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  • EEA

    NEPN/NSBA Code:  EEA STUDENT TRANSPORTATION SERVICES The Board will provide transportation for all students living beyond a reasonable distance from their school or from a scheduled bus stop as the board has determined.  This distance is defined as one-half of a mile. Distance shall be measured by the shortest public road from the residence to the bus stop or school door.  In cases questioned, distance will be measured and established by the Superintendent. BUS STOPS: a. Bus stops will be designated for groups of students living near each other.  Students in grades 6-12 will not be required to walk more than .5 tenths of a mile along a bus route to a bus stop. b. Students in grades 1-5 will not be required to walk more than .3 tenths of a mile along a bus route to a bus stop. c. Kindergarten students will be picked up along the bus route at the closest point to their home. d. Authorized bus stops will be located so as to load and unload students with the most safety allowed by road conditions.  The distance between stops may vary according to safety factors. If possible, students will be loaded and unloaded so that it is not necessary for them to cross a main highway to reach their homes. e. Buses will be provided by the district to accommodate after school activities as approved by the Superintendent.  The routes will not replicate normal runs, but rather provide service to designated stops within each town. Late buses may not accommodate the needs of all students.  It will be the responsibility of the parents or childcare provider to arrange transportation for students who need a stop outside the late bus route. f. Bus stops will be determined each year  by the Transportation Director after consulting with the driver. Requests for exceptions to routine bus stops may be made in writing to the Transportation Director. The Transportation Director (or designee) will review the request and provide a written decision within 10 days of receipt of request.  Appeals to the MSAD #60 Superintendent on the Transportation Director’s decision can be made by submitting a written request within 10 days of receiving the Transportation Director's decision. All decisions rendered by the Transportation Director shall remain in effect unless changed by the Superintendent. The decision made by the Superintendent shall be final. g. It is the responsibility of the parent or caregiver to have the student at the bus stop five minutes prior to the scheduled arrival of the bus. h. A caregiver is defined as a person/persons providing care to children other than their own that will require transportation to and/or from school. EXCEPTIONS: Exceptions to the above distance shall be made for the following reasons only: a. Health Exceptions to established walking distances may be made for students with disabilities as required by their IEP. Exceptions may also be made to accommodate a student’s need for transportation with written documentation from the student’s physician. b. Kindergarten Students No kindergarten student will be left "unattended" at a bus stop. "Unattended" is defined as "not in the custody of a parent, guardian or older sibling."  In cases where the student would be "unattended" the bus driver will keep the student on the bus and request further instruction from the Transportation Director or his/her designee. c. Hazardous Walking Conditions Hazardous walking conditions shall be defined as those which would place a child of a given age in a situation of greater than normal or average danger.  Age shall be considered in making this decision. Safety, not sidewalks, will be the determining factor. The Transportation Director will decide when transportation will be provided under the hazardous walking conditions provision. ASSIGNMENT OF BUSES: a. In order to properly assign students and avoid unnecessary overcrowding on the buses, it will be the responsibility of the caregiver (i.e. daycare provider), prior to the start of each school year, to provide a list in writing, of all students who will require transportation to and/or from school to the Transportation Director. A routine bus route will be established for each student. The Transportation Office shall be notified of any and all changes. b. Each student riding a school bus shall always ride from the designated bus stop to school and from school to the designated bus stop.  Deviations from the routine will only occur for emergency purposes. (See examples on Bus Route link on district website) c. For scheduled early release days and events which may lead to any early dismissal, parents must have provisions for daycare already in place. d. Bus drivers shall not permit any person, other than a pupil, teacher, school administrator, mechanic, police officer or emergency personnel to enter or ride the bus without consent of the Transportation Director. PASSENGER SAFETY: a. MSAD #60 will make every effort to accommodate the needs of students, however over-sized object such as, large instruments, large school projects, skateboards, skis, etc. will only be allowed when, in the judgment of the driver, there is sufficient space to transport them safely. Large objects in the laps of students or in the aisles can lead to the possibility of student injury from the objects becoming airborne or causing the passive restraint system to not function as designed. b. Student use of personal and district-owned electronic devices is at the discretion of the driver. c. The use of cameras, including camera phones, is strictly prohibited on the bus. Legal Reference: 20-A MRSA § 5401 Cross Reference: JICC – Student Conduct on School Buses Adopted: November 21, 2002 Revised: March 1, 2007 Revised; March 13, 2014

  • EE

    NEPN/NSBA Code:  EE TRANSPORTATION SERVICES MANAGEMENT The school unit shall provide transportation services for elementary and secondary students in accordance with Board policies and applicable laws.  The major priorities of the school unit’s transportation program are to provide safe, comfortable transportation for students in the most efficient and economical manner feasible. BUS ROUTES: a. Bus routes will be limited to State and accepted town roads, which are properly maintained and approved for safe bus travel by the Transportation Director.  All roads must have a suitable turnaround. LIMITATION OF ACCESS: a. MSAD #60 buses shall not enter any public or private way that is determined to be unsafe for bus passage or does not provide adequate turnaround facilities. b. The road shall be capable of allowing two vehicles to pass each other safely under all weather conditions with a minimum of a 15 foot wide traveled way. c. The road must be continuously maintained and failure to maintain the road which causes more than normal abuse of vehicles will result in suspension of services until the road is restored to a drivable condition in the judgment of school officials. REMOTE LOCATION: If a student resides in a location removed from and inaccessible to schools or a public highway, the student's parents shall be responsible for providing transportation to a public highway or responsible for paying board for the student to be within walking distance of a school. Failure of a parent to provide transportation or board shall be considered a violation of the truancy law. (Title 20 Chapter 215) Legal Reference: 20-A MRSA § 5401 Chapter 215 Cross Reference: EEA – Student Transportation Services EEAEA – Student Transportation Employee Requirements, Training and Responsibilities Adopted: March 12, 1987 Revised: October 19, 2000 Revised: March 1, 2007 Revised: January 30, 2014

  • ED

    NEPN/NSBA Code:  ED MATERIAL RESOURCES MANAGEMENT Proper management of the school unit’s materials, supplies and equipment—both instructional and non-instructional—is the general responsibility of the Superintendent. The Superintendent may delegate particular resource management duties as he/she deems appropriate. The Superintendent shall establish procedures as necessary for the proper control of materials, supplies and equipment.  Controls shall include an inventory system, maintenance records and records of materials/equipment assigned to students or staff members for personal use.  Staff and students are expected to exhibit reasonable care for school property issued for their use. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: January 30, 2014

  • ECE

    NEPN/NSBA Code:  ECE TRAFFIC AND PARKING CONTROLS Driving and parking on school property are privileges granted by the Board of Directors to persons who have reasons to be in the schools or on school property. The Superintendent/designee, in cooperation with local public safety officials, shall develop a plan to accommodate the flow of traffic on school roadways and appropriate traffic regulations. The Superintendent/designee is responsible for assigning parking areas for staff, students and visitors to the schools and for developing appropriate parking regulations. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: January 30, 2014

  • ECB

    NEPN/NSBA Code:  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 MSAD #60 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: A.  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 Pesticide Notification in Maine Schools") and a record of prior pesticide applications and information about the pesticide 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. B. Identification of Specific Pest Thresholds Routine inspection and accurate information 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. C. Pesticide Applicators Any person that applies pesticides in school buildings or on school grounds, including school personnel, must process 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. D. 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 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. E. 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. F. Recordkeeping When a pesticide has been used, record pertaining to the application including labels and material safety data sheets will be maintained at the school site 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 - 1 -1471 -X Ch. 27 Me. Dept. of Agriculture Board of Pesticide Control Rules (Standards for Pesticide Application and Public Notification in Schools) Cross Reference: EBAA - Chemical Hazards Adopted: October 16, 2003 Amended: January 30, 2014

  • EBCC

    NEPN/NSBA Code:  EBCC BOMB THREATS The Board recognizes that bomb threats are a significant concern to M.S.A.D. #60. 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 be 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. A. 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. B. 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 nonverbal, 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. C. Development of Bomb Threat Procedures The Superintendent/designee shall be responsible for developing and implementing procedures specific to bomb threats as part of M.S.A.D. #60’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 reentry (including selection of potential alternative sites for those who are evacuated); 3. Incident “command and 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. D. Reporting of Bomb Threats A student who learns of a bomb threat, the intention 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 M.S.A.D. #60 who learns of a bomb threat, or the intention to make 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. E.  Student Disciplinary Consequences Making a bomb threat is a crime under Maine law.  Any student suspected of making, intending to make or participating in 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 violates this policy.  Such violation will be considered deliberately disobedient and deliberately disorderly within the meaning of 20-A M.R.S.A. subsection 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 IEP 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. F. 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. G. 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. H. Staff Disciplinary Consequences An M.S.A.D. #60 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. An M.S.A.D. #60 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. I. Civil Liability M.S.A.D. #60 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. J. 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 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. K. Notification Through Student Handbooks All student handbooks shall address M.S.A.D. #60’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 Adopted: September 22, 2005 Revised: December 5, 2013

  • EBCA

    NEPN/NSBA Code:  EBCA CRISIS RESPONSE PLAN The School Board hereby adopts the MSAD #60 Crisis Response Plan. The Superintendent and building administrators shall be responsible for ensuring that the plan is implemented in each school and evaluated annually.  It is understood that specific procedures may vary from school to school due to differences in school facilities and the ages of students. Any substantive changes in the plan shall be subject to the approval of the Superintendent. Adopted: October 19, 2000 Revised: November 7, 2013

  • DN

    NEPN/NSBA Code:  DN SCHOOL PROPERTIES DISPOSITION The Superintendent is authorized to determine, through procedures he/she develops, when personal property (supplies, materials, equipment), as distinguished from real property, is obsolete or no longer of use to the school unit and to declare it surplus. The Board is to be informed of any property declared surplus by the Superintendent prior to its disposal. Procedures for disposal of all surplus personal property shall be in accordance with the following: A. All member municipalities are to be informed in writing of property declared surplus and are to have first option to purchase.  The charges for municipal purchases shall be determined by the Superintendent after consultation with the Board. B. 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 given at least one week in advance of an auction, sale or opening of sealed bids. C. Library books, textbooks and instructional materials are to be disposed of by a means most likely to offer promise of continuing educational benefit, first to citizens of the school unit, then to others. D. Any surplus property which is offered for sale and is not sold may be disposed of in a manner deemed advisable by the superintendent, including donation to non-profit agencies. E. Any property determined to be worthless, or for any reason is considered to be inappropriate for sale, shall be disposed of in a manner the Superintendent deems appropriate after so informing the Board, with recycling as a priority where feasible. F. Any school unit identification that has been applied to the surplus property shall be removed or, if not possible to remove, be further identified to indicate the intended disposition and surplus nature (i.e., “SOLD BY”, “SURPLUS”). All revenues which result from the sale of surplus property shall be credited as miscellaneous income except in any instance where law requires that it be credited to a specific account. Legal Reference: 20-A MRSA §7 Adopted: October 19, 2000 Revised: June 20, 2013 Revised: June 18, 2015

