rights conferred under an applicable collective bargaining agreement shall be applied, to the extent, they do not conflict with the Title IX regulatory requirements.

4. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

5. The investigator will:

a. Meet with each party after they have received appropriate notice of any meeting and its purpose, with sufficient time to prepare.

b. Allow parties a reasonable opportunity to identify witnesses and submit favorable and unfavorable evidence.

c. Interview witnesses and conduct such other activities that will assist in ascertaining facts (site visits, review of documents, etc.).

d. Consider evidence that is relevant and directly related to the allegations in the formal complaint.

e. During the course of the investigation, provide both parties with an equal opportunity to inspect and review any evidence that is obtained in the investigation that is directly related to the allegations in the formal complaint (including evidence which the school unit does not intend to rely upon in reaching a determination of responsibility), and favorable and unfavorable evidence. 

f. Prior to completion of the investigation report, provide each party and advisor (if any) the evidence subject to inspection and review, and provide the parties with ten school days to submit a written response.

g. Consider the parties’ written responses to the evidence prior to completing the investigation report.

h. Create an investigative report that fairly summarizes relevant evidence and send the report to the parties and advisors (if any), for their review and written responses within ten school days of receipt. 

i. After receipt of the parties’ written responses (if any), forward the investigation report and party responses to the assigned decision maker.

6. The investigation shall be concluded within 40 school days if practicable.  Reasonable extension of time for good reason shall be allowed.

G. Determination of Responsibility

1. The decision maker shall provide the parties with the opportunity to submit written, relevant questions that the party wants asked of another party or witness within five school days of when the decision maker received the investigation report and party responses. 

a. The decision maker shall explain to a party proposing questions if the decision maker excludes a question as not relevant.

2. Each party shall be provided the opportunity to review the responses of another party and/or witness, and to ask limited written follow-up questions within five school days of receiving the answers.

3. Each party will receive a copy of the responses to any follow-up questions.

4. The decision maker shall review the investigation report, the parties’ responses and other relevant materials, applying the preponderance of the evidence standard (“more likely than not”). 

5. The decision maker shall issue a written determination, which shall include the following: 

a. Identification of all the allegations potentially constituting sexual harassment as defined in the Title IX regulations and this policy;

b. A description of the procedural steps taken from receipt of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and meetings held;

c. A determination regarding responsibility as to each allegation and findings of fact supporting the determinations;

d. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the school unit imposes on the respondent, and whether remedies designed to restore or preserve equal access to the school unit’s programs and activities will be provided to the complainant;

e. The school unit’s appeal procedure and permissible bases for the parties to appeal the determination.

6. The written determination shall be provided to the parties simultaneously. The determination concerning responsibility becomes final either on the date that the school unit provides the parties with the written determination of the results of  the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

H. Remedies, Discipline and Other Actions

1. Remedies

Remedies are measures used to ensure that the complainant has equal access to the school unit’s education programs and activities following the decision-maker’s determination. Such remedies may include supportive measures, and may include other appropriate measures, depending upon the determination and the needs of the complainant. The Title IX Coordinator is responsible for implementing remedies and providing any needed assistance to the Complainant.

2. Discipline and Other Actions - Students

The following are of the types of discipline and other actions that may be imposed on a student when there is a determination that they are responsible for one or more violations involving sexual harassment:

∙ In or out-of-school suspension.

∙ Expulsion.

∙ Restorative justice.

∙ Requirement to engage in education or counseling program.

3. Discipline and Other Actions – Employees

The following are examples of the types of disciplinary actions that may be imposed on an employee when there is a determination that they are responsible for one or more violations involving sexual harassment:

∙ Written warning.

∙ Probation.

∙ Demotion.

∙ Suspension without pay.

∙ Discharge.

The following are examples of other types of actions that may be imposed on an employee when there is a determination of responsibility:

∙ Performance improvement plan.

∙ Counseling.

∙ Training.

∙ Loss of leadership/stipend position. 

I. Appeals

The parties have the opportunity to appeal a determination regarding responsibility, and from dismissals of formal complaints. Under the Title IX regulations, appeals are allowed on the following grounds:

1. A procedural irregularity that affected the outcome of the matter;

2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal of the formal complaint was made, that could affect the outcome of the matter; or 

3. The Title IX Coordinator, investigator, or decision maker 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.

An appeal must be filed in writing within five school days of receiving the determination, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline are not timely and shall not be considered.

1. Appeals must be filed with the Superintendent, who will consider the appeal.

2. The Superintendent shall notify the other party in writing of the appeal and will allow both parties to submit a written statement in support of, or challenging, the determination of the decision maker.

3. The Superintendent shall conduct an impartial review of the appeal, including consideration of the written record of the matter, and may consult with legal counsel or other school unit officials in making their decision.

4. The Superintendent shall issue a written decision describing the result of the appeal and rationale for the result, and provide the written decision simultaneously to the parties. The decision will either deny the appeal; grant the appeal and remand to the decision maker for further consideration; or grant the appeal by revising the disciplinary or other action(s).

J. Records

Records in connection with sexual harassment reports and the complaint process shall be maintained for a minimum of seven years.

Legal Reference: Americans with Disabilities Act (42 U.S.C. §12101 et seq., as amended; 28 C.F.R. § 35.107)

Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et  seq., as amended; 34 C.F.R. § 104.7)

Title IX of the Education Amendments of 1972 (20 USC § 1681, et seq.); 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C.  §12291(a)(3) – definition of stalking; 34 U.S.C. §12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 USC § 2000d)

Maine Human Rights Act, 5 MRSA § 4551 et seq. 20-A MRSA § 6553

MHRC/MDOE Joint Rule Chapter 94-348 and 05-071, ch. 4

Cross Reference: ACAA-R – Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures

AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAD – Hazing

GBEB – Staff Conduct with Students

JFCK – Student Use of Cellular Telephones and Other Electronic Devices

JICIA – Weapons, Violence and School Safety

JICK – Bullying

Adopted: June, 11, 2007

December 10, 2012

Revised: September 16, 2020

Revised: December 12, 2022

ACAB - HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES

HARASSMENT AND SEXUAL HARASSMENT OF SCHOOL EMPLOYEES

Harassment of school employees because of actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information are prohibited. Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws.

For the purpose of this policy, “race” includes traits associated with race, including but not limited to, hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

Any employee who engages in harassment or sexual harassment shall be subject to disciplinary action, up to and including discharge.

A.  Harassment

Harassment includes but is not limited to verbal abuse, threats, physical assault and/or battery based on actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information. Under the Maine Civil Rights Act, violence or threats of violence against a person or their property based on their sexual orientation are also illegal.

B.   Sexual Harassment

Sexual harassment is addressed under federal and state laws and regulations. The scope and definitions of sexual harassment under these laws differ, as described below.

1.  Title IX Sexual Harassment

Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

a.       “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a promotion or favorable evaluation) on an individual’s participation in unwelcome sexual conduct;

b.      “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

c.       Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

2.  Sexual Harassment Under Title VII and Maine Law

Under another federal law, Title VII, and under Maine law/regulations, sexual harassment is defined differently. Maine Human Rights Commission regulations define sexual harassment as conduct on the basis of sex which satisfies one or more of the following:

a.       Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b.      Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or

c.       Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

C.   Reports and Complaints of Harassment or Sexual Harassment

Any employee who believes they have been harassed or sexually harassed is encouraged to make a report to the Affirmative Action Officer or the Title IX Coordinator. The Affirmative Action Officer or the Title IX Coordinator is also available to answer questions and provide assistance to any individual who is unsure whether harassment or sexual harassment has occurred.

All reports and complaints regarding harassment or sexual harassment of employees shall be addressed through the Employee & Third-Party Unlawful Discrimination/ Harassment and Title IX Sexual Harassment Complaint Procedures (ACAB-R).

Legal References

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.); 34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34

U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C. §12291(a)(3) – definition of  stalking; 34

U.S.C. §12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d)

Americans with Disabilities Act (42 U.S.C § 12101 et seq.), as amended

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

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et. seq.; 29 C.F.R. § 1604.11)

Age Discrimination in Employment Act (29 U.S.C. § 623 et seq.)

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.) 5 MRSA § 4551 et seq.

MHRC Rule Chapter 94-348, Ch. 3

26 MRSA §§ 806-807

Cross Reference

ACAB-R- Employee Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedure

AC - Nondiscrimination/Equal Opportunity and Affirmative Action ACAD – Hazing

Adopted: May 14, 2001

Revised: November 8, 2004

Revised: November 14, 2012

Revised September 16, 2020

Revised: November 14, 2022

ACAB-R HARASSMENT AND SEXUAL HARASSMENT OF EMPLOYEES COMPLAINT PROCEDURE

EMPLOYEE DISCRIMINATION/HARASSMENT AND TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES

The South Portland School Board has adopted these employee procedures in order to provide prompt and equitable resolution of employee complaints of discrimination and harassment, including sexual harassment, as described in policies AC – Nondiscrimination/Equal Opportunity and Affirmative Action and ACAB – Harassment and Sexual Harassment of School Employees.

The complaint procedure in Section 2 may also be used, to the extent applicable, by visitors, including parents, volunteers and others having lawful access to the schools who wish to make a complaint of discrimination or harassment.

Complaints alleging harassment or discrimination against students based on a protected category should be addressed through the Board’s Student Discrimination/Harassment and Title IX Sexual Harassment Complaint Procedures (ACAA-R).

Any individual who is unsure about whether discrimination or harassment has occurred and/or which complaint procedure applies is encouraged to contact the Affirmative Action Officer or the Title IX Coordinator.

Kathleen Cox, Director of Instructional Support/ Title IX Coordinator

130 Wescott Road, South Portland, Maine 04106

871-0555 x3006

coxk@spsdme.org

Rick Kusturin, Director of Finance, HR and Operations/Affirmative Action Officer      

130 Wescott Road, South Portland, Maine 04106

207-871-0555 x 3003

kusturri@spsdme.org

I. DEFINITIONS

For purposes of these complaint procedures, the following definitions will be used. The Affirmative Action Officer or the Title IX Coordinator shall assess all reports and complaints to ensure that they are addressed under the appropriate policy and complaint procedure.

A. Discrimination/Harassment Complaint Procedure Definitions

1. “Discrimination or harassment”: Discrimination or harassment on the basis of an individual’s membership in a protected category, which, for employees, includes actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information are prohibited. For the purpose of this policy, “race” includes traits associated with race, including but not limited to, hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

2. “Discrimination”: Treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected category.

3. “Harassment”: Oral, written, graphic, electronic or physical conduct relating to an individual’s actual or perceived membership in a protected category that is sufficiently severe, pervasive or persistent so as to interfere with or limit that individual’s ability to participate in the school unit’s programs or activities by creating a hostile, intimidating or offensive environment.

4.  Under Title VII and under Maine law/regulations, sexual harassment is defined differently than under Title IX. Maine Human Rights Commission regulations define sexual harassment as conduct on the basis of sex which satisfies one or more of the following:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

5. “Sexual orientation”: Under Maine law, this means a person’s “actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.”

6. “Gender identity”: Under Maine law, this means “the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual’s assigned sex at birth.”

7. “Complaint” is defined as an allegation that an employee or other third party has been discriminated against or harassed on the basis of race, color, sex, sexual orientation, gender identity, age, religion, ancestry, national origin, genetic information or disability (and in regard to sex, conduct not otherwise addressed in the Title IX regulations and Section 3 of ACAB-R).

8. “Employee”: Whenever the term “employee” is used in Section 2, it includes visitors or others who have a lawful basis to make a complaint of discrimination or harassment.

B. Title IX Sexual Harassment Complaint Procedure Definitions

1. “Title IX sexual harassment”: Under the federal Title IX regulations, sexual harassment includes the following conduct on the basis of sex which takes place within the context of the school unit’s education programs and activities:

a. “Quid pro quo” sexual harassment by a school employee: Conditioning a school aid, benefit or service (such as a promotion or favorable evaluation) on an individual’s participation in unwelcome sexual conduct;

b. “Hostile environment” sexual harassment: Unwelcome conduct based on sex that a reasonable person would determine is so severe, pervasive and objectively offensive that it effectively denies an individual’s equal access to the school unit’s education programs and activities; or

c. Sexual assault, dating violence, domestic violence and stalking as these terms are defined in federal laws.

2. “Report”: Under the Title IX regulations, any individual may make a report of sexual harassment involving an employee, whether the individual is the alleged victim or not. A report must be made to the Affirmative Action Officer or the Title IX Coordinator. A report triggers certain actions by the AAO or the Title IX Coordinator for the alleged victim of sexual harassment, but an investigation is not conducted unless a “Formal Complaint” is filed.

3. “Formal Complaint”: Under Title IX, the alleged victim of sexual harassment can file a written complaint that triggers the complaint procedure in Section 3 of ACAB-R. Only a school employee (and in certain circumstances, the AAO or the Title IX Coordinator) may file a formal complaint.

4. “Employee”: For the purpose of this procedure, “employee” means an applicant for employment or a current employee of the school unit.

II. DISCRIMINATION/HARASSMENT COMPLAINT PROCEDURE

This procedure should be used for any complaint of unlawful harassment or discrimination based on a protected category which does not involve Title IX sexual harassment.

A. How to Make A Complaint

1. An employee who believes they have been unlawfully harassed or discriminated against (as such terms are defined in Section 1.A.1-3) is encouraged to try to resolve the problem by informing the individual(s) that the behavior is unwelcome or offensive, and requesting that the behavior stop. This shall not prevent the employee from making an immediate complaint to the AAO or the Title IX Coordinator.

2. Any employee who believes they have been harassed or discriminated against should report their concern promptly to the AAO or the Title IX Coordinator. A written complaint must include basic information concerning the allegation of harassment or discrimination (i.e., date, time, location, individual(s) who alleged engaged in harassment or discrimination, description of allegation).

3. Employees who are unsure as to whether unlawful discrimination or harassment has occurred, or who need assistance in preparing a written complaint, are encouraged to discuss the matter with the AAO or the Title IX Coordinator.

4. Employees will not be retaliated against for reporting suspected discrimination or harassment, or for participating in an investigation. Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary measures, up to and including discharge.

5. Any employee who believes they have been discriminated against or harassed is encouraged to utilize the school unit’s complaint procedure. However, employees are hereby notified that they also have the right to report incidents of discrimination or harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8^th Floor, Boston, MA 02109-3921 (telephone: 617-289-0111).

B. Complaint Handling and Investigation

1. The AAO or the Title IX Coordinator will promptly inform the Superintendent and the person who is the subject of the complaint (respondent) that a complaint has been received.

2. The AAO or the Title IX Coordinator may pursue an informal resolution of the complaint with the agreement of the parties involved. Any party to the complaint may decide to end the informal resolution process and pursue the formal process at any point. Any informal resolution is subject to the approval of the parties and the Superintendent, who shall consider whether the resolution is in the best interest of the school unit and the parties in light of the particular circumstances and applicable policies and laws.

3. The AAO or the Title IX Coordinator may implement supportive measures (consistent with any applicable collective bargaining agreement provisions) to reduce the risk of further discrimination or harassment while an investigation is pending. Examples of supportive measures include, but are not limited to, ordering no contact between the individuals involved; changing a work location or changing a work schedule.

4. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the AAO or the Title IX Coordinator. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

5. The investigator shall consult with the AAO or the Title IX Coordinator as agreed during the investigation process.

6. The respondent will be provided with an opportunity to be heard as part of the investigation. The complainant shall not be required to attend meetings with the respondent, but may choose to do so as part of an informal resolution process.

7. The complainant and the respondent may suggest witnesses and/or submit materials they believe are relevant to the complaint.

8. If the complaint is against an employee of the school unit, any rights conferred under an applicable collective bargaining agreement shall be applied.

9. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

10. The investigation shall be completed within 40 school days of receiving the complaint, if practicable. Reasonable extensions of time for good reason shall be allowed.

11. The investigator shall provide a written report and findings to the AAO or the Title IX Coordinator.

C. Findings and Subsequent Actions

1. The AAO or the Title IX Coordinator shall consult with the Superintendent concerning the investigation and findings.

2. If there is a finding that discrimination or harassment occurred, the AAO or the Title IX   Coordinator, in consultation with the Superintendent:

a. Shall determine what remedial action, if any, is required to end the discrimination or harassment, remedy its effect and prevent recurrence;

and

b. Determine what disciplinary action should be taken against the individual(s) who engaged in discrimination or harassment, if any.

3. Inform the complainant and the respondent in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).

D. Appeals

1. After the conclusion of the investigation, the complainant or respondent may seek an appeal of the findings solely on the basis of either: (a) prejudicial procedural error or (b) the discovery of previously unavailable relevant evidence that could significantly impact the outcome.

2. Appeals must be submitted in writing to the Superintendent within five school days after receiving notice of the resolution.

3. Upon receipt of a valid appeal, the Superintendent shall provide notice to the other party, along with an opportunity to provide a written statement within five school days.

4. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate.

5. The Superintendent’s decision on the appeal shall be provided to the parties appropriate within 10 school days, if practicable. The Superintendent’s decision shall be final.

E. Records

The AAO or the Title IX Coordinator shall keep a written record of the complaint process.

III. TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURE

This section should be used only for complaints of Title IX sexual harassment as defined in Section

1.B.1. A. How to Make A Report

1. Any individual who believes an employee has been sexually harassed (as this term is defined in Section 1.B.1) may make a report to the Title IX Coordinator.

2. If the individual making the report is the alleged victim, or if the alleged victim is identified by the individual making the report, the Title IX Coordinator will meet with the alleged victim to discuss supportive measures that may be appropriate in the particular circumstances and explain the process for filing a formal complaint.

a. Supportive measures are individualized measures designed to ensure the employee can continue to access and perform their work (such as requiring no contact between individuals, temporarily moving work locations or changing schedules, etc.).

b. Supportive measures may be continued even if the alleged victim chooses not to file a formal complaint, if appropriate under the particular circumstances.

3. The school unit cannot provide an informal resolution process for resolving a report until a formal complaint is filed.

4. Employees will not be retaliated against for reporting sexual harassment, or for participating in an investigation. Retaliation is illegal under federal and state nondiscrimination laws, and any retaliation will result in disciplinary actions, up to and including discharge.

5. Any employee who believes they have been the victim of sexual harassment is encouraged to utilize the school unit’s complaint procedures. However, employees are hereby notified that they also have the right to report sexual harassment to the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333 (telephone: 207-624-6290) and/or to the federal Office for Civil Rights, U.S. Department of Education, 5 Post Office Square, 8^th Floor, Boston, MA 02109-3921 (telephone: 617-289-0111)

6. The Superintendent shall be informed of all reports and formal complaints of sexual harassment.

B. How to Make A Formal Complaint

1. An alleged victim may file a formal written complaint requesting investigation of alleged Title IX sexual harassment. The written complaint must include basic information concerning the allegation of sexual harassment (i.e., date, time, location, individual(s) who alleged engaged in sexual harassment, description of allegation).

Employees who need assistance in preparing a formal written complaint, are encouraged to consult with the Title IX Coordinator.

2. In certain circumstances, the Title IX Coordinator may file a formal complaint even when the alleged victim chooses not to. Examples include if the respondent (person alleged to have engaged in sexual harassment) has been found responsible for previous sexual harassment or there is a safety threat within the school unit. In such cases, the alleged victim is not a party to the case, but will receive notices as required by the Title IX regulations at specific points in the complaint process.

3. In accordance with the Title IX regulations, the Title IX Coordinator must dismiss a formal complaint under this Title IX procedure if: a) the conduct alleged in the formal complaint does not constitute sexual harassment under the Title IX regulations and this policy; b) if the conduct alleged did not occur within the scope of the school unit’s education programs and activities, or c) did not occur in the United States.

4. In accordance with the Title IX regulations, the Title IX Coordinator may dismiss a formal complaint under this Title IX procedure if: a) a complainant withdraws the formal complaint, or withdraws particular allegations within the complaint; b) the respondent is no longer employed by the school unit; or c) there are specific circumstances that prevent the school unit from gathering evidence sufficient to reach a determination regarding the formal complaint.

5. If a formal complaint is dismissed under this Title IX procedure, the Title IX Coordinator will promptly and simultaneously send written notices to the parties explaining the reasons. Parties have the opportunity to appeal dismissals in accordance with subsection I below.

6. If the conduct alleged potentially violates other laws, Board policies and/or professional expectations, the school unit may address the conduct under Section 2 or another applicable policy/procedure.

C. Administrative Leave

The Superintendent may place a respondent on administrative leave during the complaint procedure:

1. If there is a determination (following an individualized safety and risk analysis) that there is an immediate threat to the physical health or safety of an individual arising from the allegations of sexual harassment. Examples of such circumstances might include, but are not limited to, a continued threat of violence against a complainant by a respondent, or a respondent’s threat of self-harm due to the allegations.

2. The respondent will be provided notice of the administrative leave, and will be provided an opportunity to challenge the decision following the removal (this is an opportunity to be heard, not a hearing). The respondent has the burden to demonstrate why the emergency leave was unreasonable.

3. Any such decision to place an employee on administrative leave shall be made in compliance with any applicable disability laws, including Section 504 of the Rehabilitation Act and the Americans with Disabilities Act.

D. Notice to Parties of Formal Complaint

1. The Title IX Coordinator will provide to the parties’ written notice of the formal complaint and allegations of sexual harassment potentially constituting prohibited conduct under the Title IX regulations and this procedure. The notice will include:

∙ Notice regarding the complaint procedure and the availability of an informal resolution process;

∙ Sufficient details known at the time (including identities of parties, if known; the conduct alleged; and the date and location of the alleged incident, if known), with sufficient time to prepare before any initial interview (not less than five school days);

∙ As required by the Title IX regulations, a statement that the respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will be made at the conclusion of the complaint); and that the parties may inspect and review evidence;

∙ Notice that the parties may each have an advisor of their choice (who may be an attorney), and that the parties may inspect and review evidence;

∙ Notice that knowingly making false statements or submitting false information during the complaint procedure is prohibited and may result in disciplinary action; and

∙ Notice of the name of the investigator, with sufficient time (no less than three school days) to raise concerns of conflict of interest or bias.

2. If additional allegations become known at a later time, notice of the additional allegations with be provided to the parties.

3. The Title IX Coordinator will discuss supportive measures with each party and implement such measures as appropriate.

E. Informal Resolution Process

After a formal complaint has been filed, and if the Title IX Coordinator believes the circumstances are appropriate, the Title IX Coordinator may offer the parties the opportunity to participate in an informal resolution process to resolve the complaint without completing the investigation and determination process. Informal resolutions cannot be used to resolve a formal complaint where a student is the complainant and the respondent is an employee.

Informal resolutions can take many forms, depending on the particular case. Examples include, but are not limited to, facilitated discussions between the parties; restorative justice; acknowledgment of responsibility by a respondent; apologies; disciplinary actions against a respondent or a requirement to engage in specific services; or supportive measures. Both parties must voluntarily agree in writing to participate in an informal resolution process, and either party can withdraw from the process at any time. The Superintendent must agree to the terms of any informal resolution reached between the parties. If an informal resolution agreement is reached, it must be signed by both parties and the school unit. Any such signed agreement is final and binding according to its terms.

If an informal resolution process does not resolve the formal complaint, nothing from the informal resolution process may be considered as evidence in the subsequent investigation or determination.

F. Investigation

1. The complaint will be investigated by a trained internal or external individual designated by the Superintendent and the Title IX Coordinator. Any complaint about an employee who holds a supervisory position shall be investigated by a person who is not subject to that supervisor’s authority. Any complaint about the Superintendent should be submitted to the Chair of the Board, who should consult with legal counsel concerning the handling and investigation of the complaint.

2. The investigator shall consult with the Title IX Coordinator as agreed during the investigation process.

3. If the complaint is against an employee of the school unit, rights conferred under an applicable collective bargaining agreement shall be applied, to the extent they do not conflict with the Title IX regulatory requirements.

4. Privacy rights of all parties to the complaint shall be maintained in accordance with applicable state and federal laws.

5. The investigator will:

a. Meet with each party after they have received appropriate notice of any meeting and its purpose, with sufficient time to prepare.

b. Allow parties to have their advisor at all meetings related to the complaint, although advisors may not speak on behalf of a party or interfere with the process.

c. Allow parties a reasonable opportunity to identify witnesses and submit favorable and unfavorable evidence.

d. Interview witnesses and conduct such other activities that will assist in ascertaining facts (site visits, review of documents, etc.).

e. Consider evidence that is relevant and directly related to the allegations in the formal complaint.

f. During the course of the investigation, provide both parties with an equal opportunity to inspect and review any evidence that is obtained in the investigation that is directly related to the allegations in the formal complaint (including evidence which the school unit does not intend to rely upon in reaching a determination of responsibility), and favorable and unfavorable evidence.

g. Prior to completion of the investigation report, provide each party and advisor (if any) the evidence subject to inspection and review, and provide the parties with ten school days to submit a written response.

h. Consider the parties’ written responses to the evidence prior to completing the investigation report.

i. Create an investigative report that fairly summarizes relevant evidence and send the report to the parties and advisors (if any), for their review and written responses within ten school days of receipt.

j. After receipt of the parties’ written responses (if any), forward the investigation report and party responses to the assigned decision maker.

6. The investigation shall be concluded within 40 school days if practicable. Reasonable extension of time for good reason shall be allowed.

G. Determination of Responsibility

1. The decision maker shall provide the parties with the opportunity to submit written, relevant questions that the party wants asked of another party or witness within five school days of when the decision maker received the investigation report and party responses.

a. The decision maker shall explain to a party proposing questions if the decision maker excludes a question as not relevant.

2. Each party shall be provided the opportunity to review the responses of another party and/or witness, and to ask limited written follow-up questions within five school days of receiving the answers.

3. Each party will receive a copy of the responses to any follow-up questions.

4. The decision maker shall review the investigation report, the parties’ responses and other relevant materials, applying the preponderance of the evidence standard (“more likely than not”).

5. The decision maker shall issue a written determination, which shall include the following:

a. Identification of all the allegations potentially constituting sexual harassment as defined in the Title IX regulations and this policy;

b. A description of the procedural steps taken from receipt of the formal complaint through the determination, including notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and meetings held;

c. A determination regarding responsibility as to each allegation and findings of fact supporting the determinations;

d. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary  sanctions the school unit imposes on the respondent, and whether remedies designed to restore or preserve equal access to the school unit’s programs and activities will be provided to the complainant;

e. The school unit’s appeal procedure and permissible bases for the parties to appeal the determination.

6. The written determination shall be provided to the parties simultaneously. The determination concerning responsibility becomes final either on the date that the school unit provides the parties with the written determination of the results of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which the appeal would no longer be considered timely.

H. Remedies, Discipline and Other Actions

1. Remedies

Remedies are measures used to ensure that the complainant has equal access to the school unit’s education programs and activities following the decision-maker’s determination. Such remedies may include supportive measures, and may include other appropriate measures, depending upon the determination and the needs of the complainant. The Title IX Coordinator is responsible for implementing remedies and providing any needed assistance to the complainant.

2. Discipline and Other Actions.

The following are examples of the types of disciplinary actions that may be imposed on an employee when there is a determination that they are responsible for one or more violations involving sexual harassment:

∙ Written warning.

∙ Probation.

∙ Demotion.

∙ Suspension without pay.

∙ Discharge.

The following are examples of other types of actions that may be imposed on an employee when there is a determination of responsibility:

∙ Performance improvement plan.

∙ Counseling.

∙ Training.

∙ Loss of leadership/stipend position.

I. Appeals

The parties have the opportunity to appeal a determination regarding responsibility, and from dismissals of formal complaints. Under the Title IX regulations, appeals are allowed on the following grounds:

1. A procedural irregularity that affected the outcome of the matter;

2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal of the formal complaint was made, that could affect the outcome of the matter; or

3. The Title IX Coordinator, investigator, or decision maker 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.

An appeal must be filed in writing within five school days of receiving the determination, stating the grounds for the appeal and including any relevant documentation in support of the appeal. Appeals submitted after this deadline are not timely and shall not be considered.

1. Appeals must be filed with the Superintendent, who will consider the appeal.

2. The Superintendent shall conduct an impartial review of the appeal, including consideration of the written record of the matter, and may consult with legal counsel or other school unit officials in making their decision.

3. The Superintendent shall issue a written decision describing the result of the appeal and rationale for the result, and provide the written decision simultaneously to the parties. The decision will either deny the appeal; grant the appeal and remand to the decision maker for further consideration; or grant the appeal by revising the disciplinary action(s).

J. Records

Records in connection with sexual harassment reports and the complaint process shall be maintained for a minimum of seven years.

Legal References: Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.);         34 C.F.R. Part 106

Clery Act (20 U.S.C. §1092(f)(6)(A)(v) - definition of sexual assault)

Violence Against Women Act (34 U.S.C. § 1092(f)(6)(A)(v) – definition of sexual assault; 34 U.S.C. § 12291(a)(10) – dating violence; 34 U.S.C.

§12291(a)(3) – definition of stalking; 34 U.S.C. §12291(a)(8) – definition of domestic violence)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d)

Americans with Disabilities Act (42 U.S.C § 12101 et seq.), as amended Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. § 794 et seq.), as amended Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et. seq.; 29 C.F.R. § 1604.11)

Age Discrimination in Employment Act (29 U.S.C. § 623 et seq.)

Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.)

Cross Reference: AC – Nondiscrimination/Equal Opportunity and Affirmative Action

ACAB – Harassment and Sexual Harassment of School Employees

Adopted: May 14, 2001

Revised: November 8, 2004

Revised: November 14, 2012

Revised: September 16, 2020

Revised: December 12, 2022

ACAD - HAZING
Maine statute defines injurious hazing as “any action or situation including harassing behavior, which recklessly or intentionally endangers the mental or physical health of any school personnel or student enrolled in a public school.”

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

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

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

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

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

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

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

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

Legal Reference: Title 20-A MRSA §. 6553
Cross Reference: ACAA – Harassment and Sexual Harassment of Students
ACAB – Harassment and Sexual Harassment of Employees
JICIA – Weapons, Violence and School Safety

Revised: November 19, 2002
Adopted: December 9, 2002
Revised: December 10, 2012

File: ACAF 

WORKPLACE BULLYING 

The Board is committed to providing a respectful, safe and inclusive workplace for employees,  free from bullying conduct. All employees and students in the school unit, as well as parents,  community members and others involved with the schools are prohibited from engaging in  workplace bullying as defined in this policy. 

A. Definition 

For the purposes of this policy, “workplace bullying” means intentional behavior that a  reasonable person would expect to interfere with an employee’s work performance or ability to  work. Generally, workplace bullying will involve repeated conduct; however, a single incident  of egregious conduct could constitute workplace bullying. Examples of workplace conduct  include, but may not be limited to: 

● Humiliating, mocking, name-calling, insulting, maligning or spreading rumors about an  employee; 

● Shunning or isolating an employee and/or encouraging others to do so; 

● Screaming or swearing at an employee, slamming doors or tables, aggressively invading  an employee’s personal space, placing an employee in reasonable fear of physical harm,  or other similar types of aggressive conduct; 

● Targeted practical jokes; 

● Damaging an employee’s property; 

● Sabotaging an employee’s work or purposefully misleading an employee about work  duties (e.g., giving incorrect deadlines or intentionally destroying an employee’s work);  Harassing and/or retaliating against an employee for reporting workplace bullying; and  Cyberbullying, which is defined in Maine law as bullying occurring through the use of  technology or any electronic communication, including but not limited to, a transfer of  signs, signals, writing, images, sounds data or intelligence of any nature transmitted by  the use of any electronic device, including but not limited to, a computer, telephone,  cellular telephone, text messaging device and personal digital assistant. 

B. Exclusions 

Workplace bullying does not include the following: 

● When supervisors set reasonable performance goals or provide verbal or written  counseling, direction, feedback or discipline to employees in the workplace when the  intent is to address unsatisfactory work performance, or violations of law or school  policy.

SOUTH PORTLAND SCHOOL DEPARTMENT 

File: ACAF 

● When supervisors make personnel decisions designed to meet the operational or financial  needs of the school unit or the needs of students. Examples include but are not limited to,  changing shifts, reassigning work responsibilities, taking steps to reduce overtime costs,  transferring or reassigning employees to another building or position, etc. 

● Discrimination or harassment based on protected characteristics (race, color, sex, sexual  orientation, gender identity, religion, ancestry or national origin, age, familial status,  disability or genetic information). Such conduct is prohibited under separate policies and  complaints shall be addressed under ACAB-R – Employee Discrimination/Harassment  and Title IX Sexual Harassment Complaint Procedure. 

● Disrespectful conduct by students directed at school employees that can be addressed  through enforcement of classroom rules, school rules and applicable Board policies. 

C. Reports and Investigations 

Employees who believe they have been bullied in the workplace, or anyone who believes they  have witnessed an incident of an employee being bullied in the workplace, are expected to report  the issue to the building administrator. If the report is about the building administrator, the report  should be made to the Affirmative Action Officer of the South Portland School Department. The  building administrator or Affirmative Action Officer shall promptly notify the Superintendent of  all workplace bullying reports. Any workplace bullying report about the Superintendent should  be made to the Board Chair. 

All reports of workplace bullying shall be investigated promptly and documented in writing. The  person who was the subject of the alleged workplace bullying and the person alleged to have  engaged in workplace bullying will be notified of the outcome of the investigation, consistent  with confidentiality and privacy laws. 

D. Disciplinary Action 

Any employee who is found to have engaged in workplace bullying will be subject to  disciplinary action, up to and including termination of employment. 

Students who are found to have engaged in bullying of an employee will be subject to  disciplinary action in accordance with applicable student discipline policies/procedures. 

Parents and others who are found to have engaged in bullying of an employee will be addressed  in a manner appropriate to the particular circumstances. 

E. Appeals 

If the subject of the alleged workplace bullying or the person alleged to have engaged in  workplace bullying is dissatisfied with the resolution of the matter, they may submit a written  appeal within five (5) business days with the Superintendent stating the reason for the appeal. 

SOUTH PORTLAND SCHOOL DEPARTMENT 

File: ACAF 

The Superintendent will review the matter and issue a written decision within ten (10) business  days. The Superintendent’s decision is final. 

If the case involves employees covered by a collective bargaining agreement, any disagreement  with the results of the investigation may be resolved through the agreement’s dispute resolution  process. 

F. Retaliation Prohibited 

Retaliation for reporting workplace bullying behavior is prohibited. Employees and students  found to have engaged in retaliation shall be subject to disciplinary action. 

G. Responsibility of the Superintendent 

The Superintendent is responsible for implementing this policy and for the development of any  necessary procedures to enforce the policy. 

Legal References: 20 M.R.S.A. Sections 1001(21); 6544(2)(C) 

Cross References: 

AC – Nondiscrimination/Equal Opportunity & Affirmative Action 

ACAB – Harassment/Sexual Harassment of School Employees 

ACAB-R – Discrimination/Harassment and Title IX Sexual Harassment of School  Employees 

Adopted: December 13, 2021

AD - EDUCATIONAL PHILOSOPHY / SCHOOL DISTRICT MISSION

The mission of the public schools is to educate each and every child to the fullest of his/her potential.

The South Portland Board of Education on behalf of and with extensive participation by the community will develop a Mission / Philosophy Statement for the South Portland Schools.

Adopted: November 1992
Revised: December 1997
Revised: May 14, 2001

ADA - SCHOOL SYSTEM GOALS AND OBJECTIVES

The Board recognizes its responsibility to set goals for the efficient operation of the South Portland School Department. In discharging this responsibility, the Board will strive to ensure that the resources of the school system are directed toward meeting the educational needs of each eligible student.

The Board will develop annual goals based on input solicited from a variety of sources. These goals will be shared with the community, the staff, and the students. The administration shall develop appropriate objectives designed to achieve the stated priorities.

The Board will regularly evaluate progress toward meeting the goals and will adopt appropriate policies designed to facilitate their accomplishment.

Legal Reference: Title 20-A MRSA §. 45ll

Adopted: May 14, 2001

ADF - SCHOOL DISTRICT COMMITMENT TO LEARNING RESULTS/
COMMON CORE STATE STANDARDS

The South Portland School Board hereby adopts the Learning Results/Common Core State Standards and the Maine Department of Education’s applicable rules. The Learning Results/Common Core State Standards are intended to serve as a foundation for education reform and to provide assessment of student learning, accountability and equitable opportunities for all students to access the content standards. The Board recognizes that the legislative intent of the Learning Results/Common Core is to provide children with schools that reflect high expectations and create conditions where these expectations can be met. The Board understands that implementation of the Learning Results/Common Core State Standards have broad implications for the school unit, including curriculum, budget, professional development, student assessment, professional evaluation, and graduation requirements. Therefore, the Board is committed to examining its policies to make them consistent with the intent and goals of the Learning Results/Common Core State Standards. The Board directs the Superintendent to develop a plan and timeline for implementing the Learning Results/Common Core State Standards and any appropriate administrative procedures. The Board further directs the Superintendent to report to the Board on a regular basis on progress toward implementing the Learning Results/Common Core.

Legal References: 20-A M.R.S.A. §§ 6208-6209 L.D. 1536, Chapter 51 Resolves Chapters 125, 127 and 131 (Maine Dept. of Ed. Rules)

Adopted: May 14, 2001Revised: September 2002
Revised: November 13, 2002
Revised: December 10, 2012

BBA - ROLES, FUNCTIONS AND DUTIES OF SCHOOL BOARDS
AND SCHOOL BOARD MEMBERS

The Board of Education shall have general charge of all the public schools of the South Portland School Department and shall exercise such other responsibilities as specifically provided by law. The Board shall concern itself primarily with broad questions of policy rather than with administrative details. The application of policies is an administrative task to be performed by the Superintendent and his/her staff, who shall be held responsible for the effective administration and supervision of the entire school system.

The Board, functioning within the framework of laws, court decisions, attorney generals’ opinions, and similar mandates from the state and national levels of government, and recognizing the authority of the state, fulfills its mission as the governing body of a political subdivision by acting as follows in the execution of its duties:

A. Selects, employs and evaluates the Superintendent;
B. Develops and Adopts Policies: The Board is responsible for developing and adopting policies to guide and operate the school unit. The Board employs a Superintendent to carry out its policies through the implementation of regulations and administrative procedures.
C. Approves the budget, financial reports, audits, major expenditures, payment of obligations, and policies whereby the administration may formulate procedures, regulations, and other guides for the orderly accomplishment of business. The Board is responsible for preparing and adopting an annual budget to provide the resources needed to carry out the instructional and operational programs.
D. Responsible for the planning, expansion, improvement, financing, construction, and maintenance of the physical plant of the school system.
E. Approves/disapproves personnel nominations from the Superintendent and determines (where appropriate via collective bargaining) compensation and working conditions for all staff.
F. Provides for the dissemination of information relating to the schools necessary for creating a well-informed public.
G. Responsible for adopting textbooks and courses of study as well as for setting standards, monitoring, evaluating, and reporting the results of the educational program.
H. Requires the establishment and maintenance of records, accounts, archives, management methods and procedures incidental to the conduct of school business.

Communication with Public

The Board is responsible for conducting its business in a transparent manner for informing the public about the schools, and for keeping itself informed about the wishes and concerns of the community.
Quasi-Judicial Role. The Board is responsible for holding hearings on matters such as employee dismissals or student expulsions. The Board also hears appeals on issues that could not be resolved by administrators or the Superintendent (such as discrimination grievances or challenged materials).
It is important to keep six things in mind regarding responsibilities as a member of a School Board:

1. Each local School Board is a legislative body within Maine state government and has only those powers granted by the Legislature. Board members are state agents.

2. In order to fulfill the quasi-judicial role, Board members will have access to confidential information about students and staff members. It is imperative that Board members refrain from discussing confidential matters outside of Board meetings. Board members should ask the Superintendent if unsure about whether certain information is confidential.

3. A School Board only has authority when it is acting together at a meeting that has been legally called. Individual Board members have no authority, except to vote “Yes” or “No” on specific motions. A School Board is not bound in any way by any action or statement of an individual Board member except when such statement or action is specifically authorized by the Board.

4. Electronic communications cannot be utilized to conduct Board business, and that Board action can only occur during legally called meetings.

5. Each School Board functions as a legislative body, in essentially the same way as the U.S. Congress, the Maine Legislature, or a local Town Council/Board of Selectmen. The Board makes decisions and adopts policies which have the effect of law and are just as binding. Decisions must be made carefully and in the best interests of the school unit’s students.

6. The Board’s role is not administrative, and Board members are not elected to operate or micromanage the schools. Rather, the Board employs a Superintendent and other administrators to implement Board policies and decisions, and then evaluates the effectiveness of the school unit.

Legal Reference: 20-A MRSA § 1001
20-A MRSA § 1476 (RSU)

Adopted: May 14, 2001
Revised: June 13, 2011

BBA-R BYLAWS OF THE BOARD OF EDUCATION-
SUPPLEMENTARY TO CHARTER PROVISIONS

Board Organizational Meeting Board Officers

A Chair and Vice Chairman shall be elected annually at the organizational meeting, which shall be held the first Monday in December. If vacancies occur in the office of Chair or Vice Chair, the vacancy shall be filled by an election within forty (40) days. The Chair shall preside over all regular, special, and executive board meetings and shall appoint special committees. The Chair shall be an ex officio member of each committee.

Board Vacancy Caused by Absenteeism

When an elected member of the Board of Education has missed three consecutive meetings without a valid excuse the Board may by majority declare that seat vacant and request that the city council elect a new member to fill the vacated seat.

Agenda Preparation and Dissemination

Board Agendas are prepared by the Superintendent and Board Chairman and are published at least three days in advance of the meeting. Agendas are posted in all schools, city hall, the South Portland Public Library and may be viewed on Public Access TV. Items not on the agenda may be considered at a regular meeting upon a three-fifths vote of the members present.

Request to Place Item on Agenda

In order that the Board may fairly and adequately discharge its overall responsibilities, citizens or groups wishing to address the Board on a topic not otherwise on the agenda must submit a request in writing to the Superintendent at least one full week in advance of the scheduled meeting. The Board Chair may direct the Superintendent to add the item to the agenda.

Notification of Board Meetings

Public notice shall be given for all meetings of the Board of Education as outlined in the statute.

Rules of Order

Robert's Rules of Order shall govern the proceedings of the meetings of the Board except when in conflict with statutes or with bylaws and policies established by the Board. As provided by the City Charter, four members shall constitute a quorum for the transaction of business. When a quorum is present, a majority vote of not less than three votes is sufficient for the adoption of any motion, including revision of Bylaws; the Chairperson shall vote on all motions. These Bylaws make no provisions for proxy voting.

Prior to abstaining from voting on an item, a member shall state the reason for such abstention that is agreeable to the Board.

Order of Business

The order of business at all meetings of the Board shall be as follows:
1. Roll Call
2. Pledge of Allegiance
3. Report of the Secretary-approval of minutes
4. Report of the Chairperson
5. Report of the Superintendent
6. Audience of Citizens-topics on the agenda
7. Report of the Committees
8. New Business
9. Audience of Citizens-open discussion
10. Adjournment

Minutes

All actions of the Board shall be archived as a permanent official record of the Board action and shall be available for public review.

Methods of Operation

The Board of Education shall act as a legislative and appraisal body, looking to the Superintendent of Schools for recommendations on all matters coming before the Board and delegating executive functions to the Superintendent of Schools and her/his staff. The Board shall concern itself with broad questions of educational policy, and not with administrative details. The Board shall act as a committee of the whole, and individual members shall make no commitments for the Board, except when executing an assignment made by the Board.

Committees of the Board of Education

A. Standing Committees
There shall be three standing committees of the Board.
Educational Policy Committee
Finance Committee
Buildings and Ground Committee

Annually, the Chairperson of the Board, after consulting with the Superintendent, shall appoint at least two Board members to each committee.

The standing committees shall receive and research matters referred by the Board or the administration and formulate recommendations for consideration by the full Board.

The Superintendent, ex officio, shall serve as an advisor to each of the standing committees and may appoint staff members and administrators to serve as advisory members to any of these committees.

B. Ad Hoc & Advisory Committees
Annually, the Chairperson of the Board, after consultation with the Superintendent, shall
appoint Board members to serve on special Ad Hoc Advisory Committees, which will be
in operation during the school year. Once established, these committees shall report back
to the Board on a regular basis.

C. Special Committees
With the agreement of the Board, the Chairperson may establish special committees to research
specific educational issues and report back to the full Board. Such committees may advise the
Board, but may not determine policy and shall be discharged upon completion of their specific
assignment.

Revision of the Bylaws of the Board of Education
The Bylaws of the Board of Education may be amended by vote of the Board at any legally called meeting of the Board.

Adopted: October 11, 1976
Revised: November 15, 1976
Revised: February 13, 1978
Revised: December 11, 1978
Revised: December 10, 1979
Revised: June 9, 1980
Revised: June 8, 1987
Revised: April 11, 1994
Revised: June 9, 2014

BBAA - BOARD MEMBER AUTHORITY

Board members shall have authority only when acting as a body and have no authority except at Board meetings or when discharging a specific assignment made by a majority vote of the Board.

Legal Reference: Title 20A MRSA § 1001

Adopted: May 14, 2001
Revised: June 9, 2003

BBAB - STUDENT REPRESENTATION TO THEN BOARD OF EDUCATION

The Board of Education endorses the concept of student access to the district decision-making process, to provide advice and opinions on matters of common interest, and to enhance communication and sense of community within the South Portland Schools.

To create the environment for interaction among and between student representatives, the Board of Education members and district administration, the Board of Education will provide opportunities for participation in the meetings of the Board and its subcommittees.

Two students will be recognized by the Board as non-voting representatives, although their vote by a show of hands is encouraged and documented in formal minutes on each action item at the Board meetings, they are invited to participate as voting members on standing committees, as appointed by the Board Chair.

Two students will be elected in May and will serve a one-year term. The nominations will be forwarded through the Principal to the Superintendent for submission to the Board of Education for approval.

Legal Reference: 20-A MRSA §§ 254, 1001(1A)
Adopted: October 10, 2007
Revised: November 9, 2015

BBAB-R - STUDENT REPRESENTATION TO THE BOARD OF EDUCATION
ADMINISTRATIVE GUIDELINES

Election Process
• Students entering their Junior or Senior years are eligible for nomination to be elected as a Student Representative to the South Portland Board of Education.
• To be nominated, students will be required to obtain twenty-five (25) signatures from students within grades 9-12. In addition, the student will have to be “sponsored” by a member of the SPHS faculty or administration, to include a recommendation by the sponsor.
• If nominated, the student will seek election from the entire student body.
• The two top vote getters will be the SPHS Student Representatives to the South Portland Board of Education.
• After service of one year on the Board of Education, student members may seek reelection. In doing so, elected members need not replicate the nomination process, but of course must be reelected to the Board in order to be seated.

Timeline
• The election of the two Student Representative must be completed by May 31
• An orientation for Student Representatives will occur in August by the Superintendent or his/her designee.
• Student Representatives will serve a one-year term, August – July.

