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1997-06-30BEVERLY PUBLIC SCHOOLS BEVERLY, MASSACHUSETTS June 30,1997 A special meeting of the Beverly School Committee was held on Monday, June 30, 1997 in the School Committee Room, Briscoe Middle School, Beverly, MA. The meeting was called to order by Chairperson Linda Goodenough at 7:08 PM. Members Present: Mr. Bjork, Mrs. Frutiger, Mrs. Krueger, Mr. McHugh, Mrs. Seamans (left the' meeting at 9:07 PM) and Mrs. Goodenough. Mrs. Gillespie arrived at 7:19 PM. Members Absent: Ms. Levin and Mayor ScanIon. Adm in istrators Present: William Lupini, Newly Elected Superintendent of Schools, Keith Manville, Acting Superintendent of Schools, and Judy Mulligan, School Business Manager. Also Present: Karla Pressman, Principal, Abraham Edwards School, Members of Abraham Edwards School Site Council, Kevin, Moran, Principal, Briscoe Middle School, Bill Foye, Principal, Beverly High School Members of Beverly High School Site Council Donald Hannable, 96 Bisson Street PRESENTATION OF SCHOOL IMPROVEMENT PLANS Abraham Edwards Elementary School · It was moved by Mrs. Seamans and seconded to accept the Abraham Edwards Elementary School Improvement Plan, as presented. Unanimously voted. · Upon the recommendation of the Acting Superintendent, it was moved by Mrs. Seamans and seconded to accept the Abraham Edwards Elementary School Student Handbook, as presented. Unanimously voted. Briscoe Middle School ° It was moved by Mrs. Seamans and seconded to accept the Briscoe Middle School Improvement Plan, as presented. Unanimously voted. The Administration was requested to research the concern of lack of hot water(at all schools), and to determine if this relates to any health issues. Special Meeting June 30, 1997 Page 2 Beverly High School · It was moved by Mrs. Seamans and seconded to accept the Beverly High School Improvement Plan, as presented. Unanimously voted. CONSIDERATION OF POLICY WAIVER Mayor ScanIon requested School Committee consideration to name the new elementary school after James L. McKeown, the late president of Cummings Properties. (Present policy prohibits naming of buildings, rooms, and fields after individuals.) The request stated that, if the Committee acts favorably on the request, New Horizons Beverly, Inc. will waive the payment of damages in its entirety for the taking of land for the new school. (Previously, Mr. Cummings agreed to waive $1,000,000 of the damages otherwise payable, and to accept the conveyance of the McKay School in exchange for the approximate $300,000 balance.) Mrs. Seamans requested consideration of a policy revision, amending the policy to include specific guidelines for acceptance of gifts and donations, and a component that endowments be established in exchange for recognition of individuals. Mrs. Seamans' concern is that provisions be in place to insure continued maintenance through an ongoing process such as an endowment fund. General consensus of members was the desire to establish more specific guidelines for inclusion in the policy, as well as wording to allow more flexibility for consideration of future requests. · It was moved by Mr. Bjork and seconded to direct the Administration to review the policy on Naming of Buildings, Fields, or Rooms after Individuals, and report back to the Committee with recommendations for changes in the policy. Unanimously voted. · It was moved by Mrs. Gillespie and seconded that the Beverly School Committee gratefully accept Mr. Cumming's donation of land for a new elementary school in memory of James McKeown. Furthermore, in recognition of this contribution, the School Committee requests that Cummings Properties work in conjunction with the community to establish a memorial that will truly honor and perpetuate the name and memory of James L. McKeown. Unanimously voted. POLICY READINGS · It was moved by Mrs. Frutiger and seconded to adopt the policy on Harassment, as presented, a Second Reading before the Committee. Unanimously voted. (See attached.) · It was moved by Mrs. Frutiger and seconded to adopt the policy on Parent Notification Relative to Sex Education, as presented for a Second Reading. Unanimously voted. (See attached.) Special Meeting June 30, 1997 Page 3 The Administration will notify all principals of these policies for inclusion in school handbooks. Following review by the Standing Committee on Student Life and Activities, Mrs. Frutiger presented several other policies related to students for a First Reading. Requests for changes or revisions should be forwarded to Mrs. Frutiger or Superintendent Lupini for adoption and consideration at the regular meeting in September. · It was moved by Mrs. Krueger and seconded that the Beverly School Committee authorize Landmark School to continue to operate a school in the Beverly community. Unanimously voted. BUDGET CONSIDERATIONS Acting Superintendent Keith Manville presented a budget report including plans for the $190,000 reserve account, which will be given to the Building Commission to be spent on bid specifications for the roofs at Beverly High School and Centerville, and other maintenance projects in the system. Priorities and needs were reviewed to find ways to address the shortfall in the budget request. The Administration presented a request for three new positions, and consideration of additional guidance and foreign language staff in the middle schools. Committee members requested the Sped teacher salary be paid from the contingency fund. ° It was moved by Mr. Bjork and seconded to certify the FY98 School Department Budget in the amount of $27,653,082 for level program, $580,000 for an assistant principal, thirteen teachers and a summer reading program at Beverly High School, and $100,000 for additional program improvements. A roll call vote was requested, which resulted in the following: YES: Mr. Bjork, Mrs. Frutiger, Mrs. Gillespie, Mrs. Krueger, Mr. McHugh