  • DJH

    NEPN/NSBA Code:  DJH PURCHASING AND CONTRACTING: PROCUREMENT STAFF CODE OF CONDUCT Conflict of Interest All employees of MSAD #60 shall perform their duties in a manner free from conflict of interest to ensure that the school unit’s business transactions are made in compliance with applicable laws and regulations and in a manner that maintains public confidence in the schools. No employee of MSAD #60 shall participate in the selection, award or administration of a contract supported by federal funds or in any other transaction in which the school unit is a party if he/she has a real or apparent conflict of interest in the transaction. A conflict of interest would arise when the employee or any member of his/her immediate family, his/her (business) partner, or an organization that employs or is about to employ any of these parties has a financial or other interest in the firm selected for the award. For the purpose of this policy, “immediate family” is defined as spouse, brother, sister, parent, son or daughter. Conflict of Interest Disclosure All employees with real or apparent conflicts of interest as defined above must disclose the conflict of interest to the Superintendent who will investigate the circumstances of the proposed transaction.  The Superintendent will exercise due diligence in investigating the circumstances of the transaction and, if necessary, will make reasonable efforts to find alternatives to the proposed transaction or arrangement that would not give rise to a conflict of interest.  If the Superintendent determines that the proposed transaction is in the best interest of MSAD #60 and is fair and reasonable, he/she may proceed with the transaction. In the event that the Superintendent may have a conflict of interest, an ad hoc subcommittee of the Board will investigate and make a determination regarding the transaction. Staff Gifts and Solicitations MSAD #60 employees are prohibited from accepting money or things of material value from persons or entities doing business with, or desiring to do business with, the school unit.  Employees may accept unsolicited items of nominal value such as those that are generally distributed by a company or organization through its public relations program. Employees of MSAD #60 who violate this code of conduct may be subject to discipline, up to and including termination of employment and, if appropriate, referral to law enforcement. Dispute Resolutions A bidder or respondent to a request for a proposal (RFP) may protest a procurement or contract award if he/she believes that it was made in a manner inconsistent with Board policy, specifications, or law or regulations.  A protest must be submitted to the Superintendent in writing within five business days after receipt of notification of the award being made, with all documents supporting the protest. The Superintendent shall review the protest and supporting documents and render a decision in writing within 20 business days of receipt of the protest. The Superintendent may also convene a meeting with the bidder or respondent to attempt to resolve the problem. If the bidder or respondent is not satisfied with the Superintendent’s decision, he/she may appeal to the Board.  The Superintendent will provide reasonable notice to the bidder or respondent of the time for the Board’s consideration of the protest. The Board’s decision shall be final. Legal Reference:   34 CFR 74.40-74.48; 80.36 (Education Department General Administrative Regulations (EDGAR) Commissioner’s Administrative Letter No. 6, June 18, 2006 (Fiscal Compliance) Cross Reference:  BCB - Board Member Conflict of Interest DJ - Bidding/Purchasing Requirements GBI - Staff Gifts and Solicitations KCD - Public Gifts/Donations to the Schools Revised:   October 13, 2016

  • DGA

    NEPN/NSBA Code:  DGA AUTHORIZED SIGNATURES The Superintendent shall be authorized to sign all school unit checks. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: June 20, 2013

  • DFA

    NEPN/NSBA Code:  DFA REVENUES FROM INVESTMENT The Superintendent shall have authority to invest district funds. Adopted:  March 12, 1987 Revised:   October 19, 2000 Revised:  June 20, 2013

  • DBG

    NEPN/NSBA Code:  DBG BUDGET ADOPTION PROCESS Adoption of the annual budget is to be accomplished prior to June 30 for the fiscal year beginning July 1.  The Superintendent shall be responsible for developing a complete calendar of budget process deadlines. 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 on other obligations, rentals and other fixed charges.  These proposals shall be thoroughly explained and voters shall be given an opportunity to be heard. Only those amounts pertaining to operating expenses, reserve or contingency funds, or capital outlay expenditures shall be subject to change by the voters. Legal Reference:  20-A MRSA §§ 1304 et seq., 15617 et seq. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: June 20, 2013

  • DB

    NEPN/NSBA Code:  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 as appropriate.  The three general areas of responsibility of the budget officer are budget preparation, budget presentation and budget administration. Legal Reference: 20-A MRSA §1301 20-A MRSA § 15617 et seq. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: June 20, 2013

  • DA

    NEPN/NSBA Code:  DA FISCAL MANAGEMENT GOALS/PRIORITY OBJECTIVES 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 student 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 protect the funds and to use them wisely. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: June 20, 2013

  • CB

    NEPN/NSBA Code:  CB SCHOOL SUPERINTENDENT A primary function of the Board of Directors is to select a Superintendent of Schools.  To select a Superintendent, a majority vote of all members of the Board shall be required.  The Board may award a contract of up to five years in accordance with the laws of the State of Maine. The Superintendent shall be 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 specifically 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 the approval of the Commissioner of Education and the Board. Legal Reference: 20-A MRSA § 1001, 1053 Adopted: March 12, 1987 Revised: October 19, 2000 Revised: June 6, 2013

  • CA

    NEPN/NSBA Code:  CA ADMINISTRATIVE GOALS The administration of the schools is responsible, within the guidelines established by Board policy, for directing the school programs and supporting staff and students to meet the school unit’s educational goals. The Board shall rely on its chief executive officer, the Superintendent, to provide the professional leadership for the administration. Administrative organization is designed with all schools as part of a single school unit subject to Board policies implemented through the Superintendent.  All administrators are expected to administer their school or area of responsibility in accordance with Board policy and administrative procedures. However, the mere execution of directives is not construed as effective administration.  Vision, initiative, resourcefulness, leadership, and consideration and concern for staff members, students and parents are essential to effective administration of the schools. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: June 6, 2013

  • BGF

    NEPN/NSBA Code:  BGF SUSPENSION OF POLICY In the event of unusual circumstances, any section or sections of Board policies, including its own operating procedures, may be suspended by a majority vote of Board members present at any regular or special meeting.  This does not apply to any section of a Board policy which is established by law, regulation or contract. Adopted: October 19, 2000 Revised:          May 16, 2013

  • BG-R

    NEPN/NSBA Code:  BG-R POLICY ADOPTION PROCEDURE The following procedure shall be used to adopt, review, revise or delete Board policies: A. Individual Board members, the Superintendent, and other school staff and interested parties should submit policy suggestions and concerns to the Superintendent. B. The Board and Superintendent shall review and research each suggestion in accordance with Board policies and prepare draft policies as appropriate.  Under normal circumstances, policies will be considered in a two-reading process. C. At an appropriate stage in the process, the Board shall contact the representative teacher organization to meet and consult regarding any proposed new or changed educational policy. To the fullest extent practical, the Board shall also discuss the proposal with other groups affected by the policy. D. A new policy, revision, or deletion of a policy shall be placed on the agenda of a regular Board meeting (first reading).  Board members shall receive the policy and recommendations in advance of the meeting date. Discussion may take place on the substance of the policy.  Any changes to the policy agreed to by consensus or formally adopted amendment shall be made prior to the second reading. E. At the next regular meeting, the policy shall be placed on the agenda for second reading and action. Amendments may be introduced and acted upon. If the main motion does not pass by a majority vote of the full Board, the process for that policy is ended unless further consideration of the policy is tabled to a specific date. F. Immediately upon approval, policies/revisions/deletions shall be disseminated.  Policies deleted and changed shall be recalled. The Superintendent/designee shall ensure that all policy manuals are kept up-to-date. Legal Reference: 26 MRSA § 965.1,C Adopted: March 12, 1987 Revised: October 19, 2000 Revised: May 16, 2013

  • BG

    NEPN/NSBA Code:  BG BOARD POLICY PROCESS The Board of Directors considers policy development its chief function. It is the intent of the Board to develop written policies to serve as the framework for the successful and efficient functioning of the school unit. The Board accepts the definition of policy set forth by the National School Boards Association: School Board policies are statements that set forth the purposes and prescribe in general terms the organization and program of a school system. They create a framework within which the Superintendent and the staff can discharge their assigned duties with positive direction. They tell what is wanted. They may also indicate why and how much. Policies should define clearly the goals and objectives of the school system, allow for the flexibility that is vital in day-to-day operations, reflect the board’s vision, define roles and responsibilities (who is supposed to do what), and include measurable outcomes. It is the Board’s intention that its policies serve as sources of information and guidance and direction for people who are interested in or connected with the schools.  All updated policies will be posted on the district website and the complete policy manual shall be available for public inspection at the Superintendent’s Office during regular business hours. The policies of the school unit are framed and are meant to be interpreted in terms of federal and state statutes, rules of the State Board of Education and Department of Education and other regulatory agencies within the local, county, state and federal 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. The development of draft policies shall be the responsibility of the Superintendent. Action on Board policy proposals will be taken by the Board. Adopted:  March 12, 1987 Revised:  October 19, 2000 Revised:  May 16, 2013

  • BEDG

    NEPN/NSBA Code:  BEDG MINUTES The Superintendent, in his/her function as Board Secretary, shall ensure that accurate records are kept of all meetings of the Board. Minutes of all meetings shall be mailed to all Board members, the media and other designated persons with the next regular meeting agenda.  Board minutes are made available for public inspection after Board approval. Legal Reference:  20-A MRSA § 1055 Adopted:  March 12, 1987 Revised:  October 19, 2000 Revised:  May 2, 2013

  • BEDF

    NEPN/NSBA Code:  BEDF VOTING METHOD Voting shall be by a show of hands with members indicating “yes”, “no”, or “abstain”.  All members’ votes shall be recorded in the minutes. Any Board member can request a roll call vote whenever they deem an issue warrants it.  The Board will honor such a request. The names of the members shall be called and each member shall respond “yes”, “no”, or “abstain”. Maine public officials are obliged to vote openly; thus, secret ballots are not to be used by the Board of Directors. A motion shall be declared carried upon the affirmative vote of the majority of the members present, unless otherwise required by law or Board policy. Adopted:  October 19, 2000 Revised:  September 5, 2002 Revised:  May 2, 2013

  • BEDD

    NEPN/NSBA Code:  BEDD RULES OF ORDER Except as otherwise provided by law, by regulations of the Department of Education, or by Board policy, Robert’s Rules of Order, Revised (latest edition available) shall be used to resolve procedural uncertainties. Adopted:  March 12, 1987 Revised:   October 19, 2000 Revised:   May 2, 2013

  • BEDC

    NEPN/NSBA Code:  BEDC QUORUM Unless otherwise required by law or Board policy, a majority of the full membership of the Board of Directors shall constitute a quorum for purposes of taking action. Legal Reference: 20-A MRSA §1257 Adopted:  October 19, 2000 Revised:  May 2, 2013