Attendance and Participation at Board meetings
• Student representatives are encouraged to attend all public meetings of the Board of Education and other committees to which they have been appointed, and will be notified of the time and place of the meetings by their Board of Education mentor. They will receive information packets consistent with those received by the building principals. Participation in Board of Education meetings shall be open to the Student Representatives, who are invited and urged to make comments and inquiries pertinent to the subject under discussion, and to propose ideas and suggestions, upon being recognized to do so by the Board Chair.
• Student Representatives are non-voting representatives, although their vote by a show of hands is encouraged and documented in formal minutes on each action item at the Board meeting.
• Student Representatives will not attend executive sessions.
• Student Representatives must adhere to the same eligibility requirements used for all extra-curricular activities. Student Representatives are expected to exhibit good school and community citizenship and promote the goals and ideals of the Board of Education. If ineligibility continues (consistent with IDGJ, and IDGJ-R), the student will step down from the position, and a special election shall be held.
• Student Representatives will not participate in matters involving employment of employees of the school district.

• Student Representatives are expected to adhere to all rules governing the Board of Education including those relating to attendance and confidentiality.

• Student Representatives are invited to participate as voting members on standing committees, as appointed by the Board Chair.

Adopted: October 10, 2007
Revised: December 20, 2007
Revised: November 9, 2015

BBB - SCHOOL BOARD ELECTIONS, MEMBERSHIP

The Department of Education shall be administered by a Board of Education called the “School Board,” which shall consist of seven (7) members, one from each voting district, 2 members to be elected at large, elected in a city-wide election. Members must be qualified electors of the city and residents of the districts from which they are elected and remain inhabitants of the city during their term of office. The term of office, except as provided herein, shall be for 3 years and until their successors are duly elected and qualified.

The present members and their successors shall continue in office until their respective terms expire. It is the intent and purpose of this charter that present members of the School Board shall remain in office and upon completion of their terms of office, their successors shall be elected as provided for in this charter.

Reference: South Portland City Charter

Adopted: May 14, 2001

BBBE - VACANCY
Whenever a vacancy in the School Board occurs the vacancy may be filled by a majority vote of all the members of the city council and the member so elected shall serve until the next regular municipal election when a new member shall be elected to fill the vacancy for the unexpired term, if any.

Reference: South Portland City Charter
Adopted: May 14, 2001

BBFB - NEPOTISM
It shall be the policy of the Board not to elect personnel to the staff of the school system when the candidate may be the next-of-kin (spouse, parent, sibling, child) of a member of the Board or of the Superintendent. Next-of-kin, except spouses, employed by the school system as of the date of policy adoption, will be excluded from this policy.

No person shall be employed in a position which is within the jurisdiction of an administrative officer who is a member of the immediate family of such person, nor shall any person be employed in a position where a member of the immediate family is responsible, in whole or in part, for the supervision and/or evaluation of the employee.

Whenever a member of the immediate family of any employee is hired, the Board shall be notified of the relationship.

The Board may approve an exception to this policy where the Board determines that granting of such exception is in the best interest of the school system.

For the purpose of this section, the following definitions shall apply:

A. “Administrative Officer” shall mean any person who holds a supervisory position of principal or higher rank; and

B. “Member of immediate family” shall mean spouse, brother, sister, parent, son or daughter.

Legal Reference: Title 20-A MRSA § 1002

Adopted: May 14, 2001

Reviewed: December 9, 2013

BCA - SCHOOL BOARD MEMBER ETHICS

Having accepted the challenge of service on the South Portland Board of Education, I accept the principles set forth in the following code of ethics to guide me in helping to provide free public education to all the children of the State of Maine.

A. I will view service on the School Board as an opportunity to serve my community, state, and nation because I believe public education is the best means to promote the welfare of our people and to preserve our democratic way of life.

B. I will at all times think of children first and base my decisions on how they will affect children, their education, and their training.

C. I will make no disparaging remarks, in or out of the Board meetings, about other members of the Board or their opinions.

D. I will remember at all times that as an individual I have no legal authority outside the meetings of the Board, and that I will conduct my relationship with the school staff, the local citizenry and all media of communications on the basis of this fact.

E. I will recognize that my responsibility is not to operate the schools but to see that they are well operated.

F. I will seek to provide education for all children in the community commensurate with their needs and abilities.

G. I will listen to all citizens but will refer all complaints to the proper authorities, and will discuss such complaints only at a regular meeting after failure of administrative solution.

H. I will support a decision graciously once it has been made by the majority of the Board.

I. I will not criticize employees publicly, but will make such criticism to the superintendent for investigation and action, if necessary.

J. I will make decisions openly after all facts bearing on a question have been presented and discussed.

K. I will refuse to make promises as to how I will vote on a matter that should properly come before the Board as a whole.

L. I will not discuss the confidential business of the Board in my home, on the street, or in my office, the place for such discussion being the School Board meeting.

M. I will confine my Board action to policy making, planning, and appraisal, leaving the administration of the schools to the superintendent.

N. I will welcome and encourage cooperation and participation by teachers, administrators, and other personnel in developing policies that affect their welfare and that of the children they serve.

O. I will endeavor at all times to see that schools have adequate financial support within the capabilities of the community and state, in order that every child may receive the best possible education.

P. I will recognize at all times that as a member of the School Board, elected by the citizens of South Portland, I will abide by the Charter of the City of South Portland. As I am also an agent of the state, I will abide by the laws of the state and regulations which are formulated by the State Board of Education which is the body responsible for educational policies as determined by legislative acts.

Q. I will pursue appropriate measures to correct those laws, policies, and regulations that are not consistent with sound educational goals.

Adopted: May 14, 2001

Reviewed: December 9, 2013
Adopted: January 13, 2014

BCB - BOARD MEMBER CONFLICT OF INTEREST

A Board member shall not have any direct or indirect pecuniary interest (as defined by law) in a contract with the school unit, nor shall he/she furnish directly any labor, equipment, or supplies to the unit.

In the event that a Board member is employed by a corporation or business, or has a secondary interest in a corporation or business which furnishes goods or services to the schools, the Board member shall declare his or her secondary interest and refrain from debating or voting upon the question of contracting with the company.

It is not the intent of this policy to prevent the school system from contracting with corporations or businesses because a Board member is an employee of the firm. The policy is designed to prevent the placing of Board members in a position where their interest in public schools and their interest in their places of employment (or other indirect interest) might conflict, and to avoid appearances of conflict of interest even though such conflict may not exist.

A Board member may not, during the time the member serves on the Board and for one year after the member ceases to serve on the Board, be appointed to any civil office of profit or employment position which has been created or the compensation of which has been increased by the action of the Board during the time the member serves on the Board.

A member of the Board or spouse of a member may not be an employee in a public school within the jurisdiction of the Board to which the member is elected, or in a contract high school or academy located within a supervisory union in which the member is a representative on the union committee.

A member of the Board, or spouse of a member, may not serve as a volunteer when that volunteer has primary responsibility for a curricular, co-curricular or extracurricular program or activity and reports directly to the Superintendent, principal, athletic director or other school administrator in a public school within the jurisdiction of the Board to which the member is elected, or in a contract high school or academy located within a supervisory union in which the member is a representative on the school committee.

Volunteer activities of a member of the Board or member’s spouse, other than in roles that are prohibited by this section, may be prescribed by policies developed and approved by the Board.

For the purposes of this policy, the following statutory definitions apply:

A. “Employee” means a person who receives monetary payment or benefits, no matter the amount paid or hours worked, for personal services performed for a school administrative unit.

B. “Volunteer” means a person who performs personal services for a school administrative unit without monetary payments or benefits of any kind or amount. The South Portland Board of Education will adhere to City of South Portland ordinances regarding Conflicts of Interest and Personal Benefits referenced in this policy book as BCB-R

Legal Reference: Title 20A MRSA § 1002 ET. SEQ. 1051
Title 17 MRSA § 3104
Title 30A MRSA §§ 2251; 2604 ET. SEQ.
Code of Ordinances, City of South Portland, Maine, Article VI, Conflicts of Interest and Personal Benefits

Adopted: May 14, 2001
Reviewed: December 9, 2013
Adopted: January 13, 2014

BCB-R - ARTICLE VI. CONFLICTS OF INTEREST AND PERSONAL BENEFITS
Sec. 2-186. Declaration of Policy and Purpose

Our government is a representative democracy. Those who are elected, appointed and hired to serve the public accept a public trust. The public entrusts its power and resources to its servants to use only in the public interest. Public trust requires public servants to fulfill their public duties faithfully and honestly, and to subordinate any personal interest which conflicts with the public interest.

The City of South Portland recognizes that public servants are members of society and therefore share the same general personal and economic interests as all members of the community. Public servants retain their rights to publicly express their opinions on the effect of public action on their personal or economic interests or rights. Public servants and their families are entitled to engage in employment, professional or business activities, other than official duties, in order to support themselves and to maintain a continuity of professional or business activity, and are entitled to maintain investments.

The purpose of this article is to provide rules for avoidance of conflicts of interest that balance the need to avoid inappropriate personal profit of public servants with the need for the City to enter into contracts and make purchases that are in the public’s best interest, which may sometimes mean a contract or purchase with a business in which a public servant has an interest. In addition to avoiding actual conflicts of interest as defined in this Article, public servants shall disclose any relationship or interest that could reasonably give the appearance of a conflict of interest on any matter.

Sec. 2-187. Definitions

For purposes of this Article, the following terms have the following definitions:

Benefit means: (a) anything having a monetary benefit in excess of $50; or (b) anything, regardless of its monetary value, offered with the intent of influencing a public servant in the performance non-performance of an official action.

Purchasing authority means: the authority to make a final decision approving or denying a purchase or contract.

Public servant means: any elected official, appointed Board member, the City Manager, City Clerk, Corporation Counsel, Superintendent of Schools, all school principals, all department heads, the Assessor, the Code Enforcement Officer, the purchasing agent for the City and all City or School Department employees with authority to make purchasing decisions for amounts exceeding $200.

Household member means: a person who is related to a public servant by blood, marriage or affinity and who lives in the same household as the public servant.

ARTICLE VI. CONFLICTS OF INTEREST AND PERSONAL BENEFITS
Sec. 2-188. Conflicts of Interest and Personal Benefits Prohibited

A. Except as otherwise permitted under applicable federal, state or local laws or policies, no public servant shall participate in any official action in which s/he or a household member has a direct financial interest.

B. No public servant or household member of a public servant shall accept or receive any benefit from any person under circumstances in which a reasonable person would infer that the benefit is intended to influence the public servant in the performance of his or her official duty.

Sec. 2-189. Participation and Vote Prohibited

No public servant serving on a Board shall participate in the discussion, debate, deliberation or vote or otherwise take part in the decision-making process on any agenda item before the Board in which the public servant or a household member has a direct financial interest or could receive a direct benefit or about which the public servant cannot act fairly in the best interests of the public.

Sec. 2-190. Public Contracts and Purchasing

A. If a public servant or household member has a financial interest in or a direct financial benefit from any contract or purchase with the City with a value greater than $200, and the public servant has purchasing authority regarding the purchase or contract or is in a position to make a recommendation regarding the purchase to the purchasing authority, the public servant shall disclose such interest. This disclosure shall be made as soon as the public servant knows of the solicitation of a bid or contract, the bidding of a contract, the negotiation of a contract, or the approval of the contract or issuance of a purchase order by the appropriate City authority.
B. For purchases or contracts in amounts greater than $200 but less than $10,000, the public servant with purchasing authority regarding the purchase shall not enter into a contract or make any purchase from which s/he or a household member has a direct financial interest or from which s/he or a household member will derive direct financial benefit.
C. The City is prohibited from making any purchase or entering into any contract involving services or property in an amount of $10,000 or more with a business in which a public servant or a household member has a direct financial interest or from which a public servant or household member will derive direct financial benefit.
D. Any contract entered into in violation of this section may be voided by the City in an action commenced within one year of the date and authority approving of the contract knew or reasonably should have known that a violation of this occurred.
E. On an affirmative vote of a majority of City Councilors present and voting, the provisions of this section may be waived upon a finding that a contract otherwise in violation of this section is in the best interest of the City. If the public servant or household member who has the conflict of interest is a City Councilor, that Councilor must abstain from participation and vote on this matter.

Adopted: May 14, 2001

BEA - BOARD OF EDUCATION USE OF ELECTRONIC COMMUNICATION

Use of electronic communication by members of the Board of Education should conform to the same standards of judgment, propriety and ethics as other forms of School Board-related communication. Board members shall comply with the following guidelines when using electronic communication in the conduct of Board responsibilities:

A. The Board of Education shall not use electronic communication as a substitute for deliberations at Board meetings or for other communications or business properly confined to Board meetings or in any way to defeat the purposes of the Freedom of Access Act.

B. Board members should be aware that electronic communication and any attachments received or prepared for use in Board business or containing information relating to Board business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law.

C. Board members should avoid reference to confidential information about employees, students or other matters in electronic communications because of the risk of improper disclosure. Board members should comply with the same standards as school employees with regard to confidential information.

Legal Reference: 1 MRSA § 401 ET. SEQ.
20-A MRSA § 6001-6002
20 USC § 1232g

Cross Reference: GBJ--Personnel Records and Files
JRA—Student Educational Records
KDB Public’s Right To Know/Freedom Of Access
BCA School Board Member Ethics

Adopted: August 14, 2000
Revised: 2001
Revised: May 14, 2001
Revised: March 10, 2014

    BEB

BOARD MEMBER USE OF SOCIAL MEDIA

The Board recognizes that many, if not most, of its members are active users of social media, including but not limited to, online platforms such as Facebook and Twitter, and other digital media such as blogs and personal websites. The Board understands that while social media can be a positive tool for supporting schools and encouraging community engagement, Board members need to be aware of the legal and ethical considerations that arise when they post, “message,” or otherwise interact with others on social media platforms.

It is not the intent of this policy to interfere with or restrict a Board members’ freedom of speech, but to set standards for social media conduct that are consistent with law and Board policy, including the Board’s Code of Ethics.

Board members shall comply with the following provisions:

        Board members shall not post on social media or engage in online discussions as a substitute for deliberations at Board meetings. Board members should be aware that social media activity can be perceived as a meeting if a sufficient number (a quorum) of Board members are involved on the site to influence or determine the course of action that will be taken by the Board, even if other people are posting to the site as well.

        Board members should be aware that any posting that pertains to school unit matters may create a “record” that is subject to laws and regulations pertaining to the retention and disposition of local government records, and to discovery in legal proceedings involving the Board or the school unit.

        Board members shall avoid disclosing confidential or personally identifiable information about students (including images), school unit employees, or Board matters or discussions that have taken place in executive sessions. Board members shall comply with the same standards as school employees with regard to confidential information.

       
Board members should adhere to the following ethical guidelines when using social media in their role as public officials:

       
A Board member should:

        Recognize that he/she has no authority to speak on behalf of the Board unless specifically designated to do so, and make it clear that he/she is speaking in his/her individual capacity;

              Feel free to invite the public to upcoming school district events, share information about public hearings on bills that affect the schools, and share links to public information about the district (e.g. the proposed budget), and the like, but be clear that he/she is doing so as an individual and not in any official capacity;

        Conduct himself/herself on social media in a manner that reflects well on the Board and on the school unit, and with the decorum expected of an elected official;

        Avoid posting in anger, even when provoked;

        Refrain from harassing, defaming, or disparaging fellow Board members or others
based on racial, religious, or other personal characteristics;

        Keep deliberations within meetings of the Board;

        Take care to avoid disclosing confidential or personally identifiable information about students (including images), school unit employees, or Board discussions that have taken place in executive sessions;

        Avoid posting information that is misleading or inaccurate or which has not been released to the public;

        Not make any promise that he/she will vote in a particular way;

        Avoid posting content that indicates he/she has reached an opinion on a pending matter;

        Direct persons presenting concerns or complaints through social media to follow the Board’s policy pertaining to public concerns and complaints;

        When summarizing discussion or action that took place at Board meetings, share only information from open meetings and make it clear that the posting is not an official record of the meeting. A Board member should never disclose discussions that have occurred in executive session.

        Retain electronic records, including the Board member’s own posts and content others post to the Board member’s account when required to do so by law, regulations, or legal process.

        Comply with the school unit’s acceptable use rules, as applicable to school unit employees, when using school-unit owned devices or technology resources, or when accessing the Internet through school unit’s network using a personal device.

Legal reference: 1 MRSA § 401 et seq.

                           20-A MRSA § 6001-6002

                           20 USC § 1232g

Cross Reference:   BBAA‒Board Member Authority and Responsibilities

                               BCA‒Board Member Code of Ethics

                               BEC‒Executive Sessions

                               GBJ‒Personnel Records and Files

                               JRA‒Student Education Records and Information

                                KE‒Public Concerns and Complaints

Adopted: 11/13/19

BEC - EXECUTIVE SESSIONS

Except as provided by law, all meetings of the Board shall be open to the public, and all persons shall be permitted to attend the meetings. The Board may hold executive sessions upon the vote of 3/5 of the members present and voting, and the motions to go into executive session shall indicate the nature of the business of the executive session. Deliberations may be conducted in executive sessions only on those matters defined in the law. No final action shall be taken in executive session.

Legal Reference: Title 1 MRSA SEC. 401 ET SEQ.

Cross Reference: BDC-E-EXECUTIVE SESSION LAW

Adopted: January 13, 1989
Revised: 2001
Revised: May 14, 2001

BEC-E - EXECUTIVE SESSION LAW

I. To Enter Executive Session, a Board must:

A. Start with a public meeting.

B. Have a public recorded vote of 3/5 of members present and voting.

C. State the precise nature of business in motion to enter executive session. The nature of each matter must be stated if more than one.

II. Restrictions During Executive Session:

A. Only matters stated in the motion may be considered.

B. No official actions shall be finally approved.

C. No public record shall be kept.

III. Items which may be discussed in executive session:

A. Discussion or consideration of employment, appointment, assignment, duties, compensation, evaluation, resignation, disciplining, promotion, demotion or dismissal of public officials, appointees or employees or the investigation of charges or complaints against persons, subject to the following conditions:

1. Only when public discussion could be reasonably expected to cause damage to the reputation or violate the individual’s right to privacy.

2. Person charged or investigated has right to be present.

3. Person charged or investigated may request in writing that the investigation be conducted in open session, such requests must be honored.

4. Any person bringing charges shall be permitted to be present (does not specify participation).

B. Discussion or consideration of suspension or expulsion of a student, the cost of whose education is paid from public funds. The student and legal counsel (and parents or guardian if student is a minor) shall be permitted to be present if student, parents, or guardian so desire.

C. Discussion or consideration of the condition, acquisition or the use of real or personal property only if premature disclosure would prejudice the bargaining position of the body or agency.

D. Board discussion of labor contracts and proposals and meetings may be held in executive session. (Negotiations between the representatives of a public employer and public employees are closed unless opened by agreement of both parties.

E. Consultations between a body or agency and its attorney concerning legal rights, pending litigation, and settlement offers, when premature public knowledge would give the Board substantial disadvantage.

F. Discussion of records made, maintained, or received by the body or agency, when access by the general public is prohibited by statute.

Legal Reference: Title 1 MRSA, § 405

Cross Reference: BDC – EXECUTIVE SESSIONS

Adopted: January 13, 1989
Revised: 2001
Revised: May 14, 2001

BED

SOUTH PORTLAND SCHOOL DEPARTMENT REMOTE PARTICIPATION IN SCHOOL BOARD MEETINGS

The South Portland School Department allows members of the Board to participate in a public meeting of the Board by remote methods in limited circumstances as provided in 1 MRSA §403-B.

For the purpose of this policy, “remote methods” means telephonic or video technology allowing simultaneous reception of information and may also include other means necessary to provide reasonable accommodations to individuals with disabilities. Remote participation by board members cannot be by text-only means such as email, text messages, or chat functions.

Members of the Board are expected to be physically present for board meetings except when being physically present is not practicable.

Circumstances in which physical presence for public meetings is not practicable include:

1. The existence of an emergency or other issue that requires the Board itself to meet by remote methods.
An emergency may be a State-declared emergency, where there has been a declaration of a state of emergency by the Governor that applies to the school unit, or a local emergency (e.g., adverse weather conditions) or urgent issue requiring Board action.
The Board Chair, in consultation with the Superintendent, will determine whether there is a local emergency or urgent issue that requires a remote meeting of the Board.

2. Illness, or other physical condition, or temporary absence from the area governed by the Board that causes a Board member to face significant difficulties traveling to and attending in person at the designated physical location of the Board meeting.
Prior notice of the Board member’s absence and the reason for it, with indication that the Board member plans to participate remotely, should be communicated to the Board Chair as far in advance of the meeting as practicable.

The opportunity for the public to comment at Board meetings (20-A MRSA §1002(20)) applies to remote public meetings. If the Board allows or is required to provide an opportunity for public participation/public input during the meeting, an effective means of communication between the members of the Board and the public must be provided (e.g., submitting comments or questions by chat, raising hand on Zoom, submitting written comments to the Superintendent’s office at least 24 hours in advance). Individuals with disabilities seeking a reasonable accommodation should contact the Board Chair as far in advance of the Board meeting as practicable.

Members of the public participating in public meetings of the board are expected to comply with the guidelines for public participation provided in the Board’s policy BEDH, or in such rules as the Board may develop specifically for remote meetings.

Notice of all Board meetings is required (1 MRSA § 406). When the public may attend by remote methods, notice must include the means by which members of the public may access the meeting using remote methods. The notice must also identify a location for members of the public to attend in person. The Board may not determine that public attendance at a meeting will be limited solely to remote methods except under the conditions in subparagraph 1 above (emergency or urgent issue meetings).

A member of the Board who participates remotely in a public meeting of the Board is considered present for purposes of a quorum and voting.

All votes taken during a public meeting of the Board using remote methods must be taken by roll call vote that can be seen and heard if using video technology, and heard if using only audio technology, by the other members of the board and the public.

The Board will make all documents and other materials to be considered by the Board available, electronically or otherwise, to members of the public.

Remote participation is not permitted for meetings where voters of the School Administrative Unit meet to vote as a legislative body, such as budget meetings.

Legal Reference: 1 MRSA § 403-B, 406
20 MRSA §1001(20)

Cross Reference: BEC – Executive Session
BE – Board Meetings
BEDA – Notification of Board Meetings
BEDB – Agenda
BEDD – Rules of Order
BEDH – Public Participation at Board Meetings
BIC – Board Member Compensation
KE – Public Concerns and Complaints
Adopted: _September 13, 2021

BEDH - PUBLIC PARTICIPATION AT BOARD MEETINGS

Regular, special and emergency meetings of the School Board are open to the public. This Board, as an elected representative body of the school unit, wishes to provide opportunity for citizens to express interests and concerns related to the matters under consideration by the Board. The public is cordially invited to attend and participate as set forth in this policy.

Board meetings are conducted for the purpose of carrying out the official business of the School Department. The meetings are not public forum meetings (as are town meetings), but are meetings which are held for the Board to do its business in public. The minutes of each public meeting will record the action taken and will show how the Board voted on each item presented for action. The journal of minutes is open and available to the public during normal business hours in the Office of the Superintendent of Schools.

Orderly conduct of a meeting does not permit spontaneous discussion from the audience nor among Board members. Individuals or organizations desiring to make requests, presentations or proposals on matters before the Board will be provided that opportunity.

Generally, opportunities for public participation will be provided in two places on the agenda. Opportunities to speak on agenda items will take place prior to the Board’s vote on those items. Comments on items not on the agenda will take place prior to adjournment.

The intent of this policy is to allow a fair and adequate opportunity for the public to be heard, to provide adequate time for the Board to obtain necessary information on a subject before it, and to see that time allowed for open discussion does not interfere with the fulfillment of the scheduled agenda of the Board.

An agenda shall be published in advance of each meeting in accordance with Board policy. Copies are to be posted, or available at the Superintendent’s office and in each school, city hall, the public library or other appropriate public facilities. Anyone desiring additional information about any item on the agenda should direct such inquiries to the Office of the Superintendent.

The following “ground rules” are to further guide public participation at meetings:

A. All speakers are to identify themselves as they begin talking. They will not be permitted to participate in gossip, make defamatory comments, or use abusive or vulgar language. The Board Chair will maintain the prerogative to discontinue any presentation which violates any of the public participation guidelines.
B. No complaints or allegations will be allowed concerning any personnel or any person connected to the school system. If appropriate, concerns about an individual will be handled in a conference where the rights and interests of all parties will be appropriately regarded.

C. All speakers are to address the Board Chair and may direct questions or comments to Board Members or other officers of the school system only upon approval of the chair. Members of the Board and the Superintendent have the privilege of asking questions of any person who addresses the Board. Such questions must be addressed through the chair.

D The Chair may limit the time given to comments on a particular topic as well as the time any individual may speak.

E. In the event of a sizable audience, the chair may require persons interested in speaking to so indicate by signing up to speak, so they may be called on in the most expedient order.

F. Comments and suggestions will be welcomed and given consideration by the Board. Speakers may offer objective comments on school operations and programs that concern them. Generally, the Board may hear but not discuss or act on an item not on the agenda. Personnel and/or personal matters or complaints will not be entertained in a public meeting but will be deferred to established resolution procedures.

G. Citizens, employees, and others with a legitimate interest in the Board’s business are welcome to participate as provided in this policy. Others may be recognized to speak at the Board’s discretion. Employees or employee groups will not be permitted to discuss matters for which other, more appropriate forums, are provided.

H. Generally, duplication or repetition of comments to the Board should be avoided in order to make the most efficient use of the time in meetings. Groups or organizations are requested to be represented by designated spokespersons.

Legal Reference: Title 1 MRSA §. 401, ET SEQ. – FREEDOM OF ACCESS
Cross Reference: BDC – EXECUTIVE SESSION
BDDA – NOTIFICATION OF BOARD MEETINGS
BDDC – AGENDA PREPARATION AND DISSEMINATION
BDDD – QUORUM
BDDE – RULES OF ORDER
BDDG – MINUTES
Adopted: April 14, 1975
Revised: October 13, 1980
Revised: November 10, 1997
Revised: 2001
Revised: May 14, 2001

BFD - POLICY DISSEMINATION

Board of Education policies are maintained in up-to-date order in loose leaf notebook form in each principal’s office. It is the responsibility of principals to notify teachers of policy changes as they are made, and it is the responsibility of all personnel to familiarize themselves with policy. Copies of the Board of Education Policies will be available at all school libraries, the public library and in City Hall.

The principal or his / her designee and the classroom teacher shall have the responsibility for informing all students of the policies and rules and regulations to which they are subject.

Students shall have the responsibility to know and respect the policies and rules and regulations of the school. Students shall have the further responsibility to behave in a manner appropriate to good citizenship.

Adopted: March 8, 1976
Revised: 2001
Revised: May 14, 2001

BFE - ADMINISTRATION IN POLICY ABSENCE

In cases when action must be taken within the South Portland School Department and the Board has provided no guidelines for administrative action, the Superintendent shall have the power to act.

His/her decisions, however, shall be subject to review by action of the Board at its next regular meeting or a special meeting, if needed. It shall be the duty of the Superintendent to inform the Board promptly of such action and the need for policy.

Cross Reference: CBA – Duties & Responsibilities of the Superintendent
Cross Reference: CHD – Administration in the Absence of Policy

Adopted: May 14, 2001

BFF - SUSPENSION OF POLICIES

Any procedure or policy may be suspended or amended at any meeting with a three-fifths vote of the Board.

Adopted: May 14, 2001

BFG - POLICY REVIEW AND EVALUATION

These procedures and policies shall be reviewed each year and revised as needed.

Adopted: May 14, 2001

BG - POLICY DEVELOPMENT

It is the intent of the Board to develop written policies to serve as guidelines and goals for the successful and efficient functioning of the South Portland School Department

The Board considers policy development its chief function, along with providing the wherewithal--such as personnel, buildings, materials, and equipment—for the successful administration, application and execution of its policies.

The Board accepts the definition of policy set forth by the National School Boards Association:

“Policies are principles adopted by the School Board to chart a course of action. They tell what is wanted; they may include why and how much. Policies should be broad enough to indicate a line of action to be followed by the administration in meeting a number of problems, yet narrow enough to give clear guidance. Policies are guides for action by the administration, which then sets the rules and regulations to provide specific directions to school district personnel.”

It is the Board’s intention that its policies serve as sources of information and guidance for people who are interested in or connected with the South Portland School Department.

The policies are framed, and are meant to be interpreted, in terms of state statute, rules of the State Board of Education, and all other regulatory agencies within our local, county, state, and federal levels of government. The policies are also framed, and are meant to be interpreted, in terms of those educational objectives, procedures, and practices which are broadly accepted by leaders and authorities in the public education field.

Changes in needs, conditions, purposes, and objectives will require revisions, deletions, and additions to the policies of the current Board and those of the future. The Board will welcome suggestions for ongoing policy development.

Cross Reference: BFC – POLICY ADOPTION AND AMENDMENT

Adopted: June 12, 1989

BG-R - POLICY ADOPTION

Except for policy actions to be taken on emergency measures, the adoption of Board policies shall follow the following sequence:

1. Educational Policies Committee prepares new or revised policies for consideration.

2. Announcement and distribution of proposed new or revised policies as an item on a regular Board agenda.

3. Opportunity offered for concerned groups or individuals to react to policy proposals as part of a regular Board agenda.

4. Discussion and final action by the Board on policy proposals.

The final vote to adopt or not to adopt shall take place at a regular Board meeting unless the item is tabled for additional public input. In the latter case, the policy will be voted upon at the next regular meeting of the Board of Education.

1. Prior to enactment, all policy proposals shall be titled and coded as appropriate to subject and in conformance with the codification system
used in the Board policy manual.

2. Insofar as possible, each policy statement shall be limited to one subject.

3. Policies and amendments adopted by the Board shall be attached to and made part of the minutes of the meeting at which they are adopted and shall also be included in the policy manual of the district.

4. Policies and amendments to policies shall be effective immediately upon adoption unless a specific effective date is provided in the adopted resolution.

Emergency Procedure

In the event that it is not practical for the Educational Policies Committee to endorse a policy, the Board may waive this procedure and take immediate action to adopt new or revised policies. When such action is necessary, the Superintendent shall inform concerned groups or individuals about the reasons for this necessity.

Annual Reaffirmation of Policies

The Board’s set of written policies shall be readopted at each annual organizational meeting, subject to the understanding that all policies not established by law and/or contractual arrangements may be changed through Board action as described above.

Adopted: June 12, 1989

   BIA

NEW SCHOOL BOARD MEMBER ORIENTATION

In order that newly elected School Board members may cast informed votes and function effectively as School Board members, the School Board and Superintendent will extend to them the fullest measures of courtesy and cooperation, and will make every reasonable effort to assist newly elected School Board members in understanding the School Board’s functions, policies, procedures and current issues.

A.    In the interim between a new member’s election or appointment and his/ her assuming office, the School Board, through the Superintendent, will invite newly elected members to attend meetings, except those held in executive session, and provide newly elected members with agenda, minutes and reports applicable to those meetings. During the time between election or appointment and the assumption of office, the status of the future-member remains that of a private citizen and not that of an elected or appointed official.

B.     The School Board, through the Superintendent, will provide new members with copies of appropriate publications, such as the School Board policy manual, student handbook(s), collective bargaining agreements, and current budget documents.

C.     The Superintendent will remind School Board members of their obligation to complete, not later than the 120th day after the date of taking the oath of office, training on the requirements of Maine’s Freedom of Access Law. The Superintendent will provide School Board members with information regarding available training options. Each School Board member shall attest by means of a written or electronic record that he/she has completed the training and provide a copy of such record to the Superintendent’s Office. To facilitate documentation of training, the Superintendent will make available to School Board members copies of the State’s sample Certification of Completion of Freedom of Access Training form.

D.     The School Board will encourage new members to attend appropriate in-district and out-of-district orientation and/or boardsmanship workshops. Reimbursement for such activities must be approved in advance by the School Board Chair, in consultation with the Superintendent, and is subject to the availability of funds.

E.      The Chair and Superintendent will schedule and arrange for an orientation session for new School Board members as soon as practicable after election or appointment. A reasonable amount of time will be provided for discussion of:

1.      The roles and responsibilities of the School Board and individual members;

2.      Basic operational procedures of the School Board;

3.      Placement of items on the agenda;

4.      The role of committees, subcommittees and advisory committees; How and why executive sessions may be held;

5.      What is considered confidential or privileged information;

6.      Appropriate responses of an individual member when a request or complaint is made directly to him/her by a student, parent or member of the community;

7.      How the School Board responds to complaints involving personnel; General information about the school system and its resources;

8.      How School Board members in fulfilling their duties, may request information concerning schools and the school unit’s operations, finances and personnel;

9.      How to use social media appropriately as a member of the Board;

10. How School Board members may make arrangements to visit schools and the protocol for such visits;

11. Protocol for dealing with the media; and

12.  Other relevant topics.

All School Board will be invited to the orientation session and encouraged to attend. The orientation is intended to serve as a useful review of basic boardsmanship concepts for experienced members, as well as an opportunity to provide information and counsel to new School Board members.

Adopted: November 13, 2019

BIB - BOARD MEMBER DEVELOPMENT OPPORTUNITIES

On-going development and in-service education are critical aspects of the overall operation of a school system. It is recognized that the Board Members of this school system, like administrators, teachers and other school personnel, need to be well informed and to stay current on education issues. Continually enhancing Boards members skills is necessary to make each the best that he/she can be.

Participation is encouraged in appropriate local, regional, state and national programs sponsored by the Maine School Boards Association, the Maine School Management Association, The National School Boards Association and other recognized leaders in education. This Board is committed to the further development on behalf of the children in our schools. Adequate funds are to be budgeted annually to fulfill that important responsibility of school governance.

Reasonable expenses incurred by Board Members when giving of their time to obtain in-service education shall be reimbursed in accordance with existing policy and budget allocations.

Members shall briefly report to the Board and the public at a meeting subsequent to a formal in-service experience. This is to share knowledge gained and to inform the community of the benefits from such expenditures to enhance the ability to oversee the school system effectively. Written reports, by Board Members or about in-service education events attended, shall appear in school and community publications when appropriate as part of the school system’s public information program.

The Board is committed to the individual and collective seeking of good advice, reliable information and feasible solutions to problems. The Board’s needs are included with those of the staff for a well-developed, comprehensive in-service education program to assist all who are responsible for effective and enlightened school leadership.

Adopted: May 14, 2001

BID - COMPENSATION

The annual compensation of School Board members shall be one thousand dollars ($1,000.00). The effective date of this amendment shall be January 1, 1987.

Adopted: May 14, 2001

CB - SCHOOL SUPERINTENDENT
A primary function of the School Board is to select a Superintendent of schools. To select a Superintendent, a majority vote of all of the members of the Board shall be required. He/She may be appointed to a contract of up to five years in accordance with the laws of the State of Maine.

The Superintendent shall executive officer of the Board. In addition, under Maine Statutes he/she shall serve as secretary ex officio to the Board. He/she shall attend all meetings and have the right to speak on all subjects, but shall have no vote.

The Superintendent shall administer and supervise the public educational system of the town. He/She shall have discretionary authority, subject to later approval by the Board, to act upon all emergency matters and those as to which his/her power and duties are not particularly set forth or limited.

The Superintendent shall devote his/her entire working time to the duties of the position. He/She may without violation of the provisions of this section, perform educational functions outside the town with approval of the Commissioner of Education and the Board.

Legal Reference: Title 20A MRSA SEC.1001
Title 20A MRSA SEC.1053

Adopted: May 14, 2001

CBAA - AUTHORIZATION TO HIRE

The Superintendent shall offer contracts to outstanding candidates as a matter of expediency whenever normal procedures would tend not to be in the best interest of the school department.

The appointments will be confirmed by the Board of Education at its next regular or special meeting.

Adopted: May 14, 2001

CBAB - AUTHORIZATION TO ACCEPT RESIGNATIONS

The Superintendent is authorized to accept, on behalf of the Board, resignations from school system employees when such a resignation is tendered between Board meetings, and it is not convenient to defer action on the resignations until the next scheduled meeting. The Superintendent shall acknowledge receipt of and accept the resignation in writing and present the resignation and acceptance to the Board at its next subsequent meeting for the Board’s information and action, as necessary.

Adopted: May 14, 2001

CBB - RECRUITMENT AND APPOINTMENT OF SUPERINTENDENT

The Board shall establish its own procedures for recruitment prior to the election of a new Superintendent, but shall include:

(1) Public advertisement in newspapers of at least the Portland area.
(2) A screening process by members of the Board or at its discretion, by a consultant from outside the South Portland School System.
(3) An interview with each finalist prior to election.

Legal Reference: Title 20-A MRSA Section 1001

Adopted: October 13, 1980
Revised: April 13, 1981
Revised: April 2001
Revised: May 14, 2001

CBI - EVALUATION OF THE SUPERINTENDENT OF SCHOOLS

The Board will evaluate the performance of the Superintendent as a regular and scheduled activity. The purpose of this evaluation process is to:
. Promote professional excellence
. Identify areas of job performance
. Assess the Superintendent’s level of achievement in those areas
. Provide a basis for improvement in the performance of duties and responsibilities
. Establish a context within which to make effective personnel decisions

Process

The Superintendent of schools shall be evaluated annually by the Board of Education. The evaluation shall be based on the Superintendent’s effectiveness in carrying out the responsibilities delineated in his/her job description and on the progress made in achieving the goals cooperatively developed with the Board of Education.

Evaluation of the Superintendent should be at a scheduled meeting of the Board of Education in executive session. The evaluation should be a composite of the individual Board member’s opinions.

Both parties should prepare for the evaluation—the Superintendent by conducting a self-evaluation, and the Board of Education by examining various sources of information relating to the Superintendent’s performance. The Board’s evaluation should be supported by specific examples of the Superintendent’s conduct/performance, and should represent the perspective of the majority of the Board.

After a discussion with the Superintendent and completion of the evaluation process, the Board Chair shall prepare a final written evaluation of the Superintendent’s performance for the previous school year. A copy of this summary report shall be signed by the Board Chair on behalf of the Board. Signed copies of the form shall be distributed as follows:
. Copy placed in the Superintendent’s personnel file
. Copy given to the Superintendent

Mid-Year Assessment:

At the request of the Superintendent or the Board of Education, a mid-year assessment may take place. An executive session will be called by the Chair.

Areas of Evaluation:

The Board of Education will use the following standards 1 to set goals and to evaluate the Superintendent.

The Superintendent is an educational leader who promotes the success of all students by:
Standard 1: facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community.
Standard 2: advocating, nurturing, and sustaining a school culture and instructional program conducive to student learning and staff professional growth.
Standard 3: ensuring management of the organization, operations, and resources for a safe, efficient, and effective learning environment.
Standard 4: collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources.
Standard 5: acting with integrity, fairness, and in an ethical; manner.
Standard 6: understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context.

(The full description of these standards can be viewed within the Interstate School Leaders Licensure Consortium (ISLLC) Standards).

Evaluation Format

The format of the evaluation will be developed by the Board of Education and shared with the Superintendent.

Goal-setting

Using the evaluation of performance for a given year and new priorities established by the Board of Education, the Board and the Superintendent will cooperatively develop clearly understood performance goals for the ensuing year. Progress toward these goals will be included as part of the next Board of Education evaluation of the Superintendent.

Cross Reference: Superintendent’s Job Description

Adopted: July 11, 1988
Revised: July 8, 1991
Revised: 2001
Revised: May 14, 2001
Revised: May 10, 2010

Council of Chief State School Officers. (1996). Interstate School Leaders Licensure Consortium (ISLLC) Standards for School Leaders. Washington, DC: Author. Available:
http://www.ccsso.org/content/pdfs/isllcstd.pdf.

CN - EVALUATION OF ADMINISTRATIVE STAFF

Principals, Assistant Principals, and Directors shall be evaluated annually by the Superintendent and by the Assistant Superintendent or appropriate central office staff. Evaluations shall be based in part on job description and in part on goals and objectives cooperatively developed by persons to be evaluated and the Superintendent or the Assistant Superintendent.

Adopted: July 13, 1987
Revised: 2001
Revised: May 14, 2001

DA - FISCAL MANAGEMENT GOALS

The Board recognizes that money and money management comprise the foundational support of the whole school program. To make that support as effective as possible the Board intends:

A. To encourage advance planning through the best possible budget procedures;
B. To explore all practical and legal sources of dollar income;
C. To guide the expenditure of funds so as to achieve the greatest educational returns;
D. To require maximum efficiency in accounting and reporting procedures; and
E. To maintain a level of per pupil expenditure needed to provide high quality education.

As trustee of local, state and federal funds allocated for use in education, the Board has the responsibility to project the funds and use them wisely.

Adopted: June 11, 2001

DB - ANNUAL BUDGET

The Board recognizes that financial resources and the proper management of same are fundamental to the support of school programs and operations. With this in mind the Board will develop and present an annual operating budget as directed by applicable laws.

The annual budget will be for a 12 month period covering the fiscal year July 1 through June 30.

The Board shall designate the Superintendent as its budget officer, but he/she may delegate portions of such responsibility to the business manager, who shall serve as the Superintendent’s adviser on financial planning.

The three general areas of responsibility of the budget officer are budget preparation, budget presentation and budget administration.

Legal Reference: TITLE 20A MRSA SEC. 15617 ET SEQ.

Adopted: June 11, 2001

DBH - BUDGET ADOPTION PROCEDURES

The budget shall include, in addition to operating expenses and expected income for the ensuing year, the sums required for meeting bonds falling due, interest on the bonds and other obligations, rentals and other fixed charges. These proposals shall be thoroughly explained and the citizens shall be given an opportunity to be heard.

The school budget shall be consistent with the provisions of Sec. 510 of the South Portland City Charter.

Legal Reference: South Portland City Charter
Title 20A MRSA Sec. 15617-4 ET SEQ.

Adopted: June 11, 2001

DD - FUNDING PROPOSALS AND APPLICATIONS

Authorization to apply for outside sources of funding (local, state, federal) must have the prior approval of the Board.

Adopted: June 11, 2001

DFEA - FREE ADMISSIONS

The issuing of passes to high school athletic contests shall be under the jurisdiction of the Superintendent of Schools and the Athletic Director.

Passes will be issued to citizens of South Portland sixty-five years of age or older who file a request for the same with the Athletic Director - proof of age may be required, i.e. driver’s license or birth certificate.

Adopted: March 10, 1969
Revised: April 11, 1977
Revised: February 9, 1998
Revised: 2001
Revised: June 11, 2001

DFG - INCOME FROM SCHOOL SALES AND SERVICES

Each request for the sale of books, magazines and other materials must be cleared through the building administrator. Each request will be decided on its own merits.

No student shall be required to purchase materials, and any sales which are approved shall be handled in such a way that no parent or student shall feel under any pressure to make purchases.

A simple running account is to be kept showing all money received for supplies sold to students.

All money received is to be turned in to the school treasurer or the building administrator for accounting per school system policies and practices.

Adopted: Prior to 1985
Revised: 2001
Revised: June 11, 2001

DFI - TUITION RECEIVABLES

The purpose of this policy is to establish what actions will be taken in the event that a private tuition bill has not been paid.

The previous year’s tuition bill must be paid in full before a student is allowed to return to South Portland Schools.

One-half of the tuition charged must be paid prior to September 1 of that school year before the student can enter a South Portland school. The second half must be paid at the start of the second semester and no later than January 23.

Adopted: June 11, 2001

DH - BONDED EMPLOYEES

All employees of the South Portland School Department are bonded through the policy of the City of South Portland in the amount of $100,000 whenever it is necessary to handle money as part of their job performance.

Adopted: June 9, 1975
Revised: January 12, 1998
Revised: 2001
Revised: June 11, 2001

DI - FISCAL ACCOUNTING AND REPORTING

The Superintendent shall be ultimately responsible for properly accounting for all funds of the school system.

The accounting used shall be in accordance with requirements of the Maine Department of Education and with good accounting practices, providing for the appropriate separation of accounts, funds and special monies.

The Board shall receive monthly financial statements from the Superintendent showing the financial condition of the school system.

It shall be the duty of the business manager to direct and supervise the preparation of monthly and annual reports to the Superintendent and the Board; to advise principals and other administrators periodically of expenditures related to budget appropriations; and to prepare financial reports required by the Maine Department of Education. The business manager shall maintain all financial records.

Adopted: June 11, 2001

DIA - ACCOUNT BOOKS

Each school shall be responsible for keeping a financial account book recording all monies received and expended by teachers and the principal. (Financial account book will be provided by the school department.) All transactions will be appropriately identified by headings in columns. It shall be the responsibility of the building principal to keep the records as determined by the central office. Records will be turned over to the Superintendent of Schools upon request for auditing (usually in June).

Adopted: June 9, 1975

DID - INVENTORIES

Inventory of property and equipment shall be taken on an annual basis. The inventory system shall serve both the functions of control and conservation.

Responsibility for this shall be with the Superintendent through the business manager, to whom principals and supervisors shall be accountable for the maintenance of proper inventories in their schools.

Adopted: June 11, 2001

DIE - AUDITS

The school system’s books shall be audited annually by the City of South Portland, based on the July 1 to June 30 fiscal year. The business manager shall be responsible for working with auditors in their conduct of annual or other audits as required.

Legal Reference: TITLE 20A MRSA SEC. 6051 ET SEQ.

Adopted: June 11, 2001

DJ - PURCHASING

The school system, in its operation, must by necessity purchase many items. These purchases must be carried out in an orderly and responsible manner. Because the school system is a public entity, purchases must also be made with the awareness of the public’s “right to know.” The following, therefore, seeks to implement a policy that takes into account these many facets.

Quotation – bid – R. F. P.

For the purposes of this policy, a bid or request for a quotation will be considered as one and the same. Request for Proposal (RFP) is a form of bid request in which the specifications of work to be performed or item to be rendered will be described by the submitting person or party.

Number of Bids and Advertising

In requesting bids, at least three will be routinely sought. These may be from local people, business, or firms or from those outside of town. Every effort will be made to identify local parties who may be interested in providing articles and local parties who may be interested in providing articles and services to the school system and seek their bids. In the event that two or more parties cannot submit bids, then notices of the item or services sought will be advertised in local paper(s).

Sole Source

There are exceptions to every rule and there are times that only one supplier will be or can be used. If a class has standardized on a certain computer, for example, it would not be advantageous t seek bids from other manufacturers for an additional unit. Likewise, a certain product or line is clearly superior to others and faculty and / or staff may feel that this is the only brand that is acceptable. In this case, a “sole source” purchase would be permissible. Sole source purchases may only be authorized by the business manager or Superintendent.

