Statement of Non-Discrimination

Introductory Letter from Superintendent Maria Geryk

On behalf of the Amherst, Pelham and Amherst-Pelham Regional School Committees and the administrators, faculty and staff of the Amherst, Pelham and Amherst-Pelham Regional School Districts, I welcome you to a new school year. I am pleased to have the opportunity to work with your children and am confident they will have an exciting, challenging and rewarding educational experience in the coming months.

The “District Section” you are now about to read presents information regarding legally mandated regulations. To ensure safe and positive school learning environments, these guidelines, rules and regulations are established for all campus, bus and other settings where students are present. These are the expectations that are pertinent to everyday activities during a school year.

Some of the information in these district pages refers to situations that are rare in schools. Although we prefer to set expectations in a positive tone, more often than not, the information that follows is technical in nature and language. It is your right to be informed and our responsibility to make you aware of these policies and procedures. Please note that while some are more applicable to situations that might arise with older students, we feel obligated to inform all families of all children regardless of age. 

If you have any questions about this information or any questions that cannot be best answered at your child’s school, please call 362-1810 where your call can be directed to the person who can respond to your need. You can also find general information on this district website. 

Admission

All children of school age who reside in Amherst, Pelham or one of the regional towns on a full-time basis with a parent/legal guardian or an adult who has assumed legal responsibility for the student, will be entitled to attend the public schools in Amherst, in Pelham, or in the Regional District respectively. In addition, certain children who do not reside in a town within the school district, but who are admitted under School Committee policies relating to non-resident students or by specific action of the School Committee, may also attend the public schools.

In the Amherst and Pelham School Districts, advance registration for prospective kindergarten students will take place each spring. All children who reach the age of five years on or before September 1st of the current school year are eligible for kindergarten in September. Every student seeking admission to school for the first time must present a birth certificate or equivalent proof of age acceptable to the principal and proof of immunizations as required by the state and the School Committee. Proof of residency and legal guardianship are required for enrollment. Additionally, proof may be requested by the district at any time questions arise regarding the residency or guardianship of an enrolled student.

Children transferring into the school District from other school systems will be referred for grade placement to the school principal. If the grade level classification of the child is doubtful, the principal shall confer with the Superintendent or designee before making permanent assignment. Except in extraordinary circumstances, students will not be assigned to a higher grade until they have spent a full year in their present grade in this school District or other school systems.

Residency for School Attendance in Amherst, Pelham, and Amherst Regional Public Schools

Under Massachusetts Law a child may attend the schools of the town in which s/he resides. To attend public school in Amherst, in Pelham, or in the Regional District, a student must reside permanently in Amherst, in Pelham, or in one of the Regional towns respectively and must reside with at least one parent or legal guardian who has physical custody. Typically, the residence of a child under 18 is the residence of the parent(s)/legal guardian(s) who has/have physical custody of the child. “Residence” is the place where a person dwells currently, with an intention to remain, and is in the town that is the core of his/her domestic, social, and civil life.

The School District may require a variety of documentation to establish proof of residency and custody. Investigations may be made by school officials to assure that a student maintains a bona fide permanent residence in the town. Parents/guardians are under a continuing obligation to inform the School District of any and all changes to a student’s residential status.

Students over 18 and living apart from parents/guardians in one of the Region’s towns are entitled to attend school as residents.   Children who are illegal immigrants and residing full-time in the school District are entitled to attend school as residents.   Students who are placed in a residence in town by a public agency are entitled to attend school as residents. This residency policy does not apply to homeless students. 

Any student who is determined to be a non-resident while enrolled in a school in any of the districts will be dismissed for non-residency. The dismissal may be appealed to the Superintendent, and the student may be allowed to remain in school pending the outcome of the appeal.

Kindergarten Screening

Each child who enters kindergarten will be given a "screening" in fulfillment of the requirements of the 603 CMR 28.03(1)(d), that governs special education and related services in public schools, and public or private day and residential schools. In addition, this screening will assist in assessing the child and plan appropriately for his or her needs. The screening provides us information about a child's strengths and needs. The results of this screening and other observations will be shared with parents/guardians during the Fall Parent/Guardian Conferences.

Attendance Expectations

Regular and punctual school attendance is essential for academic success in school. When a student is absent from class or school, the continuity of the instructional process is disrupted, and the benefits of classroom instruction are lost. Following is a list of important information for students and parents/guardians:

• All students will attend school everyday, on time.

• Parents/guardians are responsible for their child’s daily and timely attendance.

• Parents/guardians will not keep students from school while it is in session.

• Parents/guardians are responsible for reporting their child’s absence on the same day, before the official opening of school. In case of an emergency that prevents this from happening, parents/guardians must send a note explaining the absence with the student when s/he returns to school.

• Reporting an absence is not the same as excusing it. The Superintendent or his/her designee (usually the building principal) is the only person that can legally excuse an absence.

• The only “excusable” reasons to keep a child/youth from attending school are: students’ illness, religious observance, court obligation and/or a major family emergency (accident, serious illness/quarantine, death). Please check in with your school if you have any questions. HS students are allowed to have three college visits. Please check with the guidance office for details.

• Students must present a note upon their return to school after three consecutive days.

• Tardiness will not be excused. Three tardies will equal an unexcused absence.

• After fourteen (14) cumulative or consecutive days of being out sick, students may be eligible for home or hospital tutoring.

• There are several weeks in the school calendar designated for vacation/holiday time out of school. Families are advised to plan all trips and visits during these weeks.

• Parents/guardians will be held responsible for failure to send their children to school and/or not bringing them to school on time.

• The schools have partnered with the Northwest District Attorney’s Office to implement the School is Where It’s At (SIWIA) program to provide a continuum of services and support to families, children and schools when issues of attendance arise.

Breakfast and Lunch Program

Both breakfast and lunch are served every school day. The school serves a hot lunch every day. There is usually a soup and sandwich option. Children may bring a lunch from home and buy milk at school.

Many families may be eligible for free or reduced price meals. Information and applications are sent home at the beginning of the school year, and the application is available on the district website at www.arps.org/food-services. Please fill out the application completely and accurately.

Children who received free or reduced price meals last year will continue to receive them through September of the next school year, but new applications must be filed by the end of that month. New applicants must pay full price until their applications are approved, usually within one or two days.

Payment for meals is on a daily basis. If your child should forget his/her lunch money or lose it, he/she will be allowed to charge lunch on an occasional basis. We ask that such debts be repaid the next day. Prepayment for lunches/breakfast is also an option, either by sending money in to the school or with your child, or making use of our on-line option known as MyKids.com. Please contact your school Cafeteria Manager for more information. 

Meal Prices for 2011/2012 School Year

Bus Service/ Transportation to School

Bus service is provided to children who live further than 1.5 miles from their school. Safety concerns for students who live closer than 1.5 miles will be assessed on an individual basis to determine if bus service is necessary. Bus stops and schedules are published in the local newspapers just before school opens. 

Loss of Riding Privileges

Respectful and safe behavior, both at the bus stops and on the bus, is essential. Any problems will be brought to the attention of parents/guardians, and students engaging in inappropriate and/or unsafe behaviors may be suspended from riding the school bus for a specific period of time. Any such suspensions will be initiated by school principals or assistant principals. Suspension of riding privileges for a specific period of time is automatic with a third bus misconduct notice, but suspension for serious infractions may occur after any single infraction. Parents/Guardians are asked to review the district bus rules with their children.

Kindergarten Student Transportation

Crossing Guards

A crossing guard is on duty before and after school to help students across designated streets. If a crossing guard is not on duty or at a cross walk, the student should use standard crossing protocol.

PVTA Buses

The Districts strongly recommend against children riding the PVTA buses to and from school. PVTA buses are not required to stop traffic when discharging children. 

Bicycle Safety Rules

1. Always wear a properly fitted bicycle helmet to protect your head—every time you ride.

2. Use a bicycle that is the appropriate size for you, not one that is too big.

3. Before you ride, make sure you don’t have any loose clothing, drawstrings, or shoelaces; they can get caught in your chain and make you fall.

4. Have an adult check the air in your tires and that your brakes are working before you ride.

5. Wear bright clothes so others can see you at all times of the day.

6. Stay alert at all times; never listen to music when riding. Pay attention and watch for cars, people, and other bicyclists around you.

7. Don’t bicycle at night. If you must ride, make sure your bike has reflectors and lights and wear retro-reflective materials on your ankles, wrists, back and helmet.

8. Before you enter any street or intersection, check for traffic by looking left-right-left to make sure no cars or trucks are there.

9. Learn and follow the rules of the road, listed below. 

Rules of the Road

1. When riding in the road, always ride on the right hand side (same direction as traffic).
2. Obey traffic laws, including all the traffic signs and signals.
3. Ride predictably—ride in a straight line, don’t weave in and out of traffic.
4. When riding on a sidewalk show respect for the people walking on the sidewalk. Let them know you are coming and always pass them on the left.
5. Look for debris on your route like trash, stones, or toys that could cause you to fall off your bicycle.

Walking & Crossing Streets Safely

1. If a ball or toy goes into the street, ask a grownup to get it for you.

2. ALWAYS stop at the curb. Do not run into the street.

3. If there is a crosswalk, you should always use it and always cross streets only at the corners.

4. Look all ways (left, right, and left again) before you enter or cross a path, sidewalk, street or driveway. Keep looking as you cross.

5. Make eye contact with each driver before you pass in front of him or her.

6. Never cross a street from between parked cars.

7. Always use the sidewalk when walking to school. If there is no sidewalk, walk on the side of the road against traffic.

Communication

In late September or early October there will be evening Open Houses in each of the schools to share information about the general nature of your child's classroom program and to answer questions you may have about the school.

At the elementary schools, two (2) early release days will be scheduled annually during the months of October/November, in order to facilitate the scheduling of parent teacher conferences. Additional conferences may be scheduled at the discretion of the parent and the teacher. In addition, report cards are sent home in January and June.

Middle School and High School students receive progress reports at the middle of each trimester and report cards at the end of each trimester.

Newsletters containing lists of important dates, and other news and information about the school are sent out regularly. Materials are generally sent home on Fridays. Materials about activities which are not school sponsored must have prior approval from the Superintendent's Office. School related information requires approval by the Principal.

