POLICY AND AMENDMENT COMMITTEE
December 12, 2022 at 2:30pm
WSESU Central Office, 53 Green Street, Brattleboro
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AGENDA
I Approval of Minutes from 11/29/22
II Pending Board action on 12/13 for 1st Reading:
F38 – Prevention of Sexual Harassment as Prohibited by Title IX
III Conclude edits to move policies to 2nd reading
F10 – Reporting Suspected Child Abuse or Neglect
F21 – Policy on the use of Restraint and Seclusion
F35 – School Animal Policy
III. Continue Review
H7 Leadership Councils
IV. New Business
LSP1 Student Dress Code
D1 Personnel-Recruitment, Selection, Appointment, and Background Checks (Regarding including students in the hiring process)
G8 Local Action Plan (Consider D1, D2 Professional Development, and G1 Curriculum Development and Coordination as working components of G8)
Meeting to conclude at 4:30.
….
Note: These proposed minutes should be considered preliminary until they are approved by the committee at a future meeting.
WINDHAM SOUTHEAST SCHOOL DISTRICT POLICY & AMENDMENT COMMITTEE
TUESDAY, NOVEMBER 29, 2022
REGULAR MEETING – 2:30PM
HYBRID MEETING: CENTRAL OFFICE CONFERENCE ROOM, BRATTLEBORO, AND
REMOTELY VIA ZOOM
DRAFT MINUTES
Policy & Amendment Committee Members Present: Chair Deborah Stanford (DS), Liz Adams (LA), Anne Beekman (AB), Tim Maciel (TM) Policy & Amendment Committee Members Absent: none
WSESU/SD Staff and Administrators Present: Mark Speno, Wendy M. Levy, Barb Nowakowski, Paul Smith, Tate Erickson, Kate Margaitis
WSESD Board Members Present: Robin Morgan, Shaun Murphy
Media Present: none
Others Present: Jaime Contois, David Schoales
CALL TO ORDER
Chair DS called the meeting to order at 2:31pm.
DS gave the “hybrid meeting” statement.
DS announced changes to the agenda: Because guests Robin Morgan and Tate Erickson are here for the discussion on Policy F21 under agenda item II., and they have other commitments, the meeting will begin with this item.
II. UPDATE OF BOARD ACTION ON 11/22 FOR 1ST READING
• F21: POLICY ON THE USE OF RESTRAINT AND SECLUSION
DS noted this policy was presented at the 11/22 Board meeting. After that reading, WSESD Board Member Robin Morgan submitted her concerns with the use of seclusion and restraint, and included information supporting her concerns. Thus, Ms. Morgan and WSESU Director of Special Services Tate Erickson are here to discuss this policy.
Highlights from that discussion include:
• The need to consider neuro-divergence and trauma, and experts’ guidance related to that, when developing this policy.
• This school district’s training, policies, and practices focus on de-escalation. Safety for self and others is primary. Restraint is used very sparingly, and anything more intrusive than a hand on a shoulder to guide a person into a calming room is considered restraint. Seclusion is not used per se. Sometimes students are placed in a “calming room,” but they are not left alone, and doors are never closed or barred in these spaces.
• A review of the intervention process for students who experience dysregulation in school.
• It may not be legally possible to change this policy.
• The distinction in the policy between acts being “recommended” and “mandatory.”
• Mr. Erickson distributed two documents: “Vermont State Board of Education Manual of Rules and Practices: Series 4500 – Use of Restraint and Seclusion in Schools” (aka “Rule 4500), and a redacted example of the “Vermont Agency of Education Rule 4500 Mandated Report Form (Revised: September 3, 2019).”
• If any student is restrained or secluded, the school must submit a “Rule 4500 Report” to the Vermont Agency of Education.
• The WSESU’s practices don’t match the Agency of Education’s definitions for seclusion.
• Should F21 remove “seclusion” and include “calming rooms” in the policy?
• A reminder that policies and procedures are different.
• When is restraint and seclusion used, and who decides? A CPI-trained employee decides.