Dollar Limit

The efficient operation of any enterprise requires that many purchases be made each day. To require that each and every one be placed out to bid would cause tremendous delays and inefficiencies. Therefore, purchases of $10,000 or more must be placed out to bid. The grouping of smaller items, such as office supplies, to allow for them to be bid out should be encouraged. Purchases between $801-$10,000 must be informally bid (quotes).

Opening of Bids

The policy of the school system will be to schedule the opening of bids at a convenient time during the day. The bids will be opened at a specified time after which no other bids will be entertained. The results will be tabulated and analyzed by the Superintendent or his / her authorized representative.

There are times when it is mutually advantageous to submit bids or quotations jointly. Examples of this might be fuel oil, paper, or other items where large volumes bring reduced prices. The other parties or a spokesperson for all the parties in this case may place an item out for bid on behalf of the school system. The bids, once opened, then are handled as are all others with a review and award.

Awarding of Bids

The awarding of the contract for the service or items to be purchased will be to the person, firm or company that provides the best service or item at the least cost to the school system. All bids of fifteen thousand dollars or more shall be awarded by the Board. Bids of lesser amounts may also be awarded by the Board when circumstances or Board wishes dictate.

Bid Format

The school system will use a bid cover sheet and format that outlines the procedures for submitting a bid.

Adopted: June 11, 2001
Cross Reference: City of South Portland Code of Ordinances Section 2

DJA - PURCHASING AUTHORITY

No staff member shall purchase materials in the name of the school department for his or her own personal use. All expenditures of school funds must be approved in advance by the Superintendent. Failure to follow this procedure will result in the individual making the purchases becoming personally responsible for expense.

Adopted: Date of Manual Adoption
Revised: February 9, 1998
Revised: 2001
Revised: June 11, 2001

DJB - PETTY CASH ACCOUNTS

In order to facilitate refunds and minor purchases, the Board authorizes a petty cash fund in each school and in the Superintendent’s Office.

The custodian for such accounts at the schools will be the building administrator. The account custodian at the Superintendent’s Office will be the business manager.

Each transaction must be supported with proper receipts by the account custodian.

Justifiable expenditures from the petty cash accounts will include but not be limited to: miscellaneous materials and supplies ($50 maximum) for office supplies, stamps and freight. All items purchased with petty cash funds should meet the criteria of an expedient measure and must not be used to circumvent established policy on purchasing authority.

The petty cash funds will be replenished as funds and are to be reimbursed to each account through accounts payable after approval by the Superintendent/designee and the business manager.

Adopted: June 11, 2001

DJF - PURCHASING PROCEDURES

All purchases are handled through the Central Office. All staff members are expected to follow appropriate procedures as established by the Central Office.

Adopted: Date of Manual Adoption
Revised: February 9, 1998
Revised: 2001
Revised: June 11, 2001

DN - SCHOOL PROPERTIES DISPOSAL PROCEDURE

Surplus property shall be disposed of in the following manner:

A. Items having a resale value:

1. Other municipal departments shall have first option on surplus property. The charge assessed for surplus property transferred to them shall be determined by the City of South Portland after consultation with appropriate school personnel.

2. Surplus property, including books, to be offered for sale shall be disposed of by sealed bid, public auction, or public sale. Public notice of any sale of surplus property shall be made at least one week in advance of the date of an auction, sale, or opening of sealed bids.

3. Any surplus property which is offered for public sale and is not sold may be disposed of at the discretion of the Purchasing Agent.

B. Items having no resale value or of insufficient value:

1. Salvageable parts may be removed and stored or used in restoring compatible school equipment to an operable condition. The remainder of the item may be disposed of at the discretion of the Purchasing Agent.

2. Worn and outdated books may be offered to students, charitable organizations, other schools, and the general public.

3. Surplus property may be disposed of at the discretion of the Purchasing Agent.

All revenues which result from the sale of surplus property shall be credited as miscellaneous income except in those instances where law requires that it be credited to a specific account.

Legal Reference: TITLE 20A MRSA SEC. 4102 ET SEQ.
Cross Reference: South Portland Code of Ordinances, Sec. 2-170
Adopted: June 11, 2001
Revised: May 31, 2002

EA - SUPPORT SERVICES GOALS

Support services are essential to the successful function of a school system. Management of auxiliary operations is therefore an important responsibility of the administration. It should be remembered, however, that education is the school system’s central function; all support services shall be provided, guided, and evaluated by this requirement.

In order to provide support services that are truly supportive of the educational program, the Board establishes these broad goals:

A. To provide a physical environment for teaching and learning that is safe and pleasant for students, staff, and public;
B. To provide safe transportation for students to and from school and nutritious meals for students; and
C. To provide support services, resources, and assistance to fulfill the needs of the educational program.

Adopted: June 11, 2001

EB - SAFETY PROGRAM

It shall be the policy of the Board to take every reasonable precaution to protect the safety of all students, employees, visitors and others present on school property or at school-sponsored events.

The practice of safety shall be considered part of the instructional plan of the schools by virtue of educational programs in traffic and pedestrian safety, driver education, fire prevention, emergency procedures, etc., appropriately geared to students at different grade levels.

Each building administrator shall be responsible for the supervision of a safety program for his/her school, and the Superintendent shall have overall responsibility for the safety program of the school system. General areas of emphasis shall include, but not be limited to: in-service training; accident record-keeping; plant inspection; driver and vehicle safety programs; fire prevention; school site selection; and emergency procedures and traffic safety problems relevant to students, employees, and the community.

Adopted: June 11, 2001

EBA - DIRECTOR OF BUILDINGS AND GROUNDS

The Board of Education requests that the Fire Chief and the Building Inspector make four inspections a year of all school buildings and render reports to the Director of Buildings and Grounds following each inspection.

Revised: May 12, 1975
Revised: 2001
Revised: June 11, 2001

EBAA - REPORTING OF HAZARDS

This policy was developed to assure that the South Portland School Department is in compliance with Chapter 22 Title 26 Maine Revised Statutes Annotated, 1984 Public Law Chapter 826 Chemical Substance Identification Law.

It will be the policy of the South Portland School Department to have readily available for inspection all Material Safety Data Sheets (MSDS) for all substances as outlined by Title 26, MRSA, § 1709.

A. The MSDS shall be available to any employee during regular working hours.

B. A copy of the MSDS shall be in plain sight at any work station or storage area where substances are found.

C. It will be the policy of the South Portland School Department to obtain all MSDS for all products when purchased.

1. If the item or substance is new, then the MSDS will be reviewed before the item or substance is allowed in the workplace.

2. If warranted by the review of the MSDS, all employees concerned will be retrained accordingly.

3. All MSDS will be updated on an annual basis.

D. It will be the policy of this unit to introduce, maintain and periodically update a documented training program in accordance with the Chemical Substance Identification Law.

The following are the minimum guidelines for the training program:

1. Explain the provisions of the law in detail;

2. Identify any workplace where hazardous chemicals or substances are present;

3. Describe methods of detecting the presence or release of a hazardous chemical in the work area;

4. Describe and explain the physical health hazards and any potential health hazards in the workplace;

5. Availability of written communications and related documents concerning hazardous substances, including how to read a MSDS;

6. Describe and explain methods employees can use to protect themselves from these hazards, including the purpose, proper use and limitation of personal protective equipment;

7. Explain the labeling system and the MSDS;

8. Describe and explain all emergency procedures.

REPORTING OF HAZARDS

It will be required for all custodians to attend all training programs. Documentation of attendance will be required and maintained. Documentation of each training seminar will also be required.

All chemicals or substances that fall within the guidelines of Chapter 22 will be labeled as required. Containers not properly labeled will not be allowed in the workplace until such time as labels are placed on them.

All employees will be given a copy of the Maine law, a list of hazardous chemical substances used in the workplace, and a copy of this policy.

All new employees will be trained before starting work.

When it becomes necessary to dispose of dangerous chemicals, the system will do so through an agency which has been licensed by the state to remove and dispose of chemicals.

When it becomes necessary to store chemicals awaiting their removal from the school system, storage shall be in an approved tank or building.

The South Portland School Department will, as a matter of policy in all contracts with outside contractors, inform the contractor of the hazardous chemicals to which the contractor may be exposed along with appropriate protective measures. The South Portland School Department will also request the same information about contractors’ chemicals.

This policy will be reviewed annually.

Legal Reference: Title 26 MRSA Sec. 1709, ET SEQ.
Adopted: June 11, 2001
Revised: May 31, 2002 Adopted:

EBBA - FIRST AID

“First Aid” is defined as immediate and temporary treatment and care in the event of an accident or injury, before a physician’s care can be obtained. Because of the presence of children and staff engaged in a variety of activities together, accidents and injuries at school are expected.

The Superintendent shall establish and implement procedures for handling accidents and injuries, which shall make clear the responsibilities of various school personnel. They shall be based on “Recommended Procedures for Emergency Care,” “Guidelines for Managing School Emergencies” and other documents included by the state in the School Health Manual. Also, there shall be a system for accident reporting, for maintaining emergency health and contact information on each student in the school system, and the designation and first-aid training of appropriate individuals in the schools.

Legal Reference: Title 20A MRSA Sec. 4009
Adopted: June 11, 2001

EBBA-E - FIRST AID, EMERGENCY AND ACCIDENT CARE

Protocol

The South Portland School Health Services Personnel shall follow guidelines delineated in The School Health Manual developed by MDESC and DHS and Local School Health Manual.

Manner In Which The Policy Will Be Enacted:

1. Minor injuries may be managed by the school principal or his / her designee utilizing the accepted procedures with notification of appropriate nurse.
2. Treatment of serious injuries should be given by licensed medical personnel whenever available, i.e. physician, nurse, EMT.
3. Accident reports will be completed by the principal or his / her designee. Copies will be distributed to the student’s file, school nurse, and Superintendent’s office.

Notice of Injury

Parents / guardians will be notified by the principal or his / her designee. Copies will be distributed to the student’s file, school nurse and Superintendent’s office.

Guidelines / Forms

Local School Health Manual located in each school, Central Office and School Nurse’s Office.
1. In the event of serious accident, the building administrator shall immediately notify the home, the appropriate school nurse and the Office of the Superintendent of Schools. The administrator shall complete the necessary accident report form and submit it to the Office of the Superintendent of Schools.
2. Emergency information for each student will be readily accessible and will include the following:
a. Name, home address, and business address of parent or guardian.
b. Telephone number (home and business)-(be alert for unlisted numbers).
c. Name, address, and telephone number of person responsible for student if parent or guardian is not available.
d. Confidential Health Listing identifying known conditions which may affect the child’s health while at school.
e. Authorization for school to take the most prudent action in any extreme emergency. If neither a parent nor a person designated by the parent is available and if hospital attention is required, a teacher or the principal shall accompany the student to the hospital.
3. First Aid Directions to be followed:
a. Recommended Procedures for Emergency Care, as jointly published by the State Department of Education, the State Department of Human Services and the Maine Association of Physical Education and Recreation, have been amended and approved by the School Physician. A poster size chart will be posted in each school.
b. Emergency Recommendations: First Aid, as developed by the Health Services Department have been approved by the School Physician. Copies will be available in each school and distributed to each staff member.
c. Guidelines for Handling Body Fluids in Schools should be followed to minimize transmission of communicable disease.

EBBA-R FIRST AID

The building administrator or his/her designee shall be notified immediately of an injury to any pupil in the school building or on the school premises.

A report of the injury and first aid given shall be made in writing, with a copy sent to the Superintendent and a duplicate copy retained in the school files.

If the pupil is to be sent home, the building administrator shall first determine if the parent/guardian is at home to receive the pupil.

The pupil should not be sent home unless some responsible person in the household is there to receive him/her. In case the pupil is not able to go home unassisted, the building administrator shall require the parent to call for the child or shall provide proper supervision in seeing that the child is escorted safely home.

In the case of serious injury requiring the immediate attention of a physician, the following procedure shall be followed:

A. The school nurse and school physician shall be called immediately and the family notified.
B. If the school physician is not available, the family shall be contacted and the pupil sent to the family physician on the instruction of the parent/guardian.
C. Students will be transported to the nearest hospital by the South Portland Rescue Unit.
D. The parent shall be responsible for any fees in connection with (B) and (C) above.

Legal Reference: Title 20A MRSA Sec. 4009
Adopted: June 11, 2001

EBBB - ACCIDENT REPORTING

In the event of serious accident, the building administrator shall immediately notify the home, the appropriate school nurse and the Office of the Superintendent of Schools. The administrator shall complete the necessary accident report form and submit it to the Office of the Superintendent of Schools.

Revised: 2001
Adopted: June 11, 2001

                                                                                                                                                                                                    File: EBBB-E
                                                                          SOUTH PORTLAND SCHOOL DEPARTMENT 

STUDENT ACCIDENT REPORT FORM

Name:                                                                   Date of Accident:           
    

School:                                                                 Grade:            Teacher:
 

Location: (check one)                                           Time of Accident:               
playground   playscape                                         Witness:                      

gym/p.e. classroom (specify)                                Person Completing Form: 
hall                      stairs
other (specify)

Description of Accident:                                                                            
      

OBSERVATION (check)                                             BODY PART INJURED (check) abrasion 
possible allergic reaction                                             head   teeth  back/spine   genitals                                                             

bruise/bump     poss. fracture/sprain/strain                  eye    neck           arm              leg                                                                         

burn                 laceration/cut                                       nose      shoulder      elbow      knee

puncture           loss of consciousness                         face       abdomen    hand        ankle                                                                     

seizure             other                                                    mouth     chest         finger         foot   

                                                                                     buttock   wrist          toe   

                                                                                     right        left            both

 Immediate Action Taken:  

Parent Notified:              Yes                   No                     Nurse Notified:                 Yes            No

Nurse’s Assessment (when indicated):                                                                
                           

Date:                 Nurse’s Signature:      

Date:                   Principal’s Signature:

Follow-Up:                                                                                          
       

Original:    File in Student Cumulative Record

Copy to:  Director of Finance, HR & Operations
Revised:  December 2022
File
 

EBC - CRISIS INTERVENTION POLICY

A crisis impacts all members of a school community. Therefore, a Crisis Intervention Team shall provide an appropriate response in support of the school community and its members while ensuring accurate and sensitive communication.

It is the policy of the South Portland Board of Education to have established a District Crisis Team (CIT-D). This District Team shall establish and train a Building Crisis Intervention Team (CIT-B) consisting of the principal, secretary, nurse, guidance counselor or social worker, one teacher and an alternate.

The goals of the Crisis Intervention Team are:

1. to plan an appropriate response and to ensure accurate and sensitive communications in the event of a crisis
2. to identify educational needs
3. to provide emotional and physical support throughout a crisis
4. to provide whatever resources are necessary throughout a crisis

The CIT-D shall consist of no more than 10 members representing a cross section of the school community. Members serve for two years and may extend membership or invite another staff member to replace him/her.

Adopted: May 14, 1990
Revised: May, 2001
Revised: June 11, 2001

EBC-E CRISIS PROCEDURE CHECKLIST

School Team Coordinator
Building Principal
Building Crisis Intervention Team

Media Liaison Police - Superintendent or Designee

Rescue Liaison - To be used if crisis warrants

Message Center - Office in each school site. All visiting support personnel should check in with off for assignment and identification.

Site Based Phone Tree - Should include notifying all staff, including bus drivers, physical plant personnel, food service employees, and volunteers.

Crisis Procedure Checklist

1. Verify – Superintendent or Designee. Privacy of the family takes precedence.

2. Notify via phone tree and schedule team meeting.

3. Assess degree of impact.
a. how many sites directly involved
b. notify all staff
c. magnitude of event
d. who should be involved
e. delegate responsibility to others
i. written bulletins or letters
ii. phone calls
iii. classroom presentations
f. notify other school systems
g. prepare statement to be made available to office staff for incoming phone inquiries and media referrals
4. Designate counseling area at each site.
a. designate support personnel
b. establish procedure for self referral

5. Identify at-risk students. Maintain list in guidance or nurse’s office at appropriate site.,

6. In case of death, discuss plans for personal effects of deceased and involve family whenever possible.

7. Set up staff debriefing schedule.

8. Prepare statement to be made available to office staff for incoming phone inquiries and media referrals.

9. Delete name of deceased from computer and any files.

10. Meet to debrief and to discuss following day’s activities.

a. what happened that day
b. what are students’ and staff’s issues and concerns
c. plans for memorial service, if appropriate

11. Meet for post-crisis debriefing, critique and long-term follow-up.

EBC-R CRISIS INTERVENTION PROCEDURE

Step 1 Protect the privacy and wishes of the family.
Step 2 Verify the information regarding the crisis. One person (principal or designee)
Shall contact appropriate resources for verification.
Step 3 Notify the CIT-D chairperson who will notify the Superintendent or designee.
The Superintendent is the only person authorized to release information to the
media.
Step 4 Convene CIT-B to determine:
Phase I
1. The nature and extent of the event
2. Number of buildings involved (siblings?)
3. Who should be involved (other CIT-B, community agencies and services)
4. Delegate responsibility

Step 5 Initiate Action Through Appropriate Team Members

1. Communicate accurate information to teachers
2. Teacher (or other adults) Communicate appropriate information to students
3. Teachers ask for extra assistance from specialists as needed (CIT-D)
4. Teachers help students process feelings in homerooms whenever possible
5. Teachers give information about resource people where students can go throughout the day

After Day One

Step 6 Reconvene CIT-B

1. Team debriefing
2. Assess student and teachers needs
3. Adjust what will be done on following days
Phase II
Evaluate

Step 7 Convene final CIT-B meeting

1. Determine plan of action for further staff development
2. Establish long range plan for students needing extended intervention

The CIT-D Chairperson

Step 8 Convenes final CIT-D/CIT-B meeting

1. Evaluate the process
2. Plan to address identified needs

Adopted: May 14, 1990
Revised: May, 2001
Revised: June 11, 2001

EBCA - COMPREHENSIVE EMERGENCY MANAGEMENT PLAN

The Superintendent and building administrators shall be responsible for developing, in consultation with staff and persons or agencies with expertise in planning for and responding to emergencies, a comprehensive emergency management plan that identifies and addresses all hazards and potential hazards that could reasonably be expected to affect the school unit and school facilities.

The Superintendent and building administrators shall be responsible for ensuring that the plan is implemented in each school and evaluated on an annual basis and after each incident when the plan is used. It is understood that specific procedures may vary from school to school due to differences in school facilities and the ages of students.

As required by law, the Board will approve the plan annually. Any substantive changes in the plan shall be subject to the approval of the Board.

The following information pertaining to the South Portland School Department Comprehensive Emergency Management Plan is considered public information:

A. A description of the scope and purpose of the Plan and the process used for developing and updating it;

B. General information on auditing for safety and preparedness;

C. Roles and responsibilities of school administrators, teachers and staff and the designated chain of command during an emergency; and

D. Strategies for conveying information to parents and the general public during an emergency.

Except as specified in paragraphs A through D above, those portions of the Comprehensive Emergency Management Plan and any other records describing security plans, security procedures or risk assessments prepared specifically for the purpose of preventing or preparing for acts of terrorism shall not be considered public information under the Freedom of Access Act but only to the extent that the release of such information could reasonably be expected to jeopardize the physical safety of school unit personnel or the public. For the purpose of this policy, “terrorism” is defined as in 1 M.R.S.A. § 402(3)(L) as “conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure.”

Legal Reference: 20-A MRSA § 1001(16)

Cross Reference: EBCC Bomb Threats
EBCE Fire Drills

Adopted: June 11, 2001
Revised: April 14, 2008

This is a required policy. Reviewed 12/07

EBCC - BOMB THREATS

The Board recognizes that bomb threats are a significant concern to the school unit. Whether real and carried out or intended as a prank or for some other purpose, a bomb threat represents a potential danger to the safety and welfare of students and staff and to the integrity of school property. Bomb threats disrupt the instructional program and learning environment and also place significant demands on school financial resources and public safety services. These effects occur even when such threats prove to be false.

Any bomb threat will be regarded as an extremely serious matter and treated accordingly. The Board directs the Superintendent to react promptly and appropriately to information concerning bomb threats and to initiate or recommend suitable disciplinary action.

Conduct Prohibited

No person shall make, or communicate by any means, whether verbal or non-verbal, a threat that a bomb has been, or will be, placed on school premises. Because of the potential for evacuation of the schools and other disruption of school operations, placement of a bomb or of a “look-alike” bomb on school premises will be considered a threat for the purpose of this policy.

It is also a violation of Board policy to communicate by any means that any toxic or hazardous substance or material has been placed, or will be placed, on school premises with the intent to endanger the safety and welfare of students or staff and/or to disrupt the operations of the schools. For the purpose of this policy, “toxic or hazardous substance or material” means any material or substance, including biomedical materials or organisms, that, when placed as threatened, could be harmful to humans.

Definitions

1. A “bomb” means an explosive, incendiary or poison gas bomb, grenade, rocket, missile, mine, “Molotov cocktail” or other destructive device.
2. A “look-alike bomb” means any apparatus or object that conveys the appearance of a bomb or other destructive device.
3. A “bomb threat” is the communication, by any means, whether verbal or non-verbal, that a bomb has been or will be, placed on school premises, including possession or placement of a bomb or look-alike bomb on school premises.
4. “School premises” means any school property and any location where any school activities may take place.

Development of Bomb Threat Procedures

The Superintendent/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of the school unit’s Crisis Response Plan. These procedures are intended to inform administrators and staff of appropriate protocols to follow in the event that a bomb threat is received and should include provisions to address:

1. Threat assessment (for the purpose of identifying a response that is in proportion to the threat, in light of what is necessary to ensure safety);
2. Building evacuation and re-entry (including selection of potential alternative sites for those who are evacuated);
3. Incident “command control” (who is in charge, and when);
4. Communications contacts and mandatory bomb threat reporting;
5. Parent notification process;
6. Training for staff members; and
7. Support services for students and staff.

The initial bomb threat procedure will be subject to approval by the Board. The Superintendent/designee will be responsible for overseeing a review or evaluation of bomb threat procedures prior to the Board’s required annual approval of the school unit’s Crisis Response Plan, or following implementation of the procedure in response to a specific threat.

Reporting of Bomb Threats

A student who learns of a bomb threat or the existence of a bomb on school premises must immediately report such information to the building principal, teacher, the School Resource Officer or other employee in a position of authority.

An employee of the school unit who learns of a bomb threat shall immediately inform the building administrator. The building administrator shall immediately take appropriate steps to protect the safety of students and staff in accordance with the school unit’s bomb threat procedure, as developed under Section C, and inform the Superintendent of the threat.

All bomb threats shall be reported immediately to the local law enforcement authority, as provided in the bomb threat procedures.

The Superintendent shall be responsible for reporting any bomb threat to the Department of Education within two business days of the incident. Reports will include the name of the school, the date and time of the threat, the medium used to communicate the threat, and whether or not the perpetrators have been apprehended.

Student Disciplinary Consequences

Making a bomb threat is a crime under Maine law. Any student suspected of making a bomb threat shall be reported to law enforcement authorities for investigation and possible prosecution. Apart from any penalty imposed by law, and without regard to the existence or status of criminal charges, a student who makes a bomb threat shall be subject to disciplinary action by the school.

The administration may suspend and/or recommend for expulsion any student who makes a bomb threat. The making of a bomb threat will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A M.RS.A. § 1001 (9) and will be grounds for expulsion if found necessary for the peace and usefulness of the school.

In addition, a student who is found after hearing by the Board to have brought a bomb to school shall be expelled from school for at least one year in accordance with 20-A M.R.S.A. § 1001(9-A) and Policy JICIA, except that the Superintendent may modify the requirement for expulsion based on individual circumstances.

A student who has been identified through the PET process as having a disability and whose conduct in violation of this policy is related to the disability shall be disciplined as provided in Policy JKF.

Aiding Other Students in Making Bomb Threats

A student who knowingly encourages, causes, aids or assists another student in making or communicating a bomb threat shall be subject to the disciplinary consequences described in Section E of this policy.

Failure to Report a Bomb Threat

A student who fails to report information or knowledge of a bomb threat or the existence of a bomb or other destructive device in a school building or on school property may be subject to disciplinary consequences, which may include suspension and/or expulsion.

Staff Disciplinary Consequences

A school system employee who makes or communicates a bomb threat will be reported to appropriate law enforcement authorities and will be subject to disciplinary action up to and including termination of employment. Disciplinary action taken shall be consistent with collective bargaining agreements, other employment agreements and Board policies.

A school system employee who fails to report information or knowledge of a bomb threat or the existence of a bomb on school premises will be subject to discipline up to and including termination of employment.

Civil Liability

The school unit reserves the right to bring suit against any individual responsible for a violation of this policy and to seek restitution and other damages as permitted by law.

Lost Instructional Time

Instructional time lost as a result of a bomb threat will be rescheduled at the earliest appropriate (or: practicable) opportunity, as determined by the Superintendent within parameters set by the Board.

Time lost may be rescheduled on a weekend or vacation day, or after what would normally be the last day of the school year, except on days when schools must be closed as required by law.

Notification Through Student Handbook

All student handbooks shall address the school unit’s bomb threat policy and procedures and explain the educational consequences of bomb threats. In addition, student handbooks shall notify students and parents that bomb threats violate Board policy and civil and criminal law.

Legal References: 18 U.S.C. §§ 921;8921
17-A M.R.S.A. § 210
20-A M.R.S.A. §§ 263; 1001(9); 1001(9-A); 1001(17); 1001(18)

Cross References: EBCA – Crisis Response Plan
JKD – Suspension of Students
JKE – Expulsion of Students
JKF – Suspension/Expulsion of Students with Disabilities
JICIA – Weapons, Violence and School Safety
Student Code of Conduct

Adopted: Prior to 1985
Revised: September, 2002
Revised: September 9, 2002

EBCD - EMERGENCY CLOSINGS

When there is no school due to stormy weather or other emergency situations the following schedule is utilized.

7:05 a.m. All schools closed for the day
11:30 a.m. All schools closed for the afternoon

Timely notice of school cancellations shall be given to radio, as well as, television stations in the Greater Portland area.

The decision as to whether or not to close school is made at an early hour. Because the weather may change, parents of small children especially are expected to exercise individual judgment based on the distance to travel and the physical condition of the child. Older children should learn to protect themselves from the weather and should be able to attend school on most days.

Adopted: Prior to 1985
Revised: 2001
Adopted: June 11, 2001

EBCF - AUTOMATED EXTERNAL DEFIBRILLATORS (AED’s)

The Board recognizes that from time to time medical emergencies may arise that warrant the use of an automated external defibrillator (AED). The South Portland School Department may acquire one or more AED’s for use by qualified personnel in its schools and at athletic events hosted by its schools.

Unless otherwise provided by law, an AED may be used only by a person:

1. Who has successfully completed a course approved by the American Red Cross, the American Heart Association or the Maine Department of Public Safety; and

2. Who has made a reasonable attempt to summon appropriate emergency services personnel when communication is possible.

The superintendent shall be responsible for developing, in consultation with the school physician, protocols for the use, storage, location, testing and maintenance of the school unit’s AEDs, and the training and designation of school unit employees as authorized users.

Only those employees documented as having completed required training shall be authorized to use an AED.

Legal Reference: 20- M.R.S.A. § 4009
22- M.R.S.A. § 2150-C

Adopted: October 12, 2005

ECA - BUILDINGS AND GROUNDS SECURITY

The police department is to be notified immediately if unauthorized persons who arouse suspicion are detected upon school grounds or within school buildings.

After 4:00 p.m., each school shall designate a specific door to be used as an exit/entrance. That door and only that door is to be used.

Custodians on night duty at the middle and senior high schools between the hours of 4:00 p.m. and 7:00 a.m. shall call the police department every hour on the hour as a safety and security precaution.

Adopted: July 10, 1940
Revised: June 9, 1975
Revised: 2001
Revised: June 11, 2001

ECB - PEST MANAGEMENT IN SCHOOL FACILITIES AND ON SCHOOL GROUNDS

The Board recognizes that structural and landscape pests can pose significant problems for people and school unit property, but that use of some pesticides may raise concerns among parents, students and staff. It is therefore the policy of South Portland School Department to incorporate Integrated Pest Management (IPM) principles and procedures for the control of structural and landscape pests. A copy of this policy shall be kept in every school and made available upon request to staff, parents, students and the public.

IPM is a systematic approach to pest management that combines a variety of methods for managing pests including monitoring; improved horticultural, sanitation and food storage practices; pest exclusion and removal; biological control; and pesticides.

For the purpose of this policy, “pests” are populations of living organisms (animals, plants or microorganisms) that interfere with use of school facilities and grounds. “Pesticide” is defined as any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pests and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

The objective of the school unit’s IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others.

The Superintendent and/or designee shall develop and implement a Pest Management Plan consistent with the following IPM principles and procedures:

Appointment of an IPM Coordinator

The Superintendent/designee will appoint an IPM Coordinator for the school unit. The IPM Coordinator will be the primary contact for pest control matters and will be responsible for overseeing the implementation of the IPM plan, including making pest control decisions.

The IPM Coordinator will consult with the building principal and/or Superintendent before a decision is made to do a pesticide application for which notice is required and before providing notification of the planned application.

The IPM Coordinator’s responsibilities may include:

1. Recording and monitoring data and pest sightings by school staff and students;

2. Coordinating pest management with pest control contractors;

3. Recording and ensuring that maintenance and sanitation recommendations are carried out where feasible;

4. Ensuring that any pesticide use is done according to the school unit’s Pest Management Plan and Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control Rules (“Standards for Pesticide Applications and Public Notification in Schools”);

5. Making the school system’s pest management policy available in every school building;

6. Having available for parents and staff a copy of the Maine regulation pertaining to pesticide applications in schools (Chapter 27 Me. Dept. of Agriculture Board of Pesticides Control “Standards for Pesticide Applications and Public Notification in Maine Schools”) and a record of prior pesticide applications and information about the pesticides used.

7. Initiating and coordinating notification of parents and staff of pesticide applications according to the school unit’s notification procedure and posting notification signs as appropriate; and

8. Recording all pesticides used by either a professional applicator or school staff and maintaining other pest control data.

Identification of Specific Pest Thresholds

Routine inspection and accurate identification of pests are needed to recognize potential problems and determine when action should be taken.

Action thresholds for specific sites will be determined on a case-by-case basis by the IPM Coordinator in consultation with the building principal and/or Superintendent, and if necessary, with the advice of a professional pest control expert.

As pest management objectives will differ from site to site (e.g.: maintaining healthy turf and specific playing surfaces on athletic fields, carpenter ant control in buildings, or maintenance of ornamental plants), differences should be considered before setting an action threshold.

Pesticide Applicators

Any person who applies pesticides in school buildings or on school grounds, including school personnel, must possess a Maine pesticide applicators license and should be trained in the principles and practices of IPM. All pesticide use must be approved by the school unit’s IPM Coordinator. Applicators must follow state regulations and label precautions and must comply with the IPM policy and pest management plan.

[NOTE: School personnel do not need to be licensed for normal or routine cleaning practices, for emergency stinging insect control or use of repellants for personal protection. However, school personnel do need to be licensed if they will be using pesticides in school facilities or on school grounds.]

Selection, Use and Storage of Pesticides

Pesticides should be used only when needed. Non-chemical pest management methods will be implemented whenever possible to provide the desired control. The choice of using a pesticide will be based on a review of other available options (sanitation, exclusion, mechanical means, trapping, biological control) and a determination that these options have not worked or are not feasible. When it has been determined that a pesticide must be used to achieve pest management goals, the least hazardous effective pesticide should be selected. Application should be conducted in a manner that, to the extent practicable using currently available technology, minimizes human risk.

Decisions concerning the particular pesticide to be used and the timing of pesticide application should take into consideration the use of the buildings or grounds to be treated.

Pesticide purchases should be limited to the amount expected to be used for a specific application or during the year. Pesticides will be stored and disposed of in accordance with label directions and state and federal regulations. Pesticides must be stored in an appropriate, secured location not accessible to students or unauthorized personnel.

Notification of Students, Staff and Parents of Use of Pesticides

A notice will be provided to staff, students and parents within the first two weeks of the school year briefly explaining the school unit’s IPM/ pesticide use policy including provisions for notification to parents and staff of specific planned pesticide applications in school buildings or on school grounds.

When required by regulations, the school will notify staff, students and parents/guardians at least five days in advance of planned pesticide treatments in the school or on school grounds, including playgrounds and playing fields.

When required by regulations, signs will be posted at each point of access to the treated area and in a common area of the school at least two working days prior to the application and for at least 48 hours following the application in accordance with applicable Maine Board of Pesticides Control regulations.

Recordkeeping

When a pesticide has been used, records pertinent to the application including labels and material safety data sheets will be maintained at a designated central location for two years following application. Records are to be completed on the day the pesticide is applied. Pest surveillance records should be maintained to verify the need for pesticide treatments.

Legal Reference: 7 MRSA §§ 601-625
22 MRSA §§ 1471-A-1471-X
Ch. 27 Me. Dept. of Agriculture Board of Pesticides Control
Rules (Standards for Pesticide Applications and Public Notification in Schools)
Cross Reference: EBAA - Chemical Hazards

Adopted: October 15, 2003

ECB-E1 - PEST MANAGEMENT NOTIFICATION

The South Portland School Department uses an Integrated Pest Management (IPM) approach to the control of insects, rodents, microorganisms, weeds and other pests in school buildings and on school grounds. IPM combines a variety of methods for managing pests including monitoring, improved sanitation and food storage practices, pest exclusion and removal, biological control, and pesticides. The objective of the IPM program is to provide effective pest control while minimizing pesticide use.

Pesticides

Non-chemical pest management methods will be implemented whenever possible. However, sometimes pesticide use may be necessary to control a pest problem. When that happens, the school will use the least hazardous effective pesticide feasible.

Notification

When required by law, parents/guardians and school staff will be notified at least five days* in advance of specific pesticide applications. When required by law, pesticide application notices will be posted in school and on school grounds.

Notification need not be given for pesticide applications recognized by law or regulations to pose little or no risk of exposure to students or staff.

A copy of the school system’s IPM/Pest Management policy is available for review in the school office. The school also keeps records of prior pesticide applications and the pesticides used. You may review these records, a copy of the policy and Maine’s “Pesticides in Schools” regulation (Chapter 27 of the Department of Agriculture Board of Pesticides Control “Standards for Pesticide Applications and Public Notification in Schools”) by contacting our IPM Coordinator in the maintenance office: 871-0565

For further information about pests, pesticides and notification you may contact the Board of Pesticides Control at 207-287-2731 or go to

www.state.me.us/ agriculture/pesticides/schoolipm

Revised: October 15, 2003

ECB-E2 - NOTICE OF PLANNED PESTICIDE APPLICATION

The following notice is provided in compliance with State regulations establishing standards for pesticide applications and notification in schools.

[Product name], EPA registration number [000000], containing [chemical name] will be applied by [name of pest control company or licensed applicator] to [area in building or on school property where pesticide will be applied] during [approximate time of day and date of application] for the purpose of controlling [type of pest].

For additional information regarding this application, you may contact maintenance office at 871-0565.

This application is consistent with South Portland School Department’s Integrated Pest Management (IPM) program. The objective of the IPM program is to provide effective pest control while minimizing pesticide use. The goals of the IPM program include managing pests to reduce any potential hazards to human health; preventing loss or damage to school structures or property; preventing pests from spreading beyond the site of infestation to other school property; and enhancing the quality of life for students, staff and others.

Legal Reference: Ch. 27 § 4, Department of Agriculture Board of Pesticides Control Rule (Standards for Pesticide Applications and Public Notification in Schools)

Revised: October 15, 2003

ECC - CUSTODIAL SERVICES

The Parks and Recreation Department will not be assessed for use of school facilities. The Parks and Recreation Department will, however, assume the responsibility of arranging payment for all custodial services that may be required. The rate of payment shall be determined in accordance with provisions of the negotiated agreement between the Board of Education and its Maintenance and Custodial Personnel.

When parent-teacher groups are having routine meetings, custodial services will not be necessary providing the principal has arranged for safety and security measures and providing the parent-teacher groups leave the facilities in a clean and orderly condition. Whenever custodial services are needed, they shall be in accordance with the aforementioned negotiated agreement.

When no custodian is on duty, the principal of the school involved or his designee shall be responsible for unlocking the school prior to the meeting and for securing the building at the conclusion of the meeting.

Adopted: October 12, 1970
Revised: May 12, 1975

ECEA - PLAYGROUNDS

Playground equipment, other than that purchased and maintained by the South Portland Parks and Recreation Department, may be, subject to the approval of the Superintendent of Schools, purchased by schools, parents’ clubs, the City or requisitioned through the school department. Said equipment becomes the property of the city and school department. Supervision of the use of these pieces of equipment shall be the responsibility of the school.

Adopted: Prior to 1986
Revised: May 2001
Revised: June 11, 2001

EDBA - MAINTENANCE AND CONTROL OF INSTRUCTIONAL MATERIALS

Students shall be held accountable for damaged and lost books and materials assigned or loaned to them and for damages to school property.

In the case of broken windows and other damage to school property, the students responsible and/or their parents may be assessed double the actual cost of the damage if the breakage and/or damage is willfully or carelessly caused.

Legal Ref: Title 20-A MRSA Section 6807

Adopted: April 11, 1977
Revised: July 9, 1979

EDBBA - LOST AND FOUND PROPERTY

Each school shall make provisions for lost and found articles. Every effort will be made to return lost items to the owner. In cases where items are unclaimed, they will be periodically donated during the school year to the City Welfare Department, Salvation Army, Abilities and Goodwill, etc. or given to some needy family at the close of the school year.

Adopted: Prior to 1985
Revised: May, 2001
Revised: June 11, 2001

EDE - WASTE MANAGEMENT AND RECYCLING

Resource conservation is to be made an integral part of the physical operation of the school system and of the school curriculum. The practice of discarding materials used in school facilities is wasteful of natural resources, energy and money. It is also the function of the schools to set an example of stewardship of our natural resources and to develop responsible citizenship in our students.

It shall be the policy to implement the following actions:

A. The school system will integrate the concept of resource conservation, including waste reduction and recycling, into the environmental education curriculum at all levels.

B. The amount of waste of consumable materials is to be decreased by:

1. Reduction of the consumption of consumable materials wherever possible;

2. Full utilization of all materials prior to disposal; and

3. Minimization of the use of non-biodegradable products wherever possible.

C. The school system will cooperate with, and participate in, recycling efforts being made by the local and state governments. As systems for the recovering of waste and recycling are developed, the school system will participate by appropriately separating and allowing recovery of recyclable waste products.

D. The school system will purchase, where financially viable, recycled products and will also encourage suppliers, both private and public, to make recyclable products and unbleached paper products available for purchase by public schools.

E. Representatives of the school system will actively advocate, where appropriate, for resource conservation practices to be adopted at local, regional and state levels.

Adopted: June 11, 2001

EEA - STUDENT TRANSPORTATION SERVICES

The extent and limitations of student transportation shall be determined in keeping with the statutes and within the scope of the fiscal appropriations as set by the Board of Education for such services.

Handicapped students shall be provided with transportation in keeping with their needs and as recommended by the Pupil Evaluation Team and approved by the Board of Education.

Legal Ref: Title 20 – 1 MRSA Section 5401

Adopted: November 13, 1978
Revised: May, 2001
Revised: June 11, 2001

EEAA - BUSING

Busing shall be provided for students of kindergarten through grade 5 who live more than 1 mile and students of grades 6-12 if they live more than 1 ½ miles from their respective schools. The South Portland Police Department’s measured mile will be accepted as the standard and measured in each case by the shortest route. Exceptions to this policy may be made when, in the judgment of the Superintendent of Schools and the Board of Education, there exists a situation or condition that may endanger the safety of students or where individual cases of hardship can be identified.

Legal Reference: Title 20-A MRSA Section 5401

Adopted: June 9, 1978
Revised: June 1, 1982
Revised: July 11, 1983
Revised: October 11, 1995
Revised: 2001
Revised: June 11, 2001

EEAC - BUS SAFETY
Two or more vehicles should travel in a caravan in sight of each other. That will insure that in case of a breakdown the disabled vehicle will have a means of contacting some assistance. If the breakdown occurs close to home, a spare bus will be called. If the breakdown occurs close to the destination, one bus will proceed, drop off its passengers and return to pick up the passengers of the disabled vehicle. While awaiting assistance, the disabled vehicle should be parked as close to the road shoulder as possible, or in the breakdown lane, with flares set up. Passengers and driver should stay on the bus and maintain orderly conduct until assistance arrives. The only exception to this would be if the driver feels there is a danger by remaining on the bus. Bus drivers are in charge of conduct on the bus during the regular runs. On chaperoned trips, student conduct is the responsibility of the chaperones.

Adopted: Not dated in previous policy book
Revised: June 2001
Revised: June 11, 2001

EEAD - SPECIAL USES OF SCHOOL BUSES

The school buses may be used to transport students to school sponsored activities when not needed for transportation to and from regular school activities.

The Parks and Recreation Department shall be permitted to use school buses to transport children for the summer recreation program provided that said Department agrees to be responsible for the maintenance of the buses; that they be returned in operable condition, and that the buses are driven only by properly licensed employees of the city.

Revised: June 9, 1975
Revised: May, 2001
Revised: June 11, 2001

EEAEAA-R - ACKNOWLEDGMENT OF DRUG AND ALCOHOL BUS DRIVERS POLICY

I certify that I received a copy of the Drug & Alcohol Testing for Bus Drivers Policy, and written material concerning the effects of alcohol and controlled substance on an individual’s work and personal life, signs and symptoms of a drug or alcohol problem including a co-workers, and the methods to deal with a substance abuse problem.

Date: _______________________________________________

Driver’s Signature: _____________________________________

Revised: 2001

EEAEE - DRUG AND ALCOHOL TESTING FOR BUS DRIVERS

The safety and well being of our drivers, employees and the general public requires that our drivers perform their duties free from the effects of alcohol and/or drugs. A drug-free workplace is especially important to the transportation industry. A driver who uses or abuses alcohol and/or drugs is a hazard to this school department, the general public, students, and other employees and him/herself.

In order to ensure the safe transportation and provide for an efficient and drug-free workplace while complying with the Federal Motor Carrier Safety Regulations, South Portland School Department has adopted this policy.

Program Administrator

The Business Manager has been designated by this company as the Alcohol/Drug Testing Program Administrator. In this function the Business Manager will be responsible to answer any questions from the drivers, administrators, or the public in general.

The program Administrator will handle all information on all tests of covered drivers as confidential. The Program Administrator may provide such information as necessary to the supervisor to enable him/her to take proper disciplinary action as warranted. The Program Administrator may also release test information to a Substance Abuse Professional to use to evaluate and recommend appropriate follow-up.

In accordance with federal law and regulations, South Portland School district shall be responsible for implementing a drug and alcohol testing program that meets all applicable requirements of the Omnibus Transportation Employee Testing Act of 1991. Further, South Portland School District extends the testing requirement to all district employees who transport students using school district vehicles.

School employees who operate a motor vehicle requiring a commercial driver’s license are subject to a drug and alcohol testing program that fulfills the requirements of the federal regulations.

These district regulations reflect several requirements of the federal drug testing regulations but are not intended in any way to modify or limit the procedures for drug and alcohol testing specifically addressed in federal regulation. District personnel will adhere to the detailed provisions of federal regulation in administering the district’s drug and alcohol program.

References to tests in these regulations include both drug and alcohol tests unless the context specifies otherwise. The terms drugs and controlled substances are interchangeable and have the same meaning. Drugs refers to marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines (including metamphetamines).

Pre-Employment Drug Tests

The tests will be required of an applicant only after a position has been offered. Employment with the district is conditional upon the applicant receiving a negative drug test result.

An employee may be exempt from the pre-employment drug test if he or she has participated in a drug testing program within 30 days prior to the application for employment and while participating in that program was tested for drugs within the last 6 months (from the date of application) or participated in a random drug testing program in the previous 12 months, provided that the district has been able to make all verifications required by law.

Post-accident tests

It is the responsibility of the employee to report for post-accident drug and alcohol testing as soon as practicable following an accident which occurs while the employee is performing district safety sensitive functions in which any person involved has been fatally injured or a citation for a moving traffic violation arising from the accident has been issued within 32 hours, to an employee:

1. The employee will report to the designated collection site for post-accident drug and alcohol testing as soon as practicable following the occurrence of the accident;
2. If alcohol testing has not been administered within 2 hours, the district will prepare and maintain on file a record stating the reasons
the test was not promptly administered;
3. If alcohol testing is not administered within 8 hours, the district will cease attempts to administer an alcohol test and will prepare and maintain on file a record specifying why the test was not administered;
4. If drug testing has not been administered within 32 hours following the accident, the district will cease attempts to administer such tests and will document why the test was not administered;
5. The employee will inform the Director of Transportation or designated district official as soon as practicable following the accident.

The district will provide employees with necessary post-accident testing information, procedures instructions as part of its employee training and program. Additionally, written instructions to follow in the event of an accident will be provided in all vehicles as appropriate. Instructions will include locations of drug specimen collection and alcohol testing sites and telephone numbers of Director of Transportation and other district officials to contact.
The employee shall remain readily available for testing or may be deemed by the district to have refused to submit to testing. Such refusal is treated as if the district received an alcohol test result of 0.04 or greater or received a positive drug test. Nothing in this requirement shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an employee from leaving the scene of an accident or to obtain necessary emergency medical care.

Results of a breath or blood test for the use of alcohol or a urine test for the use of drugs conducted by on-site federal, state and/or local law enforcement officials having independent authority for the test shall be considered to meet necessary requirements provided results of the test are obtained by the district and the tests conform to all applicable federal, state and or local requirements.

An employee who has actual knowledge of an accident in which his/her performance has not been discounted as a contributing factor is prohibited from using alcohol for eight (8) hours after the accident or until the employee undergoes a post-accident test.

Random Tests

Tests will be conducted on a random basis at unannounced times throughout the year. Random tests for alcohol will be conducted just before, during or just after the performance of safety-sensitive functions. Random tests for drugs do not have to be conducted in immediate proximity to performing safety sensitive functions. Once notified of selection for drug testing, a driver must proceed to a collection site to provide a urine specimen.

Drivers will be selected by a scientifically valid random process, and each driver will have an equal chance of being tested each time selections are made. The number of bus drivers selected for random testing will be in accordance with federal regulations.

Reasonable Suspicion Tests

Tests must be conducted when the properly trained Director of Transportation or designated district official has reasonable suspicion that the driver has violated the district’s alcohol or drug prohibitions. This reasonable suspicion must be based on specific, contemporaneous, articuable observations concerning the driver’s appearance, behavior, speech or body odors. The observations may include indications of chronic and withdrawal effects of controlled substances.

Alcohol tests will be authorized for reasonable suspicion only if the required observations are made during, just before or just after the period of the work day when the driver must comply with alcohol prohibitions. If the alcohol test is not administered within two hours of the determination of reasonable suspicion, the district will prepare and maintain a record explaining why this was not done.