Computer Use Guidelines/Acceptable Network Use Policy

This document is a joint effort of the Franklin and Hampshire County public schools, adoptedby the school Superintendents and technology coordinators/administrators for the purpose of guiding appropriate use of technology in education. The electronic resources at the public schools in Franklin and Hampshire County are provided by and in consonance with their mission to:

• Improve education for all students through access to unique resources and partnerships;
• Improve learning and teaching through research, teacher training, collaboration and distribution of successful education practices, methods and materials.

In addition, we seek to ensure a healthy and appropriate use of technology resources by making provisions for: 

• Prevention of access by users to inappropriate matter on the Internet;
• The safety and security of users when using electronic mail, chat rooms, and other forms of direct electronic communications;
• Prevention of unauthorized access, including “hacking” and other unlawful activities;
• Prevention of unauthorized disclosure, use and dissemination of personal information regarding minors; and
• The design of measures to restrict minors’ access to harmful materials; and
• Prevention of any and all inappropriate or illegal use.

Our electronic resources—including, but not limited to, computers and Internet access—allow users access to local, national, and international sources of information and collaboration vital to intellectual inquiry and democracy, and are intended solely for educational purposes. Every user has the responsibility to respect the rights of every other user in our school communities and on the Internet. Users are required to conduct themselves in a responsible, ethical, and legal manner, in accordance with both school and district policies, rules, regulations and guidelines and the laws of the Commonwealth of Massachusetts and the United States.

The potential exists, outside the school/district network, for users to access inappropriate material. A user may intentionally or innocently access material inconsistent with our educational purpose and policies. While violations of school/district policy are cause for concern, we maintain the educational advantages of using the technology outweigh the disadvantages. It is the burden of parents and guardians to establish standards of use of electronic media consistent with school/district policy and to ensure that users comply with established policy. We respect each family's decision whether their child should or should not have access to the Internet. Parents should notify the school in writing if they do not want the student to use the Internet. The use of electronic resources is at the discretion of the schools/districts according to their individual electronic policy.

The following explains our common policies for acceptable use of the schools’ and districts’ technology. Policies specific to individual schools and districts are at the end of this document. Use of computer networks and the Internet are revocable privileges dependent upon compliance with school/district policy and these procedures. A user’s failure to comply with policy shall result in limited network/Internet access, suspension of access, and/or other disciplinary actionup to and including termination or expulsion.

II. General Provisions

The Greater Hampshire and Franklin County schools have established certain protocols to ensure the safety of our school communities, the security of computer networks, and compliance with applicable law. All users should be aware of the following provisions:

1. Network and Internet monitoring

Most schools and/or their vendors have software and systems in place that monitor and record all Internet usage. Most security systems are capable of recording each web site visit, chat, newsgroup, e-mail message, and file transfer into and out of our internal networks for each user. We reserve the right to intermittently monitor Internet traffic and other usage of electronic resources, for instance, by tracking destination URLs of individual users. Users should have no expectation of privacy when browsing the web, sending or receiving e-mail, or using other electronic resources.

2. Filtering

In accordance with the Children’s Internet Protection Act (CIPA), passed by the U.S. Legislature in January 2001 (Public Law 106-554), our schools shall employ filtering software to block access to inappropriate content on all computers with Internet access. Our schools and districts certify that a policy of Internet safety and technology protection measures shall be enforced. Users are restricted from accessing visual depictions of subject matter that are obscene, pornographic, child pornographic or harmful to minors. In compliance with CIPA, our schools and districts shall, in furtherance of this set of Acceptable Use Procedures regarding Internet safety, monitor the online activities of users.

Users should be aware that filtering software will not block ALL inappropriate web sites. Users shall report all inappropriate sites not blocked by filters to a technology administrator for appropriate action. Filtering software may be temporarily disabled for users 18 and over by a technology administrator for educational research purposes.

Our schools and districts cannot be held responsible for misuse of material downloaded from any online service, or for inappropriate or sexually explicit material being obtained through the network.

III. User-specific Provisions

1. All users

Students, administrators, staff and faculty shall not:

1. Use the network to access and/or transmit material in violation of any U.S. or Commonwealth law, including copyrighted material.

2. Access, download, display, transmit, produce, generate, copy or propagate any material that is obscene or pornographic; advocates illegal acts; contains ethnic slurs or racial epithets; or discriminates on the basis of gender, national origin, sexual orientation, race, color, ancestry, religion, handicap or age.

3. Degrade, damage or disrupt equipment or system / network performance (for example excessive bandwidth use that disrupts the network for other users).

4. Gain unauthorized access to network resources.

5. Permit or authorize any other person to use their name or login password.

6. Use an account of any other person or vandalize another user’s data.

7. Waste electronic storage space by saving unnecessary files or programs.

8. Download, install, load or use programs without written permission of the technology coordinator/administrator.

9. Use school resources for personal commercial purposes or for political lobbying.

10. Use inappropriate, offensive, foul or abusive language.

11. Harass or annoy any other party with obscene, libelous, threatening or anonymous messages, objectionable information, images or language.

12. Forward chain letters.

13. Forward e-mail messages of broad interest—including virus alerts and jokes—to the entire school community (see number 5 below in the section "Students, staff and faculty must").

14. Knowingly make use of pirated software or violate software licensing agreements.

15. Engage in the practice of “hacking” or knowingly engage in any other illegal activity using the network.

16. Engage in any conduct which constitutes cyber-bullying as defined by the Districts’ Anti-Bullying Policy.

17. Engage in any other inappropriate use of the system.

Students, staff and faculty must:

1. Use the Internet and other electronic resources only for legitimate educational purposes.

2. Respect commonly accepted practices of Internet etiquette including, but not limited to, use of appropriate language.

3. Be aware of potential security risks at all times and take all reasonable steps to minimize risks by, at minimum, logging off the network when a computer is unattended and reporting all unauthorized use of one’s account to a technology administrator.

4. Avoid bulk e-mailing.

5. Forward all e-mails of broad interest, such as virus alerts, to a technology administrator for appropriate distribution to the entire school community.

6. Treat all computer areas and equipment with the utmost care and respect.

7. Abide by this procedure and specific school policy.

2. Students

Students may access the Internet only with adult supervision, and must notify a teacher or technology instructor immediately if they come across inappropriate content. In addition, students may not use the Internet to give out personal information (such as a home address, telephone number, or picture) about themselves or other students. Student use of electronic resources is restricted to teacher-approved projects and research.

IV. Electronic Communication

School and District resources for electronic communication shall be used for educational purposes. Incidental and occasional personal use of electronic mail may occur when such use does not generate a direct cost for the District, but such messages will be treated no differently from other messages on the network. Prohibited electronic communications include, but are not limited to:

1. Use of electronic communications to send copies of documents in violation of copyright laws.

2. Use of electronic communication systems to send messages, access to which are restricted by laws and regulations.

3. Use of electronic communications to intimidate others or to interfere with the ability of others to conduct school/district business.

4. Constructing electronic communications to appear to be from someone else.

5. Obtaining access to the files or communications of others for the purpose of satisfying idle curiosity, with no substantial school/district business purpose.

6. Users will conform to the rules of e-mail archiving and document retention according to document retention policy under Massachusetts General Laws.

7. Any other communication in violation of this policy or the specific school policy.

V. Software

All technology purchases, software and hardware, must be approved by the Director of Information Systems. All software purchases must be made according to the procedures outlined in the document, Instructional Software Purchase Procedures, available from the Information Systems Department.

A. Supported software

Software which the District has standardized will be given priority in terms of installation, troubleshooting and training. A list of standardized and supported software, and other software owned by the District, will be updated from time to time and made available for viewing at a location designated by the Superintendent, principal, or technology administrator or his/her designated agent.

B. Other software

Installation, troubleshooting and training for all other software used by faculty, staff and students will be supported as time permits. Software to be used in the curriculum or in a lab environment must be purchased in “lab packs” of sufficient quantities to account for the greatest number of simultaneous users or as site licenses, and must be owned by the school/District. Single copies of software are considered evaluation copies and will not be supported, installed on multiple computers, or made available from the network to multiple computers.

C. Unsupported data, media and software

Software which makes the computers and network harder to maintain and support and which offers little or no benefit over comparable software will not be supported. Do not install software, including downloaded freeware or shareware, on any computer. The technology coordinator/administrator reserves the right to uninstall unsupported media or reimage any computer as necessary. No personal data or files are to be stored on the local hard drive of any computer. Please store data and files in your home directory.

VI. Data Storage and Backup:

The technology coordinator/administrator has the right to reimage any computer as necessary. No personal data or files should be stored on the local machine. The school/District makes every effort to run regular backups on data and e-mail hosted on its systems and networks; however, it cannot guarantee that in the event of data loss or catastrophic failure all information will be recovered.

VII. Hardware:

A. Use of equipment other than that owned by the school/district:

1. The school/District does not support equipment brought in from the outside by any user.

2. The technology coordinator/administrator has the right to confiscate any outside equipment that interferes with operation of the system/network.

3. The school/District is not responsible for damage to or loss of equipment brought in from the outside.

4. Permission to set up any outside equipment on school premises must be given in advance by the technology coordinator/administrator or his/her designated agent.

5. Permission must be granted for use of electronic devices not owned or provided by the school/district.

B.Wiring of network devices:

Any wiring of computers and peripherals must be done in accordance with local and state building codes. The connectivity requests should be made through the IT department. The IT department is solely responsible for this process.

VIII. Web Pages:

A. General guidelines for student, teacher & classroom sites

1. Posting - All web pages produced by faculty or staff that reference or depict the school/District are assumed to be school- or district-owned educational resources, created for the sole purpose of education, and shall be posted on a school-maintained web site, with the exception of school-authorized sites whose purpose is to simplify the process by which a page/site is posted. All student web sites/pages must be approved by authorized school personnel for posting prior to being posted.

2. Disclaimers - If a user’s home page is housed on a school/district server, but has links to sites/pages which are not housed on a school/district server, the user must include the following disclaimer: "The Amherst, Pelham and Amherst-Pelham Regional School Districts are not responsible for any content which is not hosted on our servers" Any school-related web page produced by staff but not housed on the school web site must be posted to an authorized site and must include the following disclaimer: "The contents of this site/page express the views of the author(s) only and do not necessarily express the views of Amherst, Pelham and Amherst-Pelham Regional School Districts.” The school/District is not responsible for content on school-related web sites not housed on our s ss site or on another authorized site.

3. Student pictures and work - A student photo will be posted only when there is no signed parent form on file documenting that the posting is prohibited.