  • BEDB

    NEPN/NSBA Code:  BEDB AGENDA PREPARATION AND DISSEMINATION The Superintendent, in cooperation with the Chairperson, shall prepare an agenda for each meeting.  Board members, school staff and members of the public may submit written requests including e-mail that items be placed on the agenda a minimum of two (2) days prior to the meeting.  The request must include supporting documents and information. The Superintendent and Board Chairperson shall make the final decision regarding placement of items on the agenda. Agendas and supporting information will be mailed to each Board member on the Friday prior to the regular Thursday meeting. Copies of the regular meeting agenda and minutes of the previous meeting are delivered to the Assistant Superintendent and each school.  Copies are mailed to the Board’s student representatives, representatives of each town, union representatives, the local media, and interested parties who have requested same.  Individuals may obtain copies of the agenda at the regular meeting or at the Superintendent’s Office prior to the meeting. Adopted: October 19, 2000 Revised: May 2, 2013

  • BEDA

    NEPN/NSBA Code:  BEDA NOTIFICATION OF BOARD MEETINGS It shall be the policy of the Board of Directors to announce all meetings publicly.  Except in the event of rare emergencies, such announcement will be made by the Superintendent/ designee in a minimum of three (3) business days to allow public attendance and shall be disseminated in a manner reasonably calculated to notify the general public. Whenever possible, Board members shall receive notice of special or emergency meetings at least 24 hours in advance.  Such notice shall include the date, time, location and purpose of the meeting. The Superintendent/designee shall, whenever practical, notify local representatives of the media by the same or faster means as used to notify Board members. Legal Reference:   1 MRSA § 401 et seq. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: May 2, 2013

  • BEC-E

    NEPN/NSBA Code:  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; and 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; and 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: 1 MRSA § 405 Adopted: October 19, 2000 Revised: April 24, 2013

  • BEC

    NEPN/NSBA Code:  BEC EXECUTIVE SESSIONS Except as provided by law, all meetings of the Board of Directors shall be open to the public, and all persons shall be permitted to attend the meetings.  The Board may hold executive sessions upon recorded vote of 3/5 of the members present and voting, and any motion 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. By its very nature, the subject matter of executive sessions is confidential.  It is expected that all parties to such discussions will respect the need for confidentiality. Legal Reference: 1 MRSA § 401 et seq. Adopted: October 19, 2000 Revised: April 24, 2013

  • BEA

    NEPN NSBA Code:  BEA SCHOOL BOARD USE OF ELECTRONIC COMMUNICATION Use of electronic communication by school board members should conform to the same standards of judgment, propriety and ethics as other forms of school board-related communication.  Board members should be aware that electronic communication and electronic communication 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.  Board members shall comply with the following guidelines when using electronic communication in the conduct of board responsibilities: A. The School Board shall not use electronic communication as a substitute for deliberations at Board meetings or for other communications or business properly confined to Board meetings. B. 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: JRA - Student Educational Records Adopted: November 18, 2004 Revised: April 11, 2013

  • BE

    NEPN/NSBA Code:  BE BOARD MEETINGS All meetings of the Board of Directors shall be open to the public, except executive sessions, as provided by law. Regular Meetings The Board of Directors will generally hold regular business meetings on the first and third Thursday each month beginning at 7:00 p.m.  Regular meetings are held in the Paul Johnson Library at Noble High School. Special Meetings A special meeting may be called by the Chairperson or Vice-Chairperson of the Board at their discretion, at the request of the Superintendent, or at the request of any three members of the Board of Directors.  No business shall be transacted except that for which the meeting is called. Emergency Meetings An emergency meeting is any meeting called with fewer than four days’ notice.  Such a meeting may be called by the Chairperson, Vice-Chairperson or Superintendent.  No business shall be transacted except that for which the meeting is called. Informational Meetings The Board may, at its discretion, hold informational meetings on topics of interest or in preparation for regular Board meetings.  No official action shall be taken at informational meetings. Executive Sessions Executive sessions of the Board shall be called in accordance with state law and at such time and place as required for discussion of matters permitted by statute.  No final action may be taken on topics while in executive session; all actions of the Board are required by law to be in a public meeting. Legal Reference: 1 MRSA § 403 et seq. 20-A MRSA § 1001 Adopted: March 12, 1987 Revised: October 19, 2000 Revised: September 6, 2012 Revised: April 24, 2013

  • BDD

    NEPN/NSBA Code:  BDD BOARD-SUPERINTENDENT RELATIONSHIP The Board of Directors believes that the development and adoption of policies for the district is the most important function of a Board and that the execution of the policies should be the function of the Superintendent. Delegation of its executive powers by the Board to the Superintendent provides freedom for the Superintendent to manage the schools within the parameters of the Board’s policies and frees the Board to devote its time to policymaking, planning and appraisal functions. The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of school programs and facilities, and for keeping the Board informed about school operations and problems. Legal Reference: 20-A MRSA §§ 1001; 1051 Adopted: March 12, 1987 Revised: October 19, 2000 Revised: April 24, 2013

  • BDA

    NEPN/NSBA Code:  BDA BOARD ORGANIZATIONAL MEETING Reorganization shall be effected at the first regular meeting of the Board following the start of the new fiscal year on July 1st.  At this meeting, there shall be an election for the ensuing year of a Chairperson and a Vice-Chairperson. The organizational meeting shall be called to order by the Superintendent, who shall preside until the Chairperson has been elected by a majority of the Board. Legal Reference: 20-A MRSA § 1251 Adopted: March 12, 1987 Revised: October 19, 2000 Revised: May 28, 2002 Revised: January 17, 2013

  • BCC

    NEPN/NSBA Code: BCC NEPOTISM It shall be the policy of the Board of Directors that the immediate family of any MSAD #60 supervisory employee shall not be employed by the District in any permanent capacity falling under the supervision of such employee.  Current employees as of January 17, 2013 notwithstanding. Immediate family shall be defined as; spouse, child, domestic partner of said supervisory employee. The superintendent shall have the right to waive this policy given an alternative and appropriate option for supervision of the employee. Adopted:  October 18, 1990 Revised: October 19, 2000 Revised:  January 17, 2013

  • BCB

    NEPN/NSBA Code:  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/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 unit 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. No member of the Board or spouse of a member shall be employed in any public school within the unit. Board members may not candidate for employment in the district in the district until one year after Board membership is terminated. Code of Conduct for Federally Funded Procurements. When a Board member participates in the selection, award, or administration of a contract that is supported by federal award, the Board member shall also comply with Policy DJH- Purchasing and Contracting: Procurement Staff Code of Conduct. Legal Reference: 20-A MRSA§ 1002 et seq., § 1051 7 MRSA § 3104 30-A MRSA §§ 2251, 2604 et seq. Cross Reference: DJH Purchasing and Contracting: Procurement Staff Code of Conduct Adopted: October 19, 2000 Revised: January 17, 2013 Revised: September 24, 2014 Revised June 15, 2017

  • BAA

    NEPN/NSBA Code:  BAA BOARD SELF-EVALUATION The Board of Directors shall conduct a self-evaluation on a biannual basis in accordance with the National School Board Association evaluation standards. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: February 14, 2013

  • ADF

    NEPN/NSBA CODE: ADF SCHOOL UNIT COMMITMENT TO LEARNING RESULTS The MSAD #60 Board of Directors hereby adopts the system of learning results and the Maine Department of Education’s applicable rules.  The learning results system is intended to serve as a foundation for education reform and to promote and provide assessment of student learning, accountability and equity.  The Board recognizes that the legislative intent of the learning results system 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 system has 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 ensure that they are consistent with the intent and goals of the learning results system. The Board will also ensure that there is alignment between the system of learning results and programs developed by MSAD #60. The Board directs the Superintendent to develop a plan and timeline for implementing the learning results system, 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 system. Legal References: 20-A MRSA §§ 6208-6209 L.D. 1536, Chapter 51 Resolves Chapter 131 (Maine Dept. of Ed. Rules) Adopted: April 9, 1998 Revised: October 19, 2000 Revised: September 8, 2015

  • ADC-R

    ADC-R Procedure USE and POSSESSION of TOBACCO PRODUCTS and ELECTRONIC NICOTINE DELIVERY SYSTEMS STUDENTS: Administrators in all buildings will be responsible for communicating the consequences of the tobacco policy to their students.  Students will be made very well aware of the consequences of bringing tobacco to the school grounds and this will be strictly enforced.  Administrators will attach their regulations to this policy in their school’s policy manual. Grades K-7 First Offense:  A written notice will be sent to the parent or legal guardian regarding the tobacco violation that shall be signed by the parent or legal guardian and returned to school.  The school administrator will hold a conference with the student who has violated the tobacco policy and the student will be referred to the school nurse for further assessment. Second Offense:  A written notice will be sent to the parent or legal guardian regarding the tobacco violation that shall be signed by the parent or legal guardian and returned to school.  The school administrator will hold a conference with the student who has violated the tobacco policy and the student will be referred to the school nurse for further assessment.  The student will also be referred to the police with the confiscated material. In addition, the student will be issued a detention that should include a tobacco prevention education component.  The student will be given resources for available cessation programs. Third Offense:  A written notice will be sent to the parent or legal guardian regarding the tobacco violation that shall be signed by the parent or legal guardian and returned to school.  The school administrator will hold a conference with the student who has violated the tobacco policy and the student will be referred to the school nurse and school counselor for further assessment.  The student will also be referred to the police with the confiscated material. The student’s record will be reviewed and acted on by administration to determine if suspension and/or community service is required.  A police report will be filed and processed for action. Grades 8-12 First Offense:  1-day suspension. A report will be filed with the police department documenting the violation for possible court proceeding and the student will be provided information about smoking cessation programs. Second Offense: 2-day suspension. A report will be filed with the police department documenting the violation for a possible court proceeding and the student will be provided information about smoking cessation programs. Third Offense: 4-day suspension. A report will be filed and processed for court action.  High School students will be referred to the Discipline Review Team and the student will be provided information about smoking cessation programs. After the Third Offense: The student’s record will be reviewed and acted on by the Superintendent and School Board for possible expulsion and/or long-term suspension.  A police report will be filed and processed for action and the student will be provided with information about smoking cessation programs. STAFF: Faculty and staff are included in provisions of the state law, which prohibits tobacco use on school property and school vehicles.  Those staff members violating this policy will be subject to disciplinary actions outlined in the employee manual.  These actions will also be attached to this policy in the school’s policy manual.  Any investigation into violations of this policy by staff will follow due process as outlined in the applicable union contract. First Offense:  Written warning by the appropriate administrator.  In addition, staff members will also be given access to local smoking cessation program at district expense. Second Offense:  A one day suspension without pay, a formal written reprimand by the appropriate administrator will be placed in the personnel file and the staff member will be referred to a smoking cessation program at their expense. Third Offense:  The staff member will be required to meet with the Superintendent to discuss incidents.  In addition, a referral to a smoking cessation program will be given and they may be subject to a possible suspension without pay or dismissal. VISITORS: Visitors must comply with the regulations set forth in this policy by the MSAD #60 School Board.  Smoking or the use of tobacco on school property by visitors is prohibited. This includes non-school hours and all functions, athletic or otherwise, that take place on school property. Anyone found smoking or using tobacco products will be informed of the school tobacco-free policy and asked to refrain from use while on school property.  If the visitor does not comply, they will be asked to leave school property. If the visitor refuses to leave, law enforcement will be called. Legal References: 22 MRSA Subsection 1578-B Me. PL470 (An Act to Reduce Tobacco Use by Minors) 20 USC 6081 (Pro-Children Act of 1994-Goals 2000) Adopted: December 8, 1994 Revised: October 19, 2000 Revised: June 26, 2003 Revised: March 17, 2011 Revised: December 4, 2014 Revised: December 28, 2016