Attempts to conduct alcohol tests will terminate after 8 hours. An alcohol test may not be conducted by the person who determines that reasonable suspicion exists to conduct such a test.

The Director of Transportation or designated district official who makes a finding of reasonable suspicion also must make a written record of his observations leading to a reasonable suspicion within 24 hours of the observed behavior or before the results of the drug tests are released, whichever is earlier.

Enforcement

Any driver who refuses to submit to post-accident, random, reasonable suspicion, or follow-up tests will not be allowed to perform or continue to perform safety-sensitive functions.

A driver who in any other way violates district prohibitions related to drugs and alcohol will receive from the district the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs available to evaluate and resolve drug alcohol-related problems. The employee will be evaluated by a substance abuse professional will determine what help, if any, the driver needs to resolve such a problem.

Any substance abuse professional who determines that a driver needs assistance will not refer the driver to a private practice person or organization in which he/she has a financial interest except under circumstances allowed by law.

Before the driver is returned to safety-sensitive duties, if at all, the district must insure that the employee:

1. Has been evaluated by a substance abuse professional.
2. Has complied with any recommended treatment.
3. Has taken a return-to-duty drug and alcohol test with a result indicating an alcohol concentration level of less than 0.02
4. Is subject to unannounced follow-up drug and alcohol tests. The number and frequency of such follow-up testing will be as directed by the substance abuse professional and consist of at least 6 tests in the first 12 months following the driver’s return to duty. Follow-up tests my be extended up to 60 months following return to duty.
5. A second subsequent alcohol or drug test or refusal to submit to testing will result in disciplinary action up to and including dismissal.
6. Drivers unable to perform their duties due to a failed alcohol or drug test or refuses to submit to testing will be placed on unpaid leave of absence.

Return-to-Duty Tests

A drug or alcohol test will be conducted when a driver who has violated the district’s drug or alcohol prohibition returns to performing safety-sensitive duties.

Employees whose conduct involved the misuse of drugs may not return to duty in a safety-sensitive function until the return-to-duty drug test produces a verified negative result.

Employees whose conduct involved alcohol may not return to duty in a safety-sensitive function until the return-to-duty test produces a verified result that meets the federal and district standard.

Follow-up Tests

A driver who violates the district’s drug and alcohol prohibition and subsequently identified by a substance abuse professional as needing assistance in resolving a drug or alcohol problem will be subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with the law.

Records

Employee drug and alcohol test results and records will be maintained under strict confidentiality and released only in accordance with law. Upon written requests, a driver will receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug or alcohol tests. Records will be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver.

Notifications

Each driver will receive educational materials that explain the requirements of the code of Federal Regulations, Title 49, Part 382, together with a copy of the district’s policy and regulations for meeting these regulations. Representatives of employee organizations will be notified of the availability of this information. The information will identify:

1. The person designated by the district to answer questions about the material.
2. Categories of drivers who are subject to the drug and alcohol testing requirements.
3. Sufficient information about the safety-sensitive functions performed by drivers to make clear for what period of the work day driver compliance is required.
4. Specific information concerning driver conduct that is prohibited.
5. Circumstances under which a driver will be tested for drugs and/or alcohol.
6. Procedures that will be used to test for the presence of drugs and alcohol, protect the driver and the integrity of the testing processes, safeguard the validity of test results and insure that test results are attributed to the correct driver.
7. The requirements that a driver submit to drug and alcohol tests administered in accordance with federal regulations.
8. An explanation of what constitutes a refusal to a drug or alcohol test and the attendance consequences.
9. Consequences for drivers found to have violated the drug and alcohol prohibitions including the requirement that the driver be removed immediately from safety-sensitive functions and the procedures for referral, evaluation, and treatment.
10. Consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04.
11. Information concerning the effects of drugs and alcohol on an individual’s health, work and personal life; external and internal signs and symptoms of a drug and alcohol problem, and available methods of intervening when a drug or alcohol problem is suspected including confrontation, referral to a substance abuse professional and/or referral to administrative officials.

Each driver must sign a statement, annually, certifying that he/she has received a copy of the above materials.

The district will inform drivers annually that drug and alcohol tests are performed.

The district will notify a driver of the results of a pre-employment drug test if the driver requests such results within 60 calendar days of being notified of the disposition of his/her employment application.

The district will notify a driver of the results of random, reasonable suspicion, and post-accident drug tests if the test results are verified positive. The district also will tell the driver which controlled substances were verified as positive.

Drivers will inform their supervisors if at any time they are using a controlled substance which their physician has prescribed for therapeutic purposes. Such a substance may be used only if the physician has advised that driver that it will not adversely affect his/her ability to safely operate a commercial motor vehicle.

Legal Reference: Omnibus Transportation Employee Testing Act of 1991

Approved: May 8, 1995
Revised: September 11, 1995
Revised: November 9, 1999
Revised: 2001
Revised: June 11, 2001
Revised: February 20, 2003

EEAEF - VIDEO CAMERAS ON TRANSPORTATION VEHICLES

The South Portland Board of Education recognizes the district’s responsibility to maintain order on school transportation vehicles to ensure the safety of staff and students. After carefully balancing the need for discipline and safety with students’ interests in privacy, the Board supports the use of video cameras on school transportation vehicles. In an effort to reduce student behavior violations, the cameras may be used to monitor student behavior during transport to and from school and extracurricular activities.

When the resulting video tapes are used as a basis for discipline, parent or guardians will be notified and given the opportunity view the tape of their child. Students in violation of school discipline and conduct codes shall be dealt with in accordance with established Board policy, administrative regulations, and established school practices.

Notice of use of video cameras for disciplinary purposes in school transportation vehicles will be provided to all students, parents, and staff on an annual basis. Moreover, notice that video observation may take place will be posted in each transportation vehicle.

All tapes will be maintained by the Director of Transportation. The Director may provide access to tapes only upon request by a South Portland administrator.

Tapes may be viewed by students and or parents under the direct supervision of a district administrator. Only those segments of the relevant portion of the tape appropriate to the discussion will be viewed.

Tapes will be erased at the end of a school year. However, the Superintendent of Schools may retain an individual tape beyond the end of a school year should there be outstanding issues concerning discipline on a bus.

Adopted: June 14, 1995
Revised: 2001
Revised: June 11, 2001

EF - FOOD SERVICES MANAGEMENT

Federally approved lunch programs are provided at the South Portland Schools. Students may purchase lunches at prices which are established by the Food Services Director and are in keeping with the federal guidelines. All procedures relative to orders, collections, banking, etc., are the responsibility of the Food Services Director or his/her designee. Free or reduced price lunches are available at all schools when the appropriate application has been approved.

Legal Ref: Title 20 – A MRSA Section 6602

Adopted: June 9, 1975
Revised: May 2001
Adopted: June 11, 2001
Revised: May 31, 2002

EFB - FREE AND REDUCED PRICE FOOD PROGRAMS

The school system shall take part, as feasible, in the National School Lunch and other food programs which may become available to assure that all children for whom this School Board is responsible shall have the opportunity to receive proper nourishment.

Parents shall be advised that this program is available and eligibility criteria shall be made public.

In accordance with the guidelines for participation in these programs, and in accordance with the wishes of the Board, no child who a teacher believes is improperly nourished shall be denied a free lunch, or other food, simply because proper application has not been received from his/her parents or guardian.

It shall be the policy in our schools that when school lunch is desired, payment is expected on that day or in advance by/for pupils not eligible for free lunches. Should there be any difficulty in obtaining such payment, the matter is to be resolved by direct contact with the parent (or student, if emancipated). No student is to be denied food as a disciplinary measure.

The administration shall establish and publish, as appropriate, procedures which conform with state and federal requirements and the intent of this policy regarding participation in programs for free/reduced price meals and supplementary food.

Adopted: June 11, 2001

Policy EFC

NUTRITION SERVICES: MEALS, MEAL CHARGING AND PROHIBITION AGAINST FOOD SHAMING  

The South Portland School Department Board recognizes that good nutrition is related to students’ physical and social-emotional well-being and readiness to learn. SPSD shall participate, as feasible, in the National School Breakfast and Lunch and other food programs that may be available.  The purpose of this policy is to ensure compliance with federal requirements for the school unit’s Child Nutrition Program; to provide oversight and accountability in the collection of outstanding student meal balances, and to ensure that students are not shamed or stigmatized for having unpaid meal charges.  This policy clarifies guidelines for students. Items outside of reimbursable meals (e.g. a la carte items) must be paid upon purchase or be prepaid.

MEAL BENEFITS 

• South Portland School Department will provide one of the reimbursable meal choices to any student who requests, regardless of the child’s ability to pay. 

• Students eligible for free meals will be allowed to receive a free breakfast and lunch meal of their choice each day. 

• Students eligible for reduced-price meal benefits will be allowed to receive a breakfast and lunch meal of their choice each day at the reduced rate.  

• Full-pay students are expected to pay for meals at the school’s published meal charge rate each day or in advance, except when the district is offering universal free meals. 

• Second Meal/Milk: Students eligible for free or reduced-priced lunches may receive a second meal or milk for no charge. Students who pay full price for meals may pay full price for a second meal or milk. When the school district is eligible for universal free meals, all students may receive a second meal or milk at no charge. The South Portland School Department will establish internal procedures for accounting, and support the cost difference between the reimbursable expenses and additional charges.  These procedures may vary due to state and federal reimbursement protocols, but will be designed to be consistent with this policy. Expenses incurred as a result of this commitment will be charged to the School District, not the School Nutrition Department.

PROHIBITION ON PUNISHMENT RELATED TO UNPAID MEAL CHARGES 

1. Students with unpaid meal charges will not be required to do chores or work as a means of paying for one or more meals or as punishment for not paying for one or more meals. 

2. Staff will not require a student to throw away a meal after it has been served to the student. 

3. Staff will not refuse a meal to a student as a form of disciplinary action. 

4. Student debt will carry over from year to year. Contact will be made with the parent/guardian to recoup the debt.

PROHIBITION ON FOOD SHAMING AND STIGMATIZATION  

The school will not openly identify or otherwise stigmatize a student who cannot pay for a meal or who has payments due for previous meals. 

1. Staff will not identify or stigmatize any student in line for a meal or discuss any outstanding meal debt in the presence of other students. 

2. A student with unpaid meal charges will not be required to wear a wristband or anything that differentiates them from other students. 

3. Staff communication about a student’s meal debts must be made to the parent/guardian of the student rather than directly to the student, except that if a student asks about their meal debt, staff may answer the student’s inquiry. Staff may ask a student to carry to  their parent/guardian a letter regarding the student’s meal debt. 

FAMILY OUTREACH 

The Nutrition Program will provide parents/guardians with a free and reduced-price application and instructions at the beginning of each school year, including eligibility guidelines. 

The Nutrition Program will provide additional information about free and reduced-price applications to families identified as owing meal charges. 

NOTIFICATION AND COLLECTION OF UNPAID MEAL CHARGES 

The Nutrition Program will not take any action directed at a student to collect unpaid meal charges. 

The Nutrition Program will regularly notify a student’s parent/guardian that the student has accrued charges.  

The Nutrition Program will offer assistance with the completion of the application and will use any available or necessary administrative/direct certification methods to maximize student eligibility for free and reduced-price meals if the school’s efforts to obtain a completed application from the parent/guardian have been exhausted. If the debt continues to remain unpaid, the school will follow such guidelines as may be developed by the Maine Department of Education for the collection of student meal debt or take such action as deemed appropriate within the limits of applicable law and/or regulations. 

Parents/guardians who are carrying a debt will have the debt prorated based on qualification status. 

Our school nutrition non-discrimination information can be found online here https://www.spsd.org/district/non-discrimination-statement. 

Legal Reference: 20-A MRSA §6601-6602 

 20-A MRSA §6681 

Adopted: October 11, 2022

EFE - COMPETITIVE FOOD SALES - SALES OF FOODS IN COMPETITION WITH THE SCHOOL FOOD SERVICE PROGRAM

The South Portland School Department supports good nutrition as part of a school environment that contributes to student health and encourages positive food choices and eating habits. The Board believes that nutrition influences a student’s ability to take full advantage of the school system’s educational program and is, therefore, related to student achievement.

The Board also recognizes that proceeds from the sale of foods and beverages outside of the School Lunch Program (“competitive foods”) are a significant source of funding for student activities that the South Portland School Department might not otherwise be able to provide.

The Board has adopted this policy to govern the sale of foods and beverages on school property.

Restriction on Sale of Competitive Foods

Maine Department of Education Rule Chapter 51 mandates that any food or beverage sold at any time on school property of a school participating in the National School Lunch or School Breakfast Programs shall be a planned part of the total food service program of the school and shall include only those items which contribute both to the nutritional needs of children and the development of desirable food habits, and shall not include foods of minimal nutritional value as defined in applicable federal regulations, except as provided for by school board policy in certain circumstances.

As allowed by Rule Chapter 51, the Board permits the sale of food and beverages outside the total food program:

1. to school staff;

2. to the public at community events sponsored by the school or held on school property;

3. to the public at community events held on school property in accordance with the school board’s facilities use policy; and

4. by a school approved student organization or program if consistent with the requirement that such sales not include foods of minimal nutritional value as defined in 7 CFR, Section 210.11(a)(2).

This policy applies to sales of foods and beverages at any time on school property by any person, group or organization.

Funds From Sales of Competitive Foods

Funds from all food and beverages sales made at any time on school property shall accrue to the benefit of the school’s non-profit school food service program, except that funds raised through authorized sales outside the total food service program shall accrue to the sponsoring school or approved student organization in accordance with applicable policies, cash-management procedures and administrative directives.

Legal Reference: Ch.51 (Dept. of Educ. Rule) (Child Nutrition Programs in
Public Schools and Institutions)

Cross References: DFG – Income from School Sales and Services
KG – Community Use of School Facilities
KMA – Relations With Booster Organizations

Adopted: March 13, 2006

EGAA - REPRODUCTION OF COPYRIGHTED MATERIALS

It is the intent of the South Portland School Department to adhere to the provisions of copyright laws in the print area, audio/videotaping, music and computer software. Though there continues to be controversy regarding interpretation of those copyright laws, the following procedures represent a sincere effort to operate legally. We recognize that copyright violation is a major problem for the industry and that violations of copyright laws contribute to higher costs and greater efforts to prevent copies and/or lessen incentives for the development of good education materials. Therefore, in an effort to discourage violation of copyright laws and to prevent such illegal activities, the South Portland Board of Education has adopted the following copyright policies.

A. The legal or insurance protection will not be extended to employees who violate copyright laws.
B. The building administrator of each school site is responsible for establishing practices which will enforce this policy at school level.
C. Illegal copies of copyrighted materials (computer programs, videotapes and/or print materials) may not be made or used on school equipment (see attached guidelines).

Adopted: June 11, 2001

EGAA-R - REPRODUCTION OF COPYRIGHTED MATERIAL - GUIDELINES

Software Copyright Policy

A. The ethical and practical problems caused by software piracy will be aught in all schools in the system.

B. District employees will be expected to adhere to the provisions of Public Law 97-517, Section 7 (b) which amends to Section 117 of Title 17 of the United States code to allow for the making of a back-up copy of computer programs. This states that “…it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

1. That such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner; or

2. That such a new copy and adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

C. When software is to be used on a disk sharing system, efforts will be made to secure this software from copying.

D. Illegal copies of copyrighted programs may not be made or used on school equipment.

E. The system will contact producers of software used within the system to attempt to establish legal, multiple-use licensing agreements. All programs used by staff and students (outside the formal teaching of a program) will be the original disks or the result of a licensing agreement with software producer.

Videotaping Copyright Policy

Taping off the air can be legally done if the program:

A. Is used under Fair Use guidelines (See guidelines for off-air videotaping.);

B. Is used with a TLC License;

C. Has been cleared by state or local ETV agencies;

D. Is a hard news program used under network license;

E. Is a public domain program (anything that comes from the Federal Government such as presidential addresses); and

F. Is used with the permission of the copyright proprietor.

Off-Air Videotaping Policy

A. The guidelines were developed to apply only to off-air recording by non-profit educational institutions.

B. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a nonprofit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. “Broadcast programs” are television programs transmitted by television stations for reception by the general public without charge.

C. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction, within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) calendar day retention period. “School days” are school session days - not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions – within the forty-five (45) calendar day retention period.

D. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number times the program may be broadcast.

E. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

F. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e. to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

G. Off-air recordings need not be used in their entirety but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

H. All copies of off-air recording must include the copyright notice on the broadcast program as recorded.

I. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Print Media Copyright Policy

The copyright law recognizes the special needs of teachers and students for copyrighted print media but does not give them unrestricted privileges. The Board, therefore, adopts the following guidelines which correlate with those of the Ad Hoc Committee on Copyright Law Revision.

A. Single copying for teachers
A single copy may be made of any of the following by or for a teacher for his/her scholarly research or use in teaching or preparation to teach a class:

1. A chapter from a book;
2. An article from a periodical or newspaper;
3. A short story, short essay or short poem; and/or
4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper.

B. Multiple copies for classroom use
Multiple copies may be made by or for a teacher giving a course for classroom use or discussion provided that:
1. The copying is SPONTANEOUS
a. The decision to use the work and the moment of its use is so short that there is not time enough to obtain permission for its use.
b. The use is at the inspiration of one teacher.

2. The copying is BRIEF
a. Prose – no more than 2,500 words of any prose.
b. Poetry – no more than 250 words.
c. One illustration – chart, graph, diagram, drawing or picture per book or periodical issue.

3. Copying shall not exceed the prescribed CUMULATIVE amount
a. The material is for only one course in the school.
b. Not more than one short poem, article, story essay or two excerpts from the same author during one class term.
c. Not more than nine instances of multiple copying for one course during one class term.
In addition:
A. There shall be no copying of or from works intended to be “consumable” in the course of study or teaching such as workbooks, standardized test and test booklets.
B. Copying shall not be repeated with respect to the same item by the same teacher from term to term.
C. Each copy shall include a notice of copyright.
D. No charge shall be made to the student beyond the actual cost of copying.

Music Copyright Policy

We accept the guidelines for educational uses of music as set forth by a similar committee.

The purpose of the following guidelines is to state the minimum and not maximum standards of educational fair use

EBCB - EMERGENCY SAFETY DRILLS

BUILDING EVACUATION DRILLS
In order to protect the safety of students and school personnel and in compliance with Maine Department of Education regulations, schools at all levels preK-12 are required to hold two emergency evacuation drills during the first two weeks of schools, and eight drills will be held thereafter to include both of the following two exceptions:
a) When the weather is severe, the emergency evacuation drills shall be permitted to be postponed.
b) The full number of emergency evacuation drills will be required; however, not less than four shall be conducted before the drills are deferred due to weather considerations.

Emergency evacuation procedures will be incorporated into the school department’s Comprehensive Emergency Management Plan. The principals shall confer with the Fire Chief from time to time on matters pertaining to safety within their buildings and arrange for suitable school safety programs and or drills at regularly scheduled intervals. This will include special planning for the egress of students and staff in wheelchairs or who have other special needs requiring advanced planning.

Written procedures for emergency evacuation drills shall be posted in all buildings, in each classroom, and all offices.

Principals shall keep a record of all emergency evacuation drills held in their schools, stating the date and time the drill was held and the time required for evacuation of the building. This information will be reported to the Superintendent or his/her designee after each drill. Fire officials will be notified before each drill and will also receive a copy of the report for each drill.

The Superintendent/designee will be responsible for ensuring that school personnel receive an annual orientation concerning emergency evacuation procedures. The building principal will be responsible for ensuring that teachers familiarize students with designated evacuation routes prior to the first emergency evacuation drill of the school year.

BUS EVACUATION DRILLS
Maine Department of Education regulations require that, at least twice a year, students who are transported in school buses be instructed in safe riding practices and participate in emergency evacuation drills. The Director of Transportation will be responsible for arranging the times and locations of such drills. Bus evacuation drills must be conducted in the school parking lot or other safe location. The Director of Transportation, in consultation with the Director of Instructional Support and/or Assistant Director of Instructional Support, will determine appropriate evacuation procedures for students with disabilities. The first evacuation drill will occur within the first three weeks of the school year.

BUILDING LOCKDOWN DRILLS

In compliance with the South Portland School Department Comprehensive Emergency Management Plan, schools at all levels preK – 12 will conduct a Lockdown Drill once during each school year. This may be an “Internal Lockdown” drill or “External Lockdown” drill. Principals shall keep a record of all lockdown drills held in their schools, stating the date and time the drill was held. This information will be reported to the Superintendent or his/her designee after each drill. Fire officials will also receive a copy of the report for each drill.

Legal Reference: Ch. 125 § 10.2 (Me. Dept. of Ed. Rule)
Ch. 81 § 2(B) (Me. Dept. of Ed. Rule)

Cross-Reference: EBCC Bomb Threats
EBCA Comprehensive Emergency Management Plan

Adopted: Prior to 1985
Revised: April 1999
Revised: May, 2001
Revised: June 11, 2001
Revised: July 13,1 (Renamed and Recoded – Replaces EBCE – Fire Drills)

FF - NAMING OF SCHOOL FACILITIES

The South Portland Board of Education acknowledges that the community may wish to recognize and honor an individual, who made outstanding contributions to teaching and learning during their lifetime, and who exemplified the values of the South Portland School Department and of the community as a whole. The means by which those contributions might be memorialized include scholarships, special events or activities, or the naming of a facility.

Process:
The Board determines when and if a facility or part of a facility is to be named. The Board shall direct the Superintendent to convene an ad hoc subcommittee to take nominations. The committee shall include the Superintendent and building principal as well as educator(s), parent(s), student(s) and other citizens, depending upon the nature of the request. The Board will vote on the recommendation.

Criteria:
The criteria on which the committee will base its recommendation shall be:
• The honoree’s outstanding contributions to teaching and learning
• The honoree’s distinguished service to the students of South Portland
• The appropriateness of the recognition being given to the above service and contributions

Adopted: December 8, 2003
Revised: December 12, 2011

GA - PERSONNEL POLICY GOALS

The personnel employed by the South Portland School Department constitute the most important resource in our schools. Important contributions to a successful education program are made by all staff members. The South Portland School Department shall employ highly qualified personnel, conduct appropriate staff development activities, and establish policies and working conditions which enable each staff member to make the fullest contribution to district programs and services.

The goals of the South Portland School Department’s personnel program shall include the following:

A. To develop and implement procedures for personnel recruitment, screening, and selection to employ the best available candidate.

B. To develop general deployment strategy for greatest contribution to the learning program, and to utilize it as the primary basis for determining staff assignments;

C. To develop a climate in which optimum staff performance, morale, and satisfaction are produced;

D. To provide positive programs of staff development designed to contribute to the improvement of the learning program;

E. To provide reasonable compensation and benefits as well as other provisions for staff welfare; and

F. To develop and utilize for personnel evaluation, processes which contribute to the improvement of staff capabilities.

Adopted: October 13, 1980
Revised: April 13, 1981
Revised: July 9, 2001

GBA - EQUAL EMPLOYMENT OPPORTUNITY

It is the intent of the Board to pursue policies of non-discrimination and equal employment opportunity in all of its programs and activities. To this end, the Board will take affirmative action to ensure that all applicants receive fair consideration for employment, and that all employees are treated fairly.

Legal Ref: Title 5 MRSA Section 781
Title 5 MRSA Section 4571 et. Seq.

Adopted: October 13, 1980
Revised: April 13, 1981
Revised: July 9, 2001

GBCDM - PEACE CORPS

Employees may be granted a two year leave of absence to join the Peace Corps under the following conditions:

(1) That approval be granted if suitable replacements can be found.

(2) That leave be granted without pay.

(3) That each leave of absence granted be on the recommendation of the Superintendent of Schools and the approval of the Board of Education.

Employees granted leave for the Peace Corps will maintain their current step on the salary schedule.

Adopted: May 3 1963
Revised: December 8, 1975
Revised: May, 2001
Revised: July 9, 2001

GBEAA - STAFF PROTECTION “OFF CAMPUS”

The Board will grant the same support to building administrators and their designated representatives for legal protection against suit for personal liability for “off-campus” activities as for the traditional “on-campus” activities provided that:

A. The activity has been granted prior approval by the Superintendent or his/her designee.
B. The participating pupil has filed a written statement of permission from the parent/guardian.
1. Local field trips- a blanket permission form should be signed by the parents at the beginning of the school year. Parents will be notified at least two days prior to the “off-campus” activity.
2. Out of town field trips will require individual permission slips.
C. Out of town field trips are defined as trips over 70 miles from Central Office.

Adopted: May 13, 1974
Revised: May, 2001
Revised: July 9, 2001

GBEBB - STAFF CONDUCT WITH STUDENTS

The South Portland Board of Education expects all staff members, including teachers, coaches, counselors, administrators and others, to maintain the highest professional, moral and ethical standards in their conduct with students. For the purposes of this policy, staff members also include school volunteers.

The interactions and relationships between staff members and students should be based upon mutual respect and trust; an understanding of the appropriate boundaries between adults and students in an educational setting; and consistent with the educational mission of the schools.

Prohibited Conduct
Examples of unacceptable conduct by staff members that are expressly prohibited include but are not limited to the following:
Any type of sexual or inappropriate physical contact with students or any other conduct that might be considered harassment under the Board’s policy on Harassment and Sexual Harassment of Students;

Singling out a particular student or students for personal attention and friendship beyond the normal teacher-student relationship, including using email, IM, chat rooms, telephone or letters for this purpose.

For non-guidance/counseling staff, encouraging students to confide their personal or family problems and/or relationships. If a student initiates such discussions, staff members are expected to be supportive and to refer the student to guidance/counseling or other appropriate staff. In either case, staff involvement should be limited to a direct connection to the student’s school performance.

Sexual banter, allusions, jokes or innuendos with students; and

Disclosing personal, sexual, family, or employment concerns, and/or other private matters to one or more students.

Before engaging in the following activities, staff members will review the activity with their building principal or supervisor, as appropriate:

Inviting or allowing students to visit the staff member’s home;

Visiting a student’s home, unless on official school business;

Giving or exchanging gifts of value.

Socializing or spending time with students (including but not limited to activities such as going out for meals or movies, shopping, traveling, and recreational activities) outside of school-sponsored events except as participants in organized community activities.

Staff members are expected to be sensitive to the appearance of impropriety in their conduct with students. Staff members are encouraged to discuss issues with their building administrator or supervisor whenever they are unsure whether particular conduct may constitute a violation of this policy.

Reporting Violations

Students and/or their parents/guardians should notify the principal (or other appropriate administrator) if they believe a teacher or other staff member may be engaging in conduct that violates the intent of the policy.

Staff members should promptly notify the appropriate building administrator or Superintendent if they become aware of a situation that may constitute a violation of this policy and jeopardize the well being of a student.
Disciplinary Action

Staff violations of this policy shall result in disciplinary action up to and including dismissal. Violations involving sexual or other abuse will also result in referral to the Department of Human Services and/or law enforcement in accordance with the Board policy on Reporting Child Abuse and Neglect.

Policy to be Included in Handbooks

This policy shall be included in all employee, student and volunteer handbooks.

Cross Reference: ACAA-Harassment and Sexual Harassment of Students
JLF-Reporting Child Abuse and Neglect
JL & GBI – Gifts

Adopted: November 13, 2002

GBEC - DRUG-FREE WORKPLACE

The South Portland Board of Education recognizes that alcoholism and drug dependencies are treatable diseases. Left untreated, they may result in serious personal and family problems. At the same time, the Board is also seriously concerned about the effects of alcohol and drug dependency upon an employee’s job performance and ability to serve as a role model for our students.

The South Portland Board of Education believes strongly that all employees and students should be able to work and learn in an environment free from alcohol and drug abuse. Accordingly, the Board expects all employees to report for work and to perform their duties in a manner that does not jeopardize the health, safety and well being of co-workers and students.

No employee shall distribute, dispense, possess, use or be under the influence of any alcoholic beverage, malt beverage or fortified wine or other intoxicating liquor. Nor shall an employee unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid or any other controlled substance (as defined in schedules I through V of section 202 of the federal Controlled Substance Act (21 U.S.C., Sec. 812); by federal regulation at 21 C.F.R., 1300.11 through 1300.15; and in Maine’s Title 17-AMRSA, section 1101). This applies before, during and after school hours at school or in any other school system location, defined as follows:

“School system location” means in any school building or on any school premises; in any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as field trip or athletic event, where students are under the jurisdiction of the school unit; or during any period of time such employee is supervising students on behalf of the school system or otherwise engaged in school unit business.

Any employee who suspects that he or she may have an alcohol or drug dependency problem is strongly encouraged to seek voluntary diagnosis and treatment. All employees will be provided a list of confidential referral services to an outside agency, and assisted in determining the extent to which insurance coverage to help pay for such services. All voluntary referrals and requests for information shall be kept confidential.

Any violation of this policy shall constitute sufficient grounds for employee discipline, up to and including dismissal. Any illegal use, possession, furnishing, selling or provision of assistance in obtaining alcoholic beverages or scheduled drugs not covered by the preceding paragraph may, depending upon the circumstances, constitute sufficient grounds for discipline, up to and including dismissal. Referrals under foregoing paragraphs of this policy will not preclude disciplinary action under this paragraph, depending on the circumstances.

As provided in the Drug-Free Workplace Act of 1988, any employee is required to notify the superintendent of schools of a criminal or civil conviction for a drug violation occurring in the workplace no later than five calendar days after such conviction.

Within 30 days after receiving notice, the Board is to:

1. take appropriate personnel action against such employee up to and including termination; or

2. require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by
a federal, state or local health, law enforcement, or other appropriate agency.

In turn, the superintendent, within 10 calendar days of learning of such a conviction, is to give written notification to the U. S. Department of Education and to any other federal agency from which South Portland Schools receives grant funds.

Communication

A copy of this policy is to be given or mailed to all current employees and to new employees at the time of their employment, and is to be posted in appropriate locations throughout the school system.

Review

The superintendent is to oversee a bi-annual review of the policy and regulations to determine the program’s effectiveness, to implement changes to programs, policy and regulations, as needed, and to ensure that disciplinary sanctions are consistently enforced.

Adopted: November 1990
Revised: April 1992
Revised: January 1995
Revised: February 1996
Revised: July 1998

GBGAA - BLOODBORNE PATHOGENS

In accordance with the OSHA Bloodborne Pathogens standard, 29 CFR 1910, 1030, South Portland School Department shall follow the guidelines delineated in the Bloodborne Pathogens Exposure Control Plan.

The purpose of the Exposure Control Plan is to provide and maintain a safe working environment for all employees by eliminating and/or minimizing occupational exposure to bloodborne pathogens including, but not limited to, Hepatitis B Virus (HBV) and the Human Immunodeficiency Virus (HIV). It is the responsibility of the employer to provide and maintain appropriate engineering controls and personal protective equipment and to develop and promote safe work practices. It is also expected that employees will practice universal precautions and follow the guidelines set forth by this plan.

Adopted: February 14, 1994
Revised: July 9, 2001

A copy of the Bloodborne Pathogens Exposure Control Plan is available in Central Office.

GBGAA-E - BLOODBORNE PATHOGENS TRAINING ACKNOWLEDGMENT FORM

SOUTH PORTLAND SCHOOL DEPARTMENT
130 Wescott Road
South Portland, Maine 04106

Record of Training – Bloodborne Pathogens

Name of Employee:________________________________________________

Position:__________________________ Date of Hire:___________________

School(s):________________________________________________________

I acknowledge that on _________________________________, I received training from representatives of the South Portland School Department on Bloodborne Pathogens.

Employee Signature:

Dated:

April 2006
SOUTH PORTLAND SCHOOL DEPARTMENT

5.In-Service Training

A.Implementation

1.All requirements for the training will be implemented by September 30, 1993 and training shall be conducted by individuals knowledgeable on the subject matter as it relates to the control of bloodborne pathogens and to the specific tasks being performed.

2.Training will be provided at no cost to all employees and during reasonable normal working hours.

3.This training will be updated annually. Employees will receive additional training when new procedures are added. This additional training will be limited to the new procedures or modifications.

B.Content

Training for all employees will be conducted prior to initial assignment to tasks where occupational exposure may occur. Training will be conducted in the following manner:

Training for employees will include and explanation of the following:

1.The OSHA standard for Bloodborne Pathogens

2.Epidemiology and symptomatology of bloodborne diseases

3.Modes of transmission of bloodborne pathogens

4.This Exposure Control Plan, i.e. points of the plan, lines of responsibility, how the plan will be implemented, etc.

5.Procedures which might cause exposure to blood or other potentially infectious materials at the schools

6.Control methods which will be used at the schools to control exposure to blood or other potentially infectious materials

7.PPE available at the schools and who should be contacted

8.Post exposure evaluation and follow-up

9.Hepatitis B vaccine program at the schools

C.Training Record Keeping

1.All records required by the OSHA standard 29 CFR 1910.1030 will be maintained by the Superintendent’s office

2.Training records shall be maintained for three years from training date. They shall include: the date of training, the contents or summary of the training, the names and qualifications of the person conducting the training, and the names and job classifications of the person attending the training.

The availability and transfer of these training records will be in accordance with 29 CFR 1910.1030, the Bloodborne Pathogens Standard

3.The outline for the training material is located in the offices of the school nurses

Reviewed: December 12, 2017, January 12, 2018

POLICY GBI - STAFF GIFTS AND SOLICITATIONS

This policy is intended to maintain the integrity of the South Portland School Department and reduce
the potential for any appearance that its employees have been improperly influenced in their decisions
or professional judgment.

GIFTS FROM PARENTS AND STUDENTS

Teachers and other employees are not permitted to accept gifts from parents or students that exceed
nominal value.. The Board encourages the writing of letters by parents and students to teachers and
other staff members as a more meaningful and appropriate way of expressing gratitude and
appreciation.

SOLICITATION OF STAFF

In-school solicitation of staff by sales people or other business representatives is prohibited. Such
solicitation should be reported to the building principal. Individual students fundraising to benefit
boosters or community organizations would not be in conflict with this policy.

No organization, including charitable or humanitarian organizations, may solicit funds from staff at
school or through school electronic communications systems or distribute flyers at school or on school
property except as allowed by Board policy.

The solicitation or collection of funds from students and staff members for the purpose of providing
gifts for teachers or other school personnel is not permitted except for very special occasions such as
retirement.

Cross Reference: DJ – Bidding and Purchasing
KHB – Advertising in the Schools
KI – Visitors to the Schools
Adopted: March 8, 1976
Revised: December 14, 1998
Revised: July 9, 2001
Revised: February 13, 2023

GBJ - PERSONNEL RECORDS AND FILES

The South Portland School Department shall maintain records of current and former employees in the Office of the Superintendent in accordance with state and federal laws and regulations.

Directory Information

As required by law, a record of directory information for each employee shall be open to inspection and copying by any person. Directory information shall contain:

A. Name of employee;

B. Date(s) of employment by the school unit;

C. Regular and extra-curricular duties, courses taught.

D. Post-secondary educational institution(s) attended;

E. Major and minor field(s) of study as recognized by those institutions;

F. Degrees received and dates degrees were awarded; and

Confidential Information

As required by law the following information (except Directory Information) about an employee, applicant for employment, or an employee/applicant’s immediate family shall be kept confidential if it relates to the following:

A. All information, working papers, and examinations used in evaluation of or selection of applicants for employment;

B. Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;

C. Performance evaluations, personal references and other reports and evaluations reflecting on the quality or adequacy of the employee’s work or general character compiled and maintained for employment purposes;

D. Credit information;

E. The personal history, general character or conduct of the employee or any member of the employee’s immediate family;

F. Complaints, charges of misconduct, replies thereto and memoranda and other materials pertaining to disciplinary action;

G. Social Security number;

H. Any teacher action plan and support system documents and reports maintained for certification purposes; and

I. Criminal history record information obtained pursuant to Title: 20A MRSA §6103.

Personnel Files

Personnel files will contain a cumulative history of the staff member’s employment, including formal or informal employee work evaluations and reports relating to the employee’s character, credit, and work habits. The Superintendent has oversight of the placement of documents into the file.

The school unit must maintain the following confidential employee records separate from the personnel files:

A. Medical information of any kind; and

B. Teacher action plan and support system documents and reports maintained for certification purposes.

Disciplinary Action Information

Any written record of a decision involving disciplinary action taken with respect to an employee by the School Board shall not be included within any category of confidential information.

Procedures for Review of Personnel Files

A. Upon a formal request from the employee and within 3 business days, the Superintendent or designee will provide the employee, former employee, or his/her duly authorized representative(s) the opportunity for review and copying his/her personnel file, in the presence of the Superintendent or designee, if the Superintendent has a personnel file for that employee.

B. Reviews of personnel files shall take place at the location where the personnel files are maintained, and during normal school hours.

C. The cost of any copying is to be paid by the person requesting the copy.

D. Access to confidential college placement records and letters of reference will be granted only to the Superintendent/designee.

Access to Personnel Files

Access to personnel files may be given to the following persons without the consent of the employee:

A. The Superintendent or his/her designee, the employee’s principal or other supervisor(s). Personnel files are not accessible to individual School Board Members. Relevant portions of a personnel file may be summarized and/or shared with the Board by the Superintendent when consideration is being given to performance evaluation, continuation of employment; or disciplinary action.

B. The general public shall have access only to the Directory Information as outlined above.

Access to personnel files will not be granted to any other persons except under the following circumstances:

A. When the employee gives written consent for the release of his/her records. The written consent must specify the record(s) to be released and to whom they are to be released. Each request for consent must be handled separately; blanket permission for release of information will not be accepted; and

B. Under advice of counsel, when subpoenaed or under court order.

Records Management

The Superintendent has overall responsibility for maintaining and preserving the confidentiality of all employee/applicant records. This Superintendent may designate a staff member who shall be responsible for granting or denying access to records according to the guidelines in this policy.

Written reports shall be maintained in personnel files to document compliance with federal and state laws and regulations and School Board policies regarding employee evaluations. The Superintendent’s decision about placement of a document in the personnel file shall be final.

A sign-off sheet will be maintained in all personnel files providing for a date, signature and reason for accessing the file.

Records Retention

The school unit will retain all personnel records and files in accordance with applicable laws and regulations.

Legal Reference: Title: 20A MRSA § 6101
Title: 20A MRSA § 6103
Title: 20A MRSA § 13015
Title: 26 MRSA § 631
Chapter 10, Rules for Disposition of Local Government Records (Maine State Archives)
Americans with Disabilities Act of 1990, 42 U.S.C.
Family and Medical Leave Act of 1993, 29 U.S.C. 2611 et seq.

Adopted: Prior to 1980
Revised: July 9, 2001
Revised: April 12, 2004

GBJAA - CONFIDENTIALITY IN THE HIRING PROCESS

Maine state law strictly requires that all information relating to applicants for employment remain confidential. This applies to school Board members, administrators and secretarial staff by virtue of their positions. It also applies to other staff and members of the public whenever they are involved in a screening and/or interviewing committee assisting in the selection process.

Therefore, the following three components shall be included in procedures used to fill all positions:

1. Potential candidates shall be notified on the application form that the materials submitted may be disclosed to a screening and/or interviewing committee which may include Board Members, administrators, staff, and members of the community. An individual must sign the consent form in order to be considered an applicant.

2. Any screening and/or interviewing committee is to receive a thorough orientation on the strict responsibility to maintain confidentiality pursuant to state law.

3. Each individual, prior to serving as a screening and/or interviewing committee member, shall sign a standard form acknowledging that he/she understands and intents to honor the strict requirement to maintain confidentiality regarding applicant information. Such forms shall be retained on file in the Superintendent’s Office.

Legal Reference: Title 20A MRSA, Section 6101.2.B.

Adopted: July 9, 2001

SOUTH PORTLAND SCHOOL DEPARTMENT CONFIDENTIALITY FORM

The South Portland Board of Education appreciates your willingness to assist in the process of screening applicants for the position of _________________________________________ .

We are confident that your participation will contribute to our selection of the best possible candidate.

Understanding the intent and seriousness of the legal requirement to maintain strict confidentiality is most important. In this regard, Title 20A, Section 6101.2.B of the Maine Statues reads in part:

…information in any form relating to an employee or applicant for employment, or to the employee’s immediate family, shall be kept confidential if it relates to the following:

1. All information, working papers and examinations used in the examination or evaluation of all applicants for employment;

At least one test case has substantiated that even the name of an applicant is protected (including the fact that a person has applied). Moreover, the prohibition from discussing these confidential matters does not end with the selection and appointment of the successful candidate. It is permanent and applies to all unsuccessful candidates as well.

Therefore, in agreeing to participate in this important undertaking, we expect you to acknowledge having been provided with an orientation on the requirement for confidentiality, and that you are accepting this responsibility.

Again, thank you very much for your assistance.

I understand and pledge to honor the strict requirement to maintain confidentiality regarding applicant information.

Signature of Applicant _______________________________________ Date ________________

Signature of Board/Search Committee Chair _______________________ Date ________________

GBN - FAMILY AND MEDICAL LEAVE

GBN- FAMILY AND MEDICAL LEAVE

The South Portland School Department shall comply with all applicable provisions of the federal Family and Medical Leave Act of 1993 (FMLA), the Maine Family Medical Leave Law, and any other Board policies and collective bargaining agreements regarding family and medical leave.

The Superintendent is responsible for implementing administrative procedures to comply with this policy.

Employees are entitled to family and medical leave under the federal Family and Medical Leave Act of 1993 (“FMLA”) or the Maine Family Medical Leave law when they meet all of the eligibility requirements of these laws. This policy sets forth several rules that must be applied uniformly to all employees who may be eligible for family and medical leave. As used in this policy, “family and medical leave” means leave available under both the federal and state laws.

I. THE FEDERAL EMPLOYEE ELIGIBILITY PERIODS

Employees who have been employed for at least 12 months and have worked at least 1,250 hours in the previous 12 months are eligible for FMLA leave under the federal law. (See Section III for additional school employees who are eligible for these federal FMLA benefits.)

There are two types of eligibility periods under the federal law as described below.

1. 12-Month Period for Birth, Adoption or Foster Care; Serious Health Condition Purposes; Qualifying Exigency

There is a 12-month eligibility period for 12 weeks of FMLA leave taken for the following qualifying purposes:

1. Birth and care of the newborn child of the employee;
2. Placement with the employee of a son or daughter for adoption or foster care;
3. Care for an immediate family member (spouse, child, or parent) with a serious health condition;
4. Medical leave when the employee is unable to work because of a serious health condition; or
5. Qualifying exigency leave for an employee whose spouse, child or parent is a regular member of the Armed Forces on covered active duty deployed to a foreign country or a reserve member of the Armed Forces (including National Guard) on covered active duty deployed to a foreign country under a call or order to active duty in a contingency operation. The 12-month period used to determine employee eligibility for FMLA for the purposes described above shall be the 12-month period measured forward from the date any employee’s first leave begins.                                   

1. Federal 12-Month Period for Military Caregiver Leave

There is a separate 12-month period for employees eligible for military caregiver leave of up to 26 weeks. Such leave may be taken to care for a spouse, child, parent or next of kin of an eligible service member or veteran with a serious injury or illness. This leave is calculated from the first day that leave is taken for this purpose and does not track the employer’s designated 12-month FMLA tracking period as described above. Any military caregiver leave that is not taken within the specific 12-month period is forfeited. This leave period may overlap with the usual 12-month leave period designated by the employer and in certain circumstances, this may impact the employee’s eligibility to take other types of FMLA leave.

II. MAINE REQUIREMENTS

1. Leave Amount and Eligibility

Employees who have been employed for at least 12 consecutive months are eligible for leave under the Maine Family Medical Leave law. Beginning August 8, 2022, school employees who have worked at least 900 hours in the previous 12 months are also eligible for federal FMLA benefits under the same conditions as other employees eligible to receive such benefits.

The amount of family and medical leave available to employees under the Maine law is 10 work weeks in any two-year period.

B.      Qualifying Purposes

Leave may be used for the following qualifying purposes:

1.      Serious health condition of the employee;

2.      Serious health condition of the employee’s spouse, domestic partner, child (or child of domestic partner), grandchild (or grandchild of domestic partner), parent or sibling;

3.      Birth of the employee’s child or child of his/her domestic partner;

4.      Placement of a child 16 years of age or younger with the employee or the employee’s domestic partner for adoption;

5.      Donation of an organ for human transplant by the employee;

6.      Death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child as a member of the state military forces or United States Armed Forces (including National Guard and Reserves) while on active duty.

III. NOTICE BY EMPLOYEE

Employees requesting leave shall provide at least 30 days’ notice to the Employer whenever the need for such leave is foreseeable. The employee shall provide appropriate medical certification (or other certification appropriate to the particular request) supporting the leave request.

When the Employer has reason to believe that an employee is or will be absent for an FMLA-qualifying purpose, the Employer should request the appropriate information from the employee to determine the employee’s eligibility for family and medical leave.

IV. COORDINATION WITH OTHER LEAVE

When leave is taken that qualifies both as FMLA and as permitted leave under any employment contract, collective bargaining agreement or policy, the employee shall use FMLA and the other type of leave concurrently, provided that the employee meets all of the eligibility requirements for each type of leave. Types of leave that shall run concurrently with FMLA include, but are not necessarily limited to accrued sick leave; vacation; unpaid leave; disability leave; absence for work-related injuries; and any other applicable types of leave.

V. FITNESS FOR DUTY CERTIFICATE

Before returning to work, employees taking FMLA for their own serious health condition shall submit a certificate from a health care provider indicating that they are able to return to work and perform the essential functions of the position.

Legal Reference:          26 U.S.C. § 2601 et seq.; 29 CFR Part 825

26 MRSA § 843 et seq.

Cross-Reference: GBN-R1- Family and Medical Leave Act Administrative Procedure

GBN-R2- Maine Family Medical Leave Administrative Procedure

Adopted: June 13, 2005 

Revised January 9, 2023

Legal Reference: 26 USC § 2601 et seq.

29 CFR Part 825

26 MRSA § 843 et seq.

Adopted: June 13, 2005

GBN-R1 - FAMILY AND MEDICAL LEAVE ACT (FMLA) ADMINISTRATIVE PROCEDURE

The following administrative procedure covers the main provisions of the federal Family and Medical Leave Act (FMLA). The guidelines in no way attempt to modify the Act, which should always be referred to when questions about implementation arise. The South Portland School Department is responsible for analyzing each employee request for leave to determine whether he/she is eligible under the federal and/or state statute. When an employee is eligible for leave under both the federal and state statutes, the applicable law with regard to each benefit shall be the one that provides the greater benefit to the employee (usually federal FMLA).

I. ELIGIBILITY REQUIREMENTS

To be eligible under the FMLA, employees must work at a site where 50 or more employees of the same school board are employed within 75 miles of that work site. An employee must have been employed by the school unit for at least twelve months and have worked at least 1250 hours in the previous twelve-month period. According to the law, teachers employed on a full-time basis are presumed to meet the minimum hours requirement.