4. Content - Do not advertise, endorse or link to any product or organization whose primary function is not to disseminate educational content (e.g., commercial enterprises or political groups). Certain fundraising information and links may be allowed, such as “shopforschool.com” or “marketday.com” and certain exceptions may be made for commercial entities who have significantly contributed to the school community (e.g., Verizon or Microsoft). These company links are allowed at the discretion of appropriate school administrators; please see school- and District-specific provisions at the end of this document for more information.

In all cases, exceptions may be made when links to commercial or political groups are provided for legitimate educational purposes—for instance, links to the sites of political parties for civics courses, or links to commercial entities for media literacy courses.

Proofread your content and use a spell checker before posting. As an educational institution with a potentially broad audience, it is incumbent upon us to have grammatically correct content. Viewers often have high expectations and we must maintain a high level of accountability to our community.

5. Copyright issues - Make certain that copyrighted material conforms to the “fair use” test (http://www.benedict.com/basic/fairuse/fairtest.htm) and that all copyrighted material on your site is appropriately credited.

Controversial Issues in School

Controversial issues are topics that may be publicly sensitive and about which there are varied levels of opposing views, biases, emotions and/or conflict. American academic tradition stresses the free exchange of ideas as a basic element of curriculum development, instruction, and discussion. Studying controversial issues in school is important in preparing students to participate intelligently and responsibly in a democratic and pluralistic society.

An important goal of public education is to help students develop the capacity to participate respectfully, critically and positively in the discussion and analysis of controversial issues. Studying controversial issues provides opportunities to develop a student’s ability to think clearly and critically, to reason logically, to differentiate between opinion and intelligent analysis, and to respectfully examine different points of view with an open mind. All staff and students have a right to express their opinions and a right to a respectful hearing. While teachers and other staff may have personal views on controversial issues, they do not have a right to use the school setting as a forum to promote their personal views. Educators need to be constantly mindful that their views may influence students and that they have an obligation to model objectivity and to encourage their students to think for themselves.

The approach to writing about controversial issues and to discussion of controversial issues in the classroom will be objective and scholarly and will be done in a spirit of critical inquiry rather than advocacy. Teachers will ensure that reasoned arguments on an issue are presented in classroom discussions. Teachers will strive to balance major views and to assure that as many sides of the issues as possible are presented in a fair and impartial manner, with no position presented as the only one acceptable. Political issues will be presented in a non-partisan manner. Controversial issues that arise incidentally during instruction should be used by the teacher to promote critical inquiry and to teach thinking skills. In all instances, teachers will encourage students to develop an ability to meet issues without prejudice and to withhold judgments while facts are collected and evaluated.

Teachers must obtain permission from the principal to invite visitors for classroom and/or school-wide presentations. Whenever outside persons are invited to speak on controversial issues, care will be taken to assure that a reasonable range of opinions on the issue are presented in an equitable manner and that they are consistent with the academic standards of the school. Teachers will offer students and parents who might be offended by a presentation because of their religious or personal beliefs the opportunity not to participate in a presentation. Student-initiated forums are subject to the same standards for approach to discussion, consistency with the academic standards of the school, and use of visitors for presentations.

Discipline, Conduct, and Suspension Policies

The Amherst, Amherst-Pelham, and the Pelham Public Schools have adopted a District philosophy statement that provides the foundation upon which individual schools have created their own codes of conduct.

If a student's disability interferes with his/her capacity to meet the regular disciplinary code, modifications to the disciplinary code will be stated in the student's IEP or 504 plan.

Conduct of Students:

Nothing in this policy shall be interpreted as preventing a teacher or other employee or agent of the school committees from using reasonable force as is necessary inthe following situations: to protect himself or herself from assault by a student, to protect other students and staff members from violent aggressive acts of students, or to prevent a student from harming himself or herself.

The Superintendent will issue regulations regarding staff training in the proper uses and limitations on the use of physical restraint.

Suspension Policy

Breaches of standards of behavior may result in suspension from school in accordance with applicable State and Federal laws/regulations and court decisions.  The principal of each school will implement specific procedures for imposing suspensions, conferring with parents, and readmitting and counseling suspended students.

A suspension may be imposed for behavior which includes, but is not limited to, when a student's behavior creates a threat to his/her own or other's safety such as fighting, committing an assault on another, stealing, vandalism, possession/sale/attempted sale of weapons, explosives or prohibited materials, possession/sale/attempted sale of alcohol, controlled substances or prescription medication prescribed for someone other than the student, making false alarms or bomb threats, lewd or threatening behavior or language.  In cases of repeated violations of other disciplinary rules, suspension may be imposed after other attempts have been made to resolve the problem.  Additionally, suspensions may also be imposed for the violation of rules set forth in student handbooks. 

In cases involving possession of weapons, possession of controlled substances or assault upon a staff member, a student may be subject to immediate expulsion. 

Prior to a suspension being imposed, the student facing a possible suspension will be provided due process which includes a notice and explanation of the suspension the right to representation, an opportunity to present facts and arguments to support his/her side of the story.  Whenever possible, parents or guardians will be notified by telephone prior to the suspension.  Suspended students will not be in school, on the school grounds, or at school-sponsored activities or athletic events unless expressly permitted by the principal.

Before the above steps to impose a suspension have been completed, the principal or his/her designee may remove the student from the school grounds with an immediate suspension if the continued presence of the student presents a danger to himself/herself or to other students or to staff, or disrupts the educational process.

The District also follows MGL Chapter 71, Section 37H and 37H 1/2 in appropriate cases. These sections are outlined below.

Chapter 71: Section 37H Policies relative to conduct of teachers or students; student handbooks

Section 37H. The Superintendent of every school district shall publish the District's policies pertaining to the conduct of teachers and students. Said policies shall prohibit the use of any tobacco products within the school buildings, the school facilities or on the school grounds or on school buses by any individual, including school person­nel. Copies of these policies shall be provided to any person upon request and without cost by the principal of every school within the District.

Each school district's policies pertaining to the conduct of students shall include the following: disciplinary proceed­ings, including procedures assuring due process; standards and procedures for suspension and expulsion of students; procedures pertaining to discipline of students with special needs; standards and procedures to assure school build­ing security and safety of students and school personnel; and the disciplinary measures to be taken in cases involv­ing the possession or use of illegal substances or weapons, the use of force, vandalism, or violation of other student's civil rights. Codes of discipline, as well as procedures used to develop such codes shall be filed with the department of education for informational purposes only.

In each school building containing the grades nine to twelve, inclusive, the principal, in consultation with the school council, shall prepare and distribute to each student a student handbook setting forth the rules pertain­ing to the conduct of students. The school council shall review the student handbook each spring to consider changes in disciplinary policy to take effect in September of the following school year, but may consider policy changes at any time. The annual review shall cover all areas of student conduct, including but not limited to those outlined in this section.

Notwithstanding any general or special law to the contrary, all student handbooks shall contain the following provisions:

(a) Any student who is found on school premises or at school-sponsored or school-related events, including athletic games, in possession of a dangerous weapon1, including, but not limited to, a gun or a knife; or a controlled substance as defined in chapter ninety-four C, including, but not limited to, marijuana, cocaine, and heroin, may be subject to expulsion from the school or school district by the principal.

(b) Any student who assaults a principal, assistant principal, teacher, paraprofessional, or other educational staff on school premises or at school-sponsored or school-related events, including athletic games, may be subject to expulsion from the school or school district by the principal.

(c) Any student who is charged with a violation of either paragraph (a) or (b) shall be notified in writing of an opportunity for a hearing; provided, however, that the student may have representation, along with the opportunity to present evidence and witnesses at said hearing before the principal. After said hearing, a principal may, in his discretion, decide to suspend rather than expel a student who has been determined by the principal to have violated either paragraph (a) or (b).

(d) Any student who has been expelled from a school district pursuant to these provisions shall have the right to appeal to the Superintendent. The expelled student shall have ten days from the date of the expulsion, in which to notify the Superintendent of his appeal. The student has the right to counsel at a hearing before the Superintendent. The subject matter of the appeal shall not be limited solely to a factual determi­nation of whether the student has violated any provisions of this section.

(e) When a student is expelled under the provisions of this section, no school or school district within the commonwealth shall be required to admit such student or to provide educational services to said student. If said student does apply for admission to another school or school district, the Superintendent of the school district to which the application is made may request and shall receive from the Superintendent of the school expelling said student a written statement of the reasons for said expulsion.

Chapter 71: Section 37H 1/2 Felony complaint or conviction of student; suspension; expulsion; right to appeal

Section 37H1/2. Notwithstanding the provisions of section eighty-four and sections sixteen and seventeen of chap­ter seventy-six:

(1) Upon the issuance of a criminal complaint charging a student with a felony or upon the issuance of a felony delinquency complaint against a student, the principal or headmaster of a school in which the student is enrolled may suspend such student for a period of time determined appropriate by said principal or headmaster if said principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and the reasons for such suspension prior to such suspension taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such suspension; provided, however, that such suspension shall remain in effect prior to any appeal hearing conducted by the Superintendent.

The student shall have the right to appeal the suspension to the Superintendent. The student shall notify the Superintendent in writing of his request for an appeal no later than five (5) calendar days following the effective date of the suspension.
The Superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar days of the student's request for an appeal. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The Superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recommending an alternate educational program for the student. The Superintendent shall render a decision on the appeal within five (5) calendar days of the hearing. Such decision shall be the final decision of the city, town or regional school district with regard to the suspension.

(2) Upon a student being convicted of a felony or upon an adjudication or admission in court of guilt with respect to such a felony or felony delinquency, the principal or headmaster of a school in which the student is enrolled may expel said student if such principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school. The student shall receive written notification of the charges and reasons for such expulsion prior to such expul­sion taking effect. The student shall also receive written notification of his right to appeal and the process for appealing such expulsion; provided, however, that the expulsion shall remain in effect prior to any appeal hearing conducted by the Superintendent.

The student shall have the right to appeal the expulsion to the Superintendent. The student shall notify the Superintendent, in writing, of his/her request for an appeal no later than five (5) calendar days following the effec­tive date of the expulsion. The Superintendent shall hold a hearing with the student and the student's parent or guardian within three calendar of the expulsion. At the hearing, the student shall have the right to present oral and written testimony on his behalf, and shall have the right to counsel. The Superintendent shall have the authority to overturn or alter the decision of the principal or headmaster, including recom­mending an alternate educational program for the student. The Superintendent shall render a decision of the city, town or regional school district with regard to the expulsion.