• Reviewing data on when restraint and seclusion has been used in the district’s schools can be useful.
• Does state law represent a minimum? Can policy be expanded to reflect the district’s values? This has been done before.
• Some of the state policy is disturbing, such as the use of “supine” positions in restraint.
• What is the role of non-trained personnel in these incidents?
• The committee should differentiate between “restraint” and “seclusion” in the statement of purpose, and remove “inappropriate.”
• During this school year, staff members have filed 18 workers’ compensation claims, some of them significant.
• All staff, including those not CPI-trained, are trained in de-escalation methods.
• What happens when an employee violates procedure?
• Every time there is an incident where a workers’ compensation claim is filed by a staff member due to a student-related incident, there is a debriefing session and a plan for the injured staff and the family of the student.
• DS asked LA to contact the Agency of Education about Rule 4500, and to do this in writing.
DS asked the committee members if they agreed to put this policy on hold until the next Policy and Amendment Committee meeting. All committee members agreed.
DS recommended not using any of the VSBA’s “cross-outs,” to keep all wording, and to use their numerical system.
I. APPROVAL OF MINUTES FROM 11/15/22
TM recommended every committee adhere to Robert’s Rules of Order in its minutes, which includes attaching no names to comments.
DS asked Executive Secretary Barb Nowakowski to convey this to School Superintendent Mark Speno, who had briefly left the meeting.
THE POLICY AND AMENDMENT COMMITTEE UNANIMOUSLY APPROVED THE 11/15/22 MINUTES AS PRESENTED.
III. CONTINUE REVIEW
• F38: PREVENTION OF SEXUAL HARASSMENT AS PROHIBITED BY TITLE IX
Ms. Nowakowski reminded the committee members that this is a federally required policy.
Green Street School Principal and Title IX Coordinator Kate Margaitis led the discussion. Highlights included:
• The history of this policy, which is new.
• Which policy covers sexual harassment (F38), and which policy covers harassment, hazing, and bullying (HHB) (F23).
• What happens when Ms. Margaitis receives a report.
• Who is included in the report.
• How the criteria is determined for whether the incident is considered sexual harassment, or HHB.
• Who files the complaints.
• Who investigates.
• What happens to witness statements.
• Why someone might choose not to file a Title IX complaint.
• Which policy covers sexual harassment (F38), and which policy covers harassment, hazing, and bullying (HHB) (F23).
• What happens when Ms. Margaitis receives a report.
• Who is included in the report.
• How the criteria is determined for whether the incident is considered sexual harassment, or HHB.
• Who files the complaints.
• Who investigates.
• What happens to witness statements.
• Why someone might choose not to file a Title IX complaint.
Ms. Margaitis said the Title IX Coordinator should be a dedicated full-time position, especially for a district this size. It is not manageable for a school principal to keep doing this. Mr. Speno noted theproposed Fiscal Year 2024 draft budget has a line item for a full-time Title IX Coordinator position. Adiscussion ensued.
A discussion ensued on whether Title IX incidents are increasing this year, and what the data says about that. The discussion included whether COVID has affected this, and the difference between reported and confirmed incidents. Mr. Speno noted the December 13 WSESD School Board meeting agendaincludes a presentation about HHB and Title IX. Jaime Contois of Putney requested the presentation include criteria for reporting incidents versus not reporting incidents.
Mr. Speno reminded everyone to be mindful of confidentiality when reporting Title IX complaint data, especially in small schools. He said the district used to issue monthly DCF (Department of Children and Families) reports, but the board decided to stop because of confidentiality concerns. A discussion ensued on revisiting this subject, how often, and what to include.
DS noted that the committee put this policy on hold last time to allow the opportunity for Ms. Margaitis to address the committee. DS asked committee members if they agree that it is time to have a first reading of the policy at the next WSESD Board meeting. All committee members agreed.