Under the FMLA, an eligible employee is entitled to receive up to twelve weeks of leave during a twelve-month period for the following reasons:

A. The birth and care of a child;
B. The adoption or foster placement of a child with the employee;
C. To care for a spouse, child or parent with a serious health condition; or
D. The employee is unable to perform the functions of his/her position because of a serious health condition.

II. ADMINISTRATION

A. If the leave request is due to the employee’s serious health condition, the employee is required to provide medical certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning the condition, and that the employee cannot perform the functions of his/her job. If the leave request is due to the serious health condition of a family member, the employee is required to provide medical certification stating the date the health condition commenced, the probable duration, the appropriate medical facts concerning the condition, and an estimate of the time the employee will be needed to care for the family member.

B. The twelve-month period in which an employee is entitled to twelve weeks of FMLA leave shall be the 12-month period measured forward from the date an individual employee’s first leave begins.

C. An employee must submit an application for leave at least 30 days in advance when the leave is foreseeable, or as soon as practicable if it is not foreseeable. If an employee fails to provide 30 days’ notice of foreseeable leave, the leave may be delayed to start 30 days after notice is given, provided that the employee had actual notice of FMLA notification requirements.

D. Any leave taken for FMLA-qualifying purposes (including leave taken under employment policies, bargaining agreements, or contracts) shall also be applied to an employee’s annual FMLA entitlement. When paid leave taken for FMLA-qualifying purposes is exhausted, the balance of FMLA leave shall be unpaid.

E. Upon an employee’s return to work, he/she will be restored to his/her previous position or to an equivalent position with equivalent pay, benefits, conditions and terms of employment.

F. An employee returning from FMLA leave for his/her own serious health condition is required to submit medical certification that indicates fitness to return to work and ability to perform the functions of the job.

G. If the employee is unable to return to work because of his/her own serious health condition at the expiration of allowable FMLA leave, the Superintendent may consider a request for extension of unpaid leave and benefits on a case-by-case basis. Failure to return to work upon the expiration of FMLA leave may subject the employee to immediate termination unless such an extension is granted.

H. An employee who is not eligible for federal FMLA leave may be eligible for Maine Family Medical Leave.

Legal Reference: 26 USC § 2601 et seq.
29 CFR Part 825

Adopted: June 13, 2005

GBN-R2 - MAINE FAMILY MEDICAL LEAVE ADMINISTRATIVE PROCEDURE

This administrative procedure covers the main provisions of the Maine Family Medical Leave Act. The South Portland School Department will analyze each employee request for leave to determine whether he/she is eligible under the Federal and/or State statute. When an employee is eligible for leave under both the Federal and State statutes, the applicable law with regard to each benefit shall be the one that provides the greater benefit to the employee (usually Federal FMLA).

I. ELIGIBILITY

To be eligible for Maine Family Medical Leave, employees must work at a site where there are 15 or more employees of a school board. An employee must have been employed by the same employer for 12 consecutive months and not taken such leave within the immediately preceding 24-month period, or have used less than 10 weeks of family medical leave.

Under the Maine Family Medical Leave Act, an eligible employee is entitled to up to 10 weeks of leave during a 24-month period for the following reasons:

A. Serious health condition of the employee;

B. Birth of the employee’s child or the employee’s domestic partner’s child;

C. Placement of a child 16 years of age or less in connection with the adoption of the child by the employee or the employee’s domestic partner;

D. Serious health condition of a child, domestic partner’s child, parent, sibling, domestic partner or spouse;

E. The donation of an organ of the employee for a human organ transplant; or

F. The death or serious health condition of the employee’s spouse, domestic partner, parent, sibling or child if the spouse, domestic partner, sibling or child is a member of the state military forces as defined in Title 37-B, section 102, or the Maine Revised Statutes, or of the United States Armed Services, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty.

Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility or continuing treatment by a health care provider.

II. DEFINITIONS
A. SIBLING: For the purpose of this procedure, “sibling” means a sibling of an employee who is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements and joint financial arrangements.

B. DOMESTIC PARTNER: For the purpose of determining eligibility for Maine Family Medical Leave, “domestic partner” means the partner of an employee who:

1. Is a mentally competent adult as is the employee;
2. Has been legally domiciled with the employee for at least 12 months;
3. Is not legally married to or legally separated from another individual;
4. Is the sole partner of the employee and expects to remain so;
5. Is not a sibling of the employee; and
6. Is jointly responsible with the employee for each other’s common welfare as evidenced by joint living arrangements, joint financial arrangements, or joint ownership of real or personal property.

III. ADMINISTRATION
A. The school unit may require certification from a physician to verify the amount of leave requested. An employee who in good faith relies on treatment by prayer or spiritual means, in accordance with the tenets and practice of a recognized church or religious denomination may submit certification from an accredited practitioner of those healing methods.

B. An employee requesting leave shall provide at least 30 days’ notice of the intended dates upon which the leave will commence and terminate, unless prevented by medical emergency from giving required notice.

C. Any leave taken for Maine Family Medical Leave qualifying purposes, including leave taken under employment policies, bargaining agreements, or contracts, shall also be considered leave under the Maine Family Medical Leave and shall be applied to an employee’s 10-week Maine Family Medical Leave entitlement every 24-month period. When paid leave taken for Maine Family Medical Leave qualifying purposes is exhausted, the balance of Maine Family Medical Leave shall be unpaid. The school unit and employee may negotiate for more or less leave, but both parties must agree.

D. During Maine Family Medical Leave, an employee shall be permitted to continue his/her medical insurance plan, providing the employee remits both the employee and employer share of the monthly premium to the Superintendent’s Office no later than the first day of the month for which the premium is due.

E. Upon an employee’s return to work, he/she will be restored to his/her previous position or to a position with equivalent seniority status, benefits, pay, and other conditions and terms of employment.

F. An employee taking Maine Family Medical Leave for his/her own serious health condition may be required to submit certification that he/she is fit to return to work and is able to perform the functions of the position.

G. If at the end of the allowable leave under Maine Family Medical Leave the employee is unable to return to work because of his/her own serious health condition, the Superintendent may consider a request for extension of unpaid leave and benefits on a case-by-case basis. Failure to return to work upon the expiration of Maine Family Medical Leave may subject the employee to immediate termination unless such an extension is granted.

H. An employee who is not eligible for Maine Family Medical Leave may be eligible for Federal Family and Medical Leave.

IV. LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE

Subject to the other requirements of this policy, leave taken intermittently or on a reduced leave schedule (i.e., a leave schedule that reduces the usual number of hours per workweek or hours per workday of an employee may) be taken subject to the following:

A. Leave for birth or placement related to adoption may not be taken intermittently or on a reduced schedule unless agreed to by both employer and employee;

B. Leave for a serious health condition of the employee or his/her child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee may be taken intermittently or on a reduced leave schedule when medically necessary;

C. The taking of leave intermittently or on a reduced leave schedule may not result in a reduction in the total amount of Maine Family Medical Leave to which the employee is entitled beyond the amount of leave actually taken; and

D. If an employee requests intermittent leave or leave on a reduced leave schedule for a serious health condition of the employee or his/her child, domestic partner’s child, parent, domestic partner or spouse, or for organ donation by the employee that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that 1) has equivalent pay and benefits, and 2) better accommodates recurring periods of leave than the regular employment position of the employee.

Legal References: 26 MRSA § 843 et seq.
26 MRSA § 850

Adopted: June 13, 2005
Revised: July 14, 2008

GBO - FAMILY CARE LEAVE

This policy governs employee leave under 26 M.R.S.A. $ 636, “An Act to Care for Families”, referred to in this policy as the “Family Care Act.” Leave under this policy is referred to as “Family Care Leave.”

The Board recognizes that under Maine’s “Family Care Act,” if an employer provides paid leave under the terms of a collective bargaining agreement or employment policy, the employer must allow an employee to use the paid leave for the care of an immediate family member who is ill.

In law and for the purpose of this policy, the following definitions apply:

1. “Employer” means a public or private employer with 25 or more employees.

2. “Immediate family member” means an employee’s child, spouse or parent.

3. “Paid leave” means time away from work by an employee for which the employee receives compensation. Paid leave is limited to sick time, vacation time, compensatory time and leave that is provided as an aggregate amount for use at the discretion of the employee for any of these purposes. Paid leave does not include paid short-term or long-term disability, catastrophic leave or similar types of benefits.

Employees may take up to 40 hours of paid leave as Family Care Leave per 12 month period, or the amount provided by an applicable collective bargaining agreement, whichever is greater. The 12-month period shall be the same for all employees and shall be the contract year.

An employee is not entitled to use paid leave until that leave has been earned. An employee may elect which type of paid leave and the amount of each type of paid leave to use for Family Care Leave.

Notice/verification of illness for Family Care Leave shall be the same as that required for the employee’s own illness. The employee must specify that leave is being taken pursuant to the Family Care Act.

Application of Family Medical Leave Requirements

For purposes of applying family medical leave requirements (i.e., FMLA) the school unit shall treat leave under the Family Care Act in the same manner as the employer treats leave for an employee illness. Therefore, Family Care Leave and FMLA leave shall run concurrently.

Legal Reference: 26 M.R.S.A. § 636

Adopted: October 12, 2005

GCA -JOB DESCRIPTIONS

The South Portland Board of Education shall maintain written job descriptions of the jobs, or positions, describing the essential characteristics, requirements and general duties of the jobs. The South Portland Board of Education will approve the broad purpose and function of positions in harmony with state laws and regulations, approve statement of job requirements as recommended by the Superintendent and delegate to the Superintendent the task of writing, or causing to be written, job descriptions for all positions.

These job descriptions shall not be interpreted as complete or limiting definitions of any job, and employees shall perform any duties assigned by department heads, supervisors, or other administrative authority per the collective bargaining agreement. Problems with respect to interpretation shall be referred to the Superintendent of Schools.

Adopted: May 13, 1974
Revised: June 9, 1975
Revised: May, 2001
Revised: July 9, 2001

GCB - PROFESSIONAL STAFF CONTRACTS AND COMPENSATION PLANS

After a probationary period of not to exceed 2 years, subsequent contracts of duly certified teachers shall be for not less than 2 years. Unless a duly certified teacher receives written notice to the contrary at least 6 months before the terminal date of the contract, the contract shall be extended automatically for one year and similarly in subsequent years although the right to an extension for a longer period of time through a new contract is specifically reserved to the contracting parties.

Contracts between the Board and employees currently in service and re-elected by the Board shall be signed and returned to the Superintendent of Schools within fifteen (15) days after notification of re-election or shall otherwise be deemed void. Contracts issued to teachers new to the system shall be returned within fifteen days or within such lesser time as judged expedient by the Superintendent, and so noted on the contract, or shall otherwise be deemed void.

Legal Ref: Title 10-A MRSA Section 13201

Adopted: January 4, 1967
Revised: April 13, 1981
Revised: May, 2001
Adopted: July 9, 2001

GCBCC - JURY DUTY

Those members of the professional or non-professional staff called for jury duty shall receive their full salary. Any provisions provided by the employee’s negotiated contact will be adhered to by the South Portland Board of Education.

Adopted: May 29, 2001
Revised: July 9, 2001

GCBD - PROFESSIONAL STAFF LEAVES AND ABSENCES

Under no circumstances should a teacher or other professional staff member be absent from school without giving due notice. Absence for any reason other than illness or extreme emergency must be by prior approval of the Superintendent.

Adopted: October 13, 1980

GCBDA - BOARD APPROVED LEAVE

A Board approved Leave of Absence does not constitute a break in service for any employee.

Adopted: July 9, 2001

PROFESSIONAL STAFF SABBATICAL LEAVE

The Board of Education recognizes the importance of study and reflection in improving the academic and professional competency of professional staff. Any teacher/professional staff who has served continuously in the South Portland Public Schools for a period of at least seven years may, on the recommendation of the Superintendent of Schools, be granted by the Board of Education, sabbatical leave of absence not exceeding one year for the purpose of approved study aligned to district goals.

A teacher on sabbatical leave shall receive a salary equal to one-half the annual teaching salary to which he/she would have been entitled had he/she remained in the school system that year.

Requests for sabbatical leave shall be made before October 1 of the school year previous to the school year for which the sabbatical is requested. Requests must include an outline of the course of study and its relationship to district work.

Before beginning the sabbatical leave, the teacher shall enter into contract to return to active service in the South Portland Public Schools for a period of at least two years after the expiration of such sabbatical leave. A teacher who does not fulfill this agreement shall make restitution of salary to the City of South Portland either in full or on a prorated basis if the obligation has been partially fulfilled. The teacher shall be released from such payment if his/her failure to serve the two years as stipulated is due to illness, disability, or death, or if he/she is discharged from his/her position by the Board of Education.

A teacher returning from sabbatical leave shall be placed on the step of the salary schedule he/she would have attained had he/she remained in the school system.

The number of teachers on sabbatical leave for study shall be limited to one unless otherwise approved by the Board of Education.

Legal Ref: Title 20-A MRSA Section 13604

Adopted: March 4, 1966

Revised: December 8, 1975

Revised: October 13, 1980

Revised: December 11, 2017

Adopted: February 12, 2018

GCCAD - MILITARY LEAVE

The School Board recognizes the importance of military service in maintaining our Nation’s security. The Board also recognizes that federal and state law provide certain protections for employees who must fulfill military obligations, including active duty and training requirements. Therefore, the Board shall make provision for military leave by school employees assigned to the uniformed services of the United States, in accordance with applicable laws and this policy.

Regular employees will be entitled to military leave for service in the uniformed services of the United States for periods which, cumulatively, do not exceed five years, unless service is otherwise extended as provided by law. Upon return to work, no employee who was granted such leave and who complies with notification, return-to-work and other applicable requirements will be subject to loss of seniority, status, or other rights or benefits determined by seniority or other benefits established by contract or agreement in effect at the beginning of the leave or implemented during the leave, unless otherwise provided for by law. Such employees will be placed on the salary step they would have attained had they not taken a military leave.

The Superintendent/designee shall be responsible for compliance, including implementation of a system of record-keeping for documenting military leave.

Annual Training Leave

An employee who is a member of a reserve or National Guard unit or any other branch of the military organized under state or federal law who is required to perform annual active duty during the school year shall be granted military leave with a right to reinstatement as provided by state and federal law.

A teacher shall suffer no net loss of pay for up to 17 calendar days annually, provided that the teacher has made every reasonable effort to perform their annual training when school is not in session. An employee who is required to continue military service beyond required annual training will, upon return, be eligible for pay and benefits in accordance with the provisions of the paragraphs of this policy concerning emergency military leave.

Employees who have annual training obligations must immediately notify their supervisor and the Superintendent in writing upon receipt of an active duty assignment, including the dates when military leave will begin and end.

Emergency Military Leave

Military leave will be granted to any regular employee who enlists for military duty with any branch of the United States armed forces or who is called into active military service in time of war or other emergency declared by the proper authority of the state or United States.

The employee should, in advance if possible, notify his/her supervisor and the Superintendent of his/her service obligation, including the dates when leave will begin and, if known, when it will end. An employee whose military leave will result in an absence of more than 30 days should forward a copy of his/her military orders to the Superintendent.

1. Pay

Such leave will be without pay, unless otherwise required under an applicable collective bargaining agreement or by law. An employee may use vacation time or other paid leave during his/her time of military service, but is not required to do so.

2. Health Benefits

For absences of up to 30 days, health insurance benefits will continue as if the employee has not been absent. The employee will not be required to pay more than his/her usual share of the health insurance premium.

For absences of 31 days or more, the employee may elect to continue health benefits for a period of up to 18 months from the date leave begins or until he/she fails to return to work, whichever is shorter. Employees wishing to continue coverage may be required to pay no more than 102% of the insurance premium.

3. Other Benefits

Employees on military leave are entitled to the same benefits as provided to employees on other types of approved, unpaid leave.

4. Reinstatement After Service

An employee who wishes to return to the school unit will be re-employed in the position he/she would have held if employment had not been interrupted, or assigned to an equivalent or similar position, provided that:

a. The employee is still qualified for the position, or can, after “refresher” or skills upgrade training, or other reasonable accommodation required under federal or state law, qualify for the position;
b. The employee has been honorably discharged or has otherwise been released after satisfactory service;
c. The employee notifies the Superintendent/designee of intent to return work within the time period set by law; and
d. The school unit’s circumstances have not changed to such a degree that re-employment would cause an undue hardship on the school unit or make reinstatement impossible or unreasonable.

Upon reinstatement, the employee will have the same rights to vacation, sick leave and other benefits as if he/she had been continuously employed.

Because continuing contract (non-probationary) status for teachers must be approved by the Board and so is not merely a function of continuous employment, probationary teachers will be reinstated at the actual year of service as when he/she began military leave.

5. Time Limits for Returning to Work

In order to qualify for reinstatement, employees must return to work within the following time limits, which depend upon the duration of military orders:

• 1-30 days service: The employee must report at the beginning of the first regularly scheduled work day or eight hours after the end of military duty, plus reasonable travel time from military duty station to home.

• 31-180 days: The employee must apply for reinstatement no later than 14 days after completion of military duty.

• 181 days or longer: The employee must apply for reinstatement not later than 90 days after completion of military duty.

6. Protection from Discharge

An employee who has been reinstated after a period of military service of 30-180 days may not be discharged without cause for six months after the date of re-employment.

An employee who has been reinstated after a period of military service of 181 days or more may not be discharged without cause for one year after the date of re-employment.

Hiring of Substitutes

In order to provide for efficient administration of the schools, a substitute employee may be hired to perform the duties of the employee who is away on military leave until such time as the employee returns to work. A person employed in such substitute capacity shall be informed of the temporary nature of the position and the rights of the employee on military leave upon his/her return.

Legal references: 38 U.S.A. § 4301-4333 (Uniformed Services employment and Re-employment Rights Act (“USERRA”)
20-A M.R.S.A. § 13603
26 M.R.S.A. § 811, 812

Adopted: October 4, 1939
Revised: December 8, 1975
Revised: October 13, 1980
Revised: March 2003
Revised: April 14, 2003

GCDA - PROFESSIONAL STAFF CERTIFICATION

Each teacher must hold a State Teacher Certificate to receive pay legally and to prevent state subsidy penalties to the city.

It is essential that each teacher’s Central Office record have up-to-date certification information, including type of certification held, special endorsements, date of issuance, and date of expiration. Teachers new to the system should bring their certificates to the Superintendent’s Office so a copy can be made and placed on file. Also, other teachers in the system who received renewal of certificates since the previous school year should submit them to the Central Office for copying.

Any teacher without certification on the opening day of school will be in breach of contract and will not be paid for any time served without proper certification. If the teacher has applied for re-certification and level of certification is the result of the Department of Certification not completing the application, the teacher will continue to receive his/her salary.

Legal Ref: Title 20-A MRSA Section 13003

Adopted: Date of manual adoption
Revised: May, 2001
Revised: July 9, 2001

GCEA - ARRANGEMENTS FOR PROFESSIONAL STAFF SUBSTITUTES

File: GCEA

 ARRANGEMENTS  FOR  PROFESSIONAL  STAFF  SUBSTITUTES

The Superintendent of Schools is authorized to employ substitute teachers. A list of prospective substitutes will be compiled annually under the direction of the Assistant Superintendent and with approval of the Superintendent.

Substitute services in the event of illness, professional or personal days, shall be requested as follows:

1.   In case of illness or an unanticipated absence, teachers shall enter their absence into the district’s absence management system as soon as possible to allow for a substitute to be assigned.

2.   When a teacher has had a professional or personal day approved by the Superintendent, a substitute shall be requested in advance using the district’s absence management system.

3.   Special teachers and/or itinerant teachers shall record their absence in the district’s absence management system, based on the building in which they are working on the day of the absence. Substitutes will be hired for non-classroom specialists (speech/language therapists, social workers, etc.) when the absence is expected to be long term.

4.   Other professional staff members such as principals, shall notify the Superintendent's office.

Legal Ref:  TITLE 20-A MRSA § 13402

Adopted:         Prior to 1985

Revised:          June 12, 1989

Revised:          June, 2001

Revised:          July 9, 2001

Revised:          November 8, 2021

GCEA-R SUBSTITUTE TEACHERS

SUBSTITUTE  TEACHERS

Minimum qualifications:

A.        Previous experience working with children and a high school diploma or equivalent; or two (2) or more years of college.

B.        Unless approved by the Superintendent, all long-term substitutes must be four-year college graduates, as well as certified in the subject area.

C.        The responsibilities of a substitute teacher are outlined in the district Substitute Teacher Handbook.

Legal Reference: TITLE 20A MRSA SEC. 13402

Adopted:         Prior to 1985

Revised:          June 12, 1989

Revised:          July 9, 2001

Revised:          October 15, 2003

Revised:          February 9, 2015

Revised:          November 8, 2021

GCEABA - PLAN BOOKS

Plan books are to be kept systematically, at least three days in advance. All pages must be dated. Plan books are the property of the School Department and should be kept in a top drawer of the teacher’s desk. If they are taken home, teachers should leave supplementary written directions or arrange for the book’s return in the event of absence.

Daily plans should include those aspects of the daily assignments as would be measured through the evaluation process. These include state objectives, measurable outcomes, and materials needed.

Cross Ref: GCN, Evaluation of Professional Staff

Adopted: May, 2001
Revised: July 9, 2001

GCEB - PLANS FOR PROFESSIONAL STAFF SUBSTITUTES

Daily programs for elementary grades K-5 and class schedules at the Middle and High Schools together with other necessary schedules and notes should be placed on the front of teacher plan books, for the benefit of substitutes. When requesting a substitute, teachers should call attention to any special duties assigned for the day so that the substitute can know what to plan. Unless notified differently when called, the substitute is expected to serve the full day.

Unless arrangements have been made for an extended absence, all absent teachers are required to notify the principal each day before 2:45 p.m. stating whether or not they will return the next day.

Substitute teachers are expected to do the regular work of the teacher and to leave the room in order for the next session.

Reference: GCEA-R Substitute Teachers

Adopted: July 9, 2001

GCF - RECRUITMENT, NOMINATION AND APPOINTMENT OF STAFF

A. The Board shall attempt to attract, secure and hold the highest qualified personnel for all positions. The selection program shall be based upon an alertness to candidates who will devote themselves to the education and welfare of the children attending the public schools.

B. It is the responsibility of the Superintendent and his/her designees to determine the personnel needs of the school system and to locate candidates to nominate for employment by the Board. Through effective administrative procedures the Superintendent shall attract and nominate personnel who are motivated to do their best work and to be creative from their own inner resources.

C. It shall be the duty of the Superintendent to see that persons nominated for employment in the schools shall meet all certification requirements, health requirements, and requirements of the Board for the type of position for which the nomination is made.

D. The following guidelines shall be used in the selection of personnel:

1. The schools shall ensure equal employment opportunity/educational opportunities, affirmative action, regardless of race, sex, color, national origin, religion, marital status, age or disability.

2. The quality of instruction is enhanced by a staff with a wide variation in background, educational preparation, and previous experience. Concerted efforts shall be exerted to maintain a variation in the staff.

3. The administrator(s) who is/are directly responsible for the work of a staff member(s) will participate at all levels of the screening, interviewing, selection process; however, the final selection shall be made or approved by the Superintendent.

4. No candidates shall be hired without a personal interview, and wherever practical, the candidate shall be observed in his/her own school prior to selection. References shall be checked.

5. All candidates shall be considered on the basis of their merits, qualifications, and the needs of the school system. In each instance, the Superintendent and others playing a role in the selection shall seek to hire the best qualified person for the job.

6. While the Board may accept or reject a nomination, an appointment shall be valid only when nominated by the Superintendent.

E. The Superintendent of Schools has the right to consider related outside experience of new employees for initial placement on the salary scale.

Legal Reference: TITLE 2O-A MRSA SEC. 13201 et seq.
Revised: October 13, 1980
Revised: April 13, 1981
Revised: July 9, 2001

GCF-R - RECRUITING, NOMINATION AND HIRING OF STAFF ADMINISTRATIVE PROCEDURE

These procedures implement School Board policy GCF and are designed to establish a thorough, efficient and nondiscriminatory practice for the recruiting and hiring of the most qualified candidates for positions in the South Portland School Department.

Job Opening
a. A vacancy is created by a resignation or creation of a new position.
b. Recall list is reviewed if appropriate. Superintendent confirms that the position is open and approves posting the position.
c. A job description is written or revised by the administrator or appropriate staff member and will include goals and job expectations.
d. Job description is reviewed by Superintendent for final approval.

Notification
a. Notice of vacancy forwarded to the appropriate Association.
b. Notice of vacancy is posted in the individual schools and in Central Office.
c. Notice of vacancy is forwarded to newspapers, placement bureaus, and the Maine Department of Education when appropriate.

Application Requests
a. Applications may be requested by a candidate by letter, telephone, e-mail, etc.
b. An application will be mailed to the applicant, or available at Central Office.
c. The applicant may be referred to district website.

Receipt of Application
a. A completed application must be on the prescribed form and all credentials must be attached.
b. Complete applications will be separated by job description and a copy made if the person requests to be considered for more than one job opening.
c. The applicant will be logged into database per job applied for.
d. No candidate with an incomplete application will be interviewed.

Administrative Review
a. All applications will be screened by the Superintendent and/or Assistant Superintendent.
b. The administrator and his/her designee will review applications of potential candidates. If a former employee has submitted an application, the previous administrator will be contacted.
c. Candidates not to be considered will be notified by Central Office.
d. As part of the screening and/or interview process, the application will be dated, initialed, and rated by all who participate in the screening and interviewing process.
e. A copy of any job notification sent to the applicant is to be placed in applicant’s file.

Screening
a. The Superintendent or his/her designee will establish a job-related screening committee. The criteria for screening the application include:
1. Professional preparation
2. Experience
3. Competency
4. Added value to the position
5. Certification and Fingerprinting
b. Once the candidates are selected, an interview place and schedule will be determined by the administrator.
c. Candidates will be notified by telephone and given a time and place for the interview. The candidate will also be told at that time what materials s/he is expected to bring (i.e. portfolio, writing samples)

Interview
a. The interview team will meet prior to the first interview to review procedures and questions and to agree on candidate qualities. The criteria for assessing candidate qualities include:
1. Use of English, written and oral
2. Experience
3. Competency
4. Understanding of Standards Based System
5. Knowledge in Content Areas
6. Classroom management
7. Professionalism
8. Added value to the position
b. Confidentiality requirements will be reviewed and each member of the panel will submit the confidentiality form to the chair.
c. The same questions will be asked of all interviewees with clarifying questions being the only deviation from the process.
d. Rating sheets will be completed by each member of the interview team at the end of each interview and submitted to the chair.
e. Discussion of candidates and decision making should be left until the end of all the interviews.

Nominating the Candidate
a. The administrator will nominate a candidate to the Superintendent.
b. The cost center manager will complete an Employment Checklist (including reference checks) to submit to the Superintendent.
c. The checklist will accompany a copy of the job description and the candidates application packet.
d. All teaching candidates will be interviewed by the Superintendent.
e. Salary scale is determined and an offer is made.
f. Should the Superintendent fail to nominate the candidate recommended, additional recommendations will be made until a successful candidate is selected.
g. If a candidate is not found in the original process, the principal may seek further advertising of the position.

Appointment of Positions Needing Board Approval
a. After the position is offered and accepted, a “New Personnel” form and personnel file will be completed and submitted to payroll by the Superintendent’s Secretary.
b. The Superintendent will inform the Board of the nomination at least 3 days prior to the meeting at which the Board action is requested, where feasible.
c. The Superintendent shall present a written nomination to the Board which will include a summary of the candidate’s qualifications, experience, training and a statement supporting the selection.
d. Should the Board fail to elect a candidate, further nominations will be submitted until a successful candidate is elected.
e. Once the candidate is nominated, elected and hired, the Business Office will prepare a contract and submit to the successful candidate.
f. The administrator shall inform all candidates interviewed of the decision of the panel.
g. Letters for district-wide and building level positions will be sent by the Office of the Superintendent of Schools.

Appointment of Positions Not Needing Board Approval
a. The Superintendent will return the Employment Checklist to the Cost Center Administrator.
b. The Cost Center Administrator will offer the position to the candidate.
c. Should the candidate accept, a “New Personnel” form is completed and submitted to Payroll.
d. A contract is issued by the Business Office.
e. The Superintendent’s Secretary will prepare a personnel file.
f. The Cost Center Manager shall inform all candidates interviewed of the decision of the panel.

Adopted: July 9, 2001
Revised: April 10, 2005

File: GCFB  

RECRUITING AND HIRING OF ADMINISTRATIVE STAFF 

In response to An Act to Promote Equity of Opportunity for Women in Administrative Positions in the Public School System (PL 1990, Chap. 889), the Board affirms its commitment to the strict prohibition of discrimination in employment on the basis actual or perceived race, color, sex, sexual orientation, gender identity, religion, ancestry or national origin, age, familial status, disability, or genetic information and to the principle of affirmative action to obtain wide and representative candidate pools.

For the purpose of this policy, “race” includes traits associated with race, including but not limited to, hair texture, Afro hairstyles, and protective hairstyles, including braids, twists, and locs.

In accordance with 20-A MRSA, § 1001.13, the Superintendent shall prepare a procedure designed to ensure nondiscriminatory practice in recruitment and hiring for all positions requiring administrator certification, as well as to result in selection of the most qualified candidates. This procedure shall be attached hereto as GCFB-R, and shall be reviewed periodically.  

Moreover, upon each occasion of administrative vacancy, the Superintendent shall review the procedure and make appropriate adaptations as may be warranted by special circumstances. In the case of a vacancy in the Superintendency, the Board shall review the procedure, adapting as appropriate.  

In accordance with 20-A MRSA, § 4502.4-A, the unit’s Affirmative Action Plan shall include: a description of the status of the unit’s nondiscriminatory administrator hiring practice; plans for in-service training programs on gender equity for teachers,  administrators and the School Board; and the relationship of the above to the State’s five-year goal for the employment of women in administrative positions.  

Legal Reference: 5 MRSA § 4576  

 20-A MRSA §§ 6, 254.8-10, 256.1, 7, 1001.13, 4502.4A, 13011.6,  13019-A.1D, 13019-B.1C  

Cross Reference: AC - Nondiscrimination/Equal Opportunity and Affirmative  Action  

 GBJC - Retention of Application Materials  

 GCFB-R - Recruiting and Hiring of Administrative Staff  Administrative Procedure  

Adopted: July 9, 2001  

Revised: April 6, 2005 (Code Change)

Revised:  December 12, 2022

GCFB-R - RECRUITING AND HIRING OF ADMINISTRATIVE STAFF ADMINISTRATIVE PROCEDURE

These procedures implement School Board policy GCFB and are designed to establish a thorough, efficient and nondiscriminatory practice for the recruiting and hiring of the most qualified candidates for administrative positions.

Job Description Development/Review

To ensure that a written role description of the vacant position accurately represents the current functions and needs, the Superintendent/designee (the Board in a Superintendent search) is to:

1. Conduct a review of (if none exists, develop) the job description, with input from persons affected by the position;

2. Include the criteria (skills, knowledge, abilities) required to perform the duties/responsibilities of the position; and

3. List the minimum qualifications (training, education and experience) for the position.

Recruitment

To attract a strong pool of qualified candidates, the Superintendent/designee is to advertise (except in the circumstances described in K below) by:

1. Posting notice of the vacancy within the unit;

2. Placing a display advertisement in appropriate print media, considering at least one appearance in a major Maine weekend or Sunday newspaper; and

3. Identifying and notifying other possible sources of potential candidates, such as professional associations, educational administration programs and placement offices at colleges and universities in Maine and other states, and the Maine Department of Education.

Screening

To ensure that a fair and efficient screening process will occur, the Superintendent/designee is to:

1. Ensure that all applications are reviewed by more than one individual, with attention given to an unbiased regard for the criteria and qualifications in the job description;

2. Appoint a screening panel with representation as deemed appropriate to the particular vacancy;

3. Provide orientation on confidentiality and equity issues to screeners;

4. Eliminate all candidates who do not meet the minimum qualifications;

5. Conduct preliminary reference checks, as appropriate;

6. Select candidates for interview based on the degree to which they meet the criteria and demonstrate the skills, knowledge and abilities outlined in the job description; and

7. Notify applicants not selected for interview.

Interviewing

To ensure that the interview process will be conducted in a legal and proper manner, the Superintendent/designee is to:

1. Appoint an interview panel (may be the same persons who serve the screening function) with representation as deemed appropriate to the particular vacancy;

2. Provide orientation on the process including the function and extent of responsibility of the panel, the weighting of criteria and the nomination/hiring procedure; and

3. Conduct training to ensure that panel members are aware of the legal aspects of interviewing, including confidentiality and equity issues.

The interviewing panel is to:

1. Design interview questions which match the criteria and the duties/responsibilities outlined in the job description; and

2. Provide equal opportunity for the candidates to respond to the same questions/questioners.

Selection

The interview panel is to:

1. Individually assess the candidates according to their answers to the job description-related questions, rating and commenting on each using a specially prepared form corresponding to the questions/criteria; and

2. Submit a report to the Superintendent, including the individual rating forms as well as a list (usually 2 to 4) of candidates to be considered further for the position.

The Superintendent/designee is to:

1. Have reference contacts made, as appropriate, to check perceived strengths and weaknesses of the candidates;

2. Review the material on the finalist candidates to determine whether additional information is needed;

3. Conduct final interviews of any or all finalists, as deemed necessary;

4. Select the most qualified candidate who fits the criteria and the duties/responsibilities outlined in the job description, based on his/her own professional judgment along with those of the interview panel (or, reject all finalists, reopen the position and begin the process anew); and

5. Have any further reference checks made, as appropriate.

Nomination/Employment

The Superintendent is to:

1. Notify and obtain agreement of the successful candidate, pending Board approval;

2. Inform the interview panel; and

3. Nominate and employ the successful candidate in accordance with state law and local policies.

Notification

The Superintendent/designee may:

1. Notify the nominee of the Board approval and employ the administrator; and

2. Notify the other candidates interviewed.

Orientation and Support

To ensure that the new administrator is provided with the proper information about the system and job expectations, the Superintendent/designee is to provide an orientation that includes expectations of the duties/responsibilities of the position along with the policies and procedures of the local school unit.

Record Keeping

To ensure that the confidentiality of employee and applicant records are properly maintained, the Superintendent is to provide for the maintenance in secure files of all applications and documentation of the hiring, screening and interviewing process for a period of three (3) years.

Confidentiality

To ensure that confidentiality is maintained throughout and permanently following the hiring process, the Board, all employees involved, and any other participants are to maintain absolute confidentiality about candidates, including names, in accordance with state law (20-A MRSA § 6101). The Board is to assume responsibility through the Superintendent for providing adequate orientation at appropriate stages of the process, including at the completion.

Hiring of Current Employees

The school unit may forego one or more of the steps set forth in sections B-E of this procedure and appoint a person who is currently employed by the unit to fill an administrative position only if the Superintendent, after consultation with the School Board, or the Board in a Superintendent search, determines that the following circumstances exist:

1. The currently employed candidate is exceptionally well qualified for the position; and

2. The decision to forego all or part of the recruitment and screening process will not detract from the goals of this policy.

Adopted: July 9, 2001
Revised: April 6, 2005 (Code Change)

Based largely on “Model Administrative Hiring Procedure,” published by the Commissioner of Education in the Final Report of the Equity Committee, April 22, 1991.

GCK - PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS

The basic consideration in the assignment of professional personnel will be the needs of students and the instructional program.

Therefore, the policy of the Board is that personnel be assigned on the basis of their qualifications, the needs of the school system, and their expressed desires. When it is not possible to meet all of these conditions, an employee will be assigned first in accordance with school system needs-where administration feels the employee is most qualified to serve, and second, regarding the employee.

It is the responsibility of the Superintendent to assure that all schools are well staffed with effective teachers.

Within an individual school, a building administrator will have the right to assign classes and courses, provided this is done with full regard to the teacher’s area of certification and Board policies. He/She will also recommend to the Superintendent assignments to extra-pay positions in his/her school.

A transfer, reassignment, or special assignment may be requested by an employee, and will be given due consideration in accordance with the provisions of this policy.

Adopted: July 9, 2001

GCKA - PROFESSIONAL STAFF EXTRA DUTIES

All teachers are to assume their share of responsibilities, such as noon supervision, playground supervision, and other duties assigned by the principal. Principals will attempt to equalize these duties.

Teachers are expected to attend all general meetings called by the principal or Superintendent unless excused.

It is expected that, for the best interest of the children and the school, the teachers will attend meetings of parents and teachers and other school activities.

The cooperation of all personnel, in striving to meet the needs of each of our students and in caring for school property, it is sincerely appreciated.

Adopted: Date of Manual Adoption

GCKB - PROFESSIONAL STAFF MEETINGS

Teachers are expected to attend all meetings called by the Superintendent of Schools, directors or building principals, unless otherwise stated.

Building faculty meetings shall be held throughout the year to discuss matters of general school interest, special instructions from the Superintendent’s office, or any matter that may concern the welfare of that particular school.

Adopted: Prior to 1985

GCL - PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES

The Board recognizes the importance of developing, maintaining, and extending the skills of staff members, and encourages employees to engage in programs and activities that will lead to their professional growth and increased competence.

The Superintendent is authorized to initiate programs and activities which are designed to serve the following purposes:

A. To provide a structure through which staff members can stay abreast of new developments in their areas of specialty;

B. To familiarize staff members with new research and innovative teaching methods;

C. To assist staff members in the process of change and school improvement; and

D. To facilitate the development, implementation, and evaluation of new programs.

Within budgetary limitations, visitations and attendance at conferences may be approved by the Superintendent in accordance with Board policy.

Adopted: June 2, 1968
Revised: December 8, 1975
Revised: July 9, 2001
Revised: March 12, 2007

GCL-R - CRITERIA FOR ON-LINE COURSEWORK FOR PROFESSIONAL DEVELOPMENT

The following criteria will be used for approving on-line coursework:

1. The course is offered through a fully accredited college or university.
2. The content of the on-line course matches individual, school and district goals.
3. The on-line environment provides structured mechanisms, such as study groups or discussion boards, that allow teachers to have meaningful interactions with classmates about what they are learning.
4. The college or university clearly delineates standards for:
a. Attendance;
b. Participation;
c. Writing and responding to classmates;
d. Assignments;
e. Assessments;
f. Interactions between instructor and student, i.e., regular and consistent feedback to student;
g. Class duration is explicit and reasonable; and
h. Tech support for students is readily available.

The teacher requesting the course approval may be asked to provide the administrator with the above information to ensure the quality of professional learning.

Reimbursement for successful completion of coursework is in accordance with the contractual agreement.

Adopted: March 12, 2007

GCM - SUPERVISION OF PROFESSIONAL STAFF

Central Office administrators, principals and assistant principals shall be committed to the task of supervision to the end that instructional staff members may develop their teaching abilities to optimum degree.

The South Portland Board of Education recognizes that the prime purpose of supervision shall be to help the teacher analyze and improve teaching, to provide teachers with ready support and help on teaching problems, and to assure that sufficient assistance has been provided in overcoming teaching problems.

Supervising principals are charged with the direct supervision of the teachers in their schools, and shall provide assistance and educational leadership to their staff.

Legal Reference: TITLE 20A MSRA SEC. 1

Adopted: July 9, 2001

SUPERVISION AND EVALUATION OF PROFESSIONAL STAFF

A well-planned and systematic program of supervision and evaluation of performance tied to educational outcomes is vital to the ongoing improvement of the instructional program. It is the Board’s responsibility to ensure that sufficient administrative time and energy are expended to supervise (observe and assist) and evaluate (measure and assess) teachers. The evaluation program shall address all aspects of teaching performance and recognize that the fulfillment of student needs is of primary importance.

The Superintendent shall be responsible for overseeing the development, implementation and periodic review of a comprehensive program of supervision and evaluation, which shall be adopted by the Board. The program shall provide minimum standards for the number and frequency of formal performance reviews, with the understanding that probationary teachers require closer support and more frequent performance reviews. Probationary teachers shall in any event be evaluated at least once in each year of their probationary employment.

A. Criteria used for evaluation shall be in written form and made permanently available to the teacher;

B. Evaluations shall be made by an immediate supervisor/administrator, or by other person(s) designated by the Superintendent;

C. Results of the evaluations shall be put in writing and shall be discussed with the teacher;

D. The teacher being evaluated shall have the right to attach a memorandum to the written evaluation; and

E. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent’s office.

In accordance with Maine’s Educator Effectiveness law (20-A MRSA § 13701-13706), South Portland has developed, piloted, and implemented a performance evaluation and growth system, consistent with the requirements of applicable Department of Education rules.

The performance evaluation and growth system has been approved by the Board.

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GCOA

In keeping with the Board’s goal of employing the best qualified staff to provide quality education for all students, all teachers are expected to participate fully in the evaluation process, self-appraisal and continuous improvement of professional skills.

While supervision and evaluation policies and procedures are not negotiable in collective bargaining, the Superintendent is to seek appropriate involvement of staff in the development and periodic review of the supervision and evaluation program.

Legal Reference: 20-A MRSA §§ 1055, 13201; 13701-13706, 13802

Me. Dept. of Ed. Rule Ch. 125 §§ 4.02(E) (3), 8.08

Adopted: February 12, 2018

EVALUATION OF ADMINISTRATIVE STAFF

The Board believes that a well-planned evaluation system for administrators is vital to ongoing improvement of the instructional program and student achievement. To that end, the evaluation system will be based on standards of professional practice. The system will provide feedback on multiple measures of educator effectiveness including student growth and achievement data.

The system will provide a process for using evaluation system data to inform individual professional growth and improvement plans. The system will provide data to inform district and school professional development plans. The Superintendent shall be responsible for the development, implementation and periodic review of a performance evaluation and professional growth system for all administrators.

The Superintendent shall make a recommendation to the Board regarding administrator employment and/or salary status.

Formal evaluations shall be made at least once a year. They shall be conducted according to the following guidelines:

A. Evaluative criteria for each position shall be in written form and made permanently available to the administrator;

B. Evaluations shall be made by the Superintendent or immediate supervisor;

C. Results of the evaluations shall be put in writing and shall be discussed with the administrator;

D. The administrator being evaluated will have the right to attach a memorandum to the written evaluation; and

E. Results of all evaluations shall be kept in confidential personnel files maintained at the Superintendent’s office.

In accordance with Maine’s Educator Effectiveness law (20-A MRSA § 13701-13706), South Portland has developed, piloted, and implemented a performance evaluation and growth system, consistent with the requirements of applicable Department of Education rules.

The performance evaluation and growth system has been approved by the Board.

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In keeping with the Board’s goal of employing the best qualified staff to provide quality education for all students, all administrators are expected to participate fully in the evaluation process, self-appraisal and continuous improvement of professional skills.

While supervision and evaluation policies and procedures are not negotiable in collective bargaining, the Superintendent is to seek appropriate involvement of staff in the development and periodic review of the supervision and evaluation program.

Legal Reference: 20-A MRSA §§ 1055, 13201; 13701-13706, 13802

Me. Dept. of Ed. Rule Ch. 125 §§ 4.02(E) (3), 8.08

Adopted: July 9, 2001

Revised: March 13, 2017

GCPB - RESIGNATION OF PROFESSIONAL STAFF

Refer to the agreement between the Board of Education of the City of South Portland and the South Portland Teacher’s Association.

The Superintendent of Schools is authorized to accept resignations on behalf of the Board, the Superintendent is to report on such resignations at the next meeting of the Board.

Legal Reference:
Adopted: January 4, 1967
Revised: April 13, 1981

GCPC - RETIREMENT OF PROFESSIONAL STAFF

A signed letter of intent, from teachers planning to retire in June, must be filed prior to the preceding November 1st. This is necessary in order that allotments for the same be included in the budget.

For more information, see the Agreement between the Board of Education and the South Portland Teachers Association.

GCQA - NON-SCHOOL EMPLOYMENT BY PROFESSIONAL STAFF MEMBERS

No teacher shall assume any non-school obligation which interferes with the performance of his or her school duties including conferences, in-service workshops, extracurricular activities, grade level meetings, or other assigned functions extending beyond class hours.

Adopted: May 12, 1969
Revised: April 11, 1983

GCQC - EXCHANGE TEACHING

Teachers may be granted a one year leave of absence to serve as an exchange teacher through an approved teacher exchange program under the following conditions:

1. That a suitable exchange can be arranged to the satisfaction of all parties involved.

2. That the school department be obligated to pay the salary of only one teaching member involved in the exchange.

3. That each leave of absence for the purpose of exchange teaching be granted on the recommendation of the Superintendent of Schools and the approval of the Board of Education.

4. Teachers granted exchange teacher status for shall agree to return to their original positions for a minimum of one school year at the conclusion of the year of exchange teaching.

The salary increment shall be allowed for exchange teachers so that the individuals involved maintain their proper position on the salary scale.

The above regulations also apply to other professional personnel who may apply for exchange positions.

Adopted: Prior to 1985

GCSA - EMPLOYEE COMPUTER AND INTERNET USE

As used herein, the terms “computer[s]” or “device[s]” refer to any desktop, laptop, server, chromebook, tablet or other mobile computing device, including cellular phones and wearables, owned or issued by the South Portland School Department to any student, or any privately owned devices used in school or used to access school department networks, Internet or services.

South Portland School Department’s computers, network and Internet access are provided to support the educational mission of the schools. This policy and the accompanying rules also apply to computers issued directly to staff, whether in use at school or off school premises. Employees are allowed to use privately-owned computer and/or devices at school, provided that they comply with this policy and the accompanying rules.

All South Portland School Department computers remain under the control, custody, and supervision of the department. It is the responsibility of employees to limit use of department computers, networks and Internet services to those tasks that support and/or enhance the course of instruction and effective management of the department. Given the insecure nature of electronic communications, all employees are reminded and encouraged to exercise appropriate caution and discretion concerning matters of a confidential nature.

Use of department computers, networks, Internet and services for non-school purposes is permitted so long as such use does not interfere with any employee’s job duties and/or performance. Such non-school use must be consistent with standards of appropriate employee conduct. Employee use of department computers, networks, Internet and services for non-school purposes shall comply with all applicable laws and South Portland School Department policies, regulations, procedures, and standards. The department reserves the right to monitor all computer, network, and Internet activity by employees using department devices, networks, Internet or services, whether such activity has taken place on or off school grounds. Therefore, employees are reminded that there is no expectation of privacy in their use of school computers, networks, and/or Internet services.

Compliance with the South Portland School Department’s policies and rules concerning Computers and Computer Services use are mandatory. An employee who violates these policies and rules may be subject to disciplinary action, up to and including termination. Violations of the school department’s policies and rules may also result in referral to law enforcement and/or legal action.

Each employee is entitled to access and utilize the South Portland School Department computers, networks, and Internet services only with prior authorization. Authorization is granted when employees have read and understand this policy and the Regulations for Employee Computer and Internet Use prior to use of the South Portland School Department computer, network, and Internet services.