Upon expulsion of such student, no school or school district shall be required to provide educational services to such student.

Discipline Policy for Students with Disabilities as identified by a team under the IDEA/M.G.L. c. 71B or Section 504

Students identified as having special needs
1. All students are expected to meet the requirements for behavior as set forth in the handbook. 

    Chapter 71B of the Mass. General Laws requires that additional provisions be made for students who have been found by a TEAM to have special needs and whose individualized program is described in an Individualized Educational Plan (IEP). 

a.   Students with Special Needs may be suspended for up to ten (10) consecutive days, and may also be suspended in excess of ten (10) cumulative days, as fully
outlined under M.G.L.c. 71B, and the Individuals with Disabilities Education Act. Such suspensions may be carried out without any further or additional process. 
b.    Suspensions or exclusions in excess of ten (10) consecutive days or ten (10) cumulative days may also occur, provided that the conduct for which the student is being disciplined is not a manifestation of his/her disability, and the District provides educational services which will allow the student to access the general curriculum and to make progress toward his/her goals. 

2.   The IDEA and M.G.L. c. 71B allow school personnel to move a student with disabilities to an interim alternative educational setting (IAES) for up to 45 school days, if that student is in possession of a dangerous weapon at school or a school function or on school property, is in possession of or uses a controlled substance or sells or solicits the sale of a controlled substance while at school or a school function or on school property, or inflicts serious bodily injury on a person, including him/herself.  The appropriate interim alternative educational setting shall be determined by the IEP TEAM.

3.   The IDEA and M.G.L. c. 71B also allow school personnel the option of asking a hearing officer or a court to move children with disabilities to an interim alternative educational setting for up to 45 school days, if they are substantially likely to injure themselves or others in their current placement.

4.   When a special needs student is to be suspended for ten (10) or more consecutive days or more than ten (10) cumulative days in a school year, such that a substantial change in placement is occurring or will occur, the IEP TEAM will meet to conduct a manifestation determination. Relevant members of the TEAM meet for the manifestation determination, and they answer two questions, after reviewing relevant documents and the misconduct of the student:

1.  Is the misconduct the result of failure to implement the student’s IEP? And
2.  Is the misconduct caused by, or does it have a direct and substantial
     relationship to the student’s disability?

A summary of the manifestation determination review will be written and a copy provided to the Parent(s)/guardian(s) as soon as possible after the review, but no later than five (5) school days after the review. 

5.  If the TEAM finds that the misconduct was not a manifestation of the student’s disability, then the student may be disciplined according to the discipline policy in this handbook.

The student will receive educational services during this period of suspension or exclusion.  If the TEAM finds that the misconduct was a manifestation of the student’s disability, then the school may still be able to implement an IAES (see ## 2 and 3 above).  If the IAES is not possible, then the student will remain in his/her current placement, and the TEAM will arrange for a functional behavioral assessment (if one has not been conducted on the student) and the development or modification of a behavior intervention plan. 

6.   The principal (or designee) will notify the Special Education Office of the suspendible offenses of a special needs student and a record will be kept of such notices.

Students identified as having a disability and provided with a Section 504 plan

Students are expected to meet the expectations for behavior identified in this handbook.  A student on a Section 504 plan may be disciplined like any other non-disabled student.  However, if the student is going to be suspended for ten (10) or more consecutive days, expelled or suspended for more than fifteen (15) cumulative days (and there is a change in placement as a result), then a manifestation determination review shall be conducted.  The student’s 504 team shall convene, and answer two questions, after reviewing relevant documents and the misconduct of the student:

Is the misconduct the result of failure to implement the student’s 504 Plan?
Is the misconduct caused by, or does it have a direct and substantial relationship to the student’s disability?

A summary of the manifestation determination review will be written and a copy provided to the Parent(s)/guardian(s) as soon as possible after the review, but no later than five (5) school days after the review. 

Interrogations and Searches

School administrators have the responsibility for maintaining a safe school environment so that students and staff may focus on learning.  School administrators have the authority to conduct searches of students, student belongings, student lockers, and student automobiles, if parked on campus consistent with established law.  Searches will follow procedures and guidelines and will be in accordance with the parameters established by law.

Physical Restraint Policy

Maintaining a school environment that is conducive to student learning requires that the environment be orderly and safe. Physical restraint of a student may sometimes be necessary to protect the student or other individuals. Physical restraint is the use of bodily force to limit a student’s freedom of movement. Students in the District are protected by law from the unreasonable use of physical restraint. Physical restraint will be used with extreme caution and only in emergency situations, after other less intrusive alternatives have failed or been deemed inappropriate.

The two goals of the physical restraint policy are:

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

The School District’s emphasis is on prevention and de-escalation, which reduces the risk of injury to both students and program staff. The emphasis is always on the care, safety, and welfare of the students and the primary technique used is verbal de-escalation.
Physical restraint may only be used when non-physical interventions would not be effective, and the student’s behavior poses a threat of imminent, serious, physical harm to self and/or others.

The administrator in charge of Special Education or his/her designee will provide all staff with guidelines and procedural information regarding physical restraint. The only school personnel who should physically restrain students are those who have been trained through an approved Restraint Training Program. The only physical restraint techniques to be used are those taught by the approved Restraint Training Program.

Each building will provide its staff with a list of the school’s personnel who have been trained through the Restraint Training Program. Whenever possible, these trained staff members will be called upon to administer physical restraint in situations where a student’s behavior poses a threat of imminent, serious, physical harm to self and/or others.
However, nothing in 603 CMR 46.00 precludes any teacher or employee from using reasonable force to protect students, other persons, or themselves from assault or imminent, serious, physical harm. In addition, nothing in these regulations should interfere with or prohibit law enforcement, judicial authorities or mandated reporter responsibilities.

The District will adhere to all laws and state regulations governing physical restraint.

Search and Seizure

Lockers, lab tables, desks and other equipment and facilities provided for students’ use by the District are the property of the District and are subject to search at any time for any reason.  When appropriate, the police and the use of trained animals may be used to conduct such a search.

A student’s person, personal belongings and automobile/bicycle/other form of transportation is subject to search when a staff member has reasonable suspicion to believe that the student is in possession of anything which is a violation of the criminal law or of the disciplinary policies of the District, or the student is in possession of anything which is evidence of such criminal or disciplinary violation.

A search of a student’s person may include the use of a breathalyzer or a urinalysis drug screen when there is reasonable suspicion to believe that the student is under the influence of alcohol or a controlled substance.  The refusal of a student to participate in the breathalyzer test or urinalysis drug screen may lead to a disciplinary penalty equal to the offense of which the student is suspected.

Any item may be seized during the course of a search.

Interrogations by Police

The schools have legal custody of students during the school day and during hours of approved extracurricular activities.  It is the responsibility of the school administration to make an effort to protect each student's rights with respect to interrogations by law enforcement officials.  Therefore:

1.When law enforcement officials find it necessary to question students during the school day or periods of extracurricular activities, the school principal or his/her designee will be present.  The student's parent or guardian will be immediately notified of the situation.

2.If custody and/or arrest are involved, the principal will request that all procedural safeguards, as prescribed by law, be observed by the law enforcement officials.

Police Relations

It may be necessary to summon police assistance in cases of extreme disruption, uncontrolled or dangerous behavior or for violations of law.

This document states the intent of the Amherst-Pelham Regional Schools and the Amherst Police Department to engage in cooperative efforts aimed at the elimination of drugs and alcohol from the schools.  Such cooperation will ensure a more comprehensive community response to the social and physical hazards of drug use and drug trafficking by students while under the authority of school personnel.
The parties to the memorandum of understanding hereby agree to the conditions and procedures entered below.
1.0    All school staff members are under obligation to report any and all incidents of the use or possession of any drugs by students.
1.1    School personnel are not protected under the confidentiality statutes of the Commonwealth, and if called on to testify in court, they would be obligated to reveal any information relating to drugs even if voluntarily confided to them by the students.
1.2    Each and every such incident, suspected incident, or suspected pattern of use, possession or trafficking in drugs is to be reported immediately to the appropriate building principal, other administrator or designee.
1.3    Any student who is suspect of, observed as, or has admitted to being under the influence of a drug must be immediately escorted to the office of the building principal or the office must by notified immediately of the incident.
1.4    Incidents, as described, in items 1.0 – 1.3 are considered violations of school rules and possibly of the law if they occur in the school building, on school grounds, at school sponsored events, at activities or events which may be conducted off school grounds, on school buses, and at or around school bus stops, during loading and unloading procedures.
2.0    The principal of each school building shall be the party to whom all such incidents are reported and who will coordinate all procedures in these matters.  In the absence of the principal, another administrator or designee shall perform this function.
2.1    Upon a report to the principal of an incident, an investigation will be conducted.  Parents will be informed expeditiously.  Disciplinary hearings will take place when appropriate, and will be conducted by the principal, another administrator or designee.
3.0    To be under the influence of drugs, but not in possession of drugs is a violation of school rules, but it is not a violation of law.  Students in violation of school rules regarding drugs will be appropriately disciplined and parents notified, but police will not be ordinarily summoned.  Police may be summoned in cases of disorderly or dangerous conduct.
3.1    Students found to be in possession of drugs, on their person, or in locations specifically associated with students (school corridor lockers, gymnasium lockers, personal clothing or other locations or items) will be considered to be in violation of the law.  In such cases, parents will be notified immediately and the police will be summoned.  The case will be turned over to the Amherst Police Department.  Contraband (illicit drugs and paraphernalia usually associated with drug use) will be turned over to the police department as well.
3.2    Where appropriate, the Police Department will pursue criminal action against any student found to be in possession of drugs.
4.0    The Amherst Police Department’s Officer in Charge of Operations will coordinate the department’s actions in cases of a student found to be in possession of drugs or drug paraphernalia. 
    The Officer in Charge of Operations will coordinate record-keeping functions and police department/school system educational efforts with the principals of the schools.
4.1    The school system will report to the police department all incidents of students found to be under the influence of drugs.  The names of such students may be, at the discretion of the principal, submitted to the police department after notification of parents.  Such incident reports will be maintained by the Amherst Police Department as well as by the school system.  A standard form for the purpose of reporting will be developed jointly by the police department and the school system. 
4.2    The police department’s Officer in Charge of Operation and the school principals will form a liaison/coordinating committee.  This committee will meet regularly during the school year for the purpose of reviewing procedures contained herein and for the purpose of monitoring local conditions regarding drug use and trafficking.
4.3The liaison/coordination committee shall meet with and report to the Chief of the Amherst Police Department and the Superintendent of Schools annually (in March) for the purpose of reviewing the goals and effectiveness of the procedures contained herein.
4.4The procedures contained in this memorandum should be consistent with the codes for student conduct established in each school building.