  • ADC

    NEPN/NSBA: ADC USE and POSSESSION of TOBACCO PRODUCTS and ELECTRONIC NICOTINE DELIVERY SYSTEMS MSAD #60 is a tobacco-free zone. In order to promote the health, welfare and safety of students, staff and visitors and to promote the cleanliness of all facilities, the Board prohibits smoking and all other use of tobacco products and electronic vaporizers commonly used for nicotine delivery (including but not limited to e-cigarettes, e-hookahs, vape pens, or similar devices, herbal cigarettes, dip and chew) in school buildings, on school property, on school buses or in any other School District  vehicle, at all times and by all persons. Employees and all other persons are also strictly prohibited, under law and Board policy, from selling, distributing or in any way dispensing tobacco products and electronic nicotine delivery systems to students.  Employees may not use tobacco products or electronic nicotine delivery systems at any time while supervising students, whether on or off school property. Legal References: 22 MRSA § 1578(B); 1580(A)(3) Me. PL 470 (An Act to Reduce Tobacco Use By Minors) 20 USC §4301 et seq. (Pro-Children Act of 2001) ADOPTED:   December 8, 1994 REVISED:     October 19, 2000 June 26, 2003 March 17, 2011 December 4, 2014 January 8, 2015 January 12, 2017

  • ADAA

    NEPN/NSBA Code: ADAA SCHOOL SYSTEM COMMITMENT TO STANDARDS FOR ETHICAL AND RESPONSIBLE BEHAVIOR The MSAD #60 School Board believes that promoting ethical and responsible behavior is an essential part of the school unit’s educational mission. The Board recognizes that ethics, constructive attitudes, responsible behavior, and “character” are important if a student is to leave school as a “responsible and involved citizen,” as described in the Guiding Principles of the Maine Learning Results. The Board also recognizes that Maine law requires the adoption of a district-wide student code of conduct consistent with statewide standards for student behavior developed by the Commissioner of the Department of Education in compliance with 20-A MRSA § 254(11). The Board seeks to create and maintain a school climate in which ethical and responsible behavior can flourish. The Board believes that instilling a sense of ethics and responsibility in students requires setting positive expectations for student behavior as well as establishing disciplinary consequences for behavior that violates Board policy or school rules. Further, the Board believes that in order to teach ethical and responsible behavior, adults who interact with students must strive to model and reinforce ethical and responsible behavior. To that end, the Board supports an active partnership between schools and parents. Recognizing that collaboratively identified core values are the foundation for a school culture that encourages and reinforces ethical and responsible student behavior, the Board is committed to the establishment and implementation of a process for identifying shared values and setting and enforcing standards for behavior, including prescription of consequences for unacceptable behavior. The process for identifying such shared values will invite and include the participation of Board members, school administrators, staff, parents, students, and the community. Core values will be reviewed periodically, with opportunity for public participation. The Board will direct the Superintendent/designee to develop a process to assess school system progress toward achievement of an ethical and responsible school culture. Following the identification of core values, the Board, with input from administrators, staff, parents, students, and members of the community, will adopt a Student Code of Conduct consistent with statewide standards for student behavior that shall, as required by law: A. Define unacceptable student behavior; B. Establish standards of student responsibility for behavior; C. Prescribe consequences for violation of the Student Code of Conduct, including first- time violations, when appropriate; D. Describe appropriate procedures for referring students in need of special services to those services; E. Establish criteria to determine when further assessment of a current Individual Education Plan (IEP) is necessary, based on removal of the student from class; F. Establish policies and procedures concerning the removal of disruptive or violent students from a classroom or a school bus, as well as student disciplinary and placement decisions, when appropriate; and G. Establish guidelines and criteria concerning the appropriate circumstances when the Superintendent/designee may provide information to the local police or other appropriate law enforcement authorities regarding an offense that involves violence committed by any person on school grounds or other school property. The Student Code of Conduct will be reviewed periodically by the Board, with input from administrators, staff, parents, students, and members of the community. Students, parents, staff, and the community will be informed of the Student Code of Conduct through handbooks and/or other means selected by the Superintendent/designee. Ethics and Curriculum The Board encourages examination and discussion of ethical issues within content areas of the curriculum, as appropriate. The Board also encourages schools to provide students with meaningful opportunities to apply values and ethical and responsible behavior through activities such as problem solving, community service, peer mediation, and student government/leadership development. Legal Reference: 20-A MRSA §§ 254, 1001(15) Adopted:  January 8, 2015

  • ACAD

    NEPN/NSBA Code: ACAD HAZING Maine statute defines injurious hazing as "any action or situation, including harassing behavior that recklessly or intentionally endangers the mental or physical health of any school personnel or a student enrolled in a public school." Injurious hazing also includes any activity expected of a student as a condition of joining or maintaining membership in a group that humiliates, degrades, abuses or endangers a student, regardless of the student's willingness to participate in the activity. It is the policy of the Board that injurious hazing activities of any type, either on or off school property, by any student, staff member, group or organization affiliated with this school unit shall be prohibited at all times. “Harassing behavior” includes acts of intimidation and any other conduct that recklessly or intentionally endangers the mental or physical health of a student or staff member. “Acts of intimidation” include extortion, menacing, direct or indirect threats of violence, incidents of violence, bullying, statements or taunting of a malicious and/or derogatory nature that recklessly or intentionally endanger the mental or physical health of another person, and property damage or theft. No administrator, faculty member, or other employee of the school unit shall encourage, permit, condone, or tolerate injurious hazing activities. No student, including leaders of student organizations, shall plan, encourage, or engage in injurious hazing activities. Persons not associated with this school unit who fail to abide by this policy may be subject to ejection from school property and/or other measures may be available under the law. Administrators, family members, students and all other employees who fail to abide by this policy may be subject to disciplinary action which may include suspension, expulsion, or other appropriate measures. In the case of any organization affiliated with this school unit which authorizes hazing, penalties may include rescission of permission for that organization to operate on school property or to receive any other benefit of affiliation with the school unit. These penalties shall be in addition to any civil or criminal penalties to which the violator or organization may be subject. The Superintendent shall assume responsibility for administering this policy. In the event that an individual or organization disagrees with an action-or lack of action- on the part of the Superintendent as he/she carries out the provisions of this policy, that individual or organization may appeal to the Board. The ruling of the Board, with respect to the provisions of this policy, shall be final. This right to appeal does not apply to student suspensions of 10 days or less or to matters submitted to grievance procedures under applicable collective bargaining agreements. A copy of this policy shall be included in all school, parent, and employee handbooks or otherwise distributed to all school employees and students. Legal Reference: 20-MRSA §6553 Cross Reference: ACAA - Harassment and Sexual Harassment of Students ACAB - Harassment and Sexual Harassment of Employees JICIA - Weapons, Violence and School Safety Adopted: April 13, 2006 Revised: December 4, 2014 Revised: November 7, 2019

  • AB

    NEPN/NSBA Code:  AB THE PEOPLE AND THEIR SCHOOL UNIT The public schools belong to the people. The people exercise their proprietorship through the elective process at the national, state and local levels. They elect state and federal representatives who establish the framework of laws within which the schools operate. The people elect a Board of Directors to represent them to determine local educational policy. The Board is mindful that its members are accountable to the people through the elective process. The Board also believes that accountability for the effectiveness of the school unit is a responsibility shared by the Directors, the Superintendent, students, teachers, administrators, and the people. Adopted: March 12, 1987 Revised: October 19, 2000 Revised: December 4, 2014

  • KLA

    KLA/JJIBC RELATIONS WITH BOOSTER CLUBS 1.0 The Board of Directors recognizes the role of booster clubs in assisting the schools in enriching extra- and co-curricular activities and enabling more students to participate in such activities.  A booster club is a parent and/or community club that is organized for the purpose of providing resources to support a particular sport or activity in the school or school system and to support the school in recognizing student participation in athletics and activities. 2.0 Only those booster clubs that have been approved by the Athletic Director/School Principal may use the name and/or logo of M.S.A.D.#60 or its schools.  All booster clubs must follow school and district policies. 3.0 In order to be approved as a booster club, a club must meet the following criteria: 3.1 The club must be adults; 3.2 The booster president or designee must make application to the Director of Athletics/School Principal for all uses of school facilities for fund raising projects, in accordance with the Board’s facilities use policy and procedures (Policies KG, KG-R, KG-P); 3.3 Use of school facilities by the club will comply with all policies and regulations established by the Board and, as applicable, the Maine Principals' Association; 3.4 All fundraising activities must be approved in advance by the Athletic Director/School Principal. All booster clubs must follow board policy and MPA Sport Season Policy regarding fundraising. Any promotion, advertising, or announcement of booster activities must have advance approval of the Athletic Director/School Principal. Clubs must also follow the district’s Nutritional Guidelines for concession stands. 3.5 Fundraising activities will not be conducted within the school during school hours. Students and staff may assist booster club activities provided the assistance does not occur during instructional time. 3.6 All funds raised by the club must be used to achieve the stated purposes of the club; 3.7 Booster clubs may choose to be independent entities with their own tax identification number. In such cases: A. The Booster club may not lawfully use the school’s sales tax exemption for purchases or sales; B. The club must maintain bank and financial records separate from the school.  The organization will provide to the Board quarterly or upon request, a complete set of financial records: C. A copy of the bank statement and bank reconciliation assuring that the cash on the balance sheet agrees with the reconciliation, D. A summary statement of revenues and expenditures E. A detailed statement of revenues and expenses; Page 1 of 2 F.  At the Board's discretion, booster clubs may be required to submit to an independent audit conducted by a certified, independent auditor at the club's expense, and shall include all records since the last audit; 3.8 If a booster club does not wish to be an independent entity, it may use the district’s tax identification number.  In such cases, the club must maintain an individual account in the Office of the Principal. All funds raised by the booster club will be submitted as soon as possible to the Athletic department for deposit into that booster club’s account through the Office of the Principal.  The Athletic Director shall be notified of spending requests recommended by the booster club prior to the distribution of funds and all payments must be made through the Office of the Principal. Each booster club may maintain a petty cash account of up to $500, which must be turned in for final reconciliation within one month of the end of the sports season. 3.9 All booster club members must follow the MSAD 60 Cash Handling Policy. 3.10 Booster club gifts to students shall relate to the activity; 3.11 The Board will consider gender equity and budget implications before accepting Booster club donations; 3.12 Any booster club plan or project that would require expansion, renovation, or construction of school facilities or would increase maintenance costs for facilities shall require Board approval; 3.13 Any booster club plan to provide awards or recognition to teams or individual students must be approved by the appropriate administrator before any gift is purchased; 3.14 The Varsity Coach will be included in the booster club’s decision-making process.  No coach or immediate family members of the coach will have sole fiscal or management responsibilities in the club. 3.15 Booster clubs may not directly pay coaches or officials unless appropriate tax documentation is collected before payment is made or the payment goes through the M.S.A.D.#60 payroll account. 3.16 Booster clubs will not influence the selection of coaches, assistant coaches or advisors nor assume any supervisory responsibility of coaches or advisors. 4.0 The Board reserves the right to revoke the approval of any booster club if it is found that the club’s operations and purposes are inconsistent with Board policies. Adopted:  May 28, 2009 Cross Reference: JJIBC