The Superintendent shall be responsible for the administration of compliance with this policy in a manner consistent with applicable employment policies and negotiated agreements. Any employee who violates this policy and/or its regulations governing the use of the department’s computers will be subject to appropriate disciplinary action and possible referral to law enforcement authorities. The administration may also develop additional administrative regulations and/or procedures governing the day-to-day management and operations of the department’s computer system.

Cross Reference:
EGAA-R – Reproduction of Copyrighted Material - Guidelines
GCSA - Employee Computer and Internet Use
IJNDB - Student Technology and Internet and Cybersafety Use
IJNDB-R - Student Technology and Internet Use and Cybersafety Rules

Approved: 1/9/17

GCSA-R - EMPLOYEE COMPUTER AND INTERNET USE RULES

The intent of these Board-level rules is to provide employees with general requirements for utilizing the school department’s computers, networks, and Internet services. The Board rules may be supplemented by more specific administrative procedures and rules governing day-to-day management and operation of the computer system.

As used herein, the terms “computer[s]” or “device[s]” refer to any desktop, laptop, server, chromebook, tablet or other mobile computing device, including cellular phones and wearables, owned or issued by the South Portland School Department to any student, or any privately owned devices used in school or used to access school department networks, Internet or services. Each employee is responsible for his/her actions and activities involving school department computers, network, and Internet services, and for his/her computer files, passwords, and accounts. These rules provide general guidelines and examples of prohibited uses for illustrative purposes but do not attempt to state all required or prohibited activities by the user, including general guidelines for managing electronic documents in compliance with a variety of laws. Employees who have questions regarding whether a particular activity or use is acceptable should seek further guidance from the director of technology. Failure to comply with Board policy GCSA, these rules and/or other established procedures or rules governing computer use may result in disciplinary action, up to and including dismissal. Violations of the school department’s policies and rules may also result in referral to law enforcement and/or legal action.

Access to School Computers, Networks and Internet Services

The level of access that employees have to school department computers, networks and Internet services is based upon specific employee job requirements and needs.

Unauthorized access to secure areas of the school department’s computers and networks is strictly prohibited.

No Expectation of Privacy

The school department retains control, custody, and supervision of all computers, electronic devices, networks and Internet services owned or leased by the school department. The school department reserves the right to monitor all computer and Internet activity by employees and other system users. Employees have no expectation of privacy in their use of school computers, including e-mail messages and stored files.

Acceptable Use

Employee access to the school department’s computers, networks and Internet services is provided for administrative, educational, communication and research purposes consistent with the school department’s educational mission, curriculum, and instructional goals. General rules and expectations for professional behavior and communication apply to use of the school department’s computers, networks, and Internet services.

Employees are to utilize the school department’s computers, networks and Internet services for school-related purposes and performance of job duties. Incidental personal use of school computers is permitted as long as such use does not interfere with the employee’s job duties and performance, with system operations or other system users. “Incidental personal use” is defined as use by an individual employee for occasional personal communications. Employees are reminded that such personal use must comply with this policy and all other applicable policies, procedures, and rules.

Prohibited Use

General examples of unacceptable uses that are expressly prohibited include but are not limited to the following:

1. Any use that is illegal or in violation of other Board policies, including harassing, discriminatory or threatening communications and behavior, violations of copyright laws, etc.;

2. Any use involving materials that are obscene, pornographic, sexually explicit or sexually suggestive, harmful to minors, or intended to appeal to prurient interest;

3. Any inappropriate communications with students or minors;

4. Any use for private financial gain, or commercial, advertising or solicitation purposes;

5. Any use as a forum for communicating by e-mail or any other medium with other school users or outside parties to solicit, proselytize, advocate or communicate the views of an individual or non-school-sponsored organization; to solicit membership in or support of any non-school-sponsored organization; or to raise funds for any non-school-sponsored purpose, whether for-profit or not-for-profit. No employee shall knowingly provide school e-mail addresses to outside parties whose intent is to communicate with school employees, students and/or their families for non-school purposes. Employees who are uncertain as to whether particular activities are acceptable should seek further guidance from a building administrator.

6. Any communication that represents personal views as those of the school department or that could be misinterpreted as such;

7. Sending mass e-mails to school users or outside parties for school or non-school purposes without the permission of the Director of Technology or Superintendent;

8. Any malicious use or disruption of the school department’s computers, networks, and Internet services or breach of security features;

9. Any misuse or damage to the school department’s computer devices;

10. Misuse of the computer passwords or accounts (employee or other users);

11. Any communications that are in violation of generally accepted rules of network etiquette and/or professional conduct;

12. Any attempt to access unauthorized sites;

13. Failing to report a known breach of computer security to the system administrator;

14. Using school computers, networks, and Internet services after such access has been denied or revoked; and

15. Any attempt to delete, erase, or otherwise conceal any information stored on a school computer that violates these rules.

Staff Responsibilities to Students

Teachers, staff members, and volunteers who utilize school computers for instructional purposes with students have a duty of care to supervise such use. Teachers, staff members, and volunteers are expected to be familiar with the school department’s policies and rules concerning student computer and Internet use and to enforce them. When, in the course of their duties, employees/volunteers become aware of student violations, they are expected to stop the activity and inform the building principal.

Compensation for Losses, Costs and/or Damages

An employee is responsible for compensating the school department for any losses, costs or damages incurred by the school department for violations of Board policies and school rules while the employee is using school department computers, including the cost of investigating such violations. The school department assumes no responsibility for any unauthorized charges or costs incurred by an employee while using school department computers.

Management of Electronically Stored Information (ESI)

ESI, including e-mail, can constitute student educational records if, for example, they include communications to and from parents that contain information that would be subject to disclosure under FERPA regulations.

E-mail communications containing personally identifiable information on students will usually be subject to disclosure as a result of a parent request under FERPA. E-mails of this nature may be printed and retained in the student's permanent record.

Communications made using the electronic student information system shall be archived regularly. Communications generated in this student information system to or from parents concerning individual students will be retained permanently.

All ESI concerning School Board business may be subject to disclosure as a result of a Freedom of Access Act (FOAA) request.

Individual staff members and School Board members are responsible for the management of ESI they generate. Individuals shall retain any ESI, including e-mail correspondences (both incoming and outgoing), for each of the following:

(1) all situations currently under litigation or potentially that may go to litigation

(2) any ESI containing personally identifiable information on students, which may reasonably be considered part of a permanent student record

(3) any ESI containing information relating to official School Board business, other than routine notifications and generic information

Additional Rules for Use of Privately-Owned Computers by Employee

1. The employee is responsible for proper care of his/her privately-owned computer (including electronic devices), including any costs of repair, replacement, or any modifications needed to use the device at school.

2. The school department is not responsible for damage, loss, or theft of any privately-owned computer or electronic device.

3. Employees are required to comply with all Board policies/procedures and school rules while using privately-owned computers or electronic devices at school.

4. Employees have no expectation of privacy in their use of privately-owned devices while it is being used at school, or when accessing school networks or services. The contents of the computer may be searched in accordance with applicable laws and policies.

Employee Acknowledgment Required

Each employee authorized to access the school department’s computers, networks, and Internet services acknowledges that they have read and understood policy GCSA and these rules.

Cross Reference:
EGAA-R – Reproduction of Copyrighted Material - Guidelines
GCSA - Employee Computer and Internet Use
IJNDB - Student Technology and Internet and Cybersafety Use
IJNDB-R - Student Technology and Internet Use and Cybersafety Rules

Revised: 1/9/17

GDA - SUPPORT STAFF POSITIONS

The school system shall employ non-professional personnel in positions which function to support the educational program of the schools. All such support staff positions in the school system shall be established initially by the Board. In each case, the Board will approve a job description as presented by the Superintendent.

Non-professional employees shall work in the following general areas:

A. Secretarial and clerical staff

B. Educational Technicians (Instructional) (defined as those who devote at least 50 percent of their work time to assisting one or more professionals with instruction);

C. Educational Technicians (Non-instructional) (defined as those who devote at least 50 percent of their work time to activities other than assisting with instruction);

D. Custodial staff;

E. Maintenance staff;

F. Pupil transportation staff; and

G. Food services staff.

Although positions may remain temporarily unfilled, or the number of persons holding the same type of position reduced in event of destaffing requirements, only the Board may abolish a position that it has created.

Adopted: June, 2001
Revised: July 9, 2001

GDB - SUPPORT STAFF CONTRACTS

Non-professional personnel are generally classified into three major categories. Each category has its own negotiated contract.

1. Clerks, Library Aides and Technicians

2. Maintenance, Custodians and Matrons

3. Food Service Workers

Revised: October 13, 1980

GDD - SUPPORT STAFF HIRING

It is the policy of the Board that when any non-instructional position is created or becomes vacant, every effort is made to fill that position with the best qualified candidate.

The Superintendent is hereby designated as the agent of the Board to develop such procedures as are necessary under the law to carry out this policy, and to employ, appoint, assign, promote, transfer and terminate non-instructional staff in accordance with this and other applicable policies of the Board.

Cross Reference: AC-Nondiscrimination
Cross Reference: GCCA-R Recruiting and Hiring Procedures

Adopted: June 2001
Revised: July 9, 2001

GDI - SUPPORT STAFF ASSIGNMENTS AND TRANSFERS

The business administrator, in consultation with the Superintendent and/or building administrators, shall make assignments and transfers of support staff members (except secretaries and Educational Technicians) for the efficient operation of the schools. Educational Technicians and secretaries will be assigned within schools by the respective building administrators.

The preferences of employees shall be taken into consideration in making assignments and transfers. However, the best interests of students and the school system must be given priority. Within an individual school, a building administrator may assign instructional and non-instructional support staff members to tasks appropriate to their positions and qualifications.

Care shall be exercised by the administration to see that all facilities are properly staffed with support staff personnel.

Adopted: July 9, 2001

ICA - SCHOOL CALENDAR

It shall be the responsibility of the Superintendent of Schools to publish a school calendar annually.

Legal Ref: Title 20-A MRSA Section 4801
Adopted: April 8, 1974
Revised: March 10, 1980
Revised: May 14, 2000
Revised: July 8, 2002

ID - SCHOOL DAY

The hours of the regular school day shall be set by the Board of Education upon the recommendation of the school administration. Adequate supervision of students shall be provided for the hours of the regular day.

The school department shall not be responsible for non-bused students who arrive on school grounds earlier than 15 minutes prior to morning and afternoon sessions. This policy does not apply to students who arrive early due to busing schedules.

On days of severe inclement weather the school doors shall be opened as early as necessary to prevent possible hardship. Students shall be supervised whether in a central area(s) or in classrooms.

Children are to be discouraged from early arrival on school grounds regardless of the weather.

Adopted: January 4, 1978
Revised: January 29, 2002
Revised: July 8, 2002

IEA - DEPARTMENTAL ORGANIZATION

At the high school level, departments shall be maintained in the fields of visual and performing arts, career preparation, modern and classical languages, English, guidance, mathematics, science, social studies, special education, physical education, and in other such fields as may become desirable.

All teachers assigned to a given field shall automatically become members of that department.

Elementary and middle school teachers shall be encouraged to participate and contribute to any and all departments as a means of developing good communication and understandings between elementary, middle and secondary school. It is important that we develop continuity of instruction aligned with the Maine Learning Results.

Cross Reference: Policy ADF: School District Commitment to Learning Results
Adopted: Prior to 1985
Revised: May 22, 2001
Revised: February 26, 2002
Revised: July 8, 2002

IGA - CURRICULUM DEVELOPMENT

Continuous review, evaluation, and development of the curriculum shall take place under the direction of the Superintendent of Schools. The Superintendent may call for assistance in the process from members of the professional staff in such a way as to assure a broad representation of subject areas, grade levels, and special services.

Major changes in curriculum and/or courses of study shall be implemented only after approval by the Board of Education.

Cross Reference: Policy ADF: School District Commitment to Learning Results
Adopted: Prior to 1986
Revised: February 26, 2002
Revised: July 8, 2002
Revised: February 23, 2005 (Code Change)

IGBAE - PROVISION OF SPECIAL SERVICES TO PRIVATE/HOME SCHOOLING STUDENTS

The South Portland School Department’s responsibility for the education of exceptional children in private/home schools is to provide services outlined in the individual education plan (IEP) at the local school site.

Transportation shall be provided only on established routes currently available to district students.

Adopted: March 14, 1994

IGBG - HOMEBOUND INSTRUCTION

The principal/designee shall be informed of any student who will be absent from school for two weeks or longer because of prolonged illness or any disabling affliction. Educational support to these students not to exceed ten hours per week will be available through home tutoring.

The principal/designee shall obtain this request for home tutoring from a physician. The physician’s letter shall state the nature of the illness or disabling affliction and the expected duration of the disability. The school nurse shall serve as a liaison between the physician or hospital and the school.

Teachers are responsible for providing pertinent instructional materials, appropriate assignments and tests as needed. Tutors are responsible for providing pertinent instructional materials, appropriate assignments and tests as needed. Tutors are responsible for assessing student progress, correcting assignments and tests and informing the teacher of progress, test scores and other relevant information at intervals to be decided cooperatively between the teacher and tutor.

All student records will remain in the school. The name of the student receiving home tutoring will remain on the classroom register and will be marked “present” for the duration of the home tutoring period.

Adopted: March 16, 1961
Revised: November 8, 1971
Revised: April 11, 1977
Revised: June 12, 1978
Revised: June 12, 1989
Revised: January 29, 2002
Revised: July 8, 2002

IGBH - ALTERNATIVE PROGRAMS

The South Portland School Department may establish one or more programs that are in alignment with the system of learning results established in section 6209 as alternatives to the regular course of study, including options allowed in sections 5104-A and 8605, to meet the needs of at-risk students.

1. Coordination: These programs shall operate as part of the elementary or secondary school program.
2. Alternative schedules. Alternative programs may allow students to attend school part-time. Alternative programs may be scheduled apart from the regular school day.

Adopted: January 29, 2002
Revised: July 8, 2002

IGBI - LAU PLAN

General Policy Statement

It is the policy of the South Portland School Department to provide equitable access for limited English proficient students. According to the Equal Education Opportunities Act (1974), this district must make an effort to do whatever is educationally appropriate to address the English and educational needs of the limited English proficient student so that he/she can compete with his/her same age English background peers. Qualifying students will be identified and placed in programs and services in accordance with statutory guidelines. The South Portland School Department will strive to provide a linguistically and culturally rich learning and teaching environment. It is the policy of the South Portland School Department to comply with all federal and state laws prohibiting discrimination against students on the basis of all civil rights categories.

Responsibility for Lau Plan Implementation

The Superintendent will appoint a Lau Plan Coordinator to oversee the district Lau Plan. Language Assessment Committees that will consist of an administrator, classroom teacher, ESL (English as a second language) teacher, social worker (if necessary), and a parent or guardian, if possible, will be established at schools with ELL populations. Appropriate support staff, such as a guidance counselor, will be included when they are involved in the student’s program. The facilitator of the Language Assessment Committee will be an ELL teacher. The facilitator has overall responsibility for implementing the individual student plans.

The responsibilities of the Language Assessment Committee include:

a. Identify Limited English Proficient (LEP) students using the *WIDA “Access” assessment tool, MODEL, PreLas 2000
b. Develop an appropriate and effective language support program that assures LEP students will achieve the Common Core Essential Learning Targets.
c. Monitor the student’s progress on an on-going basis.
d. Notify parent or guardian of all decisions (in a language they comprehend) and their right to appeal their child’s participation in ESL.
e. Determine when the LEP student meets the exit or reclassification standards through WIDA Assessment.
f. Monitor students for two years after exit from ESL.
g. Make recommendations for programming for next school year.

Identification Process

Limited English proficiency is not a disability covered by IDEA or Maine Special Education regulations. English Language Learners (ELLs) will not be placed in special education programs without a separate determination of the need for such services. ELLs will not be identified as disabled based on their language deficits. Compliance with OCR and MDOE guidelines will be ensured.

Screening: All newly enrolled students (including transfers) will be initially screened for subsequent assessment through the Home Language Survey during the enrollment process. If there is any question about level of proficiency, additional assessment tools will be administered.

If a student has been previously identified as Limited English Proficient, screening is not required, although English proficiency assessment is required annually in all communicative skills domains.

*WIDA=(World Class Instructional Design and Assessment) Maine is a partner among 31 states.

Assessment of English Language Proficiency and Academic Skills

Assessment

1. Consultation with classroom teacher where appropriate
2. Anecdotal information from student, family and/or sponsors
3. Testing for proficiency in the Academic English of content areas.
4. Oral and written assessment of English
5. Teacher Observations
a. Review of student school records
b. Parents Interview
c. Classroom-based assessment procedures
d. Samples of student work
6. WIDA, Access, and MODEL, PreLas, WAPT, BVAT
D. Placement and Programming

Before making a permanent grade-level placement decision for a language minority student, the Language Assessment Committee will need to have pertinent background information about the child. That information would include, as a minimum:
-the child’s chronological age
-the child’s educational background
-the child’s English language proficiency level through WIDA assessments (if available)
-the child’s academic performance

With this information, which should have been collected as expeditiously as possible, the Language Assessment Committee will decide at what grade level the student should be placed. Under no circumstances will a student be placed in a grade level that is more than one year below his/her chronological age. Although it may seem logical to place a language minority child at a grade level that matches the kind of English skills he/she needs to acquire, it would be a great disservice to the child both socially and cognitively to do so. The Board of Education is obligated to provide a structured language support program that meets the ELL as well as content area needs of the student consistent with state and federal statute and case law precedent.

Regarding the issue of grade-level retention, on the whole, retention is only advisable when a language minority student is lagging behind peers socially and emotionally (and even that may not be appropriate). It stands to reason that a language minority – LEP child will not be on grade level academically until he/she has had the opportunity to acquire the English skills and content necessary for success.

It is not appropriate to retain a LEP child solely for the reason of limited English proficiency because the child has unique needs and must be given ample time from grade level to grade level to acquire English proficiency. The school committee accepts the research findings that the acquisition of a second language for cognitive/academic proficiency can take from five to seven years under optimal circumstances of academic and ELP (English Language Proficiency) support.

The most advantageous way to avoid grade-level retention is to make accommodations for the LEP child in the mainstream classroom and to maintain a close collaborative relationship between the mainstream and ELL programs. If a LEP child is referred for retention, the Language Assessment Committee should be included in that process to ensure that language proficiency is not the sole reason for the referral.

Programs: Each student will be enrolled in mainstream program to the extent possible and integrated into regular activities. The regular classroom teacher will share the responsibility of programming with a qualified ELL teacher. Modifications to the regular curriculum will be supported by appropriate instructional materials. An ELL program will be provided at a specified school at each level in order to maximize language support services with sheltered content instruction to support access to the Common Core.

Some of the programs that might be used in South Portland include:
Sheltered Instruction: An approach that utilizes the simplification of the English language to teach ESL and subject area content simultaneously (sometimes called “content ESL”). Although the actual content is the same as that taught to non-ELL students, key concepts and vocabulary are targeted to fit the ELL student’s English language proficiency level.
Structured Immersion: Instruction for LEP student is conducted in a setting wherein the teacher understands the student’s non-English home language. The student uses the non-English native language with the content teacher who usually responds in English.
The following guidelines will be followed for the development of a student’s program:

1. Instruction will be provided during the regular school hours.
2. Student’s grade placement will be age appropriate.
3. The ELL teacher and classroom teacher will coordinate efforts to support the students’ acquisition of English and the Common Core.
4. Instruction may occur in the mainstream classroom and/or the ELL setting, one-on-one, small group, tutoring or other modifications appropriate for the particular student.
5. Instructional space will be provided to ELL student that is comparably provided to non-ELL students.
6. The amount of time spent with the teacher will be determined by the Language Assessment Committee based on age and need of the student.
7. Home visits may be conducted as part of an outreach effort to parents of ELL student with support to those parents in their language.

ESL Teacher Requirements

1. Hold State of Maine Certification with ESL endorsement
2. Administer multi-criteria evaluations used to determine eligibility.
3. Communicate at least quarterly or each tri-mester with parents regarding progress of students in a language they understand.
4. Recommend modifications or revisions to the LAU Plan.
5. Recommend reclassification or exiting of student based on WIDA assessments.
6. Provide meaningful cultural and language information to student, teachers and classmates.
7. Insure that high school students receive appropriate career and educational information and that all post graduate opportunities are made equitably accessible to them.
8. Monitor students who have exited the ELL program for a period of two years.

Reclassification, Transition or Exit Criteria

A multi-criteria assessment will be made when determining if an LEP student will be classified as a Fluent English Proficient (FEP) student, proficient enough in English to participate meaningfully in regular education program. This will consist of the following:

1. Teacher evaluation of general language proficiency by observing the student’s oral performance in both formal and informal settings.
2. The ESL Teacher will evaluate the progress of the student in reference to ELL skills and objectives at least annually.
3. An objective evaluation will be made as to how the student is functioning in the four skill areas of listening, speaking, reading, and writing compared to their English speaking classmates. This evaluation will be made jointly by the ESL teacher and the classroom teacher(s). Exist thresholds will include WIDA Access Assessment (beginning 2005) Level 6 Composite score. Exit assessments and criteria should parallel those used to determine eligibility in the first place.
4. Several other factors will be considered when making the determination to exit services:
- Whether students can keep up with non-ELL peers in the regular academic program;
- Whether they are able to participate in essentially all aspects of the curriculum without simplified materials; and
- Whether their retention and drop-out rates are similar to those of non-ELL peers.

Special Needs Placement:
Determining special needs placement for students who are receiving ESL Services is a complex process. There may be a number of individual or combined factors determining why language and cultural minority students are achieving little academic progress over time; the normal process of second language acquisition, the acculturation process, different learning styles, motivation to learn, or the student’s lack of prior schooling are a number of potential factors instead of intrinsic learning problems. Screening and diagnosing at-risk students receiving ESL Services include a number of pre-referral steps to determine whether there exist temporary learning and behavior characteristics shared by learning disabled students and students of English as a second language, or whether referral to special education is warranted. The ESL Specialist must be involved throughout the process.

The following pre-referral process will be followed to determine the necessity for referral to special education:

1. When the student experiences continued, serious academic/social behavioral difficulty:
• Examine systematic efforts to identify the source of difficulty:

a. Curriculum: continuity of exposure; scope and sequence; student’s
entry level skills; cognitive demands; mastery criteria; amount of practice exhibited in the native language.
b. Instruction: sequencing of content; language use; effective teaching behaviors; coordination with other teachers.
c. Teacher: qualifications; experience with LEP Students; teaching style; expectations; perceptions; instructional management; behavior management.
d. Student: Experiential background; native language proficiency; cultural characteristics; cognitive learning style; locus of control/attribution; self-concept; motivation.
e. Assessment: learning standards; data collection procedures; modifications.

Examine the student’s individual and group behavior, parental perceptions, work samples, and teacher perceptions.

a. Cultural differences: country of origin; length of residence in US; age at arrival.
b. Language differences: first language characteristics; rate of progress in English; opportunities to use English outside of school; literacy skills in first language.
c. Environmental factors: background factors; attitudes on schooling; interruptions/traumas; frequency of school moves; family separation; family support for schooling; home environment factors.
d. Medical/physical factors: history; present conditions.
e. Achievement/performance factors: listening comprehension; oral expression; basic reading skills; reading comprehension; written expression.
f. Learning/behavior factors: visual discrimination; auditory discrimination; visual memory, auditory memory; visual motor coordination; attention/coordination; a social perception; problem solving; activity level; speech.

2. Parents, teachers, and support staff can initiate referral to Special Education. Parents will be provided an interpreter if necessary. The Language Assessment Committee can also refer a student to special education services for continued diagnosis and testing if: (a) systematic efforts to identify the source of the difficulty are unsuccessful and/or (b) the Intervention Checklist identifies behavioral patterns deemed necessary for continued assessment. The Language Assessment Committee will gather the information and process the referral observing Special Education regulation timelines. The disabling condition must occur in the student’s primary language to warrant a referral.

Program Evaluation

In order to ensure the most effective and appropriate structured language support programming for limited English proficient children, a model for overall program evaluation must be developed and utilized consistent with state and federal statute. An annual program evaluation will illustrate: attainment of program outcomes; English language and content acquisition; attainment of learner outcomes; school climate and support for the program and children; the quality of instructional materials, the maintenance of information about students; the effectiveness of staff development activities; the amount and effectiveness of mainstream ELL collaboration; the effectiveness of school and program communication with parents; and, the implementation of the Lau Plan itself.

The program accountability and demonstration of outcomes will enhance the program’s legitimacy in the school and will consummate the work and methods of the program toward the ultimate goal of continually improving instruction to meet learner instructional needs.

Caveats

The following three circumstances could present themselves. The policy of the school committee is duly noted for each situation.

1. Although language minority-limited English proficient students may be eligible for NCLB Title One and Title Three services under the same criteria as other children, any may receive those services. Title I and Title III services cannot supplant structured support services, such as ESL.
2. Limited English proficiency is not a disability as defined by the Americans with Disabilities Act of 1994 and state special education regulations. If a language minority child is referred for a special education evaluation, a culturally and linguistically non-biased evaluation must comply with state and federal regulations.

An assessment of the child’s native language skills as soon after school enrollment as possible is advisable so that any significant problems can be identified and noted for future references. The disability must be determined in the student’s primary language.
3. In the event that a parent/guardian refuses ELL services for their child, a signed letter of refusal will be placed in the student’s file. These ELL services will be offered yearly and a letter of refusal must be signed annually. The parent may withdraw refusal of services at any time.

H. Program Evaluation

The Lau Plan Coordinator is responsible for monitoring and evaluating the overall effectiveness of the Lau Plan. An effective plan is one in which students are achieving proficiency in English and are able to participate meaningfully in South Portland’s programs. The Lau Plan Coordinator will annually perform the following functions:

- Review staff compliance with Lau Plan procedures and requirements:
- Review student data to assess student progress in achieving English proficiency and participation in school programs;
- Obtain feedback and suggestions from staff, parents and students (if appropriate) concerning Lau Plan procedures and services provided to students;
- Provide a report to the Superintendent regarding the findings of the program evaluation and any recommendations for improvements to Lau Plan procedures or educational programs and services provided to ELLs.

I. Parent Notification and Involvement

To the extent practicable, parent notices and information will be provided in a language the parents can understand. In additional, if practicable, an interpreter will be provided to assist parents in communicating with school staff and at meeting of the Language Assessment Committee to discuss the student’s programming and progress in attaining English proficiency.

Parents shall be notified before their child’s English proficiency is assessed and shall be provided with the results of such assessments. If the student is identified as in need of ELL services, the parents shall be notified no later than 30 days after the beginning of the school year or within two weeks of the child’s placement in the program as required by the No Child Left Behind Act. Parents shall be invited to attend and participate in all LAT meetings pertaining to their child and shall be notified of school activities which are called to the attention of other parents.

Parents have the right to refuse ELL services and support for their child. If a parent does not want his/her child to have ELL services or support, he/she is required to sign a letter of refusal that shall be placed in the student’s education record.

J. Record keeping

All records pertaining to a student’s ELL status, including screening, assessments, Language Assessment Committee meeting minutes, programming, evaluations, and parent notices and forms shall be included in his/her cumulative folder. Appropriate recordkeeping is the responsibility of the student’s Case Manager or guidance counselor (after a student has exited ELL programs and services).

Legal References
Civil Rights Act (Title VI) of 1964
“No person in the United States shall, on the grounds of race, color, or natural origin be excluded from participation in, be denied under the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
Lau v. Nichols: U.S. Supreme Court decision of 1974
“There is no equality of treatment merely by providing students with the same facilities, textbook, teachers, and curriculum, for students who do not understand English are effectively foreclosed from any meaningful education.”
Memorandum, May 25, 1970 Dept. of HEW
“Where inability to speak and understand the English language excluded national origin-minority children from effective participation in the educational program offered by a school district, the district must take affirmative steps to rectify the language deficiency in order to open its instructional program to these students.
Office of Civil Rights, Fall, 1985 memo on the May 23, 1970 Memorandum
“Title VI rights are for individual rights, thus LEA’s must heed the May 25th memorandum even if they have only a single Limited English Proficient (LEP) Student.”

Office of Civil Rights Memorandum, 1990
Requalified teachers

Adopted: October, 1995
Adopted: October, 2013

IGCB - TRAVEL TOURS

The Board of Education neither sponsors nor endorses national or international travel tours for students. Any person arranging any such tours does so without authorization by the Board of Education, and the Board assumes no responsibility for such plans, for any monies involved, or for any event, incident, or mishap connected or associated with the same. Any person using school facilities in any way in connection with planning of such tours shall advise the students and parents involved in writing that the Board of Education is not involved and shall make record that he did so, filing a copy thereof with the Superintendent of Schools.

Adopted: September 8, 1975
Revised: May, 2001
Revised: July 8, 2002

IGDF - STUDENT FUNDRAISING ACTIVITIES

While it is recognized that some special, discretionary activities rely on student fundraising, it is the intent of the Board of Education to minimize the frequency and intensity of these efforts. Fundraising activities must gain the approval of the building principal or designee prior to the start of any project which involves students in selling or otherwise raising money. The principal will determine whether the use of students for this project is age appropriate, and does not exceed the reasonable limits placed on the school for fundraising.

Elementary students are prohibited from door-to-door sales of products or solicitations, without adult supervision. Even when accompanied by a parent or other responsible adult, elementary students are limited to their neighborhoods and the homes of relatives and family friends or parent work sites.

Middle and high school student fundraising activities must be carefully considered and the guidelines clearly articulated. Students are strongly discouraged from solicitations outside of their immediate neighborhoods.

Students are prohibited from entering into a stranger’s home while fundraising.

Fundraising activities will not normally occur during the instructional day. However, the building principal may approve exceptions when fundraising activities have an educational component.

Adopted: May 12, 1975
Revised: November 9, 1998
Revised: July 8, 2002

IGDJ - CO-CURRICULAR ACTIVITIES

The Board of Education believes that students will benefit from the experiences in self-discipline and team effort made possible through participation in co-curricular activities.

At the middle and high school levels, co-curricular activities shall include a variety of choices. Students shall be allowed to participate on the basis of their abilities, desire, and academic standing.

CO-CURRICULAR PARTICIPATION

Six through Eight Co-Curricular Activities

The intent of the Middle School Co-Curricular Program is to increase participation across all activities.

Sixth, seventh, and eighth grade students must pass all graded classes with a grade of 70 or better each ranking period to be eligible for participation in co-curricular activities. Students with no more than one class grade below 70 will be placed on academic probation at the beginning of the following ranking period. During the probation period, the student will be allowed to participate in an activity. The student’s status will be reviewed every two weeks by a building administrator. If the student is passing all classes, he/she will be allowed to continue to participate. A final decision regarding student eligibility will be made by the building administrator when progress reports are distributed.

If, at the end of the academic year, a student has not met the eligibility requirements for the fourth ranking quarter or has to repeat that same grade the ensuing academic year, then students with no more than one class grade below 70 will be placed on academic probation at the beginning of the school year. The student’s status will be reviewed every two weeks by a building administrator until progress reports are distributed.

There is no carryover of eligibility from middle school to high school.

Interscholastic Sports: Sixth grade students will be allowed to participate in individual sports such as Cross Country, Swimming, Indoor Track, Outdoor Track. When the school is unable to field a full seventh grade team for a team sport, sixth grade students will be allowed to participate in team sports. If sixth graders are asked to participate on a seventh grade team, it will not be at the expense of a seventh grader. Sixth graders may not participate at the eighth grade level.

Sixth, seventh and eighth grade students become ineligible to participate in interscholastic athletics upon reaching their 16th birthday.

Nine through Twelve Co-Curricular Activities

To be eligible to try out, practice, compete or participate in co-curricular activities, a student must have carried and attended a minimum of six full-time courses for credit in the previous quarter, passed five of those courses, and must be carrying and attending six full-time courses for credit in the current quarter. A student will be declared eligible/ineligible upon publication of the quarterly eligibility list. A student who has passed four courses during the fourth quarter may attend summer school to reinstate eligibility provided the summer course is in the same discipline as the course failed. An end of summer school report must indicate that the student has met the standards for the course taken. Only one summer course will be permitted.

Adopted: July 9, 1973
Revised: May 10, 1976
Revised: April 11, 1977
Revised: May 11, 1981
Revised: April 14, 1986
Revised: July 11, 1988
Revised: August 14, 2000
Revised: July 8, 2002
Revised: May 14, 2007
Revised: April 23, 2012

IGDJ-R CO-CURRICULAR ACTIVITIES RULES

The Board of Education believes that students will benefit from the experiences in self-discipline and team effort made possible through participation in co-curricular activities.

At the middle and high school levels, co-curricular activities shall include a variety of choices. Students shall be allowed to participate on the basis of their abilities, desire, and academic standing.

CO-CURRICULAR PARTICIPATION

Six through Eight Co-Curricular Activities

The intent of the Middle School Co-Curricular Program is to increase participation across all activities.

Sixth, seventh, and eighth grade students must pass all graded classes with a grade of 70 or better each ranking period to be eligible for participation in co-curricular activities. Students with no more than one class grade below 70 will be placed on academic probation at the beginning of the following ranking period. During the probation period, the student will be allowed to participate in an activity. The student’s status will be reviewed every two weeks by a building administrator. If the student is passing all classes, he/she will be allowed to continue to participate. A final decision regarding student eligibility will be made by the building administrator when progress reports are distributed.

If, at the end of the academic year, a student has not met the eligibility requirements for the fourth ranking quarter or has to repeat that same grade the ensuing academic year, then students with no more than one class grade below 70 will be placed on academic probation at the beginning of the school year. The student’s status will be reviewed every two weeks by a building administrator until progress reports are distributed.

There is no carryover of eligibility from middle school to high school.

Interscholastic Sports: Sixth grade students will be allowed to participate in individual sports such as Cross Country, Swimming, Indoor Track, Outdoor Track. When the school is unable to field a full seventh grade team for a team sport, sixth grade students will be allowed to participate in team sports. If sixth graders are asked to participate on a seventh grade team, it will not be at the expense of a seventh grader. Sixth graders may not participate at the eighth grade level.

Sixth, seventh and eighth grade students become ineligible to participate in interscholastic athletics upon reaching their 16th birthday.

Nine through Twelve Co-Curricular Activities

To be eligible to try out, practice, compete or participate in co-curricular activities, a student must have carried and attended a minimum of six full-time courses for credit in the previous quarter, passed five of those courses, and must be carrying and attending six full-time courses for credit in the current quarter. A student will be declared eligible/ineligible upon publication of the quarterly eligibility list. A student who has passed four courses during the fourth quarter may attend summer school to reinstate eligibility provided the summer course is in the same discipline as the course failed. An end of summer school report must indicate that the student has met the standards for the course taken. Only one summer course will be permitted.

Adopted: July 9, 1973
Revised: May 10, 1976
Revised: April 11, 1977
Revised: May 11, 1981
Revised: April 14, 1986
Revised: July 11, 1988
Revised: August 14, 2000
Revised: July 8, 2002
Revised: May 14, 2007
Revised: April 23, 2012

IHA - GROUPING FOR INSTRUCTION

Whenever students are assigned to groups or classes, consideration shall be given to the student'’ age, general ability, record of achievement and his/her social, emotional and physical maturity.

Legal Ref: Title 20-A MRSA Section 1001

Adopted: Prior to 1985

IHB - CLASS SIZE

The South Portland Board of Education recognizes that there is a relationship between class size and student achievement and that this relationship varies greatly across grade levels, among subjects and by methods of instruction. Therefore, the recommended class size in the elementary and secondary schools shall be determined by several variables including grade level, subject area, nature of the students in the classroom, nature of the learning objectives, availability of classroom space, instructional methods and procedures used, and budgetary constraints.

Keeping all of these variables in mind, the following class size ranges shall serve as a general guideline for the organization of classes in the elementary and secondary schools:

CLASS Guideline

Kindergarten through grade 2 15-20 students
Grades 3-5 15-24 students
Grades 6-8 15-25 students
Grades 9-12 15-26 students

Special class size circumstances, including, but not limited to:

• Classrooms falling under OSHA guidelines, such as Applied Arts;
• Number of available lab stations;
• Instrumental and choral music classes;
• Exceptionality courses.

When any elementary or secondary school class fails to meet or exceeds the recommended class size range, the Building Administrator shall notify the Superintendent of Schools. The Superintendent, in consultation with the Building Administrator, shall consider options to resolve the issue. Options may include, but are not limited to:
• Maintaining class size
• Assigning additional staff
• Transferring some or all students to a different class or school, or
• Canceling the course

The Superintendent's decision will be communicated to the Board of Education with the understanding that Board approval will be required to hire any additional staff.

Revised: February 9, 1987
Revised: March 11, 1996
Revised: July 8, 2002
Revised: February 23, 2005 (Code Change)

IHBA - INDIVIDUALIZED EDUCATION PROGRAMS (IEPs)

It shall be the policy of the South Portland School Department to maintain a complete individualized education program (IEP) for each student who has been identified with a disability and in need of special education services under state and federal special education laws, and who is in attendance at South Portland public schools. The South Portland School Department shall develop these IEP’s in a manner consistent with the procedural requirements of state and federal special education laws.

Student IEPs shall be reasonably calculated to provide the identified student with educational benefits in the least restrictive educational environment. The South Portland School Department shall ensure that such IEP’s are in effect within 30 days of when a student is first identified as in need of special education services and that such IEPs are reviewed at least annually, as prescribed by state and federal special education laws.

Legal Reference: 20 USC § § 1414(d)
34 CFR § 300.340-.350 (Mar. 1999)
ME Dept. of Ed. Regs. Ch 101 § 1.4, 10.1-10.5 (Nov. 1999)

Adopted: July 8, 2002

IHBA-R - INDIVIDUALIZED EDUCATION PROGRAM (IEP) TEAM MEETING ATTENDANCE

It is the policy of the South Portland School Department to fully comply with all State and Federal Special Education Regulations regarding IEP Team meetings. In addition to IEP Team members required to attend, either the parent or the District, at their discretion, may invite to the meeting other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate. The determination of knowledge or special expertise of such an individual(s) shall be made by the party (parent or public agency) who invited the individual(s) to attend the IEP Team meeting.

Should a parent choose to invite either an attorney, consultant, or advocate to an IEP Team meeting, the parent shall provide notice to the Building Administrator or Office of the Director of Instructional Support at least three (3) business days in advance of the IEP Team meeting to give the District time to arrange for attendance by the Director of Instructional Support or other appropriate representative(s). Should the parent fail to provide three (3) days advance notice of attendance by an attorney, consultant, or advocate at the IEP meeting, or should the District be unable to have the Director of Instructional Support or other appropriate representative(s) in attendance at that meeting, the District reserves the right to reschedule the meeting to a date when the Director of Instructional Support or other appropriate representative(s) can attend.

Legal Reference: Maine Unified Special Education Regulation VI(2) (2007)

Adopted: February 9, 2009

IHBAA - SPECIAL EDUCATION REFERRALS

In accordance with the Maine Special Education Regulations (Chapter 101: Section 7.8), the South Portland School Department has developed a policy regarding referral to the Individualized Education Program (IEP) Team. This policy is intended to provide a clear procedure by which any appropriate person in the school or community can initiate a referral. The Superintendent has designated the Director of Instructional Support as the person responsible for appropriate and timely handling of referrals.

1. Any professional employee of the South Portland School Department can refer a student by the following means: Speak to the Superintendent, principal, or to any member of the special services staff to obtain and complete a copy of the referral form. Referral forms are available in each guidance office and special education rooms. Special education teachers are available for assistance in completing the forms if required.

2. Parents of any eligible child can refer their child to the IEP Team if they have reason to believe that the student may require special education and IEP Team supportive services. A telephone call or a written request to the Director of Instructional Support or building level principal will accomplish this. Any staff person contacted by a parent wishing to refer his/her child will put the parent in contact with the Director of Instructional Support, guidance counselor or principal and will assist in any way requested to expedite the process.

3. Any individual agency, representative, or preschool coordination site personnel with knowledge of a student can refer a student to the IEP Team by contacting the Superintendent, Director of Instructional Support, guidance counselor or principal.

4. Any student who is deemed “at risk” by school staff, parents, or outside school person with relevant knowledge can be referred for screening by contacting the Superintendent, principal, guidance counselor, or Director of Instructional Support.

5. A referral is considered to be initiated upon when the Consent to Evaluate has been signed by the building administrator or an Instructional Support administrator.

Adopted: March 14, 1994
Revised: December 12, 2011

IHBAA-R - REFERRAL/PRE-REFERRAL ADMINISTRATIVE PROCEDURE

School employees who are making a referral shall do so by contacting South Portland School Department and by filling out the appropriate referral forms. Parents may at any time refer their child to the Individual Education Program team (IEP) if they believe the child may be in need of special services. Parents should contact the South Portland School Department to make a referral, but also may contact the child’s teacher to make that referral. School professionals who are informed by parents or others of a desire to refer a student should immediately direct that person to the principal for initiation and discussion of the referral process. The school professional should also document in writing the contact with the parent or other person and should immediately forward that documentation to the principal.

Once a referral has been made, the IEP members have 15 school days to review any existing evaluation data and to determine what evaluations may be needed as part of the referral process. That review may occur either at an IEP meeting or through other discussions that fully include the parent. If IEP members are unable to reach agreement on necessary evaluations outside of an IEP meeting, an IEP meeting shall be held to discuss the issue.

Within 15 school days of receiving the referral, the local school unit shall send to the parent a Consent to Evaluate form. Once the school receives the Consent to Evaluate back from the family with the appropriate signatures and the form has been signed by the building administrator or central office staff and the date received has been stamped on the document the district has 45 school days to complete the evaluation and to hold a IEP meeting to determine whether the student qualifies for special education services. If the student is identified as a child with a disability in need of special education, the IEP shall develop an Individualized Education Program for that child within 30 days of the determination that the student is eligible.

Transfer students who have already been identified as eligible for special education and in need of special education services shall ,on transfer and with prior written notice to the parent, be provided with special education consistent with the IEP developed at the prior school, and shall be referred to the IEP to review the program. If the transfer student’s current IEP from his/her prior school unit is not available or is believed to be inappropriate by either the parent or the school, the school shall develop a new IEP through appropriate procedures within a short time after the student enrolls at the school.

Upon enrollment in public school, a student who was being served by the Child Development Services system shall be treated by the local school unit in the same manner as are transfer students under the state special education regulations, except that the student’s Individual Family Service Plan from Child Development Services will be considered as his/her current IEP until such time as an IEP meets to alter or amend that program. Placement, however, will be in the public school system rather than at the site provided by Child Development Services.

Pre-referral Strategies

Professional school staff members who observe that a student is encountering academic, social or emotional difficulties in school that interfere with the student’s education shall document those specific difficulties on a Pre-Referral Checklist.

The school staff member shall then develop an intervention strategy, using the intervention checklist that accompanies the pre-referral checklist. The staff member may consult with other school employees and/or the student’s parents in developing the intervention strategy. The intervention strategy shall have an established time period for implementation, and at the end of that time, its success shall be assessed and documented at the bottom of the intervention checklist. If the intervention strategy fails to resolve satisfactorily the difficulties that were interfering with the student’s education and the staff member suspects that the student may be in need of special education, the staff member shall refer the student to an IEP in accordance with the referral process noted above.

Parental Notice

In addition to other requirements for parental notification, the school unit shall notify parents in writing consistent with state special education regulations whenever their child has been referred to the IEP and shall notify parents whenever their child has demonstrated educational difficulties that have led to completion by a staff member of the pre-referral checklist and intervention strategy checklist.

That notification of pre-referral interventions should include copies of the completed checklists and shall request that the parents contact the staff member who has completed the documents. That notification shall also inform parents that they have a right to refer their child directly to the IEP if they suspect that their child may need special education services. The district may advise the parents as to why it may be appropriate to have the child participate in the intervention strategies prior to a referral to the IEP, but the district unit shall not reject or delay the referral until the intervention strategies have been tried if the parent requests that the school proceed immediately with the referral. The school shall document the parent’s decision.

That notification shall also inform the parents that they have a right to request a due process hearing from the Maine Department of Education in response to any refusal by the school to proceed with their request to refer their child to the IEP.

Legal Reference: 20 USC § 1400(c)(5)(F)
34 CFR Part 300, App. A., Q. 17 (Mar. 1999)
Me. Dept. of Ed. Reg. ch. 101 §§ 7.7, 9.8, 9.17 (Nov. 1999)

Adopted: July 8, 2002
Revised: March 2, 2012

IHBAB - REFERRAL/PRE-REFERRAL OF STUDENTS WITH DISABILITIES

It shall be the policy of the South Portland School Department to refer all school-age students suspected of having a disability that requires special education to the Individualized Education Program (IEP) Team for an evaluation in the suspected area(s) of disability. Referrals of students to the IEP Team may be made by professional school staff, by parents and by other persons knowledgeable about the student’s educational needs.

The Superintendent of Schools, in consultation with the Director of Instructional Support, may develop procedures for referral and the use of pre-referral interventions within the South Portland School Department, and may, from time to time, amend those procedures as necessary.

Legal Reference: 20 USC § 1400(c)(5)(F)
34 CFR Part 300, App. A., Q. 17 (Mar. 1999)
Me. Dept. of Ed. Reg. ch. 101 §§ II(23), III, IV(2)(D), (E), V(4)(A) (August 2007)

Adopted: July 8, 2002
Revised: November 10, 2008

Policy Code: IHBAC 

Child Find 

The South Portland School Department seeks to ensure that all children within its jurisdiction are identified, located and evaluated who are school-age 5 and under the age of 22 and who are in need of special education and supportive assistance. This includes homeless children, state wards, state agency clients, students who have been suspended or expelled, children attending private schools receiving home instruction, children incarcerated in county jails, children who have the equivalent of 10 full days of unexcused absences or 7 consecutive school days of unexcused absences during a school year, highly mobile children (including migrant or homeless), and children who are suspected of being disabled and in need of special education and supportive assistance even though they are advancing from grade to grade. 

The school unit’s Child Find responsibility shall be accomplished through a unit-wide process which, while not a definitive or final judgment of a student’s capabilities or disability, is a possible indicator of special education needs. Final identification of students with disabilities and programming for such students occurs only after an appropriate evaluation and a determination by the IEP Team. 

The school unit shall provide Child Find during the first 30 days of the school year or during the first 30 days of enrollment for transfer children, in addition to other Child Find activities provided by the school unit. 

This Child Find process shall include obtaining data on each child through multiple measures, direct assessment, and parent information regarding the child’s academic and functional performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing and cognitive skills. The South Portland School District may schedule Child Find activities during its annual kindergarten enrollment to assist in planning for necessary special education and related services at the start of the school year. If screening occurs in the spring prior to school entry, the school unit will refer the child to the regional CDS site within 10 school days. 