Chapter 76: Section 16 Children excluded from school; remedies
Section 16. Any pupil who has attained age eighteen, or the parent, guardian or custodian of a pupil who has not attained said age of eighteen, who has been refused admission to or excluded from the public schools or from the advantages, privileges and courses of study of such public schools shall on application be furnished by the School Committee with a written statement of the reasons therefore, and thereafter, if the refusal to admit or exclusion was unlawful, such pupil may recover from the town or, in the case of such refusal or exclusion by a regional school district from the district, in tort and may examine any member of the School Committee or any other officer of the town or regional school district upon interrogatories.  (This provision, as well as Section 17, below, is only applicable when the offense is one for which the principal does not have the authority to expel the student.)

Chapter 76: Section 17 Hearing prerequisite to exclusion
Section 17. A School Committee shall not permanently exclude a pupil from the public schools for alleged miscon­duct without first giving him and his parent or guardian an opportunity to be heard.

1 A dangerous weapon shall include, but not be limited to, any gun, projectile, any device capable of propelling a projectile, ammunition, knife (including pen knives and box cutters), fireworks, lighters, brass knuckles, as well as any other implement which is capable of inflicting bodily injury and which is used to do so or is in the possession of the student so that it can be so used. Examples of the latter include, but are not limited to, ice picks, nail files, screw drivers, bracelets, scissors, pens/pencils.

English Language Learners

In accordance with Federal law, State law, and the Massachusetts Department of Education regulations and guidance, the Amherst Regional School District will provide an instructional program for all identified English language learners (ELL) in grades kindergarten through 12 that is designed specifically to assist them in learning English and in learning subject matter content.

The Amherst Regional School District will identify students whose dominant language may not be English through home language surveys that identify a primary home language is other than English (PHLOTE), observations, intake assessments, and recommendations of parents/guardians, teachers and other persons. Identified students will be assessed annually to determine their level of proficiency in the English language.

Health

A.Alcohol, Drugs, and Tobacco Free School

Alcohol and drug use is prohibited on school grounds/property (including buses) or at school related activities at all times. Use of tobacco is prohibited on school grounds/property (including buses) or at school-related activities at all times. Use of tobacco is not permitted in vehicles that are parked on school grounds. 

B.Appropriate Clothing

Please send student(s) to school with clothing appropriate for varied weather conditions (especially warm clothing for winter weather). Students should have proper footwear for indoor use, gym and outside activities. 

C.Dental Health

Families are encouraged to have their students visit a dentist regularly and follow his or her recommendations for a preventative dental health program. 

D.Emergency Information 

At the beginning of the year, Emergency Information Forms are distributed to each child. It is extremely important that the information on the form be filled in accurately, kept up-to-date and signed by parent or guardian. There must be a way of reaching alternate persons to notify in cases of emergency if the parent/guardian cannot be reached. Please be sure that the person(s) you name is willing and able to serve in this capacity. Please use a local person.

E.Head Lice

When head lice or nits are found, the student should be treated at home. Head lice are very contagious and quickly spread unless treated. A student's head should be checked regularly, especially if an itchy scalp is noted. Eggs are commonly found in the hair around the ears, the back of the neck and at the crown of the head. All family members and close contacts should be examined and treated as needed. The nurse will provide the necessary information needed to deal successfully with this problem. The student is advised to report to the Health Room before returning to class. 

F.Height and Weight

Massachusetts General Law, Chapter 71, Section 57 and CMR 200.500 mandates that students in grades 1, 4, 7 and 10 be measured for height and weight annually  in our Body Mass Index (BMI) Screening Program.  We will be sending an informational packet including BMI status to families with students in those grades.

G.Immunization Requirements  

Massachusetts Department of Public Health sets entry into school immunization requirements.  This information is available at the schools and from a health care provider. EVIDENCE OF THE REQUIRED IMMUNIZATIONS MUST BE PRESENTED BEFORE ENTER­ING THE AMHERST, AMHERST-PELHAM REGIONAL, OR THE PELHAM PUBLIC SCHOOLS. If a parent/guardian is claiming a medical or religious exemption from this requirement, an exemption request must be made in writing.  All medical exemptions must be supported by a health care provider.  Sufficient information must be provided for both exemptions, so that the administration may make a judgment as to the validity of the claimed exemption.  Any student with medical or religious exemptions may be subject to exclusion from school if there is an outbreak of a specific disease.  State Health Regulations require that all students entering preschool or kindergarten present evidence of having been screened for lead poisoning. 

H.Medication Policy

The administration of medication to students by the school health staff should take place only if the student's health would be jeopardized without it. No initial dose will be given in school. A signed and dated consent form by the parent/guardian and prescribing health care provider authorizing the administration of the medicine during school hours must be presented to the Health Room staff. Prescription medication must be in the original pharmacy container, labeled with the student's name, the health care provider's name, the name of the medicine, the dose, the time of day and the dates to be administered. Non-prescription medication must be presented in the original container. All medicines must be kept in the Health Room, except for inhalers, EPI Pens, and diabetic supplies which may be carried by the student.  These particular medications also require written permission from the parent/guardian, health care provider and nurse at the school which will be kept on file in the Health Room.  It is the student's responsibility to come to the Health Room at the prescribed time. Medication must be hand delivered by an adult to the nurse in order for that medicine to be dispensed to a student.   The District does not keep stock supplies of medication, except for emergency situations. Please see the nurse at school for consent and order forms along with clarification of these policies.

I.Physical Examination Requirements

A report of complete physical examination including an up-to-date record of immunizations is required for each child prior to entrance into school. Physical examinations performed within six months of the opening of school will meet this requirement. In Amherst, Pelham, and Amherst-Pelham Public Schools examinations are required before beginning kindergarten and fourth, seventh and tenth grade. A student transferring from another school system should be examined just as any other student just entering one of the Districts.  The physical examination must be conducted by a licensed medical doctor, nurse practitioner or physician assistant.  Documentation of the examination should be submitted to the health room prior to entering school.  Also, the documentation should include the date the exam was conducted, a statement regarding a general assessment of health, unusual findings or chronic health problems, treatments or medication administrations to be carried out in school, and any limitations to usual school activities.

J.Sickness and Accidents

If a student is sick or has a serious accident in school, the school will contact the parent(s)/guardian(s). It is the responsibility of the parent/guardian to take the student home and arrange for needed medical attention. The school will administer first aid only. Parents/guardians are asked to pick up their children in the Health Room.  It is sometimes difficult to assess how a child looks or feels in the morning, and many children will go to school well but develop an illness during the day. For the child's sake, as well as for the sake of others, please keep a student home if he/she is not well.  Examples of illnesses which should keep the child at home include:

• conjunctivitis (pink eye) may return after treatment has started
• fever (over 100 degrees orally) as a symptom.
• significant headache or stomachache
• diarrhea or vomiting within the past 24 hours
• impetigo (may return to school after treatment has started)
• earache, runny nose, cough and/or sore throat (if these symptoms interfere with a student's participation at school).

K.Postural Screening

Postural (scoliosis) screening, also known as screening for spinal curvature is conducted yearly for students in grades 5-9.  Parents/guardians of students who are found to need further evaluation by their own health care provider will be notified. 

L.Pregnant Students

Pregnant students will be encouraged to continue to attend school.  Every effort will be made to see that the educational program of the student is disrupted as little as possible, that return to school after delivery is encouraged, and that every opportunity to complete high school is provided. In accordance with Federal law and the Massachusetts Department of Education regulations and guidance, a student who is pregnant in the Amherst, Pelham, and the Amherst-Pelham Regional School District is permitted to remain in regular classes and participate in extracurricular activities throughout her pregnancy.  After giving birth, a student is permitted to return to the academic program in which she was enrolled and is permitted to participate in extracurricular programs.  The District does not require that a pregnant student obtain certification from a physician that she is physically and emotionally able to continue in school unless certification is required for all students with other physical or emotional conditions requiring the attention of a physician. 

M.Staff

The School Health Services team is comprised of a School Physician, a Nurse Leader, Certified School Nurses, Registered Nurses, and Licensed Practical Nurses. The School Physician is available on a scheduled basis as an advisor for the overall school health program, for consultation, and preventative health programs. A nurse is on duty during regular school hours to meet the needs of children and staff.

N.Vision and Hearing Tests

Screenings are conducted with students each year in the school for students in grades K-6, 10, and upon request. Parents/guardians of students who are found to need further evaluation by their own health care provider will be notified.

Home Education of Students

The District recognizes the right of parents to provide home education to their child/children. This right is not absolute, but subject to reasonable regulation by the District. Parents must submit a written home education proposal to the Superintendent or his/her designee, who, under Chapter 76, Section 1 of the Massachusetts General Laws shall approve or disapprove it. Such approval must be obtained in advance of its implementation.

In evaluating each proposed home education proposal, the Superintendent or his/her designee, will consider the following factors:

1. The competency of the teachers. Though certification is not required, the presence or absence of the requirements that would lead to certification may be considered.

2. The teaching of subjects required by state law, Chapter 71, Sections 1, 2 and 3, or regulation; the manner in which they are taught so as to impart comparable knowledge as given in the local schools.

3. The number of hours and days devoted to teaching to meet the minimum requirements of the state.

4. The adequacy of the texts, materials, methods and programs being used.

5. The availability of periodic tests and measurement of the child's educational growth.

Parents have the right to a hearing before the Superintendent in the event that the home education proposal is disapproved, so as to allow them an opportunity to explain their plan and answer questions about it. They may be represented by counsel and shall be provided reasonable notice of the time and place of such a hearing.

If a plan is approved, there will be a periodic evaluation of the child's progress under guidelines and standards set by the Superintendent to measure whether adequate educational progress has been made.

Participation of Home-Educated Students in Athletics and Extra-Curricular Activities

The opportunity to participate in interscholastic sports and/or other extracurricular activities should be considered a privilege rather than a right. The Amherst-Pelham Regional Schools encourage students with approved home education plans to participate in athletics and extracurricular activities at the Middle School and High School, provided they meet the same eligibility requirements as enrolled students.

