J - Students Part 4
JLCD - ADMINISTERING MEDICINES TO STUDENTS
The board discourages the administering of medicines on school premises. The parent should
confer with the licensed health care provider to allow for the student to receive all prescribed
doses at home, when possible. However, when the licensed health care provider deems
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medicating during the school day to be necessary for the pupil's health and attendance in
school, it may be done by the parent, or in accordance with this policy by the school nurse or
unlicensed (nonmedically licensed) staff as permitted by law.
The board disclaims any and all responsibility for the diagnosis of and prescribing of treatment
for any pupil. For purposes of this policy, "medication" shall include all medicines prescribed
by a licensed health care provider for a particular pupil. The medication is to be approved by
the Federal Drug Administration (FDA).
Before any medicine may be administered in school, the board requires the written request of
the parent/guardian which shall give informed consent for such administration (including that
unlicensed personnel may administer the medicine). This request shall be accompanied by the
written order for the medication required greater than three (3) weeks, or in the case of a less
than three (3) week prescription, the original labeled prescription bottle will suffice. Approval by
the school nurses, school physician and principal shall be required verifying compliance with
board policy and regulations and practicability of implementation.
Parent/guardian must be responsible for delivery of the medication in the original or
prescription container to the school. Only a limited, necessary supply can be kept in the
school. Medicine no longer required must be removed by the parent/guardian.
All medicine will be appropriately maintained and secured by the principal and the school
nurse. Teaching staff members may be provided with such information about the medication
and its administration as may be in the pupil's best interests.
The written order of a prescribing licensed health care provider for a prescribed medication
longer than three (3) weeks shall include (a) the diagnosis; (b) the dosage; (c) the time at
which or the special circumstances under which the medicine is to be administered; (d) the
length of time for which the medicine is prescribed -- no longer than for the current school
year; and (e) any possible side effects of the medication.
The school nurse or principal/designee shall maintain a record including the request, the
approvals, details of the dosage and timing of medication and a notation of each instance of
administration.
Students shall not be permitted to carry and self-administer prescription medicine in school
except under very special circumstances -- as requested and described by the student's
licensed health care provider and approved by the school nurse (such as in the case of a
responsible, adequately instructed asthmatic/allergic student given special permission to carry
an inhaler and self-medicate).
Legal Reference: Title 20A MRSA SEC. 254
Cross Reference: JLCDA - Authorization for the School Nurse's Performance
Adopted: March 20, 1996, Amended:February 3, 1999
JLCE - EMERGENCY CARE
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School personnel shall attempt to provide first aid care to the extent of their knowledge and
training to any student on school property or on an approved school trip, in the event of an
accident or sudden illness. First aid is that immediate help given by personnel at hand in case
of accidents or sudden illness.
Personnel shall take all reasonable steps to the extent of their knowledge and training to
provide emergency care and shall attempt to contact an ambulance to secure the speedy
transportation of student to hospital facilities. Any employee who in good faith provides
emergency care or assistance at the place of the emergency or accident will not be liable for
any civil damages for acts of omissions in good faith in accordance with the Good Samaritan
statute 20-A MRSA § 4009(4) which states: “Any non-licensed agent or employee of a school
or a school administrative unit who renders first aid, emergency care treatment or rescue
assistance to a student during a school program may not be held liable for injuries alleged to
have been sustained by the student or for the death of that student alleged to have occurred
as a result of the act or omission in rendering such aid, treatment or assistance. This
subsection does not apply to injuries or death caused willfully, wantonly or recklessly or by
gross negligence on the part of the agent or employee.”
The school’s obligation shall end upon the transfer of the student either to his or her
parent/guardian or to other health care professionals. Therefore, the parents/guardians of all
students will be asked to sign and submit an emergency medical authorization which will
indicate the procedure they wish the school to follow in the event of a medical emergency
involving their child.
Adopted: January 4, 1995
JLCF - ALLERGIES
Some students have severe allergies. Parents/guardians are expected to provide medical
information about their children with allergies. Parents/guardians and the staff will encourage
students with allergies to avoid the allergens as much as possible.