  • JKAA-R

    NEPN/NSBA Code: JKAA-R PROCEDURES ON PHYSICAL RESTRAINT AND SECLUSION These procedures are established for the purpose of meeting the obligations of M.S.A.D #60 under state law/regulations and Board Policy JKAA governing the use of physical restraint and seclusion. These procedures shall be interpreted in a manner consistent with state law and regulations. I. DEFINITIONS. For purposes of these procedures, the terms “physical restraint” and “seclusion” shall have the meanings defined in Policy JKAA. Definitions for other important terms in this procedure include: A. Emergency: A sudden, urgent occurrence, usually unexpected, but sometimes anticipated, that requires immediate action. B. Risk of injury or harm: A situation in which a student has the means to cause physical harm or injury to him/herself or others and such injury or harm is likely to occur, such that a reasonable and prudent person would take steps to protect the student and others against the risk of such injury or harm. C. Dangerous behavior: Behavior that presents a risk of injury or harm to a student or others. D. Serious bodily injury: Is any impairment of the physical condition of a person, whether self-inflected or inflected by someone else, that requires a medical practitioner, including, but not limited to a school nurse, to evaluate and/or to treat the person. 20-A M.R.S.A§4014 (G)(1) II. PHYSICAL RESTRAINT. To the extent possible, physical restraint will be implemented by staff certified in a training program approved by the Maine Department of Education. If untrained staff have intervened and initiated a physical restraint in an emergency, trained staff must be summoned to the scene to assume control of the situation if the emergency continues. This procedure does not preclude law enforcement personnel from implementing physical restraints in carrying out their professional responsibilities. A. Permitted Uses of Physical Restraint 1. Physical restraint may be used only as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate. The physical restraint must end immediately upon cessation of the imminent risk of serious physical injury to the student or another person, and should involve the least amount of force necessary to protect the student or other person. 2. Physical restraint may be used to move a student only if the need for movement outweighs the risk involved in such movement. 3. Prescribed medications, harnesses, and other assistive or protective devices may be used as permitted by Rule Chapter 33. 4. Parents may be requested to provide assistance at any time. B. Prohibited Forms and Uses of Physical Restraint 1. Physical restraint used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior. Page 1 of 7 NEPN/NSBA Code: JKAA-R 2. Physical restraint used to prevent property destruction or disruption of the environment in the absence of a risk of injury or harm. 3. Physical restraint that restricts the free movement of a student’s diaphragm or chest, or that restricts the airway so as to interrupt normal breathing or speech (restraint-related asphyxia). 4. Physical restraint that relies on pain for control, including but not limited to joint hyperextension, excessive force, unsupported take-downs (e.g., tackles), the use of any physical structure (e.g., wall, railing or post), punching and hitting. 5. Physical restraint that is contraindicated based on the child's disability, health care needs, or medical or psychiatric condition if documents in: a. A health care directive or medical management plan; b. A school-approved behavior plan; c. An IEP or an Individual Family Service Plan (IFSP), or d. A school-approved 504 or ADA plan. 6. Aversive procedures and mechanical and chemical restraints. a. Aversive procedures are defined as the use of a substance or stimulus, intended to modify behavior, which the person administering it knows or should know is likely to cause physical and/or emotional trauma to a student, even when the substance or stimulus appears to be pleasant or neutral to others. Such substances and stimuli include but are not limited to infliction of bodily pain (e.g., hitting, pinching, slapping); water spray; noxious fumes; extreme physical exercise; costumes or signs. b. Mechanical restraints are defined as any item worn by or placed on the student to limit behavior or movement and which cannot be removed by the student. Prescribed assistive devices are not considered mechanical restraints when used as prescribed and their use is supervised by qualified and trained individuals in accordance with professional standards. c. Chemical restraints are defined as the use of medication, including those administered PRN (as needed), given involuntarily to control student behavior. Prescribed medications are not considered chemical restraints when administered by a health care provider in accordance with a student’s health care plan. C. Monitoring Students in Physical Restraint 1. At least two adults must be present at all times when physical restraint is used except when, for safety reasons, waiting for a second adult to arrive is precluded by the particular circumstances. 2. The student must be continuously monitored until he/she no longer presents a risk of injury or harm to him/herself or others. 3. If an injury occurs, applicable school policies and procedures should be followed. D. Termination of Physical Restraint Page 2 of 7 NEPN/NSBA Code: JKAA-R 1. The staff involved in the use of physical restraint must continually assess for signs that the student is no longer presenting a risk of injury or harm to him/herself or others, and the emergency intervention must be discontinued as soon as possible. a. The time a student is in physical restraint must be monitored and recorded. b. If physical restraint continues for more than ten (10) minutes, an administrator/designee shall determine whether continued physical restraint is warranted, and shall continue to monitor the status of the physical restraint every ten (10) minutes until the restraint is terminated. c. If attempts to release a student from physical restraint have been unsuccessful and the student continues to present behaviors that create a risk of injury or harm to him/herself or others, then staff may request additional assistance from other school staff, parents, medical providers,or other appropriate persons or organizations. III. SECLUSION. To the extent possible, seclusion will be implemented by staff certified in a training program approved by the Maine Department of Education. If untrained staff have intervened and initiated seclusion in an emergency, trained staff must be summoned to the scene as soon as possible. A “timeout” where a student requests, or complies with an adult request for, a break is not considered seclusion under this procedure. Seclusion also does not include any situation where others are present in the room or defined area with the student (including but not limited to classrooms, offices and other school locations). A. Permitted Uses and Location of Seclusion 1. Seclusion may be used only as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others, and only after other less intrusive interventions have failed or been deemed inappropriate. 2. Seclusion may be achieved in any part of a school building with adequate light, heat, ventilation and of normal room height. a. Seclusion may not take place in a locked room. b. If a specific room is designated as a seclusion room, it must be a minimum of sixty (60) square feet; have adequate light, heat and ventilation; be of normal room height; contain an unbreakable observation window in a wall or door; and must be free of hazardous materials and objects which the student could use to self-inflict bodily injury. 3. Parents may be requested to provide assistance at any time. B. Prohibited Uses of Seclusion 1. Seclusion used for punitive purposes; as a therapeutic or educational intervention; for staff convenience; or to control challenging behavior. 2. Seclusion used to prevent property destruction or disruption of the environment in the absence of a risk of injury or harm. 3. Seclusion that is life threatening. Page 3 of 7 NEPN/NSBA Code: JKAA-R 4. Seclusion that is contraindicated based on the child's disability, health care needs, or medical or psychiatric condition if documented in: a. A health care directive or medical management plan; b. A school-approved behavior plan; c. An IEP or IFSP; or d. A school-approved 504 or ADA plan. C. Monitoring Students in Seclusion 1. At least one adult must be physically present at all times to continuously monitor a student in seclusion. The adult, while not present in the room or defined area, must be situated so that the student is visible at all times. 2. The student must be continuously monitored until he/she no longer presents a risk of injury or harm to him/herself or others. 3. If an injury occurs, applicable school policies and procedures should be followed. D. Termination of Seclusion 1. The staff involved in the seclusion must continually assess for signs that the student is no longer presenting a risk of injury or harm to him/herself or others, and the emergency intervention must be discontinued as soon as possible. a. The time a student is in seclusion must be monitored and recorded. b. If seclusion continues for more than ten (10) minutes, an administrator/designee shall determine whether continued seclusion is warranted, and shall continue to monitor the status of the seclusion every ten (10) minutes until the restraint is terminated. c. If attempts to release a student from seclusion have been unsuccessful and the student continues to present behaviors that create an imminent risk of injury or harm to him/herself or others, then staff may request additional assistance from other school staff, parents, medical providers, or other appropriate persons or organizations. IV. NOTIFICATION AND REPORTS OF PHYSICAL RESTRAINT AND SECLUSION INCIDENTS. For the purposes of this procedure, an “incident” consists of all actions between the time a student begins to create a risk of harm and the time the student ceases to pose a risk of harm and returns to his/her regular programming. A. Notice Requirements After each incident of physical restraint or seclusion: 1. A staff member involved in the incident shall make an oral notification to the administrator/designee as soon as possible, but no later than the end of the school day. 2. An administrator/designee shall notify the parent/legal guardian about the physical restraint or seclusion (and any related first aid provided) as soon as practical, but within the school day in which the incident occurred. The administrator/designee must utilize all available phone numbers or other available contact information to reach the parent/legal guardian. If the parent/legal guardian is unavailable, the administrator/designee must leave a message (if the parent/legal guardian has a phone and message capability) to contact the school as soon as possible. The parent/legal guardian must be informed that written documentation will be provided within seven (7) calendar days. Page 4 of 7 NEPN/NSBA Code: JKAA-R 3. If the physical restraint or seclusion incident occurred outside the school day, the notifications must be made as soon as possible and in accordance with M.S.A.D #60 usual emergency notification procedures. 4. If serious bodily injury or death of a student occurs during the implementation of physical restraint or seclusion, M.S.A.D #60 emergency notification procedures shall be followed and an administrator/designee shall notify the Maine Department of Education within twenty-four (24) hours or the next business day. B. Incident Reports Each use of physical restraint or seclusion must be documented in an incident report. The incident report must be completed and provided to an administrator/designee as soon as practical, and in all cases within two (2) school days of the incident. The parent/legal guardian must be provided a copy of the incident report within seven (7) calendar days of the incident. The incident report must include the following elements: 1. Student name; 2. Age, gender and grade; 3. Location of the incident; 4. Date of the incident; 5. Date of report; 6. Person completing the report; 7. Beginning and ending time of each physical restraint and/or seclusion; 8. Total time of incident; 9. Description of prior events and circumstances; 10. Less restrictive interventions tried prior to the use of physical restraint and/or seclusion and, if none were used, the reasons why; 11. The student behavior justifying the use of physical restraint or seclusion; 12. A detailed description of the physical restraint or seclusion used; 13. The staff person(s) involved, their role in the physical restraint or seclusion, and whether each person is certified in an approved training program; 14. Description of the incident, including the resolution and process of returning the student to his/her program, if appropriate; 15. Whether the student has an IEP, 504 Plan, behavior plan, IHP (individual health plan) or any other plan; 16. If a student and/or staff sustained bodily injury, the date and time of nurse or other response personnel notification and any treatment administered; 17. The date, time and method of parent/legal guardian notification; 18. The date and time of administrator/designee notification; and 19. Date and time of staff debriefing. Copies of the incident reports shall be maintained in the student’s file and in the school office. Page 5 of 7 NEPN/NSBA Code: JKAA-R V. SCHOOL UNIT RESPONSE FOLLOWING THE USE OF PHYSICAL RESTRAINT OR SECLUSION. A. Following each incident of physical restraint or seclusion, an administrator/designee shall take these steps within two (2) school days (unless serious bodily injury requiring emergency medical treatment occurred, in which case these steps must take place as soon as possible, but no later than the next school day): 1. Review the incident with all staff persons involved to discuss: (a) whether the use of physical restraint or seclusion complied with state and school board requirements and (b) how to prevent or reduce the need for physical restraint and/or seclusion in the future. 2. Meet with the student who was physically restrained or secluded to discuss: (a) what triggered the student’s escalation and (b) what the student and staff can do to reduce the need for physical restraint and/or seclusion in the future. B. Following the meetings, staff must develop and implement a written plan for response and de-escalation for the student. If a plan already exists, staff must review it and make revisions, if appropriate. For the purposes of this procedure, “de-escalation” is the use of behavior management techniques intended to cause a situation involving problem behavior of a student to become more controlled, calm and less dangerous, thus reducing the risk of injury or harm. VI. PROCEDURE FOR STUDENTS WITH THREE INCIDENTS IN A SCHOOL YEAR. The school unit will make reasonable, documented efforts to encourage parent/legal guardian participation in the meetings required in this section, and to schedule meetings at times convenient for parents/legal guardians to attend. A. Special Education/504 Students 1. After the third incident of physical restraint and/or seclusion in one school year, the student’s IEP or 504 Team shall meet within ten (10) school days of the third incident to discuss the incident and consider the need to conduct an FBA (functional behavioral assessment) and/or develop a BIP (behavior intervention plan), or amend an existing one. B. All Other Students 1. A team consisting of the parent/legal guardian, administrator/designee, a teacher for the student, a staff member involved in the incident (if not the administrator/designee or teacher already invited), and other appropriate staff shall meet within ten (10) school days to discuss the incidents. 2. The team shall consider the appropriateness of a referral to special education and, regardless of whether a referral to special education is made, the need to conduct an FBA (functional behavior assessment) and/or develop a BIP (behavior intervention plan). VII. CUMULATIVE REPORTING REQUIREMENTS A. Reports within the School Unit 1. Each building administrator must report the following data on a quarterly and annual basis: a. Aggregate number of uses of physical restraint; b. Aggregate number of students placed in physical restraint; c. Aggregate number of uses of seclusion; Page 6 of 7 NEPN/NSBA Code: JKAA-R d. Aggregate number of students placed in seclusion; e. Aggregate number of serious bodily injuries to students related to the use of physical restraints and seclusions; and f. Aggregate number of serious bodily injuries to staff related to physical restraint and seclusion. 2. The Superintendent shall review the cumulative reports and identify any areas that could be addressed to reduce the future use of physical restraint and seclusion. B. Reports to Maine Department of Education 1. The Superintendent shall submit an annual report to the Maine Department of Education on an annual basis that includes the information required in Section 7.A.1 above. Legal Reference: Me. DOE Rule, ch. 33 Cross Reference: JKAA – Use of Physical Restraint and Seclusion Adopted: October 3, 2002 Revised: October 21, 2010 September 6, 2012 May 16, 2013 January 22, 2026 Page 7 of 7