Specifically, to participate in extracurricular activities and/or athletics, a home-educated student:

• must have a home education plan that has been approved by the Superintendent prior to the beginning of the school year.

• must reside in the Region and must be living with his/her parent(s) or legal guardian(s) in the family residence.

• must meet all eligibility requirements of MIAA including, but not limited to, rules governing transfers and academic eligibility beyond grade eight to participate in interscholastic athletics.

• must meet all eligibility requirements of the school, including attendance and academic requirements for participation in extracurricular activities and athletics

• must pay required fees for participation in athletics and, if applicable, for extracurricular activities.

• must pass the District’s physical examination annually, or have a family doctor perform such an examination, and must secure and present evidence of their own insurance coverage for participation in athletics.

Two aspects of a student’s home education program have been identified as being important measures of academic eligibility. These are, attendance/daily completion of course work and acceptable academic performance. Students must complete their normal academic work on the day of a scheduled practice or game; and students must complete satisfactory work in all subject areas in order to participate in extracurricular and/or athletic activities. Parents/guardians of home education students are expected to monitor these requirements.

Attendance: On days when there is either a game scheduled or a practice to be held, the head coach of an athletic team will review that day’s Home Education plan which must be signed by the parent/guardian, thereby certifying the student’s completion of that day’s academic work. Participants in other extracurricular activities must present their signed daily Home Education plan to the club’s advisor.

Academic Performance: On a trimester basis, no later than three (3) school days following the close of grades at the high school and middle school, the parent or guardian responsible for the home education program must submit to the Superintendent a progress report on work completed that quarter, including representative work samples and/or any other methods used for evaluating academic performance in English, mathematics, science and social studies. The Superintendent or Curriculum Director, with consultation from department heads, will determine whether or not the work completed that quarter satisfies the school’s grade level standards.

Failure of a home-educated student to adhere to requirements for participation in extra-curricular activities, or failure of a parent/guardian who has assumed responsibility for a home education program to properly monitor their child’s adherence to eligibility requirements, shall lead to the loss of the privilege to participate.

Homelessness

As part of the No Child Left Behind legislation, the McKinney-Vento Homeless Assistance Act was reauthorized. The purpose of this Act is to ensure educational rights and protections for children and youth experiencing homelessness.

1. Homeless students must be provided with access to the same free, appropriate public education that is provided to other children and youth.

2. Homeless students have the right to either remain in their school of origin or to attend school where they are temporarily residing;

3. Students who choose to remain in their school of origin have the right to remain there until the end of the school year in which they get permanent housing;

4. Students who chose to enroll in school where they are temporarily residing must be enrolled immediately, even if they do not bring the records usually required for enrollment with them. McKinney-Vento is a Federal law, the requirements of which override the immunization laws of Massachusetts. If a homeless child arrives lacking immunizations or medical records, the parent/guardian will be referred to the district’s Liaison, who has the responsibility to obtain relevant academic records, immunizations or medical records and to ensure that homeless students are attending school while the records are obtained; and

5. If a homeless student arrives without records, the school district’s designated Homeless Education Liaison must assist the family and contact the previously attended school system to obtain the required records.

McKinney-Vento permits homeless students to remain in their school of origin, despite their residential instability, and to receive transportation services that will help provide educational stability. Transportation is to be arranged as follows: 

1. If the homeless student continues to live in the area served by the district in which the school is located, that district must provide or arrange transportation;

2. If the homeless student moves to an area served by another district, though continuing his or her education at the school of origin, the district of origin and the district in which the student resides must agree upon a method to apportion responsibility and costs for transportation to the school of origin; and

3. If the districts cannot agree upon such a method, the responsibility and costs must be shared equally.

McKinney-Vento also requires that school districts ensure that homeless children and youth are able to participate in Federal, State or local food programs.

The determination for eligibility for free meal benefits is flexible, allowing benefits to be made available to homeless students as soon as possible.

1. To expedite delivery of meal benefits, the District will accept documentation that students are homeless from the Liaison or homeless shelter director.

2. In lieu of normal documentation substantiating free meal eligibility, schools may simply have the child’s name, effective date, and signature of the Liaison or homeless shelter liaison. (If, at some point, the child is no longer homeless, the household must be provided with an application for free/reduced price meals.)

3. A child or family may temporarily reside with another household and still be considered homeless under the definitions of homeless. In this case, the household size and income of the host family are not taken into consideration in determining the free meal eligibility for the children.

If a host family applies for free and reduced price meals for their own children, the host family may include the homeless family as household members if the host family provides financial support to the homeless individuals. Any income received by the homeless family must also be included.

Homework

The School Committee believes that homework is an important part of the educational process and that it is valid if it has the following objectives: to reinforce, enrich, and extend classroom instruction; to provide essential practice in developing skills; to promote growth of individual responsibility and self-directionin learning; and to help students develop good study habits and time management skills.

Homework is a learning activity which should increase in complexity with the maturity of the student. When assigning and evaluating homework, teachers cannot assume that the student will have adult support outside of school for successful completion of an assignment. Homework will not be assigned for disciplinary purposes.

School handbooks will publish specific homework guidelines that are consistent with the goals of the instructional program (Policy IA), this policy and other relevant School Committee policies.

Inclement Weather

If the weather is inclement in the morning, please refer to the following to learn whether school will be cancelled or delayed: Radio: WHYN (93.1 FM), WHMP (1400 AM, 99.3 FM) and (1430 AM); TV: (WWLP) Channel 22 and ABC40, carry cancellation or delay in opening announcements beginning at about 6:30 A.M. The Amherst school system also has a telephone News Line which will carry announcements of school closings and/or delays due to poor weather conditions. Call the News Line at 362-1898 beginning at 6:30 A.M. Please do not call the schools.

Safety and Well-Being

The School District and the School Committee seek to create an environment that achieves equity for all students and ensures that each student is a successful learner, is fully respected, and learns to respect others.  By building on strengths and overcoming impediments, the schools can ensure the academic engagement and school membership of every student from the moment she/he enrolls to the moment she/he walks across the stage at graduation.

Respect, fairness, consistency, responsibility, and appropriate social skills are essential components of our schools.  Every effort, both formal and informal, that supports these values and social skills will promote a positive learning environment, increase a climate of acceptance, and improve the quality of relationships among and between students and adults.

Mechanisms and procedures must be in place in every school and in every classroom not only to ensure the physical, social, and emotional safety of students, but also to provide the supports and advocacy necessary for students.  The need for safety, well-being, support, and advocacy applies to the general student body, to victims, and to alleged offenders.  All members of the school community need clear expectations, reasonable limits, and established structures and procedures to ensure safety and to protect the rights of all.

All members of the school community must be aware of school rules.  Non-compliance with any of these rules will lead to appropriate consequences.

The School Committee expects prevention and responsiveness on all issues of safety and well-being to be high priorities in the District and schools.  Every student will report to an adult concerns about his/her safety and well-being or concerns about the safety and well-being of others.  All adults in the school community will be trained in their responsibilities as First Responder to student reports, and every school will have clearly identified and trained Second Responders providing support for First Responders.   All reports from students or adults regarding issues of safety and well-being will be handled objectively.  

The School Committee directs the Superintendent to develop guidelines for the implementation of this policy and to publish these district guidelines in the appropriate handbooks.  Building principals may establish specific protocols related to these district guidelines.

School Visitation

Visitor Admission and Protocols

To best maintain the safety of students, the following protocol will be used to monitor who enters the buildings during the school day. While implementing this process is consistent with the districts’ focus on student safety, the community should be assured that parents/guardians, community members, and volunteers are welcome in the schools, and the districts recognize that partnership is critically important to meeting the needs of students.

a.All visitors will enter the school building through the front door.

b.Access will be granted to the school via the front door after utilizing the door access bell.

c.Access will be granted by school office personnel, the building principal or other authorized persons after visual identification is made and the visitor’s purpose for requesting access to the school is accepted.

d.All school doors shall remain locked during the regular school day except at arrival and dismissal time when certain designated doors will be open.

e.All visitors will be directed to the school main office where they will sign a visitor log and obtain a School Department Visitor Badge.

f.Visitors who fail to report to the main office to sign-in or obtain a visitor badge will be reported to the building principal or other authorized person for investigation.

Elementary School Parents/guardians are invited to eat lunch with your child. Call the Main Office ahead of time so that a lunch may be ordered for you. (Adult price for 2011-2012 is $3.25)

Observation Guidelines and Procedures

Pursuant to Mass. General Laws Chapter 71B Section 3, Amherst, Pelham, Amherst-Pelham Regional Public Schools accommodate written requests by parents/guardians to observe a student’s current or proposed education program and/or services.  The following guidelines apply to the scheduling and conducting of these observations. 

1.A parent’s/guardian’s request to observe a student’s educational program,  a proposed placement and/or services must be made in writing at least one (1) week in advance (with a copy provided to the designated Central Office Administrator) to the building principal.  The written request should identify the particular student, the observer, and the nature of the observation to be conducted. 

2.The building principal (or designee) will contact the parent/guardian and/or visitor for an initial scheduling conversation within five (5) days of receipt of the written request to avoid undue delay. 

3.If the parent/guardian of the student is requesting that a third party (e.g. independent evaluator or educational consultant) conduct the observation, the parent/guardian must provide the School District with written permission for the third party to conduct the observation and, if requested, to review school records.  

4.The building principal (or designee) will work with staff and the observer to set up the details of the observation including, but not limited to, scheduling and placement of the observer in the classroom.  The School District will permit access to programs that is sufficient in duration to accomplish the purpose of the visit.  The duration and extent of the observation will be determined on an individual basis but typically occur within one (1) and two (2) hour blocks.  The start and end time of the observation will be agreed upon in advance.  

5.The number of observers at any one time may be limited.  

6.The observer will be informed that he/she is not to interfere with the educational environment of the classroom including interacting with students and teaching staff during instruction.  If his/her presence becomes disruptive or distracting, the observer will be informed that the observation may be terminated earlier than anticipated.  This notice is particularly important since the presence of parents/guardians or others may influence the performance of the specified student and those of others.

7.The parent/guardian will be informed that he/she is there to evaluate the appropriateness of a specific educational program to meet the needs of an individual child.  Observers are not there to evaluate a teacher’s ability to perform his/her contractual job duties.