and Mrs. Goodenough. NO: None Unanimously voted. ° It was moved by Mr. Bjork and seconded that the Beverly School Committee authorize the Administration to hire one elementary reading teacher, one .5 administrator, Patten Wing, Beverly High School/.'5 assistant to the SPED Director, and one elementary Sped (BD) teacher. Unanimously voted. ° It was moved by Mr. Bjork and seconded that the School Committee authorize the Administration to hire one middle school guidance counselor and/or one middle school foreign language teacher, subject to funding and portions thereof. Unanimously voted. Special Meeting June 30, 1997 Page 4 · It was moved by Mr. Bjork and seconded to approve the budget transfers requested by the principal of Beverly High School in a memo dated June 30, 1997, and to authorize approval for the Administration to process any additional budget transfers necessary to accurately reflect expenses for the FY96-97. Unanimously voted. · It was moved by Mrs. Krueger and seconded to go into Executive Session for the following purposes: a) to receive a report relative to the Norton litigation, b) to consider negotiations with union and non-union personnel, and c) to consider records of executive sessions held March 24, April 3, April 7, and May 5, 1997, and return to Open Session. A roll call vote was requested, which resulted in the following: YES: Mr. Bjork, Mrs. Frutiger, Mrs. Gillespie, Mrs. Krueger, Mr. McHugh and Mrs. Goodenough. NO: None Unanimously voted. The Committee recessed at 9:41 PM. The Committee went into Executive Session at 9:55 PM. The Committee returned to Open Session at 10:15 PM. Mr. Bjork gave notification that he may present a motion at the next regular meeting to change the language in the Policy on Naming of Buildings, Fields, or Rooms after Individuals so it is not as prohibitive. This is considered a First Reading. · It was moved by Mr. Bjork and seconded to transfer one million dollars from the budget line for the acquisition of land for a new elementary school to the employee benefits and Honeywell lines, to reverse the transfer approved at a special meeting on January 9, 1997. Unanimously voted. · It was moved by Mr. Bjork and seconded to adjourn. Unanimously voted. The meeting adjourned at 10:22 PM. Stella Mae Seamans Secretary File: ACAB Harassment Preamble The Beverly School Committee is committed to the prevention of harassment based upon sex, race, color, national origin, religion, age, disability or sexual orientation. This policy has been developed to ensure that the educational opportunities of all students, and the employment conditions of all employees, are not threatened or limited by such harassment, and to ensure that individuals are free to work, learn, and develop relationships without fear of intimidation, humiliation, or degradation. This policy defines: unlawful and prohibited conduct; reporting and investigation procedures; and disciplinary sanctions. It shall be a violation of this policy for any employee or student of the Beverly Public Schools to harass another employee, adult member of the school community, student, applicant for employment, or other person with business to conduct with the Beverly Public Schools, through conduct and communications as defined below. It shall also be a violation of this policy for students to harass other students or staff through conduct or communications of a harassing nature as defined below. Unlawful and Prohibited Conduct Defined Unlawful and prohibited conduct includes, but is not limited to, actions which are related to a person's sex/gender, race, color, national origin, religion, age, disability or sexual orientation, when such actions are unwelcome and unsolicited by the recipient. Harassment based on a person's race, color, national origin, religion, age, disability, or sexual orientation consists of conduct that: 1. Has the purpose or effect of creating an intimidation, hostile, humiliating, or offensive work or education environment; 2. Has the purpose of substantially or unreasonably interfering with a person's work or academic performance; 3. Or otherwise adversely effects a person's academic standing or employment opportunities. Sexual/Gender Harassment Unlawful and prohibited conduct, consisting of unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct, or communication of a sexual nature when: 1. Submission to, or rejection of, such conduct or communication is made explicitly or implicitly a term or condition of employment, or education or academic achievement; 2. Or, submission to, or rejection of, such behavior is used as a basis for employment or academic decisions; 3. Or, such behavior unreasonably interferes with an individual's work or academic performance, or creates an intimidating, hostile, humiliating, or offensive work or educational environment. Examples of prohibited behaviors shall include, but not be limited to, the following examples: Verbal Conduct Name calling, teasing, jokes, or other derogatory or dehumanizing remarks by an individual or group, as in verbal bullying; Physical Contact Unwelcome touching of a person or person's clothing, or any other act of physical intimidation or bullying; Written Conduct Notes, cartoons, calendars, graffiti, offensive or graphic posters, pictures, book covers, drawings, computer terminal messages of an offensive nature, or designs on clothing meant to offend another on the basis of gender, race, color, national origin, age, disability, or other identifying characteristic; Visual Conduct Suggestive looks, leering, or gesturing of a suggestive nature; Retaliation As in behavior with the intention to control another individual's scholastic achievement or employment status; The foregoing list was to provide some concrete examples, but is not meant to be all inclusive. Procedures for Reporting and Conducting an Investigation The response to and resolution of complaints will be guided by the following goals: 1. Focus on education and changing behavior rather than simply punishing the offender. 