Parents/guardians will be requested to sign appropriate authorizations to allow communication
regarding such allergies between the school nurse and the student's physician. In the event
that a parent/guardian does not authorize such communication, the school nurse shall consult
with the school physician/consulting allergist in order to determine the appropriate protocol to
be followed.
In the event of a life threatening allergy, a team conference to develop an appropriate
Individual Health Plan (IHP) may be convened if the school nurse or the student's physician
deems it appropriate.
Adopted: August 3, 2005
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JLDBG - Reintegration Of Juveniles From Juvenile Correctional Facilities
M.S.A.D. #22 will comply with reintegration standards established by the Maine Department of
Education.
The Superintendent shall be responsible for determining whether a student will be accepted or
denied access to school based on compliance with the juvenile’s rehabilitation plan as it
affects reintegration. Access may be denied until the Superintendent is satisfied that
conditions have been met.
Legal Reference: 20-A MRSA §§ 254(12), 1055(12), 2902(10), 4502(5)(0), 6001-B(1),
6001-B(2), 6001-B(3-A) 15 MRSA § 3009
Adopted: March 17, 2004
JLF - Referral to Other Agencies
When, while acting in a professional capacity for M.S.A.D. #22, a teacher, guidance counselor,
school official, social worker, psychologist, registered or licensed practical nurse knows or has
reasonable cause to suspect that a child has been or is likely to be abused or neglected, that
person shall immediately report or cause a report to be made to the Department of Human
Services. (§ 4011)
The law further provides that any person required to report or to supply information concerning
a case of known or suspected child abuse or neglect who willfully fails to do so is guilty of a
Class B misdemeanor.
All employees of M.S.A.D. # 22 will cooperate to the fullest extent possible in the fulfillment of
this law. The superintendent will develop guidelines specifying the agency to contact and the
procedures to be followed.
Adopted: July 21, 1993
Recoded: January 7, 1998
JLIB - Student Dismissal Precautions
Students will be released only to parents, legal guardians, and other persons specifically
authorized in writing by parents/legal guardians. If the building principal/designee has reason
to question the authenticity of any written or verbal communication regarding the release of a
student, the parents/guardians shall be contacted for confirmation. The building
principal/designee has the authority to deny the release of students to unauthorized or
unknown persons.
The Superintendent of Schools is responsible for the development of regulations necessary to
implement this policy.
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Cross Reference: EBCA - Crisis Response Plan
JEA - Compulsory Attendance Ages
KI - Visitors to the Schools
Adopted: January 16, 2008
JLIE
STUDENT MOTORIZED VEHICLES
Students who drive motorized vehicles must obey all traffic safety and school
rules while on, entering, or leaving district property.
Violators may lose the privilege of bringing motorized vehicles to M.S.A.D. #22
property.
The Superintendent will develop regulations necessary to implement this policy.
Maine School Administrative District No. 22, Hampden, Maine
ADOPTED: April 15, 2009
JO - Employment of Students
Maine Law allows students to work under certain conditions. The Superintendent of Schools
may issue work permits in accordance with the law. Permits may be revoked if the conditions
of the work permit are not maintained.
Legal Reference: 26 MRSA §§ 664, 702, 704, 771, 773-775
Adopted: February 27, 2002
JQ - Student Fees, Fines, and Charges
Students are responsible for the proper care and use of school-owned property. Students who
lose or damage any school property (e.g. desks, chairs, equipment, computers) will be
required to pay for or contribute to the repair or replacement of such property.
SOURCE: Maine School Administrative District No. 22, Hampden, Maine
DATE: 7/10/68; Amended 5/6/98; Amended 1/5/05
LEGAL REF: Title 20, Ch. 513, Sections 3772, 3773 and 3774, Maine Revised Statutes
JRA (IABAB) - Student Education Records
I. PURPOSE
Students and parents shall have access to their official records with accurate file information.
These files are used only for legitimate educational purposes and are not released without the
written permission of the eligible student or parent except as permitted by law.
II. DEFINITIONS
1. “Act”: the Family Educational Rights and Privacy Act of 1974 or the Individuals with
Disabilities Education Act.
2. “Directory Information”: name of the student when participating in officially recognized
activities and sports, height and weight of student athletes and grade level in extra curricular
activities, date of attendance at MSAD #22 schools and honors and awards received.