8.The observer will be instructed regarding the disclosure of confidential or personally identifiable information relating to other children.  Staff will be mindful of removing materials which may be part of a student’s record from plain view.  

9.A school administrator (or designee) will escort the parent /guardian or the third party during the entire observation.

10.The School District may designate certain periods of the year, such as during MCAS testing, field trips, the first or last few of days of the school year, as times when observations may not be scheduled.

11.The School District may condition observation of any of its programs when necessary to protect:   a.) the safety of the children in the program; b.) the integrity of the program; and c.) the disclosure of any confidential or personally identifiable information about the children in the program while the program is being observed.

12.The building principal (or designee) may exercise discretion at any time to reschedule or terminate an observation in the event of an emergency or a disruption that impacts on the physical or emotional well-being of the students in the school or the program being observed.

13.Observers will be asked to sign a confidentiality statement providing that, in the event that they obtain personally identifiable or confidential information during the course of an observation, the observer will not disclose it except when the information is relative to the specific student being observed, in which case it will be used consistently with the parent’s authority and direction.

Social Skills

These are the K-12 Social Skills Guidelines. It is important for students to:

1. accept responsibility for their own actions
2. express appropriately their own ideas and feelings
3. accept and respect others' ideas and feelings
4. recognize the effect of their behavior on others
5. demonstrate perseverance in working to accomplish goals
6. recognize and respect individual differences
7. demonstrate physical self control (i.e. physical activity appropriate to time, place and setting)
8. demonstrate verbal self control (i.e. speaking appropriate to time, place, and setting)
9. care for and respect materials, possessions and facilities

Parents/guardians are expected to assist the District in supporting these goals.

Student Records

Student Records—This Policy is issued pursuant to M.G.L. c. 71, sects. 34A, 34D, 34E and 34H, 603 CMR sect. 23.00 et seq and FERPA (Family Educational Rights and Privacy Act)

General Provisions

The student record contains all information and materials concerning a student regardless of where they are lo­cated, except for the information and materials specifically exempted by 603CMR 23.04, personal files of school employees.

The eligible student, upon reaching 14 years of age or upon entering ninth grade, whichever comes first, or the parent subject to the provisions of 603 CMR 23.07(5), shall have access to the student record as soon as practicable within ten days after the initial request. There is an exception to these type of requests in cases involving non-­custodial parents and these requests are governed by 603CMR 23.07 (5) (a) as amended by the Massachusetts Board of Education. If the student is 18 years of age or older, he/she alone shall exercise these rights, subject to the follow­ing. The parent/guardian may continue to exercise these rights unless expressly limited by such student. Such student may limit the rights and provisions of 603CMR 23.00, which extends to his/her parents/guardian, except the right to inspect the student record, by making such request in writing to the school principal or Superintendent of schools who shall honor such request and retain a copy of it in the student record. Pursuant to M.G.L. c.71, Section 34E, the parent/guardian may inspect the student record regardless of the student's age. Notwithstanding 603CMR 23.01 (1) and 23.01 (2), nothing shall be construed to mean that a school committee cannot extend the provisions of 603 CMR 23.00 to students under the age of 14 or to students who have not yet entered the ninth grade.

The review of student records should be in the presence of a counselor or his designee for interpretive information and to advise. This will apply to all materials inserted in the record. Besides specific court requests from a probation officer, court orders, a subpoena where health or safety requires the disclosure or upon transfer to another school district, and other exceptions provided under the Student Record Regulations (603CMR 23.07 (4)), only academic and attendance information should be released to requesting parents/guardians.

Most important, the school/district will make a reasonable effort to notify the parent or eligible student of a court order to comply before the records are released.

The student's record is available to school contracted personnel who work directly with the student in an adminis­trative, teaching, counseling, and/or diagnostic capacity without permission from the student and/or his/her parents. This includes administrators, teachers, counselors, administrative office staff and clerical personnel, and the Evalu­ation Team, which evaluates a student. Any such personnel who are not employed directly by the school committee shall have access only to the student record information that is required for them to perform their duties.

A log of access shall be kept as part of each student record. If parts of the student record are separately located, a separate log shall be kept with each part. The log of access shall indicate all persons who have obtained access to the student record stating: the name, position and signature of the person releasing the information: the name, position, and if a third party, the affiliation if any, of the person who is to receive the information, the date of access, the parts of the record to which access was obtained, the purpose of such access. Unless the student record information is to be deleted or released, this log requirement shall not apply to: authorized school personnel under 603 CMR 23.02 (9) (a), who inspect the record, administrative office staff and clerical personnel under 603 CMR 23.02 (9) (b), who add information to or obtain access to the student record, or school nurses who inspect the student health record.

An eligible student or parent/guardian shall have the right to request in writing the deletion or amendment of any information into the record by an Evaluation Team, which is governed by 603 CMR 23.08 (a) and (b).

Access to Student Records by Parents without Physical Custody

The District/school requests that divorced parents submit a copy of their custody agreement or order so that it is on file with their child’s or children’s respective school or schools.  However, a non-custodial parent, a parent without physical custody, is eligible to obtain access to the student record unless:

1.the parent has been denied legal custody or has been ordered to supervised visitation, based on a threat to the safety of the student, and the threat is specifically noted in the order pertaining to custody or supervised visitation, or

2.the parent has been denied visitation, or

3.the parent's access to the student has been restricted by a temporary or permanent protective order, unless the protective order (or any subsequent order modifying the protective order) specifically allows access to the information contained in the student record, or

4.there is an order of a probate and family court judge which prohibits the distribution of student records to the parent.

The school/district shall place in the student's record documents indicating that a non-custodial parent's access to the student's record is limited or restricted pursuant to 603 CMR 23.07 (5) (a). In order to obtain access, the non­-custodial parent must submit a written request for the student record to the school principal. Upon receipt of such request the school must immediately notify the custodial parent by certified and first class mail, in English and the primary language of the custodial parent, that it will provide the non-custodial parent with access after 21 days, unless the custodial parent provides the principal with documentation that the non-custodial parent is not eligible to obtain access as set forth in 603 CMR 23.07 (5) (a).

The school must delete the electronic and postal address and telephone number of the student and custodial parent from student records provided to non-custodial parents. In addition, such records must be marked to indicate that they shall not be used to enroll the student in another school. Upon receipt of a court order which prohibits the distribution of information pursuant to G.L. c.71, Section 34H, the school shall notify the non-custodial parent that it shall cease to provide access to the student record to the non­-custodial parent.

Amending the Student Record

1.     The eligible student or parent has the right to add information, comments, data, or any other relevant written material to student record.

2.     The eligible student or parent has the right to request in writing deletion or amendment of any information contained in the student's record, except for information which was inserted into that record by an Evaluation TEAM. Such information inserted by an Evaluation TEAM shall not be subject to such a request until after the acceptance of the Evaluation Team Educational Plan, or, if the Evaluation Team Education Plan is rejected, after the completion of the special education appeal process. Any deletion or amendment shall be made in accordance with the procedure described below:

(a)     If such student or parent is of the opinion that adding information is not sufficient to explain, clarify or correct objectionable material in the student record, either the student or parent shall present the objection in writing and/or have the right to have a conference with the principal or his/ her designee to make the objections known.

(b)     The principal or his/her designee shall within one week after the conference or receipt of the objection, if no conference was requested, render to such student or parent a decision in writing, stating the reason or reasons for the decision. If the decision is in favor of the parent, the principal or his/her designee shall promptly take such steps as may be necessary to put the decision into effect.

Appeals

1.In the event that any decision of a principal or his/her designee regarding any of the provisions contained in 603 CMR 23.00 is not satisfactory in whole or in part to the eligible student or parent, they shall have the right of appeal to the Superintendent of schools. Request for such appeal shall be in writing to the Superintendent of schools.

2.The Superintendent of schools or his/her designee shall within two (2) weeks after being notified of such appeal (longer should the appellant request a delay) review the issues presented and render a written decision to the appel­lant, stating the reason or reasons for the decision. If the decision is in favor of the appellant, Superintendent of schools or his/her designee shall promptly take such steps as may be necessary to put the decision into effect.

3.In the event that the decision of the Superintendent of schools or his/her designee is not satisfactory to the appellant in whole or in part, the appellant shall have the right of appeal to the school committee. Requests for such appeal shall be in writing to the chairperson of the School Committee.

4.The School Committee shall within four (4) weeks after being notified of such appeal (longer should the appellant request a delay) conduct a fair hearing to decide the issues presented by the appellant.

Destruction of Records

1.The student's transcript shall be maintained by the school department and may only be destroyed 60 years following his/her graduation, transfer, or withdrawal from the school system.

2.During the time a student is enrolled in a school, this principal or his/her designee shall periodically review and destroy misleading, outdated, or irrelevant information contained in the temporary record provided the eligible student and his/her parent are notified in writing and are given opportunity to receive the information or a copy of it prior to its destruction. A copy of such notice shall be placed in the temporary record.

3.The temporary record of any student on or after the effective date of 603 CMR 23.00 shall be destroyed no later than seven years after that student transfers, graduates or withdraws from the school system. Written notice to the eligible student and his/her parents of the approximate date of destruction of the record and their right to receive information in whole or in part, shall be made at the time of such transfer, graduation, or withdrawal. Such notice shall be in addition to the routine information letter required by 603 CMR 23.10.

4.In accordance with M.G.L. c71, Section 87, the score of any group intelligence test administered to a student enrolled in a public school shall be removed from the record of said student at the end of the school year in which such a test was so administered

Directory Information Notice

The Amherst, Amherst-Pelham, and Pelham Public Schools has designated certain information contained in the education records of its students as directory information for purposes of the Family Educational Rights and Privacy Act (FERPA) and the Student Record Regulations at 603 CMR 23.00.

The following information regarding students is considered directory information: 1) name, 2) address, 3) tele­phone number, 4) date and place of birth, 5) major field of study, 6) participation in officially recognized activities and sports, 7) weight and height of members of athletic teams, 8) dates of attendance, 9) degrees, honors and awards received, and 10) post high school plans of the student.

Directory information may be disclosed for any purpose in the discretion of the school system, without the consent of a parent of a student or an eligible student. Parents of students and eligible students have the right, however, to refuse to permit the designation of any or all of the above information as directory information. In that case, this information will not be disclosed except with the consent of a parent or student, or as otherwise allowed by FERP A and 603 CMR 23.00. You are hereby notified that pursuant to this notification, the school system will provide requested directory information to military recruiters unless the parent or eligible student specifically directs otherwise, as required by the No Child Left Behind Act.