MOTION BY TM TO AMEND THE AGENDA TO FOCUS ON F35, AND TO MOVE THE ITEM IMMEDIATELY TO G8 TO ACKNOWLEDGE IT CLOSELY. MOTION CARRIED UNANIMOUSLY.
Mr. Speno asked DS to include, at the end of every Policy and Amendment Committee meeting, time to set the agenda for their next meeting. DS agreed.
DS called for a break at 3:58pm.
DS called the meeting back to order at 4:06pm.
SET THE NEXT MEETING’S AGENDA
Items to be placed on the next agenda:
• The dress code policy. Mr. Speno recommended the committee invite visitors to the discussion. He noted this was discussed during an administration retreat, and gender-equity reasons were part of the discussion. The current policy is poor and needs revision.
• H7, the Leadership Council policy.
• B2, B1, and C7. This should begin with moving these items to the Chairs of the WSESD and WSESU Boards. DS recommended using the VSBA and Mel Motel trainings to develop board members’ self-evaluations. Then the committee can discuss what did and did not work and evaluate policy afterward. This represents a temporary shift in addressing this policy. DS asked the committee members if they agree with this approach. All agreed.
• D1: Personnel-Recruitment, Selection, Appointment, and Background Checks
• G8: Local Action Plan, G1: Curriculum Development and Coordination, D4: Educator Supervision and Evaluation, and D2: Professional Development.
II. UPDATE OF BOARD ACTION ON 11/22 FOR 1ST READING (continued)
• F35: SCHOOL ANIMAL POLICY
DS said the committee had received feedback indicating concerns about the language used in the proposed policy, including that which warns of the dangers of animals transmitting diseases to humans without acknowledging how important animals are to us. She asked committee members if they should draft a policy statement. A discussion ensued.
Highlights included:
• WSESD Board member Shaun Murphy shared information he received from a staff member of the Bonnyvale Environmental Education Center about her comments. These included concerns about fomenting fear about non-human animals, especially endangered animals, such as bats.
• This policy does not have to include language about dangerous animals. It can just list the animals that are prohibited in schools, with exceptions to those prohibitions, such as when the animals are part of the curriculum or a special presentation.
• DS recommended the committee should eliminate statements in the policy mentioning “diseases and infections,” and, “acting aggressively.” All committee members agreed.
• Can this policy be rewritten?
• Ms. Nowakowski and AB provided a history of animal policies at the individual schools prior to the merger, and then the policies in the district after the merger.
• DS asked Ms. Nowakowski to rewrite the policy and present it at the next committee meeting.
• Discussion ensued on procedure.
• WSESD Board member Shaun Murphy shared information he received from a staff member of the Bonnyvale Environmental Education Center about her comments. These included concerns about fomenting fear about non-human animals, especially endangered animals, such as bats.
• This policy does not have to include language about dangerous animals. It can just list the animals that are prohibited in schools, with exceptions to those prohibitions, such as when the animals are part of the curriculum or a special presentation.
• DS recommended the committee should eliminate statements in the policy mentioning “diseases and infections,” and, “acting aggressively.” All committee members agreed.
• Can this policy be rewritten?
• Ms. Nowakowski and AB provided a history of animal policies at the individual schools prior to the merger, and then the policies in the district after the merger.
• DS asked Ms. Nowakowski to rewrite the policy and present it at the next committee meeting.
• Discussion ensued on procedure.
ADJOURN
DS adjourned the meeting at 4:36pm.
Documents presented:
• “Vermont State Board of Education Manual of Rules and Practices: Series 4500 – Use of Restraint and Seclusion in Schools.”
• “Vermont Agency of Education Rule 4500 Mandated Report Form (Revised: September 3, 2019).”
• “Vermont State Board of Education Manual of Rules and Practices: Series 4500 – Use of Restraint and Seclusion in Schools.”
• “Vermont Agency of Education Rule 4500 Mandated Report Form (Revised: September 3, 2019).”
Submitted by Wendy M. Levy from minutes taken by Wendy M. Levy
This represents my understanding of the above dated meeting. If you have any changes, please submit them at the next committee meeting.