3. “Eligible Student”: a student who has attained eighteen years of age, has not been judged
by a court of competent jurisdiction to be so severely impaired that he/she is unable to make
his/her own decisions or exercise judgment on his/her own behalf, or is attending an institution
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of post-secondary education.
4. “Parent”:
a. A biological or adoptive parent of the child;
b. A foster parent;
c. A guardian generally authorized to act as the child’s parent, or authorized to make
educational decisions for the child (but not the State if the child is a ward of the State);
d. An individual acting in the place of a biological or adoptive parent (including a grandparent,
stepparent, or other relative) with whom the child lives, or an individual who is legally
responsible for the child’s welfare; or
e. A surrogate parent who has been appointed in accordance with Sec. 300.519 or section
639(a)(5) of the Act. Except as provided in the paragraph below, the biological or adoptive
parent, when attempting to act as the parent under this part and when more than one party is
qualified under paragraphs A-E of this section to act as parent, must be presumed to be the
parent for purposes of this section unless the biological or adoptive parent does not have legal
authority to make educational decisions for the child. If a judicial decree or order identifies a
specific person or persons under paragraphs A through D of this section to act as the parent of
a child or to make educational decisions on behalf of a child, then such a person or persons
shall be determined to be the parent for purposes of this section. {34 CFR 300.30}
5. “Record”: any information or data recorded in any medium including, but not limited to,
handwriting, print, tapes, film, microfilm and microfiche, but excluding records of instructional,
supervisory and administrative personnel which are in the sole possession of the maker
thereof and which are not accessible or revealed to any other person except a substitute.
6. “School”: MSAD #22, and each school within the system.
7. “Student”: any individual for whom MSAD # 22 maintains education records.
8. “Destruction”: physical destruction or removal of personal identifiers from information so that
the information is no longer personally identifiable.
III. CONSENT
1. The parent has been fully informed of all information relevant to the activity for which
consent is sought, in the parent’s native language or other mode of communication; and
2. The parent understands and agrees in writing to the carrying out of the activity for which his
or her consent is sought, and the consent describes that activity and lists records (if any) that
will be released and to whom; and the parent understands that the granting of consent is
voluntary on the parent’s part and may be revoked at any time. If a parent revokes consent,
that revocation is not retroactive, (i.e., it does not negate an action that has occurred after the
consent was given and before the consent was revoked). {34 CFR 300.9}
IV. STUDENT RIGHTS
The rights accorded to and the consent required of the parent shall also transfer to the eligible
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student.
V. LIMITATIONS OF WAIVERS
A parent or an eligible student may waive any of his or her rights regarding confidentiality of
educational records as set forth in this policy and in the Act, but such a waiver shall not be
valid unless in writing and signed by the parent or eligible student as appropriate. The school
may not require that a parent or an eligible student waive his or her rights. A waiver of rights or
a revocation of waivers made by a parent or eligible student must be in writing.
VI. INSPECTION AND REVIEW OF EDUCATION RECORDS
Parents and eligible students may review and inspect their educational records by the
following:
1. The parent or eligible student must request in writing to review the records through the
Principal at each individual school.
2. The Principal shall meet with the parent or eligible student within 15 school days, but before
any meeting regarding an Individualized Educational Program or any hearing relating to the
identification evaluation or placement of the student pursuant to 34 CFR 300.507 or 300.530
through 300.532, or resolution session pursuant to 34 CFR 300.510, and in no case more than
45 calendar days after the request has been made.
3. The Principal will list the types and locations of all records, the titles and addresses of
officials responsible for those records, and the names and addresses of non-school personnel
who have received copies or reviewed the education records.
4. Access to records will be provided to the parent or eligible student. The school may request
proof of legal right to access records.
5. If any education record includes information on more than one child, the parent has the right
to inspect and review only the information relating to his/her child or to be informed of that
specific information. {34 CFR 300.615}
VII. COPIES OF EDUCATION RECORDS
The school shall provide copies of education records to parents or eligible students upon
request. Such record shall be provided within a reasonable time, and before any meeting
regarding an Individualized Educational Program or any hearing pursuant to 34 CFR 300.507
or 300.530 through 300.532, or resolution session pursuant to 34 CFR 300.510, and in no
case more than 45 calendar days after the written request has been made. The cost to the
parent or eligible student will be $.10 per page copied, plus postage if mailing is required.