Any parent or student refusing to have any or all of the designated directory information disclosed must file written notification to this effect with the principal on or before the 15th day of each September.  In the event that a refusal is not filed, it is assumed that neither a parent of a student or eligible student objects to the release of the directory information designated.

Complaint Process  

A parent/guardian/eligible student has the right to file a complaint with the US Department of Education concerning alleged failures by the District to comply with the requirements of FERPA.   The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605

Notice of Transfer to Other Schools

Pursuant to 603 CMR 23.07(g), notice is hereby given to parents and eligible students that the Amherst, Amherst-Pelham, and Pelham Public Schools forwards the complete school record of a transferring student to schools in which the student seeks or intends to enroll. Such transfer of records takes place without consent of the parent or eligible student.

Records of Transferring Students

When a student transfers from one of the Amherst, Amherst-Pelham, or Pelham schools to another school, the student's cumulative record should also be transferred to the new school. A parent or guardian may come to the school, sign for the record, and take it to the new school. Alternatively the District will mail the record to the new school. Regulations no longer require parental consent for records to be forwarded once a student transfers.

Sharing Student Lists

The District schools sometimes share lists which include student names, addresses, phone numbers, birthdates and names of parents/guardians with members of the school community. These lists facilitate social events and PGOs organize events. Parent/guardians have the right to request that this information about a child or family not be released.  A parent/guardian must notify the school within ten days of receiving notice of the right to not have such information released, if personal information is not be included on such lists.

Students with Disabilities

Special Education

Special education services are provided to students with disabilities who require specially designed instruction and/or related services in order to make educational progress and access the general curriculum.  Special education is provided by the District at no cost to parents. A parent/guardian/teacher, as well as other individuals like the student’s physician, may refer the student for a special education evaluation at any time.  An evaluation shall be completed upon written consent of the parent/guardian and shall be conducted in accordance with state and federal law.  A complete copy of the Parent/guardian’s Procedural Safeguards may be obtained from the principal’s office or from the Student Services office.

Section 504

Some students with disabilities may be entitled to services and other accommodations under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. To qualify as a disabled individual under Section 504, a student must: 1) have a physical or mental impairment that substantially limits one or more major life activities; 2) have a record of such impairment, or 3) be regarded as having such impairment.  In the case of qualification under #1, the determination of such qualification shall be made by a team of persons knowledgeable about the disability and/or the student.  A parent/guardian/teacher, as well as other individuals like the student’s physician, may refer the student for an evaluation under Section 504.  A complete copy of the Parent’s/Guardian’s Procedural Rights under Section 504 may be obtained from the principal’s office or from the Student Services Office, located in the superintendent’s office in the Amherst Regional Middle School building.

Process for Filing a Section 504 Complaint

The best solutions to parent/guardian concerns occur at the school level. Therefore, the first step in resolving a complaint involves the parent/guardian working with the building principal or designee to reach a joint resolution of the issue. Should the issue not be resolved and the parent/guardian desires to file a 504 complaint, the following steps can be taken:

• Parent/guardian completes and submits a Section 504 Complaint Form to principal or school designee. The form can be obtained in the Main Office of your child’s school.

• Principal or designee reviews complaint and attempts to facilitate resolution of the concern. If the concern is not resolved at the school level the parent can forward a copy of the complaint to the administrator in charge of Section 504 for the district.

• The administrator in charge of Section 504 for the district will review the concern and decide whether to reopen mediation or issue a written decision.

• Should the parent/guardian not be satisfied with the decision made at the district level, the superintendent or designee reviews the decision to determine if all district policy, Section 504 guidelines and procedures were followed. Adjustments to the decision will be made if needed.

• If the concern is not resolved, parents have the option of filing a complaint with the Office of Civil Rights (OCR).

If the parent/guardian is not satisfied with the decision made by the superintendent, the parent/guardian may file a request for a due process hearing before an impartial hearing officer.  Such a request should be filed no later than ten (10) school days after the date of the superintendent’s decision.  The impartial hearing officer shall not be an employee of the district and will be an attorney or educator knowledgeable about Section 504 and the Americans with Disabilities Act. The hearing officer will provide the complaining party and the district with the opportunity to present oral and written information as to the nature of the complaint.  The complainant and the district may be represented by counsel of their choosing and at their own expense.  The hearing officer will render a decision no later than thirty (30) days after the conclusion of the hearing.

The Office of Civil Rights (OCR) is the federal agency responsible for enforcing Section 504 compliance. While it is highly recommended that all parties begin resolution of issues as described above, parents and guardians always have the right to initiate a complaint with OCR or to involve OCR at any time during the complaint process.Office for Civil Rights 

United States Department of Education 
33 Arch Street - Suite 900 
Boston, MA 02110 

Telephone: (617) 289-0111
Fax: (617) 289-0150
TDD: (617) 223-9695
Email: OCR.Boston@ed.gov  

Observation Guidelines and Procedures

1. A parent’s/guardian’s request to observe a student’s special education program or a proposed placement must be made in writing at least one (1) week in advance with a copy provided to the Director of Special Education and the building principal.  The written request should identify the particular student, the observer, and the nature of the observation to be conducted.

2. The building principal (or designee) will contact the parent/guardian for an initial scheduling conversation within five (5) days of receipt of the written request to avoid undue delay.

3. If the parent/guardian of the student is requesting that a third party (e.g. independent evaluator or educational consultant) conduct the observation, the parent/guardian must provide the School District with written permission for the third party to conduct the observation and, if requested, to review school records.

4. The building principal (or designee) will work with staff and the observer to set up the details of the observation including, but not limited to, scheduling and placement of the observer in the classroom.  The School District will permit access to programs that is sufficient in duration to accomplish the purpose of the visit. The duration and extent of the observation will be determined on an individual basis but typically occur within one (1) and two (2) hour blocks.  The start and end time of the observation will be agreed upon in advance.

5. The number of observers at any one time may be limited.

6. The observer will be informed that he/she is not to interfere with the educational environment of the classroom including interacting with students and teaching staff during instruction.  If his/her presence becomes disruptive or distracting, the observer will be informed that the observation may be terminated earlier than anticipated.  This notice is particularly important since the presence of parents or others may influence the performance of the specified student and those of others.

7. The observer will be informed that he/she is there to evaluate the appropriateness of a specific educational program to meet the needs of an individual child.  He/she is not there to evaluate a teacher’s ability to perform his/her contractual job duties.

8. The observer will be instructed regarding the disclosure of confidential or personally identifiable information relating to other children.  Staff will be mindful of removing materials which may be part of a student’s record from plain view.

9. A school administrator (or designee) will escort the parent or the third party during the entire observation.

10. The School District may designate certain periods of the year, such as during MCAS testing, field trips, the first or last few of days of the school year, as times when observations may not be scheduled.

11. The School District may condition observation of any of its programs when necessary to protect:   a.) the safety of the children in the program; b.) the integrity of the program; and c.) the disclosure of any confidential or personally identifiable information about the children in the program while the program is being observed.

12. The building principal (or designee) may exercise discretion at any time to reschedule or terminate an observation in the event of an emergency or a disruption that impacts on the physical or emotional well-being of the students in the school or the program being observed.

13. Observers will be asked to sign a confidentiality statement providing that, in the event that they obtain personally identifiable or confidential information during the course of an observation, the observer will not disclose it except when the information is relative to the specific student being observed, in which case it will be used consistently with the parent’s authority and direction.

Please refer to the Observation Law and DESE Special Education Advisory for technical reference at the following links:
http://www.doe.mass.edu/sped/advisories/09_2.html

http://www.mass.gov/legis/laws/seslaw08/sl080363.htm 

Video/Audio Taping of TEAM and Meetings

Tape recording¹ of TEAM meetings is not permitted unless tape recording of a TEAM meeting is the only reasonable accommodation for a documented disability or the limited English proficiency of any participant in the TEAM meeting where the documented disability or limited English proficiency prevents that participant from fully understanding or participating in the team process without the use of tape recording.  This would apply to the parent/guardian/educational surrogate, student² a person invited to the team meeting, like a consultant or evaluator, as well as service providers, attorneys for the District or parent/guardian/educational surrogate/student, or advocates for the parent/guardian/educational surrogate/student.  The person requesting the accommodation must contact the TEAM chairperson at least two (2) school days prior to the TEAM meeting to request the accommodation:  Documentation related to the claimed need for an accommodation must be provided at that time.

Documentation of as disability or the limited English proficiency (if not obvious) should identify the impairment and how the impairment affects the parent/guardian/educational surrogate/adult student in an environment like a TEAM meeting.  Further documentation or oral written information may be requested by the District, if the initial documentation is insufficient for the District to make a determination.  Once adequate documentation is received, as determined by the District, the District will engage in the interactive process.

As a result of the request and the interactive process, the District may choose to provide a different accommodation.  If the District determines that:

1. That the impairment is not a disability, or there is no limited English proficiency, or

2. Taping is not permitted and a different accommodation will be provided,

then the person requesting the accommodation of taping the TEAM meeting will be provided a copy of the District’s Section 504 statement of procedural rights and/or complaint procedure and civil rights complaint procedure which the person may utilize in order to challenge the determination that taping is not permitted.

Volunteers

The Amherst-Pelham Regional Public Schools provide a rich array of volunteer opportunities which address the educational needs of all students and support educational programming and school community needs. Fortifying school success for all students fosters language, literacy, social and initiative skills. Community members, college students and parents/guardians are encouraged to become volunteers to support learning and to facilitate positive community involvement, partnership and collaboration.

There are many volunteer opportunities in our schools throughout the year.  Examples include academic tutoring, classroom/office/clerical/library support, afterschool clubs and programs, computer lab, athletic coaching, field trip chaperones, graduation ceremonies, music and dramatic productions and Parent/Guardian Organizations.  For more information, please contact Kimberly Stender, Volunteer Coordinator, at 413-362-1825 or stenderk@arps.org.

Letters of Assurance

The following public notice shall be distributed annually to parents/guardians, students, staff members, and the general public in compliance with various Federal and State laws and regulations.

Contact Information

School Building Administrators

Central Office Administration

SCHOOL COMMITTEE MEMBERS 2011-2012

Regional School Committee Directory

Amherst School Committee Directory

Pelham School Committee Directory