  • JKAA

    NEPN/NSBA Code: JKAA USE OF PHYSICAL RESTRAINT AND SECLUSION The Board has adopted this policy and the accompanying procedures to implement the standards for use of physical restraint and seclusion with students, as required by state law and regulations, and to support a safe school environment. Physical restraint and seclusion, as defined by this policy, may only be used as an emergency intervention when the behavior of a student presents a risk of injury or harm to the student or others. The Superintendent has overall responsibility for implementing this policy and the accompanying procedure, but may delegate specific responsibilities as he/she deems appropriate. I. DEFINITIONS The following definitions apply to this policy and procedure: A. Physical restraint: means a personal restriction that immobilizes or reduces the ability of a student to move the arms, legs, or head freely. 20-A M.R.S.A.§4014 (1)(F) Physical restraint does not include any of the following: 1. Physical escort:the temporary, touching or holding of the hand, wrist, arm, shoulder, or back to induce a student to walk to a safe location. 20-A M.R.S.A.§4014 (1)(D) 2. Physical prompt: A teaching technique that involves voluntary physical contact with the student and that enables the student to learn or model the physical movement necessary for the development of the desired competency. 20-A M.R.S.A.§4014 (1)(E) 3. Physical contact: When the purpose of the intervention is to comfort a student and the student voluntarily accepts the contact. 4.The use of seat belts, safety belts or similar passenger restraints, when used as intended during the transportation of a child in a motor vehicle. 5. The use of a medically prescribed harness, when used as intended; the use of protective equipment or devices that are part of a treatment plan prescribed by a licensed health care provider; or prescribed assistive devices when used as prescribed and supervised by qualified and trained individuals. B. Seclusion: The involuntary confinement of a student alone in a room or clearly defined area from which the student does not feel free to leave the area or is physically prevented from leaving. Seclusion does not include: 1. Timeout: An intervention where a student requests, or complies with an adult request for, a break. II. PROCEDURES FOR IMPLEMENTING PHYSICAL RESTRAINT AND SECLUSION. The requirements for implementing physical restraint and seclusion, as well as incident notices, documentation and reporting are included in the accompanying procedure, JKAA-R. III. ANNUAL NOTICE OF POLICY/PROCEDURE. M.S.A.D #60 shall provide annual notice to parents/legal guardians of this policy/procedure by means determined by the Superintendent/designee. Page 1 of 2 IV. TRAINING REQUIREMENTS. A. All school staff and contracted providers shall receive an annual overview of this policy/procedure. B. M.S.A.D #60 will ensure that there are a sufficient number of administrators/designees, special education and other staff who maintain certification in a restraint and seclusion training program approved by the Maine Department of Education. A list of certified staff shall be updated annually and maintained in the Superintendent’s Office, in each school office and in the school unit’s Emergency Management Plan V. PARENT/LEGAL GUARDIAN COMPLAINT PROCEDURE. A parent/legal guardian who has a complaint concerning the implementation of this policy/procedure must submit it in writing to the Superintendent as soon as possible. The Superintendent/designee shall investigate the complaint and provide written findings to the parent/legal guardian within twenty (20) business days, if practicable. A parent/legal guardian who is dissatisfied with the result of the local complaint process may file a complaint with the Maine Department of Education. The Department of Education will review the results of the local complaint process and may initiate its own investigation at its sole discretion. The Department shall issue a written report with specific findings to the parent/legal guardian and the school unit within 60 calendar days of receiving the complaint. Legal Reference: 20-A M.R.S.A. §§ 4502(5) (M); 4009 Me. DOE Rule, ch. 33 Cross Reference: EBCA – Comprehensive Emergency Management Plan JKAA-R – Procedures of Physical Restraint and Seclusion JK – Student Discipline KLG/KLG-R – Relations with Law Enforcement KLGA/KLGA-R – Relations with School Resource Officers Adopted: October 3, 2002 Revised: October 21, 2010 September 6, 2012 May 16, 2013 January 22, 2026 Page 2 of 2

  • IHBAC

    NEPN/NSBA Code: IHBAC CHILD FIND MSAD #60 seeks to ensure that all children between the ages of three and 22 within its jurisdiction who are in need of special education and supportive services are identified, located and evaluated—whether those children live with their parents and attend MSAD #60 public schools, do not yet attend school, are tuitioned to schools in other units, receive home schooling, or are state wards, state agency clients or institutional residents as defined by Maine law. MSAD #60’s child identification procedure includes a unit-wide screening process offered at public expense to eligible students of school age to determine whether they may need referral to a pupil evaluation team (PET) and special education. The child identification procedure shall also include, in addition to information sent out regularly to parents in MSAD #60, written notification of M.S.A.D. #60’s child identification obligations sent on at least an annual basis to the following agencies, entities and persons: * Private schools within the school district; The local Child Development Services; Homeless shelters within the school district; Pediatricians and hospitals within the school district; Licensed day care facilities within the school district; Parent support groups within the school district; Home schooling parents within the school district; State facilities and institutions within the school district (i.e., jails, mental hospitals, etc.); and That notification shall request the assistance of the entity notified in identifying any children who may be in need of special education. The notice shall list the name, address and telephone number of the special education director of the district. MSAD #60 shall also publish this information on at least an annual basis in the local newspaper serving the school district. Adopted: by the M.S.A.D. #60 Board of Directors on March 25, 1999. Revised: February 1, 2001 December 17, 2015 November 6, 2025