2. Engage students and staff in dialogue so that they may understand the impacts of behavior and attitudes. 3. Maintain the confidentiality of victims and offenders by involving as few people as possible. 4. Protect the complainant from retaliation. 5. Insure prompt and thorough attention to all complaints. Procedures for Reporting Harassment Attempts will be made to address and resolve the complaint informally if the complainant so wishes. · The informal complaint will be given to the Title IX Coordinator to investigate. The Title IX Coordinator will put in writing any recommendation(s) for resolving the complaint and present it to the complainant, the respondent, and the respective Principal and/or Supervisor(s). · If all of the parties involved within the complaint process desire to extend the informal process, the 30 day process requirement may be waived. The complainant may file a formal written grievance with the Principal or Supervisor within 30 working days (school days for students and school year employees) of the date that the complaint was made to the Title IX Coordinator. If the complainant does not choose to file a written complaint to the Principal or Supervisor, the Principal or Supervisor will record the complaint in writing. The Principal/Supervisor may advise the complainant to talk first to the Title IX Coordinator, if the complainant so chooses, and proceed with an internal review of the complaint. · If the complaint process begins with the Principal/Supervisor and does not go back to the Title IX Coordinator, then the formal process ensues. Within fourteen working days (school day for students or school year employees) from receipt of the complaint, the Principal/Supervisor must investigate and respond in writing with his/her review of the incident and of any action taken or decision made. The Principal/Supervisor may notify the parent/guardian in accordance with established school policy if a student under eighteen (18) years of age is involved. The investigation may include but is not limited to the following: a. Meet with the person charged to obtain a response to the complaint; b. Conduct interviews of possible witnesses to the alleged events; c. Report the matter to local police if criminal activity is involved (see Massachusetts General Laws, c 265, s 43, which prohibits stalking, and Massachusetts General Laws, c 269, s 17 which prohibits hazing); and/or suspected child abuse to the Department of Social Services as required by Massachusetts General Laws, c 119, s 51A. d. Subject to the requirements of due process, take disciplinary action against the person charged pursuant to any collective bargaining agreement, student handbook, and state and federal law, including without limitation, a letter of reprimand or warning or a suspension of one to ten days; e. Refer the person charged to the Superintendent and/or designee for further disciplinary action. · The written report must contain the following information: a. All facts and circumstances of the incident. b. Verification of parent/guardian notification if a student under 18 years of age is involved (in accordance with established school policy). c. A summary of the investigation of all allegations which will include interviews with all individuals reasonably believed to have relevant information: the Complainant, the person charged and, if either is under the age of 18, their parents (if appropriate), witnesses, and anyone else who may have been the victim of similar conduct. d. A description of any actions already taken and/or proposed by the Title IX Coordinator. If the complainant is dissatisfied with the response of the Principal or Supervisor, he/she may submit a written request for review to the Superintendent of Schools and/or designees within 15 working days (school days for students and school year employees). The Superintendent of Schools and/or designee must respond, in writing, within 7 (seven) working days. An employee, student, or parent acting for a student may, at any time, file a grievance with the following agencies: United States Department of Education Region 1, John W. McCormack Building C.H., Room 222 Boston, MA 02109-4557 (617)223-9317 Massachusetts Human Rights Commission 51 Inman Street, Second Floor Cambridge, MA 02139 ( 617) 349-4396 Massachusetts Department of Education 350 Main Street Malden, MA 0248-5023 (617) 338-3300 Records of any grievance filed by a complainant shall not be placed in the complainanrs personnel file. STUDENT-STUDENT HARASSMENT A staff member who has received a verbal or written report will encourage the complainant to consult with the designated harassment resource person or building administrator. The resource person/administrator will gather all pertinent facts from the complainant and any witnesses and will provide the complainant options, such as: 1. The staff person, harassment resource person, or administrator may speak to the harasser explaining that the behavior is inappropriate and outline consequences for past actions and consequences, if the behavior does not stop. 2. The complainant may discuss the situation with the harasser, telling him/her to stop the harassing behaviors. This may be done in the presence of a third party, if requested. 