If the Child Find process indicates that a student may require special education and supportive services in order to benefit from regular education, the student shall be referred to the IEP Team to determine the student’s eligibility for special education services. 

School staff, parents, or agency representatives or other individuals with knowledge of the child may refer children to the IEP team if they believe that the student, because of a disability, may be in need of special education and supportive services in order to benefit from regular education. Such a referral should follow the school unit’s pre-referral and referral policy. 

Legal Reference: 34 C.F.R. § 300.111 (2006) 

Me. Dept. of Educ. Rule Ch. 101, IV 2(A), (C) (2015) 

Me Dept. of Educ. Administrative Letter 1 (January 21, 2021) 

Revised: February 25, 2013 

Revised: March 13, 2023

IHBAG - PROGRAMMING IN THE LEAST RESTRICTIVE ENVIRONMENT

The South Portland School Department shall program for students with disabilities in the least restrictive educational environment that can appropriately address the student’s needs. Toward that end, the school unit shall ensure that, to the maximum extent appropriate, students with disabilities are educated with students who are not disabled, and that special education, separate schooling or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Determinations regarding programming in the least restrictive environment shall be made by the student’s Pupil Evaluation Team (PET) and shall draw upon a multidisciplinary assessment of the student’s needs. The district shall make available, as appropriate, the full continuum of educational placements when making placement determinations.

The Superintendent, in consultation with the Director of Special Education, may develop and promulgate procedures for implementing this policy and may, from time to time, amend those procedures as necessary.

Legal Reference: 20 USC § 1412(a)(5)
34 CFR §§ 300.550-.552
Me. Dept. of Ed. Reg. ch. 101 §§ 11.1-11.3 (Nov. 1999)

Adopted: July 8, 2002

IHBAG-R - PROGRAMMING IN THE LEAST RESTRICTIVE ENVIRONMENT ADMINISTRATIVE PROCEDURE

Determinations regarding least restrictive programming may be made by the student’s Pupil Evaluation Team (PET) in the following manner:

A. The PET should first assess whether education in the regular classroom, with the use of supplementary aids and services, can be achieved satisfactorily. In making that determination, the PET should assess each of the following factors:

1. Supplementary aids and services that may assist the student in obtaining a satisfactory education in the regular classroom.

Supplementary aids and services may include, but are not limited to, resource services, assistive technology services, modifications of curriculum, use of educational technicians, and consultation services from special educators.

When assessing supplementary aids and services, the PET need not order placement in the regular classroom if it would require modification of the regular curriculum beyond recognition or would result in the student not having to learn any of the skills normally taught in that regular education curriculum.

2. A comparison of the benefits the student would receive in the regular education classroom with those that the student would receive in a more restrictive setting, such as a self-contained program.

The assessment of benefits should consider both academic and social benefits of participation in the placement being considered. The PET should also assess academic and social detriments for the student that may arise from that placement.

In some circumstances, the social benefits of regular education placement may outweigh the academic benefits, just as the academic benefits of a more restrictive setting may outweigh the social benefits of a regular education placement.

3. The effect that placement of the student in the regular classroom would have on other students in the classroom.

The PET need not place a student in the regular classroom when the student’s behavior, even with supplementary aids and services, would be so disruptive that the education of other students is significantly impaired. Nor would the PET need to place the student in the regular classroom when the student would require so much of the teacher or the educational technician’s time that the rest of the class suffers.

4. The financial cost would be of the supplementary aides and services accompanying an appropriate placement in the regular classroom.

Placement in the regular classroom may not be rejected under this factor simply because it would be incrementally more expensive than placement in a more restrictive setting. Yet the district need not educate a student in the regular classroom if the cost of such a placement would significantly impact the education of other students. The district need not place a student in the regular classroom if such placement requires that the student have his/her own full-time teacher.

B. If the PET determines after assessing the above factors that the student is unable to benefit from his or her educational program in the regular classroom with supplementary aids and services, the PET shall then determine the maximum extent of regular education participation that is appropriate.

In making this determination, the PET shall consider the full continuum of alternative placements—such as placing the student in regular education for some academic classes and in special education for others, regular education participation for nonacademic activities and classes only.

A student with a disability shall be placed in the school the student would normally attend unless the Individualized Education Program requires a different placement. In such a case, the placement shall be as close to possible to the student’s residence.

Legal Reference: 20 USC § 1412(a)(5)
34 CFR §§ 300.550-.552
Me. Dept. of Ed. Reg. ch. 101 §§ 11.1-11.3 (Nov. 1999)

Adopted: July 8, 2002

IHBAI - INDEPENDENT EDUCATIONAL EVALUATIONS (IEPs)

A parent of a student with disabilities has a right to obtain an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the district. An “independent educational evaluation” means an evaluation conducted by a qualified examiner who is not employed by the district.

If a parent requests an independent educational evaluation at public expense, the district must, without unnecessary delay, either (1) initiate a hearing with the Maine Department of Education to show that its evaluation is appropriate, or (2) ensure that an independent educational evaluation is provided at public expense, unless the district demonstrates in a hearing with the Maine Department of Education that the evaluation obtained by the parent did not meet agency criteria.

If a parent requests an independent educational evaluation at public expense, the public agency may ask for the parent’s reason why he/she objects to the district’s evaluation. However, the explanation by the parent may not be required, and the district may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the district’s evaluation.

If the independent evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the district uses when it initiates an evaluation.

The district shall provide to the parent, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and information about the school’s criteria applicable to independent educational evaluations at public expense.

If the parent obtains an independent educational evaluation at private expense, the results of the evaluation must be considered by the district, if that evaluation meets the district criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education for the child.

If the parent requests an independent evaluation at public expense when the parent does not disagree with an evaluation provided by the district, or when the school has not recently provided an evaluation in the area requested, the parent request shall be referred without unnecessary delay to the PET to determine whether the PET should order an evaluation in the area requested.

Legal Reference: 34 CFR § 300.502 (March 1999)
Me. Dept. of Ed. Reg. ch. 101 §§ 9.19, 12.5 (Nov. 1999)

Adopted: July 8, 2002

IHBAJ - SPECIAL EDUCATION STUDENT OVERSIGHT AGREEMENT

[Sending school unit] and South Portland School Department hereby agree to the terms set forth below for monitoring students from [sending school unit] who are attending South Portland School Department as tuition students and who have been identified as in need of special education or in need of referral to special education.

General Oversight for All Students

Each high school student from [sending school unit] will have a report form (Progress Report Form) and grades sent from the receiving high school to the sending school unit twice a year to monitor the student’s progress and to keep an accurate account on transfers and dropouts. The sending school unit shall designate a person to receive those reports.

The sending school unit shall be responsible for contacting each high school guidance department to acquaint them with the Progress Report Form and to instruct them on its use.

In addition, if there is a problem with the student that requires administrative intervention beyond the level of the student’s teacher, the Progress Report Form will be filled out by the designated person documenting the problem. That form will be immediately forwarded to the designated individual at the sending school unit. The receiving school unit shall also place a phone call to the designated person from the sending school unit to ensure that the sending unit is aware of the issue.

Any action taken by the sending unit shall be documented on the Progress
Report Form.

Oversight of Students Referred to PET for Evaluation

1. a. When a student is referred to a Pupil Evaluation Team (PET) or for evaluation, the Director of Special Services of the receiving district will notify the Director of Special Services from the sending school unit (or other designated official) by means of the Progress Report Form within five days of the referral

b. The sending school unit will enter the referral into the log to monitor timelines and procedures as they would K-8 referrals.

2. a. The sending school unit shall schedule the PET meeting at a mutually convenient time for all parties and notify the receiving school unit and the parents as described in Special Education. Reg. § 8.5

b. Parents will be informed by the sending school unit of their procedural safeguards in accordance with Maine Special Education Regulations and will receive notification of meetings scheduled to discuss their child’s school program. Any questions regarding the special education process should be directed to the Director of Special Education in the sending school unit (or other designated official).

c. The Special Education Director from the sending school unit (or other designated official) will chair the PET meetings held to review evaluations and to make determinations on identification, programming and placement.

Oversight of Students Identified as in Need of Special Education

1. a. For those students enrolled in special education, their progress will be reviewed at annual PET meetings, through the general oversight arrangements noted above, and through PET meetings. Either the sending or receiving school unit may initiate a PET meeting, although the sending school unit shall initiate the annual PET to review and revise the Individual Education Plan (IEP). Whichever school unit initiates the PET meeting shall be responsible for scheduling the meeting at a mutually convenient time and for ensuring that notification requirements are met.

b. Parents will be informed of their procedural safeguards in accordance with the Maine Special Education Regulations and will receive notification of meetings scheduled to discuss their child’s school program. Questions regarding the student’s progress or level of need that are raised with the receiving school unit should also be relayed to the Special Education Director of the sending school unit (or other designated official).

c. Every three years, or more often if determined necessary by the sending school unit or the student’s PET, the student will be re-evaluated, as specified in the Special Education Regulations, at the sending school unit’s expense. The process of notification will be initiated by the sending school unit.

Dated: ___________________

_______________________________________________________________
Sending School Unit Receiving School Unit

By: ______________________________ By: ___________________________

Adopted: July 8, 2002

IHBAJ-E - PROGRESS REPORT FORM

Date: High School: _______________________________________________

Student’s Name: ________________________________________________

Town Responsible for Student: ______________________________________
Fill Out Relevant Portion

A. January Progress June Progress

No Concerns at this point

The following concerns (academic/special) exist: _________________________________________________________________

Please attach a copy of this semester’s rank card.

B. Concerns with the student: _______________________________________________________________________________

Transferred to another high school

Date: ___________________

Moved to another town.

Date: ___________________

Has been absent for more than 10 school days.

Dates of absence: __________

Has been removed for disciplinary reasons.

Date: ____________________

Referred to an alternative program.

Referred to Student Assistance Team.

Has been referred by staff or parent/guardian for consideration as a possible special needs student.

Other: ________________________________________________________________________________________________

Summary of action to be taken in response to concerns: __________________________________________________________

Adopted: July 8, 2002

IHBAK - LIFE-SUSTAINING EMERGENCY CARE

A primary concern of South Portland School Department shall be with the health and safety of its students. In emergency situations involving accident or illness, school employees should undertake reasonable efforts to provide first aid or life-sustaining emergency care to the extent of their knowledge and training, and/or to seek the assistance of school medical personnel or other staff members to obtain emergency assistance for the student.

For those students who may present an ongoing need for medical interventions at school, including a need for life-sustaining emergency care, school personnel shall convene a team meeting for the purpose of developing an individualized plan to address the student’s specialized health needs. The team should include persons at the school who are knowledgeable about the student, as well as the student’s parents and a school administrator. The Team may consider requests from the parents that alternative forms of life-sustaining emergency care be used as part of that plan, but those requests must be substantiated by specific medical documentation from the student’s physician. The Team shall not approve a parental request to deny all life-sustaining emergency care for a student, but may specify that only certain types of intervention are appropriate in a particular situation.

For the purpose of this policy, “life-sustaining emergency care” means any procedure or intervention applied by appropriately trained school staff that may prevent a student from dying who, without such a procedure or intervention, faces a risk of imminent death. Examples of life-sustaining emergency care include: efforts to stop bleeding, unblocking airways, mouth-to-mouth resuscitation, and cardiopulmonary resuscitation (“CPR”).

Legal Reference: 29 USC § 794(a)

Cross Reference: JLCE – First Aid and Emergency Medical Care

Adopted: July 8, 2002

IHBAL - GRIEVANCE PROCEDURE FOR PERSONS WITH DISABILITIES

The South Portland School Department has adopted this grievance procedure to provide a local avenue for persons with disabilities to raise concerns about whether the South Portland School Department is fully meeting its obligations under state and federal laws to protect persons with disabilities. This procedure is intended to meet the requirements of the federal Rehabilitation Act (34 CFR § 104.7(b)) and the federal Americans with Disabilities Act (28 CFR § 35.107(b)).

Questions about this grievance procedure should be directed to the ADA/504 compliance coordinator, the Director of Special Education.

Step One

A person with an identifiable disability, or someone acting on that person’s behalf, may file a written grievance regarding compliance with state or federal disabilities laws with the building principal where the grievance arose, or with the ADA/504 compliance coordinator. If filed with the ADA/504 compliance coordinator, that person shall forward it to the appropriate building principal. No grievance will be heard if it involves actions that occurred more than 60 days prior to the filing of the grievance.

The building principal, after consultation with the ADA/504 compliance coordinator, shall respond in writing to the grievance within 15 working days of its receipt. Extensions of 15 working days may be allowed if necessary to address fully the issues in the grievance. The principal’s written response shall be forwarded to the grievant and to the ADA/504 compliance coordinator.

Step Two

If dissatisfied with the response, the grievant may obtain a review by the Superintendent of the principal’s decision.

The grievant must request that review within 15 working days of the decision by the principal. The Superintendent, after consultation with the ADA/504 compliance coordinator, shall respond in writing to the grievance within 15 working days. Extensions of 15 working days may be allowed when necessary to address fully the issues in the grievance. The Superintendent’s written response shall be forwarded to the grievant and to the ADA/504 compliance coordinator.

Adopted: July 8, 2002

Policy IHBEA 

Lau Plan: Program for Multilingual Learners 

The Board recognizes the need to provide a program for students who are multilingual learners in order to assure these students of equal educational opportunity. 

To that end, the Superintendent shall be responsible for developing and implementing a “Lau Plan” to meet the needs of students who are multilingual learners, including procedures for identification, assessment, programming, monitoring or progress, exit/reclassification, follow-up, and parent notification. A Language Assessment Committee shall be appointed to assist in the coordination, oversight and periodic review of the program. 

The School Board will have annual updates on the Lau Plan near the start of the academic year. The Superintendent, or their designee, will ensure that appropriate documentation is provided to the Maine Department of Education. 

At the beginning of each school year, the South Portland School Department will notify parents of students identified for or participating in programs for multilingual learners about the instructional program and parent rights, as required by law. Parents will be regularly informed of their child’s progress. Whenever practicable, communications with parents will be in the language understood by the parents. 

Legal Reference: 42 U.S.C. § 2000d (Title VI, Civil Rights Act of 1964) 20 U.S.C. § 6801 et seq. Me. Dept. of Educ. Rule Ch. 127.02 

Cross References: IHBEA - Exhibit: Lau Plan 

Adopted: October, 1995 

Adopted: October, 2013 

Reclassified from IGBI to IHBEA and revised: Date March 13, 2023 

Lau Plan 

Updated February 2023

Table of Contents 

Section 1. Legal Foundation for Providing Effective Educational Services to Multilingual Learners 4 Federal Laws 4 Supreme Court Decisions 4 

Section 2. Multilingual Learner Identification 5 Policies and Procedures 5 English Language Proficiency (ELP) Screeners 6 Parent/Guardian Notification and Rights 6 

Section 3. Development of Individualized Language Acquisition Programs 7 General Service Provision Guidelines 7 Overview of Programming 7 Individual Language Acquisition Plan (ILAP) 9 

Multilingual Learners and Special Education 9 Immigrants and International Students 10 

Section 4. Meaningful and Equitable Access to Academic and Extracurricular Programs 10 

Section 5. Equitable Personnel, Facilities, and Materials 11 Section 6. Administration of Annual English Language Proficiency Assessment 11 Section 7. Exit and Monitoring 12 Section 8. Ongoing Program Evaluation 12 Section 9. Meaningful Communication with Parents/Guardians 13

Section 1. Legal Foundation for Providing Effective Educational Services to Multilingual Learners 

South Portland School Department (SPSD) welcomes students and families from all linguistic and cultural backgrounds. We recognize the rich contributions multilingual and multicultural students and families bring to our school community and acknowledge the benefit to our broader community when the educational needs of all students are met. 

Further, we acknowledge that it is the responsibility of SPSD to adhere to all federal and state guidelines in providing equal educational opportunities to all students. The Lau Plan outlines the measures SPSD will take to ensure that our multilingual learners* (MLs) are afforded high-quality, effective educational programming, and equitable access to all curricular and extracurricular programs offered by SPSD, in accordance with the following federal laws and Supreme Court decisions: 

*SPSD uses the asset-based term “multilingual learner” to refer to students with a primary/home language other than (or in addition to) English who are not yet proficient in English. The Maine Department of Education also uses this term, whereas the US Department of Education uses “English learner” to refer to such students. 

Federal Laws 

I. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of national origin in programs or activities which receive federal financial assistance. II. Equal Education Opportunities Act of 1974 prohibits states from denying equal educational opportunity to an individual on account of his or her race, color, sex or national origin. The statute specifically prohibits states from denying equal educational opportunity by the failure of an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs. 

III. Elementary and Secondary Education Act (ESEA), reauthorized in 2015 as the Every Student Succeeds Act (ESSA), holds state educational agencies, local educational agencies, and schools accountable for increases in English language proficiency and core academic content knowledge of MLs. It requires states to implement yearly student academic assessments that include, at minimum, academic assessments in mathematics and reading or language arts. Title I of the ESEA also requires that states provide for an annual assessment of English language proficiency (listening, speaking, reading, writing, and comprehension in English) of all students identified as MLs in schools served by the state. 

Supreme Court Decisions 

❖ Lau vs. Nichols (1974) ruled that providing the same access to curriculum, instruction and materials for MLs as is provided to English dominant students is not, in

effect, equitable. 

❖ Plyler vs. Doe (1981) ruled that all students in public schools must be appropriately served, including any students who may not be documented as legal immigrants. ❖ Castañeda vs. Pickard (1981) ruled that schools must take “appropriate action” to address the needs of MLs as required by the EEOA. The Castañeda standard mandates that programs for MLs must be (1) based on sound educational theory, (2) implemented effectively with sufficient resources and personnel, and (3) evaluated to determine whether they are effective in helping students overcome language barriers. 

Section 2. Multilingual Learner Identification 

Legal Basis: Section 3111, Elementary and Secondary Education Act of 1965 

In accordance with ESEA requirements, all MLs must be identified within 30 days of enrolling in school. For students enrolling at the start of the school year, parents/guardians must be notified of ML identification within that 30-day period. For students enrolling after the start of the school year, parents/guardians must be notified within two weeks of ML identification. 

SPSD follows the monitoring and reidentification guidelines as stated in Maine DOE Administrative Letter 20 and Guidance on Determining English Learner Status. At any time after exiting, students may be rescreened and reentered into ML status if no longer proficient in English. 

Policies and Procedures

English Language Proficiency (ELP) Screeners 

SPSD follows the Maine Multilingual Learner Identification and Placement Guidance, which requires* the following screeners and thresholds: 

2nd semester 1st grade through 12th grade 

WIDA Screener Online Overall composite proficiency level 4.5 

Parent/Guardian Notification and Rights 

If a student is identified as in need of ESOL services, the parents/guardians should be notified no later than 30 days after the beginning of the school year or within 30 days of the child’s placement in the program, in accordance with the requirements of ESEA. Parents/guardians should be invited to attend and participate in all meetings pertaining to their child and should be notified of all school activities called to the attention of other

families. 

Parents/guardians have the right to refuse ESOL services for their child. A parent who does not want their child to have ESOL services is required to sign a Notice for Parent/Guardian Wishing to Decline ESOL Services, which is then placed in the student’s permanent record. 

However, if a parent/guardian refuses ESOL services, meaningful education must still be provided. When a parent/guardian refuses ESOL services, the refusal of ESOL services must be documented, but it does not release the school from its responsibility for providing meaningful education to the ML. If refusal of ESOL services denies an ML access to a meaningful education, this violates the student’s rights. A parent/guardian cannot refuse “education” and if a student cannot access education without ESOL services, then the school must support the academic learning of the student. If an ESOL program is necessary in order to ensure academic progress, then ESOL services must be provided. 

Further, even if parents refuse services, all identified MLs must still participate in the annual ACCESS for ELLs assessment. Students and families who refuse services or assessment must have a conversation with a building administrator and ESOL teacher or coordinator to review the student’s rights and the responsibilities of the school to educate and assess the student. 

Section 3. Development of Individualized Language Acquisition Programs 

General Service Provision Guidelines 

Overview of Programming 

Programming is designed by ESOL staff, in collaboration with other staff, to meet the needs of each individual student, taking into consideration all aspects of their learner profile. The general service provision amount/frequency above are used as a guideline, but

amount/frequency of service varies to meet individual student needs. The ESOL staff will collaborate with grade-level content teachers and other service providers to determine the instructional combination of services deemed most appropriate for each learner. All MLs must be provided with ESOL services that enable them to meaningfully access the curriculum in order to meet grade-level standards. English language development and content area knowledge are to be acquired simultaneously rather than consecutively. MLs are entitled to ELD services until exiting by demonstrating English language proficiency on ACCESS for ELLs/Alternate ACCESS for ELLs. 

ESOL services are to be provided in a way that minimizes the isolation of MLs from the general student population and encourages MLs to participate in all aspects of the school program, including advanced coursework, career and technical education, gifted and talented programs, and extracurricular activities. 

Within the two general program types (IELD and CALS), MLs may receive services in one or a combination of the following models: 

● Small group ELD instruction: an approach that focuses on explicit English language teaching, using the four domains of reading, writing, listening and speaking. The curriculum teaches the academic language needed to access grade-level content. 

● Sheltered content-based instruction: an approach that integrates English language instruction with content learning, using English as a medium to learn mathematics, science, social studies, and other academic subjects. Some courses are offered in a co-taught model, drawing on the strengths of content teachers and ESOL specialists. Key concepts and vocabulary are aligned with English language proficiency levels. 

● Co-teaching and in-classroom support: an inclusionary delivery model that allows MLs to remain in a mainstream instructional setting, with language and content instructed explicitly and simultaneously. Through this model, students have two teachers, a grade-level content expert as well as an ESOL expert, who strategically plan content and language goals to ensure students have equitable access to both content and language development. Accommodations to the regular curriculum are supported by appropriate instructional materials and the teaching team may use scaffolds and gradual release to build towards grade level content understanding as well as the assurance that students demonstrate progress within the Language Development Standards of each content area. 

● Collaborative Cycle: To ensure students have continued access to grade level content and language development standards, ML Case Managers will use the collaboration cycle to develop curriculum and instruction to ensure that multilingual learners have “meaningful learning experiences and equitable high quality education”. South Portland Schools are committed to using the Collaborative Cycle, as outlined in the May 25th, 2021 Priority Notice. MLs are instructed in English at all times and are expected to meet grade appropriate academic achievement standards with minimal ESOL supports.

Individual Language Acquisition Plan (ILAP) 

Each student’s ILAP will outline a personalized action plan for language development. The ILAP is created by the student’s team of educators and is updated annually. Each year, the ILAP is shared with individual students, parents/guardians and staff directly working with the student. The ILAP is a useful resource which assists all teachers with understanding and effectively meeting the individual student’s needs in terms of: English proficiency levels, Can Do Descriptors, language goals, modifications, and accommodations. 

Multilingual Learners and Special Education 

SPSD is committed to providing equity for all students, from early intervention, response to intervention, referral and identification of services. Through a robust Multi-Tiered System of Support (MTSS), we strive to provide linguistically and culturally responsive core instruction, monitor academic progress, and respond to students’ linguistic, academic, and behavioral needs through consistent and continuous support. 

When a referral to special education is appropriate, we ensure that cultural, linguistic, and experiential factors are taken into account through a collaborative process involving special education, ESOL, and general educators, as well as families. 

Students may qualify for and have legal entitlement to both ESOL and special education services. Appropriate screening is required to determine students’ eligibility for each type of service. Depending on a student’s learning disability and Individual Education Plan (IEP), universal testing tools or accommodations may be needed in order to measure English language proficiency. When evaluating an ML for learning disabilities, screening must be linguistically and culturally appropriate. 

For MLs with IEP teams, the United States Department of Education has provided the following guidance: 

“It is important that IEP Teams for ELs with disabilities include persons with expertise in second language acquisition and other professionals, such as speech-language pathologists, who understand how to differentiate between limited English proficiency and a disability. The participation of these individuals on the IEP Team is essential in order to develop appropriate academic and functional goals for the child and provide specially designed instruction and the necessary related services to meet these goals.” 

SPSD will continue to follow state and national guidelines as they are developed.

Immigrants and International Students 

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin, among other factors, by public schools. SAUs are required under federal law to enroll children regardless of citizenship or immigration status (Plyler v. Doe). This applies equally to immigrant students and international students attending a Maine public school as an exchange student or tuition-paying student. All students, including immigrant and international students, must be screened for ML status. Any student who is identified as an ML, regardless of citizenship or immigration status, is entitled to ELD services and must be administered ACCESS for ELLs® annually. International students are not exempt from Title I required state academic assessments. In Maine, recently arrived MLs who have been enrolled in a U.S. school for less than 12 months are exempt from one administration of the state’s English language arts assessment only. 

SAUs are not permitted to discourage the enrollment of undocumented immigrant children by asking about their immigration status, denying enrollment to those with foreign birth certificates, or denying enrollment to children whose parents decline to provide their social security numbers or race and ethnicity information. Federal regulations allow schools to ask for children’s social security numbers to be used as student identifiers. However, they should inform parents of the purpose and that disclosure of such numbers is voluntary. Schools may not deny enrollment if parents refuse to provide a child’s social security number. SAUs may require proof that a child lives within SAU boundaries, which may include lease agreements, utility bills, or other documents. However, schools may not ask parents about a child’s immigration status to establish residency. SAUs may require proof of a child’s age, but they may not bar enrollment because a child has a foreign birth certificate or no birth certificate. This fact sheet from the Departments of Justice and Education outlines acceptable documentation requests. 

Section 4. Meaningful and Equitable Access to Academic and Extracurricular Programs 

Legal Basis: 34 C.F.R. § 100.1-.2; 20 U.S.C. § 1703(f) 

MLs are entitled to equitable access to all academic and extracurricular programs that their schools offer, such as college preparatory classes, Advanced Placement, dual enrollment, gifted and talented, career and technical education, athletics, academic/career counseling, performing and visual arts, clubs, honor societies, and others. 

Students have equal access to academic and extracurricular activities, including summer programming. Language proficiency levels will not determine a student’s eligibility for such programming and activities. Information about these programs is provided through individual school communication from teachers, district leadership, and other staff and community members. All communications will be provided in a language that is understandable to each

family, in written and/or oral formats. 

Section 5. Equitable Personnel, Facilities, and Materials 

Legal Basis: Title VI of the Civil Rights Act of 1964; 20 U.S.C. § 6826(c); Castañeda, 648 F.2d at 1013 

MLs must be provided with sufficient, qualified teaching staff to meet their language learning and academic content acquisition needs, as well as facilities and materials of comparable quality to those of their non-ML peers. 

ESOL services are provided through qualified ESOL teachers, who are certified through the State of Maine 660 ESOL endorsement. Staffing is adjusted according to need and number of students on teacher caseloads. ESOL teachers are available to consult with mainstream teachers and may also provide professional development to staff when possible. 

ESOL services may be provided by an educational technician who is supervised by an ESOL teacher as long as those services do not supplant the standard curriculum or replace direct services from an ESOL teacher. Educational technicians may provide core ESOL support services only as an emergency, interim measure while the district seeks to secure qualified staffing. If necessary, teachers with conditional certification may be hired if they are actively engaged in obtaining appropriate credentials. 

ESOL teachers maintain a classroom/office space in each building where students who are MLs attend. An ESOL program budget line is used to provide MLs with equitable educational materials, comparable to those of their non-ML peers. Students who are MLs have full access to all educational opportunities and materials provided by SPSD. 

Section 6. Administration of Annual English Language Proficiency Assessment 

Legal Basis: 20 U.S.C. §§ 6311(b)(7) (Title I), 6823(b)(3)(C), (D) (Title III) 

Federal and state laws require that the English language proficiency of all MLs be measured annually as a component of accountability under the Elementary and Secondary Education Act (ESEA). If a student is identified as an ML, that student must be administered ACCESS for ELLs/Alternate ACCESS for ELLs annually until the student demonstrates English language proficiency. The Maine Department of Education defines English language proficiency as an overall composite proficiency level of 4.5 on ACCESS for ELLs or level P2 on Alternate ACCESS for ELLs, as applicable. 

State law requires that ACCESS for ELLs/Alternate ACCESS for ELLs be administered only by an individual trained in its administration. It is not required that the individual be an ESOL

endorsed teacher. 

For dually-identified students that qualify for alternate state academic assessments, WIDA Alternate ACCESS can be considered. SPSD uses the Maine DOE Participation Flow Chart, as well as LAC Team and IEP team input to determine whether or not students would benefit from and be eligible for the WIDA Alternate ACCESS for ELLs. Only those students who qualify for alternative state academic assessments may be administered Alternate ACCESS. 

Section 7. Exit and Monitoring 

Legal Basis: 20 U.S.C. §§ 6311(b)(7) (Title I), 6823(b)(3)(C), (D) (Title III) 

In order to exit from ESOL services, a student must demonstrate English language proficiency. The Maine Department of Education defines English language proficiency as an overall composite proficiency level of 4.5 on ACCESS for ELLs or level P2 on Alternate ACCESS for ELLs, as applicable. No other measure qualifies an ML for exit. While the district may choose to continue to provide language support services to students who have demonstrated English language proficiency, such students are no longer classified as MLs and are no longer administered ACCESS for ELLs/Alternate ACCESS for ELLs. 

As mentioned previously, SPSD follows the monitoring and reidentification guidelines as stated in the Maine DOE Administrative Letter 20 and Guidance On Determining English Learner Status. “After an EL demonstrates English language proficiency by attaining a CPL of 4.5 or higher on ACCESS for ELLs, federal and state regulations require that schools monitor the student’s academic progress for four years. If during or after that four-year period a continued need for English language acquisition services becomes apparent, the student must be provided services. Students who have previously exited English learner status may experience a change in English proficiency level at any time. It is essential to monitor the performance of such students in order to ensure that any student who needs English language acquisition support services receives them.” 

Section 8. Ongoing Program Evaluation 

Legal Basis: Castañeda, 648 F.2d at 1014-15 

SPSD strives to provide an equitable and high-quality educational program for all MLs. The effectiveness of ESOL teachers is assessed annually through the district-wide process of teacher evaluation. Longitudinal data collection and analysis methods are provided as needed via the Comprehensive Needs Assessment to ensure that long-term outcomes are comparable to those of students who were never MLs. The following ML data will be reviewed annually, and program modifications will be made as necessary: • State and local academic assessment scores 

• Graduation rate

• ML status exit rate 

• Participation in advanced coursework (college prep, AP) 

Section 9. Meaningful Communication with Parents/Guardians 

Legal Basis: Title VI of the Civil Rights Act of 1964; Titles I and III of the Elementary and Secondary Education Act of 1965 

Families not only have a right to meaningful communication, but also SPSD recognizes families as an essential partner in the education of their children. Communication must be two-way, asset-based, and culturally responsive in order to fully engage families. Engaged families are a key to success for individual students and the community as a whole. 

Therefore, SPSD ensures meaningful communication with families in a language they can understand through a variety of means, including on-staff multilingual specialists, on-demand video and phone interpretation, contracted interpretation and translation services, and automated translation of school communications through an online platform. 

Parents/guardians of students who are MLs are notified about any program, service, or activity of the school district or individual schools. Per the Dear Colleague Letter, under civil rights law schools must identify the interpretation/translation needs of all parents/guardians. SPSD does this through the multilingual intake process as part of the student and family intake interview. 

The essential communication provided to parents/guardians includes but is not limited to information regarding: 

● federal programs 

● ESOL programs 

● special education and related services 

● IEP meetings 

● grievance procedures 

● notices of nondiscrimination 

● student discipline policies and procedures 

● registration and enrollment 

● report cards 

● permission slips 

● parent/guardian-teacher conferences 

● parent/guardian handbook 

● gifted and talented programs 

● magnet and charter schools 

● health and wellness information provided by the district 

● any other school and program choice options

Section 10. Lau Plan Review 

SPSD conducts annual review of the Lau Plan to ensure alignment with updated federal and state policies, as well as to ensure that it reflects current practices and procedures within the district. The review process will be led by the Director of Multilingual Programs, in collaboration with other staff and community stakeholders as needed. The Lau Plan will be shared annually with the School Board for its awareness near the beginning of each academic year.

IHBG - HOME SCHOOLING

Parents/guardians who wish to have their children fulfill the compulsory school attendance law through equivalent education by home schooling must comply with the provisions of 20-A MRSA § 5001-A(3)(A)(4).

A. The student’s parent/guardian must provide a written notice of intent to provide home instruction simultaneously to the Superintendent of the school unit in which the student resides and to the Commissioner of the Department of Education within ten calendar days of the beginning of home instruction. The notice must contain the following information:

1. The name, signature and address of the student’s parent/guardian;

2. The name and age of the student;

3. The date the home instruction program will begin;

4. A statement of assurance that indicates the home instruction program will provide at least 175 days annually of instruction and will provide instruction in: English and language arts, math, science, social studies, physical education, health education, library skills, fine arts, and, in at least one grade from grade 6 to 12, Maine studies. At one grade level from grade 7 to 12, the student will demonstrate proficiency in the use of computers; and

5. A statement of assurance that indicates that the home instruction program will include an annual assessment of the student’s academic progress that includes at least one of the forms of assessment described in 20-A MRSA § 5001-A(3)(A)(4)(b) and paragraph B below.

B. On or before September 1 of each subsequent year of home instruction, the student’s parent/guardian must file a letter with the Superintendent of the administrative unit in which the student resides and to the Commissioner stating the intention to continue providing home instruction and enclose a copy of one of the following forms of annual assessment of the student’s academic progress:

1. A review and acceptance of the student’s progress by an identified individual who holds a current Maine teacher’s certificate;

2. A review and acceptance of the student’s progress based on, but not limited to, a presentation of an educational portfolio of the student to a local area home schooling support group whose membership for this purpose includes a currently certified Maine teacher or administrator; or

The Superintendent must agree to any of the following options prior to submission of the written notice of intent to provide home instruction.

3. A standardized achievement test administered through the administrative unit in which the student resides or through other arrangements approved by the Commissioner. If the test is administered through the administrative unit in which the student resides, that administration must be agreed to by the Superintendent of the administrative unit prior to submission of the
written notice of intent to provide home instruction;

4. A test developed by the Superintendent/designee of the administrative unit in which the student resides appropriate to the student’s home instruction program, which must be agreed to by the Superintendent of the administrative unit prior to submission of the written notice of intent to provide home instruction;

5. A review and acceptance of the student’s progress by a local advisory board selected by the Superintendent of the administrative unit in which the student resides that includes one administrative unit employee and two home instruction tutors. A “home instruction tutor” means the parent/guardian or other person who acts or will act as a primary teacher of the student in the home instruction program. This provision must be agreed to by the Superintendent of the administrative unit in which the student resides prior to submission of the written notice of intent to provide home instruction.

C. Dissemination of any information filed under 20-A MRSA § 5001-A(3)(A) (which applies to alternatives to attendance at public day school, including home schooling) is governed by the provisions of 20-A MRSA § 6001 (dissemination of information); the federal Family Educational Rights and Privacy Act of 1974, 20 USC § 1232g (2002); and the federal Education for All Handicapped Children Act of 1975, 20 USC § 1401-1487 (2002), except that “directory information” as defined by the federal Family Educational Rights and Privacy Act (FERPA) is confidential and is not subject to public disclosure unless the parent/guardian specifically permits disclosure in writing or a judge orders otherwise. Copies of any information filed under 20-A MRSA § 5001-A(3)(A) must be maintained by the student’s parent/guardian until the home instruction program concludes. The records must be made available to the Commissioner upon request.

D. If the home instruction program is discontinued, students of compulsory school age must be enrolled in a public school or an equivalent instruction alternative as provided for by law. The receiving school shall determine the placement of the student. At the secondary level, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards of Maine’s system of Learning Results.

The Board accepts no responsibility for the unit in the application, review, approval, or oversight of home instruction programs except as provided for by law or this policy.

Participation by home-schooled students in the public school program shall only be permitted as described elsewhere in Board policy.

The Superintendent shall maintain a roster of all students eligible to attend school within the school unit who are receiving equivalent instruction, as provided in Department of Education rules.

Legal Reference: 20-A MRSA§ 5001-A(3)
Ch. 125 § 12.02, Ch. 130 (Me. Dept. of Ed. Rules)

Cross Reference: JEA – Compulsory School Attendance
IHBGA – Home Schooling—Participation in School Programs
IHBGB – Special Education Services for Students in Private Schools or Home Schooling
JGAB – Assignment of Students to Classes: Transfer Students and Home-Schooling Students

Adopted: February 9, 2004

Revised:  February 10, 2021

IHBGA - HOME SCHOOLING-PARTICIPATION IN SCHOOL PROGRAMS

The South Portland School Board acknowledges the provisions for equivalent instruction under Maine law. The Board further observes the Legislature’s recognition, “that the term ‘equivalent’ is intended to mean meeting state standards, for alternate or other instruction and is not intended to mean the same as the education delivered in the public school system.”

In addition it is the intent of the Board to “cooperate in the home instruction of any child who resides in the school administrative unit to the degree that the level of cooperation does not interfere with the responsibilities to the students enrolled in South Portland’s regular programs.” Furthermore, participation of students in such programs shall be limited to home-schooled students whose home instruction programs are in compliance with applicable Maine law and Department of Education regulations. In order to maintain an efficient and orderly school program, the Board directs the Superintendent/designee to develop procedures, as appropriate, regarding the availability of school system resources and services in support of equivalent instruction programs that have been approved by the Commissioner. The procedures shall be in accord with the following provisions:

Provision of Information

At the request of the student or the student’s parent/guardian, the South Portland School Department shall make available to home-schooled students, in a form determined by the school, information regarding access to public school activities and attendance in South Portland schools. This information must include:

A. Requirements regarding initial health and developmental screening for motor skills, vision, hearing and immunization; and

B. Criteria for participation of home-schooled students in curricular, co-curricular and extracurricular activities.

Permitted Participation

A. Participation in Regular Classes. Home instruction students may enroll in specific day school classes provided that the student’s attendance is regular, the class is deemed age and grade appropriate, and all prerequisite course requirements are met. In addition, the following shall also apply:

1. The student or the student’s parents/guardian, on the student’s behalf, shall apply in writing to and receive written approval from the Superintendent/designee. Approval may not be unreasonably withheld.

1. The student shall demonstrate prior satisfactory academic achievement consistent with school district policy and procedures applicable to all students.

1. The student shall comply with behavioral, disciplinary, attendance and other classroom rules applicable to all students. If a student fails to comply, the school may withhold credit or terminate the student’s participation.
1. Transportation must be provided by the parent or guardian or student. However, the student may use the same transportation, using the same distance guidelines, as all other students in the school district, as long as additional expenses are not incurred and vehicle capacity is not exceeded.

1. The student shall complete all assignments and tests as required of all students in the same class.

B. Course Auditing. Home-schooled students may audit a course(s) provided the following conditions have been met.

1. The student or the student’s parent/guardian, on behalf of the student, shall apply in writing to and receives written approval from the Superintendent/designee to audit a specific course or courses. Participation may not be unreasonably withheld.

1. The student agrees to meet established behavioral, disciplinary, attendance and other classroom rules applicable to all students. If a student fails to comply, the school may terminate participation.

Special Education Services

Special Education Services will be available to eligible special education students in accordance with applicable federal and state laws and regulations.

Admission to Regular Program/Placement

A student who has been receiving home-school instruction and who seeks admission to the regular school program will be placed in a grade commensurate with the level of the student’s academic achievement. Placement must be guided by the following:

A. For students who transfer into school from an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the student’s prior educational experience in considering a placement decision.

B. Appropriate school staff may make recommendations concerning placement based on, but not limited to, factors such as the student’s completed curricula and record of achievement, conferences with the student’s parent or guardian, and administration of tests.

C. The final grade placement decision shall be made by the principal. The principal’s decision may be appealed to the Superintendent, whose decision shall be final.

Re-Admission to the School Program

Placement of home-schooled students who wish to be readmitted to the school program will be determined by the principal who shall consult with members of the professional staff to the extent appropriate and, as deemed necessary to make a reasonable determination that the requisite academic standards have been met, collect from parents actual samples of coursework (e.g., homework, papers, examinations). The principal may also direct that a test or tests be administered to help determine the student’s progress toward meeting the content standards of the Learning Results for the purpose of determining an appropriate grade level. The decision of the principal may be appealed to the Superintendent.

Use of School Textbooks and Library Books

Subject to availability, a student receiving home instruction may use school textbooks, if the number of particular copies are sufficient, and the library books owned by the South Portland School Department, subject to the following conditions:

A. The use does not disrupt regular student, staff or special education functions.

B. The student’s sign-out period for a library book is the same as that applicable to regularly enrolled students. Penalties for late returns shall be the same as for regularly enrolled students.

C. The student may sign out a textbook for a period not to exceed one school year.

D. The parent/guardian and student agrees to reimburse the school unit for lost, unreturned or damaged library books and textbooks and for consumable supplies used.

Use of School Facilities and Equipment

A student receiving home-school instruction may use school facilities and equipment on the same basis as regularly enrolled students if the following conditions are met.

A. The use does not disrupt regular school activities.
B. The use is approved by the school principal in accordance with established school policy.

C. The use does not create additional expense to the school district.

D. The use is directly related to the student’s academic program.

E. The use of potentially hazardous areas, such as shops, laboratories and gymnasiums, is supervised by a qualified employee of the school unit, approved and assigned by the Superintendent.

Maine Educational Assessment

If a parent of a student in an equivalent instruction program requests, in accordance with policy IHBG, to have the student participate in the Maine Educational Assessment (MEA), such request must be granted. Participation in such examinations must be in compliance with all rules and procedures governing testing in the South Portland School Department.

Awarding Proficiency
For students who transfer from a home-schooling situation that is not aligned with South Portland High School’s cross-curricular and content area graduation standards, Guidance and the Principal shall evaluate the value of the student’s prior educational experiences and determine to what degree the student has met the school’s graduation requirements. After enrolling in South Portland High School, these students will need to satisfy all assessment, proficiency, and graduation requirements in the appropriate subject areas, as determined by Guidance and the Principal. The decision of the Principal shall be final. The Superintendent will ultimately determine whether these students are eligible to receive a diploma.

Diploma Eligibility

The following standards govern the awarding a diploma to a student receiving home-school instruction who seeks admission or readmission to high school.

A. A student may earn credit for course work completed through home-school instruction if the principal determines both in advance and upon completion of the course that the course satisfies the proficiency requirements. The principal may direct that the student undergo a test or tests to assist in making a determination relative to the awarding of credit.

B. Requests for transfer credit for equivalent instruction completed at non-approved private schools, at private schools that elect not to meet requirements under 20-A MRSA § 2901 or through other equivalent instruction programs must be evaluated on the merits of the documentation provided. The principal and guidance staff shall conduct these evaluations on request by the student or the student’s parent/guardian.

C. For students who transfer into a secondary school from another state or an educational program that is not required to meet the standards of the system of Learning Results, the principal of the receiving school shall determine the value of the prior educational experience toward meeting the standards through the local assessment system.

D. Students must be enrolled their entire final year prior to graduation and satisfy all other requirements established by the Board.

Awarding of a high school diploma by the South Portland School Department is conditioned upon the student having met the content standards of the applicable content areas of the system of Learning Results as determined by the local assessment system and the student’s demonstration of having satisfied all requirements specified by Board policy.

Participation In Co-Curricular Activities

Students receiving home-school instruction may participate in co-curricular activities such as field trips, assemblies, and academically-related fairs provided:

A. Prior written permission is obtained from both the parent/guardian and the principal; and

B. The student has agreed to meet established behavioral, disciplinary, attendance and other rules applicable to all students.

C. The student may be assessed for the cost of the field trip.

D. Participation may be limited by space availability.

Participation in Extracurricular Activities

Students receiving home-school instruction are eligible to try out for extracurricular activities sponsored by the South Portland School Department, provided the student applies in writing if the following requirements are satisfied

A. The student agrees to abide by equivalent rules of participation as are applicable to regularly enrolled students participating in the activity and provides evidence that the rules of participation are being met.

B. The student complies with the same physical examination, immunization, insurance, age and semester eligibility requirements as regularly enrolled students participating in the activity. All required documentation must be made available upon request by the South Portland School Department. The school principal is authorized to collect from parents actual samples of coursework (e.g., homework, examinations, etc.), as he/she deems necessary in order to make the determination that the necessary academic standards have been met.

C. The student meets equivalent academic standards as those established for regularly enrolled students participating in the activity and provides evidence at the end of each quarter that the academic standards are being met. The principal will determine that the work completed by the home-schooled student is equivalent. This evaluation must be based on the merits of the documentation provided. Approval may not be unreasonably withheld.

D. The student abides by the same transportation policy as regularly enrolled students participating in the activity.

Appeals

Appeals will be heard by the Superintendent. The decision of the Superintendent is final and binding. Appeals that question the Board policy compliance with legal requirements must be made to the Commissioner, whose decision is final and binding.

Cross Reference: IHBGB – Special Education Services for Students in Private Schools or Home Schooling
IHBG – Home Schooling

Legal Reference: 20-A MRSA §§ 5001-A (3), 5021-5025
Chapter 127 §§ 5.03, 6.02, 7.02 (Maine Department of Education Rules)
Ch. 130 (Maine Department of Education Rules)

Adopted: June 8, 1992
Revised: December, 1996
Revised: November 13, 2002
Revised: February 9, 2004

Revised: July 13, 2015

Revised: February 10, 2021

IHBGB - SUPPLEMENTAL STATEMENT OF RIGHTS FOR PRIVATE SCHOOL/HOME SCHOOLING STUDENTS WITH DISABILITIES

If you are a parent of a child with disabilities, or suspect that your child may have a disability that is covered by state or federal special education laws, and your child is in a private school or an approved home schooling program, you have the following rights:

A. A parent/guardian has the right to have his/her child located, identified and evaluated by the South Portland School Department as a possible special education student, including referral of the student to a Pupil Evaluation Team (PET) to determine whether the student qualifies as a special education student. The South Portland School Department Child Find and referral obligations toward the student while he/she is in a private school/home school program are the same as for students enrolled in South Portland public schools.

B. Students with disabilities enrolled in private schools or in home schooling programs do not have an individual right to special education and related services while enrolled in the private school or home schooling program.

C. The South Portland School Department has an obligation to consult with representatives of private school and home schooling students with disabilities on how to carry out the South Portland School Department’s duty to locate, identify and evaluate all private school/home schooling students with disabilities and also to consult in a timely way on:

1. Which students will receive services;

2. What services will be provided;

3. How and where the services will be provided; and

4. How the services will be evaluated.

D. The South Portland School Department has a duty to expend on the pool of identified private school/home schooling students with disabilities an amount that is at least the proportion of the district’s grant under §1411 (g) of the IDEA as the number of school age private school/home schooled students with disabilities in South Portland is to the total number of school age students with disabilities in South Portland.

E. South Portland School Department shall make the final decisions with respect to the services to be provided to eligible private school/home schooling students with disabilities.