  • BEDH

    NEPN/NSBA Code: BEDH PUBLIC COMMENT AT SCHOOL BOARD MEETINGS The primary purpose of School Board meetings is to conduct the business of the Board related to Board policies, programs, and operations. The Board encourages residents to attend Board meetings so that they may become acquainted with the operations and programs of the schools. The Board also recognizes the value of public comments on school and educational matters. To permit fair and orderly expression of public comments at Board business meetings while still allowing the Board to conduct its business efficiently, the Board has established the procedure below for regular business meetings. At special, emergency, or workshop meetings, public comments will be limited to the topic(s) of the particular meeting. The Board will include a public comment period at the start of the meeting, not to exceed ten (10) minutes. Comments by individuals are limited to a maximum of two (2) minutes at a meeting. Individuals may not relinquish a portion of their allotted time to another speaker or take more than one turn as speaker. In addition to speaking during the designated public comment portion of the agenda at Board meetings, members of the public are welcome to submit written comments on school and educational matters to the Board and Superintendent. 1. The Board will include a public comment period, not to exceed twenty-one (21) minutes on the agenda of its regular business meetings. Comments by individuals are limited to a maximum of three (3) minutes at a meeting. Individuals may not relinquish a portion of their allotted time to another speaker. The time limits in this paragraph may be modified at a particular meeting at the discretion of the Board. 2. The Board will hear public comments from residents of the school unit first. If there is time remaining in the public comment period once all residents have had the opportunity to speak, the Board will permit comments from non-residents. Individuals who wish to speak are required to fill out the sign-in form available at each Board meeting, prior to the beginning of the public comment period, and review a copy of this policy. Each individual will be required to state their name and town/city of residence before beginning their remarks and only participate one time during the public input session at any given meeting. 3. The Board Chair is responsible for ensuring the orderly conduct of Board meetings and for ensuring compliance with this policy, including the following rules of order: Speakers will be recognized by the Board Chair, and comments should be addressed to the Board Chair. Requests for information or concerns that require further research may be referred to the superintendent for further action, if necessary; Speakers are expected to avoid disruptive behaviors including but not limited to threatening others using words or by other actions or otherwise engaging in any activity that disrupts orderly meeting progress. Examples of disruptive conduct include, but are not limited to, approaching the board without seeking permission, exceeding the allotted time limits, talking over or interrupting others, repeating comments of previous members of the public, and offering comments on matters unrelated to the school unit’s programs, policies, or operations. Discussion of personnel matters is not permitted during the public comment period due to the privacy, confidentiality and due process rights of school unit employees. For purposes of this policy, “discussion of a personnel matter” means any discussion of job performance or conduct of a school unit employee, including complaints or positive/complimentary comments about them. Discussion of matters involving individual students are also not permitted during the public comment period due to the privacy, confidentiality, and due process rights of the school unit’s students. Any concerns about personnel matters and/or student matters should be directed to the Superintendent or another appropriate administrator outside of Board meetings so that they can be addressed through an alternative channel and in a manner consistent with privacy, confidentiality, and due process rights of the individuals involved. The Board Chair will stop any public comment that is contrary to these rules. g. Individuals who disrupt a Board meeting may be asked to leave in order to allow the Board to conduct its business in an orderly manner. The Board Chair may request the assistance of law enforcement if necessary to address disruptions or safety concerns. Legal Reference: 20-A MRSA § 1001(20) 20-A MRSA § 6101 1 MRSA § 405 Cross Reference: BE – School Board Meetings BEDB – Agenda BEDB-R – Agenda Format BEC – Executive Sessions KE – Public Concerns and Complaints Adopted: January 10, 1991 Revised: October 19, 2000 Revised: May 2, 2013 Revised: November 18, 2021 Revised: February 26, 2026

  • BEDBA

    NEPN/NSBA Code: BEDBA AGENDA FORMAT The order of business at regular Board of Directors’ meetings shall be as follows: A. Call to order and attendance; B. Flag salute; C. Recognition D. Public Input E. Approval of previous minutes; F. Agenda items; Committee Reports Employment G. Superintendent’s report; H. Other; and I. Public Input (at the discretion of the Board Chair) J. Adjournment. The order of business may be altered or items added or deleted from the agenda by a majority vote of Board members present. Adopted: March 12, 1987 Revised: October 19, 2000 May 2, 2013 July 16, 20226

  • ACAB-R

    NEPN/NSBA Code: ACAB-R EMPLOYEE DISCRIMINATION/HARASSMENT AND TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES The 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 – Unlawful 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 unlawful 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). [Note: We refer to a combined Affirmative Action Officer/Title IX Coordinator in this sample.] Any individual who is unsure about whether discrimination or harassment has occurred and/or or which complaint procedure applies is encouraged to contact the Affirmative Action Officer/Title IX Coordinator. Affirmative Action Officer/Title IX Coordinator MSAD #60 100 Noble Way North Berwick, Maine 03906 (207)676-2234 ext 1 affirmative.action@msad60.org Section 1. Definitions For purposes of these complaint procedures, the following definitions will be used. The Affirmative Action Officer/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 race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists, and locs); color; sex; sexual orientation; gender identity; pregnancy or related conditions; familial status; religion; ancestry or national origin; age; disability; or genetic information. Page 1 of 13 NEPN/NSBA Code: ACAB-R 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 (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists, and locs); color; sex; sexual orientation; gender identity; pregnancy or related conditions; familial status; religion; ancestry or national origin; age; disability; or genetic information (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. 9. “Retaliation:” “Retaliation” means intimidation, threats, coercion, or discrimination for the purpose of interfering with any right or privilege secured by nondiscrimination laws. 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: Page 2 of 13 NEPN/NSBA Code: ACAB-R 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/Title IX Coordinator. A report triggers certain actions by the AAO/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/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. 5. “Retaliation:” Under the Title IX regulations, “retaliation” means intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or the Title IX regulations. Section 2. 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 the victim of discrimination, harassment, or retaliation (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/Title IX Coordinator. 2. Any employee who believes they have been the victim of discrimination, harassment, or retaliation should report their concern promptly to the AAO/Title IX Coordinator. Page 3 of 13 NEPN/NSBA Code: ACAB-R 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/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 the victim of discrimination, harassment, or retaliation 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, 8th Floor, Boston, MA 02109-3921 (telephone: 617-289-0111). B. Complaint Handling and Investigation 1. The AAO/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/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/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/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/Title IX Coordinator as agreed during the investigation process. Page 4 of 13 NEPN/NSBA Code: ACAB-R 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 20 business 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/Title IX Coordinator. C. Findings and Subsequent Actions 1. The AAO/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/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 calendar [or business] days after receiving notice of the resolution. Page 5 of 13 NEPN/NSBA Code: ACAB-R 3. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate. 4. The Superintendent’s decision on the appeal shall be provided to the parties within 10 calendar [or business] days, if practicable. The Superintendent’s decision shall be final. The AAO/Title IX Coordinator shall keep a written record of the complaint process. Section 3. 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 AAO/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 AAO/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 or retaliation 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, 8th Floor, Boston, MA 02109-3921 (telephone: 617-289-0111). 6. The Superintendent shall be informed of all reports and formal complaints of sexual harassment. Page 6 of 13 NEPN/NSBA Code: ACAB-R 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 allegedly engaged in sexual harassment, description of allegation). Employees who need assistance in preparing a formal written complaint are encouraged to consult with the AAO/Title IX Coordinator. 2. In certain circumstances, the AAO/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 AAO/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) 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 AAO/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 AAO/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. Page 7 of 13 NEPN/NSBA Code: ACAB-R 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 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 calendar [or business] days); • 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 procedure); • 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 calendar [or business] 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 AAO/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 AAO/Title IX Coordinator believes the circumstances are appropriate, the AAO/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. Page 8 of 13 NEPN/NSBA Code: ACAB-R 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 AAO/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 AAO/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. Page 9 of 13 NEPN/NSBA Code: ACAB-R 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 calendar [or business] 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 calendar [or business] 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 20 business 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 calendar [or business] 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 business 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: Page 10 of 13 NEPN/NSBA Code: ACAB-R 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. Page 11 of 13 NEPN/NSBA Code: ACAB-R 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 calendar [or business] 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. 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 calendar [or business] days. 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 action(s). Page 12 of 13 NEPN/NSBA Code: ACAB-R J. Records Records in connection with sexual harassment reports and the complaint process shall be maintained for a minimum of seven years. Legal Reference: 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 References: AC – Nondiscrimination/Equal Opportunity and Affirmative Action ACAB – Unlawful Harassment and Sexual Harassment of School Employees Adopted: October 19, 2000 Revised: December 4, 2014 March 18, 2021 January 22, 2026 Page 13 of 13

  • ACAA-R

    NEPN/NSBA CODE: ACAA-R STUDENT DISCRIMINATION/HARASSMENT AND TITLE IX SEXUAL HARASSMENT COMPLAINT PROCEDURES The 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 or which complaint procedure applies is encouraged to contact the Affirmative Action Officer/Title IX Coordinator. Susan Austin, Assistant Superintendent MSAD #60 46 Cranberry Meadow Rd. Berwick, ME 03901 (207)676-2234 ext 1 affirmative.action@msad60.org MSAD #60 District Wide School Counselors and Social Workers Sweetser & Spurwink Counselors and Social Workers Contracted to Work in MSAD #60 46 Cranberry Meadow Rd. ME 03901 (207)676-2234 ext 1 Page 1 of 14 Page 13 of 13 Section 1. Definitions For purposes of these complaint procedures, the following definitions will be used. The Affirmative Action Officer/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 race (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists, and locs); color; sex; sexual orientation; gender identity; pregnancy or related conditions; parental, family or marital status; religion; ancestry or national origin; age; or disability. 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 (including traits associated with race involving hair texture, Afro hairstyles and protective hairstyles such as braids, twists, and locs); color; sex; sexual orientation; gender identity; pregnancy or related conditions; parental, family or marital status; religion; ancestry or national origin; age; or disability (and not otherwise addressed in the Title IX regulations and Section 3 of ACAA-R). Page 2 of 14 NEPN/NSBA CODE: ACAA-R 8. “Retaliation:” “Retaliation” means intimidation, threats, coercion, or discrimination for the purpose of interfering with any right or privilege secured by nondiscrimination laws. 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 Affirmative Action Officer/Title IX Coordinator. A report triggers certain actions by the AAO/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 AAO/Title IX Coordinator) may file a formal complaint. 4. “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. 5. “Retaliation:” Under the Title IX regulations, “retaliation” means intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or the Title IX regulations. Page 3 of 14 NEPN/NSBA CODE: ACAA-R Section 2. 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/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 the victim of discrimination, harassment, or retaliation should report their concern promptly to the AAO/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/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/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 who believe they have been the victim of discrimination, harassment, or retaliation 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, 8th Floor, Boston, MA 02109-3921 (telephone: 617-289-0111). B. Complaint Handling and Investigation 1. The AAO/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/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. Page 4 of 14 NEPN/NSBA CODE: ACAA-R 3. The AAO/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/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/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 20 business 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/Title IX Coordinator. C. Findings and Subsequent Actions 1. The AAO/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/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. Page 5 of 14 NEPN/NSBA CODE: ACAA-R 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 business days after receiving notice of the resolution. 3. The Superintendent shall review the available documentation and may conduct further investigation if deemed appropriate. 4. The Superintendent’s decision on the appeal shall be provided to the parties within 10 business days, if practicable. The Superintendent’s decision shall be final.* *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, 8th Floor, Boston, MA 02109-3921. E. Records The AAO/Title IX Coordinator shall keep a written record of the complaint process. Section 3. 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 AAO/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 AAO/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 AAO/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. Page 6 of 14 NEPN/NSBA CODE: ACAA-R 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 or retaliation 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, 8th 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 AAO/Title IX Coordinator. 2. In certain circumstances, the AAO/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 AAO/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. Page 7 of 14 NEPN/NSBA CODE: ACAA-R 4. In accordance with the Title IX regulations, the AAO/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 AAO/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; Page 8 of 14 NEPN/NSBA CODE: ACAA-R • 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 business days); • 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 procedure); • 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 business 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 AAO/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 AAO/Title IX Coordinator believes the circumstances are appropriate, the AAO/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 AAO/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. Page 9 of 14 NEPN/NSBA CODE: ACAA-R 2. The investigator shall consult with the AAO/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 business 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 10 business 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. Page 10 of 14 NEPN/NSBA CODE: ACAA-R 6. The investigation shall be concluded within 20 business 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 business 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 business 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. Page 11 of 14 NEPN/NSBA CODE: ACAA-R 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. Page 12 of 14 NEPN/NSBA CODE: ACAA-R 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 business 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. 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 business days. 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. Cross References: ACAA – Unlawful Harassment and Sexual Harassment of Students 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 Page 13 of 14 NEPN/NSBA CODE: ACAA-R Adopted: October 19, 2000 Revised: December 4, 2014 March 18, 2021 February 12, 2026 Page 14 of 14