3. The complainant may write a letter (sample in guidance office) to the harasser describing the behavior and telling him/her to stop. A supportive person should help the complainant with this letter, if requested. This letter may be delivered to the harasser by a staff person at the request of the complainant. A copy should be dated and kept by the Principal in a harassment file. If the harassing conduct so warrants, disciplinary procedures, up to and including suspension or exclusion, will be instituted in accordance with the student handbook and the policy of the Beverly Public Schools. STAFF-STUDENT, STUDENT-STAFF HARASSMENT In a situation involving a charge of harassment between a staff member and a student, the information should be brought to the attention of the Principal immediately. ThePprincipal will inform the Superintendent of Schools or his/her designee and an investigator will be appointed. The investigation will be initiated immediately, and will be completed in a timely manner. Any association/union member has the right to union representation in this process. Furthermore, the investigating officer should not be an association/union member in the same bargaining unit as the accused. A report of the incident and its resolution, along with any accompanying documentation, may be placed in the personnel file of the staff person. Any student or staff member of the Beverly Public Schools who is found to be in violation of this harassment policy is subject to appropriate disciplinary action up to and including suspension and termination. If the alleged sexual harassment constitutes sexual abuse of a child by a "caretaker," i.e., a school staff member, then the Principal will report the suspected abuse to the Department of Social Services as required by M.G.L. Ch. 119, Section 51A. STAFF-STAFF HARASSMENT In a situation involving a charge of staff member to staff member harassment, the Building Principal should be notified immediately. The Principal will inform the Superintendent of Schools or his/her designee and an investigator will be appointed. The investigation will be initiated immediately, and will be completed in a timely manner. Any association/union member has the right to union representation in this process. Furthermore, the investigating officer should not be an association/union member in the same bargaining unit as the accused. A report of the incident and its resolution, along with any accompanying documentation, may be placed in the personnel files of the staff persons. Any staff member of the Beverly Public Schools who is found to be in violation of this harassment policy is subject to appropriate disciplinary action up to and including suspension and termination. Retaliation The School Administration will discipline or take appropriate action against any student, teacher, administrator, or school personnel who retaliates in any form against a person who makes a complaint or reports or participates in an investigation of a harassment complaint. Acts of retaliation may result in immediate disciplinary action, up to and including expulsion or dismissal, even if underlying harassment is not proven. Retaliation is an independent prohibited and unlawful act. Adopted: Feb. 10, 1997 Revised: June 30,1997 LEGAL REFS: Title VII, Section 703, Civil Rights Act of 1964 as amended 45 Federal Regulation 74676 issued by EEO Commission Education Amendments of 19972, 20 U.S.C. 1681 et seq. (Title IX) Board of Education 603 CMR 26:00 File: IMBB Parent Notification Relative to Sex Education In accordance with General Laws, Chapter 71, Section 32A, the Beverly School Committee has adopted this policy on the rights of parents and guardians of our students in relation to curriculum that primarily involves human sexual education or human sexuality issues. At the beginning of each school year, all parents/guardians of students in our schools will be notified in writing of the courses and curriculum we offer that primarily involve human sexual education or human sexuality issues. The Superintendent of Schools will determine the administrator(s) responsible for sending the notices(s). Parents/guardians of students who enroll in school after the start of the school year will be given the written notice at the time of enrollment. If the planned curriculum changes during the school year, to the extent practicable, parents/guardians will be notified of this fact in a timely manner before implementation. Each such notice to parents/guardians will include a brief description of the curriculum covered by this policy, and will inform parents/guardians that they may: 1 ) exempt their child from any portion of the curriculum that primarily involves human sexual education or human sexuality issues, without penalty to the student, by sending a letter to the school principal requesting an exemption. Any student who is exempted by request of the parent/guardian under this policy may be given an alternative assignment. 2) inspect and review program instruction materials for these curricula, which will be made reasonably accessible to parents/guardians and others to the extent practicable. Parents/guardians may arrange with the principal to review the materials at the school, and may also review them at other locations that may be determined by the Superintendent of Schools. A parent/guardian who is dissatisfied with a decision of the principal concerning notice, access to instructional materials, or exemption for the student under this policy may send a written request to the Superintendent for review of the issue. The Superintendent or designee will review the issue and give the parent/guardian a timely written decision, preferably within two weeks of the request. A parent/guardian who is dissatisfied with the Superintendent's decision may send a written request to the School Committee for review of the issue. The School Committee will review the issue and give the parent/guardian a timely written decision, preferably within four weeks of the request. A parent/guardian who is still dissatisfied after this process may send a written request to the Commissioner of Education for review of the issue in dispute. The Superintendent of Schools will distribute a copy of this policy to each principal by September 1 of each year. Adopted: June 30,1997 LEGAL REF: M.G.L. Ch. 71, Sec. 32A