F. For any private school/home schooling student with a disability that the South Portland School Department decides that it will provide services, the South Portland School Department shall initiate and conduct a meeting of the PET to develop, review and revise a services plan detailing the special education and related services to be provided and including goals for measuring the outcome of such services. To the extent appropriate, the Team shall develop the services plan in a manner consistent with development of an Individualized Education Program.

G. Parents may file a complaint with the Maine Department of Education, Division of Special Services (287-5950) alleging that the South Portland School Department has failed to comply with any of its obligations toward private school/home schooling students. Parents have a right to a due process hearing from the Maine Department of Education only on issues relating to the South Portland School Department duty to locate, identify and evaluate all private school/home schooling students with disabilities.

H. As a resident of South Portland, the parent/guardian has a right to enroll his/her child in the local public school. If at any time the parent chooses to do so and his/her child is a student with a disability, the PET will meet to review and/or develop an IEP for implementation upon enrollment of the child in public school. If the child is enrolled in public school, the parent/guardian and his/her child are entitled to all the rights set forth in the South Portland School Department’s attached special education Statement of Rights.

I. If a parent would like a complete copy of the state and federal regulations addressing the duties of the South Portland School Department toward private school/home schooling students with disabilities, he or she should contact the special education office at the South Portland School Department or the Maine Department of Education, Division of Special Services (287-5950). If a parent has any concerns about his/her child, written concerns should be addressed to:

Director of Special Education
South Portland School Department
130 Wescott Road
South Portland, Maine 04106
A parent may also telephone the Office of Special Education at 871-0555.
Questions may also be addressed to the Maine Department of Education, Division of Special Services,
at 287-5950.

Legal Reference: 20 USC § 1412(a)(10)
34 CFR § 300.450-.462 (March 1999)
Me. Dept. of Ed. Reg. ch. 101 § 4.7 (Nov. 1999)

Adopted: July 8, 2002

IHCDA - Post-Secondary Enrollment Options

The Intent of this policy is to establish the requirements for student enrollment in post-secondary courses taken before high school graduation.

Eligible Institutions

Students may take courses at eligible post-secondary institutions within Maine, which include the University of Maine System, the Community College System, and Maine Maritime Academy.

Student Eligibility Requirements

A student may take no more than two courses per semester and four courses per academic year, unless said requirements is waived by the school principal.

A student must meet the following criteria prior to enrolling in a post-secondary course:

Note: The following are statutory requirements:

A.    Have a minimum “B” average (or 3.0 on a scale of a 4.0) in his/her courses overall;

B.    Meet the course admission standards of the eligible institution;

C.    Provide evidence of parent/guardian approval for taking the course; and

D.    Obtain approval from the principal and guidance counselor.  The student must meet with his/her guidance counselor to develop a plan describing how the course will help the student meet graduation requirements in order to obtain approval.

Exceptions to Eligibility Requirements:

A student enrolled in grade 11 or 12 who does not meet the “B” (3.0) average in his/her courses overall is eligible to take post-secondary courses provided that he/she;

A.    Has been assessed and received a recommendation to take the course from the school administration; and

B.    Has been approved for participation in the course by an eligible institution.

Awarding of Credits:

The eligible institution shall grant full credit to any student who successfully completes a course.

High school graduation credit for a course taken under this policy shall be awarded as follows:

A.    The course must meet for a minimum of one semester.

B.    The student must earn a passing grade in the course.

C.    Attendance must satisfy the instructor’s requirements.

D.    If the above criteria are met, the student shall receive one(1) credit for each course awarded college credit.

Financial Assistance:

A.    South Portland School Department does not pay the cost of tuition or fees associated with college courses. The Maine Department of Education provides full tuition waivers to the Maine public university and community college system. Subject to availability, student tuition costs can be met in this way.

B.    The student and his/her parent/guardian are responsible for paying for all textbooks, course fees, and transportation costs.

School Reporting Requirements:

The Superintendent shall ensure that information concerning post-secondary enrollment options is made available to parents and students.

Legal Reference:  20-A MRSA § 4771 et seq.

Adopted:                    August 14, 2000

Revised:                    October 10, 2007

Revised:                    March 9, 2020

IIA - INSTRUCTIONAL MATERIALS

All textbooks, supplies, materials and equipment shall be judged in light of their contribution to the educational needs of the students. They shall be requisitioned through the school department, subject to the approval of the Superintendent of Schools, within the limits established by the annual budget.

General instructional supplies including paper, pens, pencils, art materials, standardized tests, science laboratory supplies, physical education supplies, etc., which are considered essential to instruction in the schools, shall be furnished without charge to students.

Industrial Technology supplies, including lumber, shall be furnished without charge to all students for their regular class projects. Materials used for personal projects shall be paid for by the students.

Materials for music instruction for choruses, bands, orchestras and ensembles, shall be furnished without charge to students.

Legal Ref: Title 20-A MRSA Section 1001
Adopted: Prior to 1986
Revised: May, 2001
Revised: July 8, 2002

IIBAB - EDUCATIONAL TECHNICIANS

The Board of Education authorizes the hiring of educational technicians to the extent funds are allocated in the school budget. Educational Technicians work in the South Portland schools assisting teachers, department heads, and librarians.

Adopted: Prior to 1985
Revised: June 2001

IICA - EDUCATIONAL FIELD TRIPS AND EXCURSIONS

Field Trips:

Field trips designed to stimulate student interest and inquiry and provide opportunities for students to achieve the outcomes of the curriculum are considered appropriate extensions of the classroom.

* To be educationally beneficial, a field trip requires thoughtful selection, careful advanced preparation of the class, and opportunities for pupils to assimilate the experience during and at the conclusion of the trip. To this end, the following factors will be considered in the selection of field trips.

A. Value of the activity to the particular class group or class groups;
B. Relationship of the field trip activity to a particular aspect of classroom instruction;
C. Suitability of the activity and distance traveled in terms of the age level;
D. Mode and availability of transportation; and
E. Cost

* A field trip is defined as a trip which does not involve an overnight stay.

* All students in the class or grade for whom the field trip is planned are expected to be included in the trip.

* All requests for educational field trips shall be processed by the building principal who will be responsible for arranging transportation with the Director of Transportation. A copy of the completed request form shall be filed with the Superintendent of Schools.

Excursions:

An excursion is defined as travel organized and conducted by an employee of the South Portland School District as a nonessential supplement to the curriculum.

K-8 Excursions – At the K-8 grade levels, excursions are connected to involvement in a club, activity or sport. Travel may not involve an overnight stay

9-12 Excursions – At grades 9-12 excursions are connected to involvement in a Grade 9-12 club, activity or sport, by 9th-12th grade students. Travel may or may not involve an overnight stay.

*It is the policy of the Board of Education to discourage trips requiring extensive travel, extended absence from school, or excessive costs.

*Excursions should be scheduled after regular school hours, on weekends, or during vacations whenever possible.

*In an attempt to lessen the impact on teaching and learning, every effort will be made to secure a qualified substitute to cover any teaching duties that are impacted by staff involvement in the excursion. The teacher involved will provide plans that continue to further the education of the classroom.

Cross Reference: IGCB – Travel Tours
Cross Reference: IICA-R – Medication-Field Trip Regulations
First Aid Policy
Accident Policy
Bloodborne Pathogens Policy
Minor Urgent Care Guidelines for use in nurse’s absence
Revised: December 11, 1972
Revised: April 11, 1977
Revised: March 4, 1992
Revised: May, 2001
Revised: May, 2002
Revised: July 8, 2002
Revised: February 14, 2005

IICA-R - REGULATION FOR MEDICATION ADMINISTRATION ON SCHOOL FIELD TRIPS

(from MAINE BOARD OF PHARMACY & MAINE STATE BOARD OF NURSING)

1. Any unlicensed personnel administering medications must hold documentation of their training in the administration of medication, including personnel administering medication on a field trip.

2. There must be written permission from the parent/guardian providing consent to administer the medication in school and a written physicians order and/or an appropriately labeled original medication container.

3. Either a standardized preprinted medication label or preprinted envelope containing the information described below or medication in its original container will be used for students attending a field trip.

4. When using a preprinted label or preprinted envelope, the school nurse shall transfer the prescribed amount of medication needed for the field trip from the original medication container into the approved envelope and fill in the appropriate information on the envelope.

5. The envelope will be provided to the trained personnel for administration during the trip. The school nurse will provide a review of the medication and its administration to the trained personnel on an as needed basis. All trained personnel administering medication must understand what to do in an emergency.

6. The medication will be transported and stored in compliance with any special directions for the medication and will be secured as safely as possible.

7. The administration of medication on a field trip will duplicate as much as possible, the guidelines found in the “Guidelines for Training of Non-Licensed Personnel in Medication Administration” This will include consideration of student privacy and cleanliness of area where medications are administered.

8. Medication will be administered to the student to assure that the right student receives the right mediation, with he right dose, at the right time, by the right route. The trained personnel administering the medication will double check the student with the medication label and will double check the dose. The medication will be given within 30 minutes either side of the prescribed time.

9. Each school district will develop a method of documenting medications administered on the field trip, recording any unexpected occurrences, and a method of returning any medication not administered.

The medication envelope or label will contain the following information:
1. Date to be administered

2. Name of student

3. Name of medication

4. Dose to be given

5. Time to be given

6. Physician prescribing the medication

7. Special directions

8. Phone number of school nurse

9. Emergency directions

IICA-R1 - EDUCATIONAL FIELD TRIPS AND EXCURSIONS ADMINISTRATIVE PROCEDURES

The following procedures apply to all field trips:

A. Field trips should be planned well in advance as part of the curriculum.
B. Parents will be informed in writing regarding field trip plans.
C. When transportation is necessary, written consent of the parent or guardian shall be received prior to the field trip.
D. Supervision will be provided to maintain appropriate discipline on the trip.
E. It is the expectation that all School Board policies will be followed while on field trips.

The following procedures apply to all excursions:

A. Excursions which require overnight stays shall be submitted to the Superintendent of Schools for approval.
B. Educational excursions outside the continental United States shall be submitted to the Superintendent of Schools for approval by the Board of Education.
C. Excursions requiring Superintendent of Schools or Board of Education approval must submit a proposal prior to travel including the following:

a. Objectives of the excursion
b. Number and grade level of students
c. Cost per pupil
d. Source of funds, including student contribution or fund-raising activities
e. Transportation to be used
f. Itinerary including dates of the trip and contact information for the trip leader
g. Arrangements for meals and lodging
h. Names of proposed chaperones
i. Plans for providing information to parents and chaperones
j. Plans for emergencies
k. Plans for inclement weather
l. Plans for securing parental permission
m. Behavior expectations/student accountability for behavior

D. Whenever transportation is necessary, written consent of the parent or guardian shall be received prior to the excursion.
E. Should transportation be provided by other than public conveyance, the principal shall investigate and be satisfied that proper liability insurance is provided before allowing the trip to commence.
F. It is the expectation that all School Board policies shall be followed while on excursions.

IICC

IICC - SCHOOL VOLUNTEERS

It shall be the policy of the Board of Education to provide an organizational structure for volunteers to assist professional staff in the daily function of the schools. It is the responsibility of the Director of Community Partnerships to administer the recruitment, screening and training for the program. The guidelines are developed in conjunction with the Office of the Superintendent of Schools. It is the responsibility of the Director of  Community Partnerships to record in a confidential google doc, viewable by staff the date of every volunteer’s training, completion of application and background check.

Volunteers are to understand that all school activities are under the direct supervision of the school staff. The duties of volunteers are to be specifically detailed and are not to be confused with those of professional personnel. No volunteer shall ever perform the job of a paid employee. All volunteers must complete a Volunteer Training designed by the South Portland School Department to be appraised of these topics, as well as other best practices for being in South  Portland schools. In keeping with articulated safety standards and concerns for student welfare, all persons who volunteer in South Portland schools must submit a Volunteer Application every school year. On the application, volunteers must, with their electronic submission, agree to:

●       Comply with the rules of confidentiality;

●       Attest they have not been convicted or adjudicated in a criminal offense and there are  not currently charges pending against them in Maine or in any other state;

●       Comply with the South Portland Board of Education policies GBEC Drug Free Workplace and GBEBB Conduct with Students;

As of the start of the 2020/2021 school year all classroom based, school based and field trip chaperones must submit to a background check. All volunteers will be vetted through searches through state of Maine and national sex offender registries, state of  Maine criminal history registry as well as state of Maine prisoner/probation searches.  The exceptions to this guideline are as follows:

●       Anyone currently employed by SPSD or other Maine school district with a current  CHRC will not be subject to a background check, and will not be required to attend a Volunteer Training.

●       Individuals who hold a current CHRC who are not currently employed, are not subject to a background check, but will need to provide a copy of their CHRC and to attend a Volunteer Training. 

●       Guest Readers and Guest Presenters are considered visitors to the school and under the supervision of a school employee and do not need to attend a Volunteer Training and are not subject to a background check. 

The following tiered system exists for the safety of our students and volunteers:

●       General volunteers will be screened using the above practices.

●       Students from accredited post secondary programs who do not hold a current CHRC will be subject to background check and Volunteer Training.

●       Students from the South Portland Schools wishing to volunteer, or students from  neighboring schools will not be subject to background checks, but must complete  a Volunteer Application and attend a Volunteer Training. 

Visitors are encouraged to visit the schools. In the interest of student welfare, all visitors  to South Portland Schools must register their presence in the sign-in notebook in the  school office, and wear a school-supplied identifying badge while in the school.

The Superintendent of Schools may also request public participation on committees that  affect the development of school programs.

The Superintendent of Schools may terminate a volunteer at any time if determined to  be in the best interest of the school department.

Adopted: April 14, 1975

Revised: January 4, 1978

Revised: June, 2001

Revised: July 8, 2002

Revised: September 8, 2014

Revised: July 13, 2020

Revised: December 12, 2022

INSTRUCTIONAL AND LIBRARY-MEDIA MATERIALS SELECTION

The Board is legally responsible for all matters relating to the operation of the schools, including the provision of instructional materials and maintenance of library-media resources that support the school system’s curriculum. 

While the Board retains its authority to approve the selection of instructional materials, it recognizes the educational expertise of its professional staff and the need for such staff to be involved in the recommendation of instructional materials.  The Board delegates responsibility for the selection of instructional materials and library-media resources to the professionally trained personnel employed by the school system, subject to the criteria and procedures for selection and the Board’s policy on challenged materials as described below. 

With the assistance of professional staff, the Superintendent shall establish a system for the selection of instructional materials, including procedures to establish an orderly process for the review and recommendation of instructional materials.  The Superintendent will be responsible for overseeing the purchase of instructional materials within budgetary parameters set by the Board.   The Board expects the Superintendent to report on progress made in aligning instructional materials with curriculum development and evaluation in support of the content standards contained in Maine’s system of Learning Results.

Each school shall maintain a library-media program that includes books and other print materials, multimedia materials, online Internet resources and information technology that support the curriculum. A certified library-media specialist will be responsible for overseeing the library-media program, under the supervision of the Superintendent.  As with instructional materials, the Board delegates responsibility for selection of library-media materials and technology and Internet resources to the school system’s professionally trained staff, subject to the criteria and procedures for selection and the Board’s policy on challenged materials described below.

Definitions

“Instructional materials” include textbooks and other print materials, software and other electronic materials, online/Internet resources (including access), and supplies and other materials to support instruction in subject areas and implementation of the system of Learning Results. 

“Library-media resources” include books, print materials, online/Internet resources (including access), multimedia materials and information technology that, as part of the library-media program, support the school system’s curriculum.

Objectives of Selection

The Board recognizes that it is the primary objective of instructional materials to implement and support the curriculum, and of library-media resources to extend and enrich the educational programs of the schools.  Quality instructional materials and library-media resources are essential to student learning.  In preparing students to meet the content standards of the Learning Results, in supporting the achievement of the school unit’s educational goals and objectives, and in providing enrichment opportunities that expand students’ interests and contribute to a desire for lifelong learning, it is the responsibility of the instructional program and the library-media centers of the schools to provide a wide range of materials on all levels of difficulty, with diversity of appeal and the presentation of different points of view, and to place principle above personal opinion and reason above prejudice in selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library media center. 

Criteria for Selection

Instructional and library-media materials selected should:

A.        Support achievement of the content standards of the Learning Results;

B.        Support the goals and objectives of the school system’s educational programs;

C.        Enrich and support the curriculum;

D.        Take into consideration the varied interests, abilities, and maturity levels of the students served;

E.         Foster respect and appreciation for cultural diversity and varied opinions acknowledging significant contributors of diverse ethnic, religious, gender, and cultural groups to all fields of study.

F.         Provide a comprehensive, accurate and engaging collection that enables students to develop a capability for critical analysis through equitable access to a broad range of perspectives and experiences;

G.        Present a balance of opposing sides of controversial issues to enable students to develop a capability for critical analysis;

H.        Stimulate growth in factual knowledge, literary appreciation, aesthetic values and ethical standards;

I.          Provide a background of information that will enable students to make intelligent decisions in their daily lives; and

J.                   Respect the constraints of the school unit’s budget.

Other factors that should be considered are accuracy and currency of material; importance of the subject matter; scholarship; quality of writing and production; and reputation and significance of the author, artist or composer.

In evaluating software, multimedia materials and online/Internet resources, additional factors that should be considered include purpose for use; content; format (degree of interactivity or student involvement); appropriate use of graphics, sound and animation; feedback provided; and ease of use.

Procedures for Selection

Meeting the needs of the individual schools, based on knowledge of the curriculum and the existing collections of instructional and library-media materials, shall be the highest priority.  Basic learning materials, i.e., those that are the predominant instructional materials used by most members of the class, are used for a significant portion of the course or receive major emphasis during a course, or are essential to student achievement of content standards of the Learning Results are to take priority in the selection process.

Before recommending materials for purchase, professional staff should evaluate the existing collection, consulting reputable, unbiased, professionally prepared selection aids and specialists from all departments and/or all grade levels.

Social studies and science textbooks should not be older than five years unless up-to-date supplemental instructional materials are also available.

Whenever possible, purchase of non-print materials and multimedia, Internet and digital resources shall be made only after personal evaluation by the librarian/media specialist and/or other appropriate professional staff.  Reviewing aids may be used in lieu of personal evaluation. 

Multiple copies of outstanding and much-in-demand materials should be purchased as needed.  Worn or missing standard items should be replaced periodically.  Out-of-date or no-longer-useful materials should be withdrawn from the collection/circulation.

Donated Materials

Gift materials are to be evaluated by the same criteria as purchased materials. and are to be accepted or rejected by those criteria and in accordance with Board policy on gifts and donations.

Parental Authority

A student’s parent/guardian may inspect, upon request, any instructional material used as part of the curriculum.  The Superintendent will be responsible for developing and implementing procedures for providing access to instructional material within a reasonable time after such a request is made.

The Board recognizes that the final authority as to what materials an individual student will be exposed rests with that student’s parents or guardians.  However, at no time will the wishes of one child’s parents to restrict his/her reading or viewing of a particular item infringe on other parents’ rights to permit their children to read or view the same material.

Library-media center materials will not be removed from the collection because of criticism except in accordance with Board policy.

Challenged Materials

Despite the care taken to select materials for student and teacher use and the qualifications of the persons who select the materials, the Board recognized that objections may be raised occasionally by students, parents, school staff or other members of the South Portland community. Members of the South Portland community include residents of South Portland and parents or guardians of students currently enrolled in South Portland schools.

In the event a complaint is made, the following procedures will apply:

A.        The complaint shall be heard first by the person providing the materials in question.

B.        If the complaint is not resolved, the complainant shall be referred to the building Principal and requested to fill out the “Instructional and Library-Media Materials Challenge Form.” They should also be provided a copy of the relevant selection, adoption, and challenge policies. A copy of the form will be forwarded to the Superintendent.

C.        The Superintendent shall appoint a committee composed of the following persons to review the complaint:  one administrator; one librarian/media specialist; one classroom teacher; the curriculum leader, which is the department chair, content or grade level leader in the subject area of the challenged materials; one community member. The members of the review committee will be anonymous to protect the objectivity of the deliberation. The review committee meeting will be closed and the committee’s discussions will be confidential. Comments from members of the South Portland community related to the complaint should be directed to the principal or Director of Curriculum, Instruction, and Assessment and these comments will be relayed to the members of the committee. The review committee will consider only those comments made by members of the South Portland community.

D.        The review committee shall:  read and examine the materials referred to them; check general acceptance of materials by reading reviews; weigh values and faults against each other and form opinions based on the material as a whole and not on passages or portions pulled out of context; meet to discuss the material and to prepare a written report on it. The report will present both majority and minority opinions and will make a recommendation to retain the material in its original location, to relocate the material, or to remove the material. The review committee’s recommendation is to be an objective evaluation of the material within the scope of the district’s relevant selection and adoption policies.

E.         The report of the committee shall be forwarded to the Superintendent who will inform the complainant of the results.

F.                  No materials shall be removed from use until the review committee has made a final decision.

Legal Reference:   20-A MRSA §§ 1001 (10-A); 1055 (4); 4002

Ch. 125 §§ 9.01, 9.03 (Me. Dept. of Ed. Rules)

P.L. 107-110 § 1061 (No Child Left Behind Act)

Cross Reference:   IJJ-E-1 – Instructional and Library-Media Materials Challenge Form

IJJ-E-2 – Incident Report (Exhibit)

IJJ-R – Library Materials Selection & Adoption (regulation)

IJJ-R1 – Instructional Materials Selection & Adoption (regulation) 

IJNCA – Library Bill of Rights

IJNC – School Libraries

Adopted:   November 13, 2002

Revised:     January 10, 2022

IJJ-E-1

SOUTH PORTLAND SCHOOL DEPARTMENT

REQUEST FOR RECONSIDERATION OF MATERIALS

This form is intended to initiate a formal review process if you have concerns after speaking with the person providing the materials in question. Please complete this form in its entirety and return it to the Principal of the school. A copy of this form will be sent to the Superintendent.

Materials Description

If other material, please identify:

Title

Material Description

IJJ-E-1

Request for Reconsideration

❏ I have read/viewed in full the material to which I object.

❏ I have read the South Portland’s Instructional and Library Materials Selection policy (IJJ.)

1. What is your objection to this material?

2. What action would you recommend in regards to this material?

Please attach any relevant supporting documentation you would like the review committee to consider.

Signature of Complainant _________________________________ Date _____________ If you require a translation of this document, please contact the building principal.

REVISED; JANUARY 10, 2022

SOUTH PORTLAND SCHOOL DEPARTMENT

INCIDENT REPORT FORM

This report should be completed by the person responding to a challenge to materials and resources (Policy IJJ.)

The information from this form may be shared with Maine Association of School Libraries and the American Library Association to track trends in materials challenges.

1. What are you reporting?

Materials Challenge (books, movies, magazines, digital content)

Internet-related Challenge (filtering issues, access to computers, use policies) School Environment (library, meeting rooms, programs, author visits, exhibits, displays, hold shelf practices)

Other (student publications or performances, access to libraries, social media, artwork, “First Amendment Audit”)

2. Please describe the incident.

3. When did this happen?

4. Who initiated the challenge or raised the issue?

5. Why did the initiator say this was a concern? (Attach the completed “Request for Reconsideration of Materials” (IJJ - E-1))

6. Where did this happen?

7. Where did the issue or challenge occur?

Classroom

Library

School Curriculum

Other ________________________________________________

Completed Incident Report Forms should be given to the building principal where the challenged material can be found. (Adapted from American Library Association’s Challenge Material form. https://www.ala.org/tools/challengesupport/report)

REVISED: JANUARY 10, 2022

IJJ-R - LIBRARY MATERIALS SELECTION AND ADOPTION

In the controversial area of religion, materials on all broad faiths of the world shall be included; such materials shall be factual and unbiased.

In the controversial area of political ideology, all sides of a question shall be represented, enabling a student to read widely and form his own point of view; books of sound factual authority shall not be removed from library shelves because of doctrinal disapproval.

In the controversial area of sex, the material shall be judged according to its comprehensive literacy qualities: creativeness, style, imagination, vision, distinction, etc. Books which present an honest picture of some problems or aspects of life are not always excluded because of coarse language or frankness. They will call for careful analysis by the librarian, however.

In the controversial area of race, materials on various ethnic groups shall be factual, unbiased and in good taste. The library does not promote particular beliefs or views. It provides a resource where the individual can examine issues freely.

Any form of library censorship will be challenged in order that all librarians may carry out their proper functions of providing comprehensive and enlightened library collections. Parents have the right to judge the reading materials of their own children but they do not have the right to determine what another parent’s child shall read, which is the end result of any form of censorship.

Library materials shall be selected upon recommendations from the professional staff subject to approval of the school librarian and the principal.

Professional school librarians in the South Portland School system shall select, evaluate, and disseminate library materials. They shall seek in their choice of both books and AV aids to carry out the provisions of the School Library Bill of Rights.

Basic book selection tools and personal examination of materials shall be used consistently, together with the suggestions from administrators, teachers and students. It is expected that discretion and good judgment will prevail.

Adopted: Prior to 1986
Revised: November 13, 2002 (Code Change)

IJJ-R1 

INSTRUCTIONAL MATERIALS SELECTION AND ADOPTION

To ensure consideration of the criteria for selection as identified in Board Policy IJJ- Instructional and Library Media Materials Selection, the following process is established for the selection of Instructional Materials.

Consideration of changes to textbooks and classroom instructional materials should be made as part of a broader programmatic review process based on direction provided by the Director of Curriculum, Instruction, and Assessment.  All textbooks, supplies, materials and equipment shall be judged in light of their contribution to the educational needs of the students. 

The selection process will ensure clarity of purpose and expected results, agreement as to who makes the decision, a plan for accountability, evaluation and continuous improvement, an assessment of the capacity to make the change, and the early involvement of stakeholders.

The following questions will be addressed in a formal written recommendation for new textbooks or classroom instructional materials:

1.                  What is the problem that needs to be solved?

a.                   What is the compelling reason for change?

b.                  What data support a change?

c.                   What research supports a change?

2.                  How and by whom will the decision be made regarding whether or not to recommend a change in instructional materials?

3.                  What is the proposed solution?

4.                  What are the anticipated results of this change?

5.                  How will we evaluate the success of the change?

a.                   How will we know whether the change produces the anticipated results?

b.                  Who will be accountable for evaluating the change?

6.                  Do we have the capacity to make the change?

a.                   What will the cost of the change be, at its implementation and in the long term?

b.                  What impact will the change have on school personnel?

7.                  Who are the stakeholders in this change?  How are they involved in this process?

a.                   Stakeholders are those who are responsible for the final recommendation or are likely to be affected by the outcome of the recommendation.

Adopted:   May 5, 2006

Revised:   January 10, 2022

IJNC - SCHOOL LIBRARIES

Collections of library books, reference materials, periodicals, pamphlets and other materials for enrichment of instruction and learning shall be maintained in each school in quantities considered adequate by professional staff and the professional librarian and shall be made available for student use. The Board will annually allocate funds for purchase of library materials.

Adopted: Prior to 1986
Revised: January 29, 2001
Revised: July 8, 2002
Revised: November 13, 2002 (Code Change)

File: IJNCA 

LIBRARY BILL OF RIGHTS 

The South Portland Board of Education endorses and subscribes to the American Library Association’s Bill of Rights which reads as follows: 

All libraries are forums for information and ideas, and the following basic policies should guide their services: 

1. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation. 

2. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval. 

3. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. 

4. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas. 

5. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views. 

6. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. 

7. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality in their library use. Libraries should advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information. 

Adopted by the ALA June 18, 1948 

Amended: February 2, 1961 

June 27, 1967 

January 23, 1980 

September 1987 

Revised: May 2001 

Revised: November 13, 2002 (Code Change) 

Revised: December 13, 2021 

File: IJNCA-E-1 

ACCESS TO RESOURCES & SERVICES IN THE SCHOOL 

LIBRARY MEDIA PROGRAM 

AN INTERPRETATION OF THE LIBRARY BILL OF RIGHTS 

The school library media program plays a unique role in promoting intellectual freedom. It serves as a point of voluntary access to information and ideas and as a learning laboratory for students as they acquire critical thinking and problem solving skills needed in a pluralistic society. Although the educational level and program of the school necessarily shape the resources and services of a school library media program, the principles of the Library Bill of Rights apply equally to all libraries, including school library media programs. 

School library media professionals assume a leadership role in promoting the principles of intellectual freedom within the school by providing resources and services that create and sustain an atmosphere of free inquiry. School library media professionals work closely with teachers to integrate instructional activities in classroom units designed to equip students to locate, evaluate, and use a broad range of ideas effectively. Through resources, programming, and educational processes, students and teachers experience the free and robust debate characteristic of a democratic society. 

School library media professionals cooperate with other individuals in building collections of resources appropriate to the developmental and maturity levels of students. These collections provide resources which support the curriculum and are consistent with the philosophy, goals, and objectives of the school district. Resources in school library media collections represent diverse points of view and current as well as historic issues. 

Members of the school community involved in the collection development process employ educational criteria to select resources unfettered by their personal, political, social, or religious views. Students and educators served by the school library media program have access to resources and services free of constraints resulting from personal, partisan, or doctrinal disapproval. School library media professionals resist efforts by individuals to define what is appropriate for all students or teachers to read, view or hear. 

Major barriers between students and resources include: imposing age or grade level restrictions on the use of resources, limiting the use of inter-library loan and access to electronic information, charging fees for information in specific formats, requiring permissions from parents or teachers, establishing restricted shelves or closed collections, and labeling. Policies, procedures and rules related to the use of resources and services support free and open access to information. 

The School Board adopts policies that guarantee student access to a broad range of ideas. These include policies on collection development and procedures for the review of resources about which concerns have been raised. Such policies, developed by persons in the school community and the community at large, provide for a timely and fair hearing and assure that procedures are applied equitably to all expressions of concern. School library media professionals implement district policies and procedures in the school. 

Adopted: May 2001 

Revised: July 8, 2002 

Revised: November 13, 2002 (Code Change) 

1 

SOUTH PORTLAND SCHOOL DEPARTMENT

File: IJNCA-E-1 

Reviewed: December 13, 2021 

IJNDB - STUDENT COMPUTER AND INTERNET USE

As used herein, the terms “computer[s]” or “device[s]” refer to any desktop, laptop, server, chromebook, tablet or other mobile computing device, including cellular phones and wearables, owned or issued by the South Portland School Department to any student, or any privately owned devices used in school or used to access school department networks, Internet or services.

The school department provides computers, networks, electronic devices, and Internet access to support the educational mission of the schools and to enhance the curriculum and learning opportunities for students and school staff. Students are allowed to use privately-owned computers and electronic devices at school and on school networks with the prior authorization, provided that they comply with this policy and the accompanying rules. The Board believes that the resources available through the Internet are of significant value in the learning process and preparing students for future success. At the same time, the unregulated availability of information and communication on the Internet requires that schools establish reasonable controls for lawful, efficient, and appropriate use of this technology.

Student use of school computers, networks, and Internet services is a privilege-not a right. Students are required to comply with this policy and the accompanying rules whether the equipment and accounts are used at school or off school premises (IJNDB-R). Students who violate the policy and/or rules may have their computer and network privileges revoked and may also be subject to further disciplinary and/or legal action. Violations of the school department’s policies and rules may also result in referral to law enforcement.

All school department computers remain under the control, custody, and supervision of the school department. The school department reserves the right to monitor all student computer, network, and Internet activity. Students have no expectation of privacy in their use of school computers, whether they are used on or off school property.

South Portland School Department utilizes filtering technology designed to block materials that are obscene or harmful to minors and child pornography in accordance with CIPA regulations.

While reasonable precautions will be taken to supervise student use of the Internet, the school department cannot reasonably prevent all inappropriate uses, including access to objectionable materials and communication with persons outside of the school, in violation of Board policies/procedures and school rules. The school department is not responsible for the accuracy or quality of information that students obtain through the Internet.

In the interest of student safety (“cyber safety”), students will receive training on appropriate online behavior. This training will include education on appropriate online behavior, proper interactions with individuals on social networking sites and chatrooms, cyberbullying, and appropriate responses to cyberbullying.

Before a student is allowed to use school computers and Internet services, the student and the student’s parent/guardian must read and understand this policy and rules IJNDB-R which are posted online and available in student handbooks.

The Superintendent or his/her designee(s) shall be responsible for overseeing the implementation of this policy and the accompanying rules and for advising the Board of the need for any future amendments or revisions to the policy/rules. The Superintendent may develop additional administrative procedures/rules governing the day-to-day management and operations of the school department’s computer system as long as they are consistent with the Board’s policy/rules. The Superintendent may delegate specific responsibilities to building administrators and others as he/she deems appropriate.

Cross Reference:

EGAA-R – Reproduction of Copyrighted Material - Guidelines
GCSA/GCSA-R – Employee Computer and Internet Use
IJNDB-R – Student Technology Device and Internet Use Rules
JICK – Bullying

Revised: 12/12/16

INJDB-R - STUDENT COMPUTER AND INTERNET USE RULES

All students are responsible for their actions and activities involving school department technology devices, network and Internet services, and for their digital files, passwords and accounts. These rules provide general guidance concerning the use of the school department’s computers and examples of prohibited uses. The rules do not attempt to describe every possible prohibited activity by students. Students, parents and school staff who have questions about whether a particular activity is prohibited are encouraged to contact a building administrator. These rules apply to all school devices and all school-provided devices wherever used, and all uses of school servers, Internet access, networks and other services regardless of how they are accessed.
As used herein, the terms “computer[s]” or “device[s]” refer to any desktop, laptop, server, chromebook, tablet or other mobile computing device, including cellular phones and wearables, owned or issued by the South Portland School Department to any student, or any privately owned devices used in school or used to access school department networks, Internet or services.

Computer use is a privilege, not a right. Student use of the school department’s computers, electronic devices (including personally owned devices used at school), networks, school provided accounts, Internet and other services is a privilege, not a right. Unacceptable use/activity may result in suspension or cancellation of privileges as well as additional disciplinary and/or legal action. Violations of the school department’s policies and rules may also result in referral to law enforcement. A building administrator, Director of Technology or other designee shall have final authority to decide whether all or some of a student’s privileges will be denied or revoked.
South Portland School Department is committed to the education of minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms, cyberbullying awareness and response, and digital citizenship as required by the Children’s Internet Protection Act (CIPA).

Acceptable Use

1. South Portland School Department’s devices, network, Internet and other services are provided for educational purposes and research consistent with the school department’s educational mission, curriculum and instructional goals.
2. Board policies, school rules and expectations concerning student conduct and communications apply when using school devices, services or networks, whether on or off school property.
3. Students also must comply with all specific instructions from school staff and volunteers when using the school department’s devices, services or networks.

Prohibited Use

Examples of unacceptable uses that are expressly prohibited include but are not limited to the following:
1. Accessing or Communicating Inappropriate Materials – Students may not access, submit, post, publish, forward, download, scan or display defamatory, abusive, obscene, vulgar, sexually explicit, sexually suggestive, threatening, discriminatory, harassing, bullying and/or illegal materials or messages.
2. Illegal Activities – Students may not use the school department’s devices, network and/or Internet services for any illegal activity or in violation of any Board policy/procedure or school rules. The school department assumes no responsibility for illegal activities of students while using school devices, or services.
3. Violating Copyrights or Software Licenses – Students may not copy, download or share any type of copyrighted materials (including music, images or films) without the owner’s permission (see policy EGAA-R); or copy or download software without the express authorization of the Director of Technology. Unauthorized copying of software is illegal and may subject the copier to substantial civil and criminal penalties. The school department assumes no responsibility for copyright or licensing violations by students.
4. Plagiarism – Students may not represent as their own work any materials obtained on the Internet (such as term papers, articles, music, etc.). When Internet sources are used in student work, the author, publisher and web site must be identified.
5. Non-School-Related Uses – Students many not use the school department’s computers, networks, Internet and other services for non-school-related purposes such as private financial gain, commercial, advertising or solicitation purposes.
6. Misuse of Passwords/Unauthorized Access – Students may not share passwords; use other users’ passwords; access or use other users’ accounts; or attempt to circumvent network security systems.
7. Malicious Use/Vandalism – Students may not engage in any malicious use, disruption or harm to the school department’s devices, network, Internet or other services, including, but not limited to, physically marking, damaging, or altering computers, hacking activities, creation/uploading of computer viruses.
8. Avoiding School Filters – Students may not attempt to or use any software, utilities, firewalls, VPNs or other means to access Internet sites or content blocked or limited by the school filters. If a student believes filtering should be less restrictive on a temporary basis for specific bona fide research or educational purposes, he/she should discuss the matter with a teacher or contact the Director of Technology.
9. Unauthorized Access to Blogs/Social Networking Sites, Etc. –Students may not access blogs, social networking sites, etc. to which student access is prohibited.

Compensation for Losses, Costs and/or Damages

The student and his/her parents are responsible for compensating the school department for any losses, costs or damages incurred for violations of Board policies/procures and school rules while the student is using school department devices, including the cost of investigating such violations. The school department assumes no responsibility for any unauthorized charges or costs incurred by a student while using school department devices.

Student Security

A student is not allowed to reveal his/her full name, address, telephone number, social security number, photograph or other personal information on the Internet while using a school device without prior permission from a teacher or administrator. Students should never agree to meet people they have contacted through the Internet without parental permission. Students should inform their teacher if they access information or messages that are dangerous, inappropriate or make them uncomfortable in any way.

System Security

The security of the school department’s devices, network and Internet services is a high priority. Any student who identifies a security problem must notify his/her teacher or building administrator immediately. The student shall not demonstrate the problem to others or access unauthorized material.

Additional Rules for Technology Devices Issued to Students

1. Devices are loaned to students as an educational tool and may be used for purposes specifically authorized by school staff.
2. Parents are required to attend an informational meeting before a device will be issued to their child. Parents and students are responsible for reading and understanding policy IJNDB and these rules which are published online and in student handbooks.
3. Students and their families are responsible for the proper care of devices at all times, whether on or off school property, including costs associated with repairing or replacing the device.
4. If a device is lost, a report should be made to a building administrator immediately. If a device is lost and likely stolen, a report should be made to the local police and a building administrator immediately.
5. The Board’s policy and rules concerning computer and Internet use apply to use of devices at any time or in any place, on or off school property. Students are responsible for obeying any additional rules concerning care and use of devices issued by school staff.
8. The device may only be used by the student to whom it is assigned or authorized guardian to the extent permitted by the MLTI program, with final authority of appropriate use resting with the Superintendent.
9. All use of school-loaned devices by all persons must comply with the school’s Student Technology and Internet Use Policy and Rules.
10. Devices must be returned in acceptable working order whenever requested by school staff.

Additional Rules for Use of Privately-Owned Technology Devices by Students

1. Students who wish to access internal resources with a privately-owned device such as printers and network storage must complete a Student Request to Use Privately-Owned Technology Device form. The student, his/her guardian, a sponsoring teacher, a building administrator and the Director of Technology must sign the form. There must be an educational basis for any request.
2. Students have no expectation of privacy in their use of a privately-owned device while at school. The school department reserves the right to search a student’s privately-owned device if there is reasonable suspicion that the student has violated Board policies, administrative procedures or school rules, or engaged in other misconduct while using the device.
3. The school department may confiscate any privately-owned device used by a student in school without authorization as required by these rules. The contents of the device may be searched in accordance with applicable laws and policies.
4. The Director of Technology will determine whether a student’s privately-owned device meets the school department’s network requirements.
6. The student is responsible for proper care of his/her privately-owned device, including any costs of repair, replacement or any modifications needed to use the device at school. The school department is not responsible for damage, loss or theft of any privately-owned device.
7. Students are required to comply with all Board policies and rules, administrative procedures and school rules while using privately-owned devices at school.
8. Violation of any Board policies or rules, administrative procedures or school rules involving a student’s privately-owned device may result in the revocation of the privilege of using the device at school and/or disciplinary action.

Cross Reference:
EGAA-R – Reproduction of Copyrighted Material - Guidelines
GCSA/GCSA-R – Employee Computer and Internet Use
IJNDB – Student Technology Internet Use Rules
JICK - Bullying

Revised: 12/12/16

IJNDBB - LAPTOP COMPUTERS
In general, it is the policy of the South Portland School Department, for students in Grades 7 and 8 to utilize laptop computers in school and to allow students to take the computers home.

Home Schooled students will not have access to the laptop computers.

Each student participating in the Laptop Initiative is expected to abide by the South Portland School District’s Acceptable Use policy and should treat the unit in a respectful manner from the time it is taken from the storage cart until it is returned. Damage from abuse or misuse will be covered by Policy IJNDB-R: Student Computer and Internet Use Rules, however students are responsible for loss or damage beyond normal wear and use. Students will be billed for replacement and/or repair costs.

It is the student’s responsibility to connect the portable unit for battery recharging at the end of each school day. Unauthorized programs cannot be added to the unit and the student is responsible for saving his/her work.

Cross Ref: Policy IJNDB-R: Student Computer and Internet Use Rules
Adopted: October 16, 2002

IKA - GRADING

The purpose of the grading system will be to establish a common mechanism of scoring to assess a student’s progress.

 Scoring shall be an objective measure of how a student is performing in relation to specific material to be learned (as guided by the district curriculum frameworks and the Maine Learning Results).  The purpose of scoring shall be to communicate progress toward accomplishment of identified achievement targets.  Students should know in advance how scoring will occur in each class and they should know the standards in which they are expected to demonstrate proficiency. To ensure that every student and family has the information and resources they need, our schools, educators, and staff will clearly and consistently communicate all important and relevant information related to the grading system used in South Portland throughout the student’s educational career.

 The primary purpose of the scoring system shall be to fairly, clearly, accurately, and consistently communicate learning progress and achievement to students, families, postsecondary institutions, potential employers, and other relevant stakeholders and audiences.

The scoring system will measure, report, and document student proficiency against a set of clearly defined targets in all content areas as well as in communication, collaboration, critical thinking, creativity and innovation, problem solving, initiative and professionalism, and global awareness.

The scoring system will measure, report, and document academic progress and achievement separately from Habits of Work.

Scoring of a student’s work should provide both the student and the teacher with an indication of how well the student is progressing towards proficiency in the targets aligned to the lesson, unit or performance task.

  Feedback should be specific and corrective to provide students with information as to where they are in relation to the target, the task, and what they need to do to improve their performance.

Adopted:        Prior to 1986

Revised:        March 5, 2002

Revised:        July 8, 2002

Revised:        March 16, 2015

Revised:        March 9, 2020

IKA-R - GRADING SYSTEM

The grading system should be used to reflect and communicate student progress toward the Maine Learning Results, which are the academic standards that provide a set of clear expectations as to what students should know, understand and be able to explain as they progress through each K-12 grade level.

Grades K-8

Content Mastery:

Student progress is rated on the skills, knowledge and understandings a student is expected to demonstrate in each content area by the end of the school year.  These expectations align with Maine’s Learning Results, which are the framework for classroom instruction and assessment. 

Content Mastery Key:

3.2 - 4.0           = Generates new ideas and applies knowledge to new topics; create, hypothesize,

                                  formulate

2.8 - 3.19         = Understands the connections between parts of the topic; analyze,

                                  compare/contrast, explain the causes of

2.4 - 2.79         = Understands several parts of the topic; list, describe, combine

Below 2.4        = Little to no understanding of only one part of the topic

Habits of Work:

Habits of Work targets, including preparation for learning, engagement with learning, and interactions with peers and adults, are scored independent of content.

Habits of work targets are:

Habits of Work Key:

            3: Student demonstrates this skill consistently and independently

            2: Student demonstrates this skill inconsistently and often need reminders

            1: Student has not shown evidence of this skill        

Grades 9-12

Content Mastery:

Student progress is rated on the skills, knowledge and understandings a student is expected to demonstrate in each content area, as specified by the course syllabus.  These expectations align with Maine’s Learning Results, which are the framework for classroom instruction and assessment.

High school transcripts and numerical report cards will reflect numerical and letter grade values as follows:

                        A = 93-100                  F = Below 70 is failing

                        B = 85-92                    I = Incomplete

                        C = 77-84

                        D = 70-76                    70 shall be a passing grade

Habits of Work:

Habits of Work targets will be assessed separately though they may be factored into the overall course grade.

Habits of work targets are:

Habits of Work Key:

M        Meets the target

P          Partially meets the target

I           Not meeting the target; Intervention needed

Reference:       IKA-E

Revised:          May, 2001

Revised:          March 11, 2002

Revised:          July 8, 2002

Revised:          November 8, 2004

Revised:          March 16, 2015

Revised:          March 9, 2020

IKAD - PARENT CONFERENCES

Report Cards and Progress Reports should be supplemented by informal notes, telephone calls, and personal conferences. Optimum growth of students is possible only if the home and school work together, and working together requires communication.

In grades K-8 there shall be at least two scheduled conferences each year. Directors and Principals will develop conference plans early in the school year. When possible and where appropriate, conferences will be student-parent-teacher conferences and will involve students sharing progress toward stated goals.

Teachers and counselors in grades 9 through 12, while not necessarily scheduling conferences regarding each pupil, should arrange student-involved conferences during times set aside for fall and spring semesters.

Adopted: June 12, 1972
Revised: March 8, 1976
Revised: February 26, 2002
Revised: July 8, 2002

IKB - HOMEWORK POLICY

It is the policy of the South Portland School Board of Education that homework be assigned to students at all grades K-12. Homework is defined as activities which provide practice and extension of material that has been previously taught and which fosters independent learning. In keeping with this definition, the amount and type of homework will be developmentally appropriate and related to the individual’s aptitude and ability. Homework is one means of informing parents about curriculum

The following shall serve as a guide in the assignment of homework:
*Special
Kindergarten Assignments
Special 15 minutes
Grade 1 Assignments 2x weekly
Special 15-30 minutes
Grade 2 Assignments 2x weekly
Special 15-30 minutes
Grade 3 Assignments 3x weekly
Special 30 minutes
Grade 4 Assignments 3x weekly
Special 30-45 minutes
Grade 5 Assignments 4x weekly

*Special 60-90 minutes
Grade 6 Assignments 4x weekly
Special 60-90 minutes
Grade 7 Assignments 4x weekly
Special 1-2 hours
Grade 8 Assignments 4x weekly

*Special
Grade 9 Assignments 30-45 min. per subject, per class meeting

Special
Grade 10 Assignments 30-45 min. per subject, per class meeting

Special
Grade 11 Assignments 30-45 min. per subject, per class meeting

Special
Grade 12 Assignments 30-45 min. per subject, per class meeting

Homework assignments are generally due the following day. Teachers will review the homework and provide feedback in a timely fashion. The grading of homework is left to professional discretion. However, it is the teacher’s responsibility to explain grading criteria to students.
*Special assignments refer to long term projects such as book reports, research papers, art projects and other assignments that require the management of time and materials.

Adopted: December 12, 1998
Revised: June 2001
Revised: May 2003