  • MINUTES OF JULY 18, 2019

    MINUTES OF THE BOARD OF DIRECTORS’ MEETING July 18, 2019 A meeting of the Board of Directors was held at Noble High School in North Berwick, Maine on July 18, 2019 at 6:00 pm, with all members present. There were 4 in the audience. Ms. Mallett made the motion and it was seconded by Mr. Doiron to go into executive session for the readmission of a student. All members voted in favor and the motion passed. In at 6:00 pm.  Out at 6:29 pm. Ms. Mallett made the motion and it was seconded by Ms. Beal to readmit the student under consideration.  All members voted in favor and the motion passed. Ms. Mallett made the motion and it was seconded by Ms. Neubert to go into executive session for the readmission of a student. All members voted in favor and the motion passed. In at 6:35 pm.  Out at 7:06 pm. Ms. Mallett made the motion and it was seconded by Mr. Doiron to readmit the student under consideration.  All members voted in favor and the motion passed. Ms. Mallett, vice chair,  addressed the audience regarding the norms of Public Input. Public Input:  None at this time Ms. Neubert made the motion and it was seconded by Ms. Manley to accept the minutes of June 6th as presented. All members voted in favor except Ms. Hopper and Mr. Doiron who abstained and the motion passed. The Superintendent updated the board on changes that are being required for the nutrition program. One area is Breakfast after the Bell where breakfast will be offered after the bell rings. Another change is that students who previously received reduced meal cost will now receive free lunch in Maine. Fresh fruit is also going to be provided for all the schools in the near future. The Superintendent then shared with the board new staff hire specifically Brooke Dunphey, as a school psychological service provider.  He also shared the resignation of Mr. Jason Richard, a fifth grade teacher. Mr. Dioron made the motion to accept the resignation and was seconded by Ms. Mallett and the motion passed unanimously. The Assistant Superintendent shared with the board the ESEA 19/20 application for their approval.  She gave an overview of the funds and answered questions. The Assistant Superintendent updated the board on the Elementary and Secondary Education Act Application and shared the information regarding the use of funding for the upcoming 19/20 school year. ESEA overview for 2019/2020 Title IA: total funds: ($546,917.00) plus Title IV funds ($52,641.72) total: $599,558.72 (Lebanon) $296,044.86 ( Berwick) $296,044.86 $2,000 homeless $5,469 Parental Involvement (1% of initial award) Title IA Funding:  Lebanon and Berwick, $592,089.72 At risk students will be identified in grades K-5. Support will be provided to those students that have been identified through a series of assessments to help them attain adequate progress in classroom assessments and on screening assessments (DIBELS, Early Numeracy, STAR). Title 1A money will be used to pay salary and benefits of Title 1A teachers and educational technicians. Educational technicians and/or teachers will work with students individually or in small groups, doing skill activities to review the skills in need of more instruction as determined through district and classroom assessments. Staff will sometimes reteach skills that are not secure or do activities that focus on skills that are determined to be weak Other Title 1 students will be placed in groups that will use a particular program such as: Targeted Reading or Math, Great Leaps Reading or Math, Compass Learning, Leveled Literacy Intervention, Fundations, FAME, LiPS, Keymath. Individual skills will be assessed to determine whether or not adequate progress has been made. Student success will be measured with regular classroom assessments: Eureka Math unit assessments, running records, informal assessments and DIBELS, Early Numeracy, and STAR. 40% of all identified students will successfully meet this standard. A whole school approach will be taken in Lebanon and a targeted needs approach will continue in Berwick. Parental Involvement Activities:  $5469.00 Activities to encourage parental support, understanding and participation with the school and with the students identified as requiring services in both Lebanon and Berwick. Mandated Homeless Set aside:  $2000.00 This funding covers the coordination of our homeless students, securing transportation, providing books and materials and support supplies as necessary.   We provide supplies and materials to students and families as needed. We coordinate all transportation with the appropriate school districts and track and maintain homeless data for the district and state. Title IIA… Professional Development for Staff and Administration: $93,351.00 STAR $7200 Ongoing professional development will be provided by a trained staff member in MSAD 60 who will have access to all STAR information, will set up individual and group trainings and provide support in utilization of the STAR testing scores for classroom teachers.  All teachers who participate in the individual and group training will increase their understanding and use of the STAR testing scores. Literacy Coach and mentoring program NMS-  $79,500 and mentor $2300… $81,800 Literacy coach will maintain records to identify staff who have had direct instruction in the areas of literacy strategies and she will maintain notes on follow up classroom visits. In 80% of the cases, the literacy coach will be able to observe strategies that were taught and see them being incorporated in the classroom settings. Mentor teacher K-5,  2 days per week $4351 We have a mentor teacher who works with first and second year staff grades K-5.  This funding will cover approximately 1/5 of her time. She will work with all new staff in each of the elementary schools and provide consistent information, support and ongoing professional development and advice. This is not a position that includes evaluation, it is purely a mentor role. Title IVA  Student Supports & Academic Enrichment $4,000 Title IVA funds will be utilized to purchase a contract with Panorama Education which provides school climate surveys at various levels that we will be able to utilize for focusing on school climate improvement in each of the schools. Title V (Formerly Title VI), Rural Funds $22,698.83 Title V funds will be used to partially pay for Erin Dickson as the part time Health Coordinator for our district. Our district health coordinator focuses on curriculum in the area of health and wellness for both students and staff. This person is responsible for the oversight of the health curriculum in the district, the implementation of staff wellness programming as well as increasing student awareness and education in the specific area of substance use and abuse (tobacco, alcohol, and drugs). The coordinator makes connections with outside agencies to provide appropriate staff development and also programming for students. She is also taking a very active role in our implementation of the Building Assets and Reducing Risks (BARR) program at the middle and high school. The increased support provides opportunities for at risk students to improve their academic performance and meet curriculum standards as barriers to learning are reduced. Total Funds to be expended:  719,608.55 Ms. Beal made the motion and it was seconded by Ms. Neubert to approve the ESEA application as presented by the Assistant Superintendent.  All members voted in favor and the motion passed. The Superintendent shared with the board an update from The Adult Education realm: I am very pleased to share the news below.  Congratulations Maine Adult Education! Your hard work and dedication are going to be showcased statewide! Brenda Gagne will be the representative to accept the award on behalf of the regional HUB. Here is the award notification: Dear Adult Education Champions: Your tireless work on behalf of the people of Maine does not go unnoticed.  The Maine Adult Education System has been selected as MDF’s 2019 Champion of Education and Workforce Development!  Congratulations! We would like to highlight the variety of work you do throughout Maine to support education and workforce training in all of its various iterations from North to South and East to West.  Your versatility, community engagement, responsiveness, and collaborative nature truly put you at the nexus of education and employment. To that end, we’d like to honor the whole system, and you as its representatives, on Friday, September 27th, 2019.  We hope you are available to be with us in Bangor from 11 am – 2pm for the award ceremony.   (One representative from each region.) I’m so pleased to be able to give you this news – for all my friends and colleagues in Adult Education. Congratulations, again; Lisa Lisa MacDonald Cooper | Project Manager, Maine Adult Promise | Program Director, Education & Workforce Development Maine Development Foundation | 2 Beech St., Ste. 203 Hallowell | ME 04347 O: 207-626-3117 | M: 207-406-0048 | www.mdf.org The Superintendent then shared with board an update on the construction committee. Ms. Neubert made the motion and it was seconded by Ms. Potter to adjourn. All members voted in favor and the motion passed. Adjourned at  7:56 pm. Respectfully Submitted, Steve Connolly Secretary of the Board

  • MINUTES OF JUNE 12, 2019

    MINUTES OF THE BOARD OF DIRECTORS’ MEETING June 12, 2019 A meeting of the Board of Directors was held at Noble High School in North Berwick, Maine on June 12, 2019 at 6:00 pm, with all members present except Mr. Doiron and Ms. Hopper. There were 4 in the audience. Mr. Price  addressed the audience regarding the norms of Public Input. Public Input:  None at this time Ms. Potter made the motion and it was seconded by Ms. Manly to accept the minutes of June 6th as presented. All members voted in favor except Mr. Price who abstained and the motion passed. The Superintendent then shared the ratification of the vote for the referendum.  Ms. Potter made the motion and it was seconded by Ms. Manley to submit the Computation and Declaration of Votes. Ms. Manley made the motion  and it was seconded by Mr. Price to nominate Ms. Schaeffer as board chair for the 2019/2020 school year.  All members voted in favor and the motion passed. The Superintendent shared with the new board chair the oath of office as a formality.  Ms. Schaeffer reiterated the oath and will officially sign the form at the central office this coming week. Mr. Price made the motion and it was seconded by Ms. Potter to nominate Ms. Mallett as vice board chair for the 2019/2020 school.  All members voted in favor and the motion passed. The Superintendent then asked Mr Price up to receive a plaque in appreciation of his service to the school board for the past 5 years.  And a certificate for “Ms. Travis Price”! The Superintendent then updated the board on policy reviews.  He went through the following policies: JJAB- Limited Open/ Closed Forum, KBF- Title One Parent Involvement, KHB- Advertising in the Schools, KI- Visitors to the Schools, KLG- Relations with Law Enforcement Authorities, KLGA- Relations with School Resource Officers and Law Enforcement Authorities KLG-R Resource Officer/ Law Enforcement Administrative Procedure, IMG (nr)-Animals In Schools, IMGA (nr)-Service Animals In Schools. Ms. Mallett made the motion and it was seconded by Ms. Beal to accept the policies as presented by the policy subcommittee.  All members voted in favor and the motion passed. The Superintendent then shared with the board nominations for teaching positions, specifically Mr. Morgan Lynch for Spanish and Russian at Noble High School, Ms. Samantha Hayes for 8th grade Science at Noble High, Ms Michelle Gaulin for 5th grade at the Knowlton School, Ms. Jordan Larabee as a special education teacher at the elementary schools, Ms. Emma Eliason for a one year position as a kindergarten teacher at the Husey School. Ms.Beal  made the motion and it was seconded by Ms. Mallett to accept the nominations as presented. All members voted in favor and the motion passed. Ms. Mallett spoke to and thanked Dustin Price for being a great representative for the Town of Berwick. Other members spoke up as well as the Superintendent. Thank you for your service Mr. Price. He shared that he will be continuing to volunteer in the schools. Ms. Price made the motion and it was seconded by Ms. Beal to adjourn. Adjourned at  6:47 pm. Respectfully Submitted, Steve Connolly Secretary of the Board

Audra_edited.jpg

Superintendent
Audra Beauvais

Noble Shield

Assistant
Superintendent

Susan S. Austin

Susan Austin

Phone: 207-676-2234

100 Noble Way, North Berwick, ME 03906

Fax: 207-676-3229

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