However, this fee will not prohibit opportunity for access to the records if the parent or eligible
student is unable to pay for such. There will be no charge to search for or to retrieve the
education records of a student.{34 CFR 300.617}
VIII. ANNUAL NOTIFICATION OF RIGHTS
Each year parents or eligible students shall be provided with a summary of their rights and
informed of locations where copies of this policy statement may be obtained through any of
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the following:
1. Letter to each parent or eligible student within MSAD #22.
2. Publication of a policy summary in a school newspaper, newsletter, or handbook mailed to
each parent or eligible student.
IX. DISCLOSURE OF EDUCATION RECORDS
1. The confidentiality of student educational records shall be maintained pursuant to Maine law
and the Federal Family Educational Rights and Privacy Act (FERPA).
2. Directory information may be made public unless the parent or eligible student informs the
school in writing by July 1 for the upcoming year or within thirty (30) calendar days after
enrollment, whichever is later, that such personally identifiable information is not to be
designated as directory information with respect to that student. (34 CFR 300.627)
3. “Personal Identifiable Information”:
A. Personal identifiable information from the education records of a student shall not be
disclosed without prior written consent of the parent or eligible student. The written consent
shall include a specification of the records which may be disclosed, the purpose of the
disclosure, and the party or parties to whom the disclosure may be made.
B. Parental consent or the consent of an eligible student must be obtained before personally
identifiable information is released to the following:
i. Officials of participating agencies providing or paying for transition services;
ii. Officials of private schools not located within the district.
C. The school shall maintain a record of disclosures of personally identifiable information from
the education records of a student and shall permit a parent or eligible student to inspect that
record. Such record shall not include disclosures to the parent or eligible student, disclosures
pursuant to written consent, disclosures to school officials, or disclosures of directory
information.
4. “Exceptions to the Disclosure Requirement for Personal Identifiable Information”:
Personal identifiable information may be disclosed without written consent if the disclosure is
to:
A. State and local educational authorities, the Comptroller General, or the Secretary of the
U.S. Department of Education (including those acting for the Secretary) in connection with the
audit and evaluation of federal and state approved educational programs, and to state and
local educational authorities as required by state statute.
B. District officials and teachers who have legitimate educational interests.
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C. Officials of another school, school system, or institution of post-secondary education in
which the student seeks or intends to enroll.
D. Institutions to which the student has applied for or has received financial aid if the
information is necessary to determine the eligibility amount or conditions of the aid or to
enforce the terms or conditions of the aid.
E. Organizations conducting studies for, or on behalf of educational agencies or institutions,
including studies to develop, validate, or administer predictive tests.
F. Accrediting organizations for the purpose of carrying out their accrediting functions.
G. Parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of
1954.
H. Those as directed by a judicial order or lawfully issued subpoena, provided that reasonable
effort is made to protect the health or safety of the student or other individuals.
X. REQUEST TO AMEND EDUCATION RECORDS
1. Parents or an eligible student may request a correction of educational records. The district
shall, within fifteen (15) calendar days of receipt of the request, either amend the information
in accordance with the request or inform of its refusal and advise the parent of the opportunity
for a hearing.
2. If the request is denied, the district will inform the parent or eligible student the right to a
hearing, upon request under 34 CFR 300.619 {34 CFR 300.618}. The hearing shall be held
within thirty (30) calendar days from the time the district receives the request; and the parent
or the eligible student shall be given notice of the date, place, and time seven (7) calendar
days in advance of the hearing. The superintendent or designated representative (who does
not have a direct interest in the outcome of the hearing) shall conduct the hearing. The parent
or eligible student shall be afforded full and fair opportunity to present evidence relevant to the
issues and may be assisted or represented by individuals of his/her choice at his/her expense.
The district shall make its decision in writing within thirty (30) calendar days after the
conclusion of the hearing. The decision of the district shall be based solely upon evidence
presented at the hearing and shall include a summary of the evidence and reasons for the
decision.
3. If, as a result of the hearing, the district decides that the information is inaccurate,
misleading or otherwise in violation of the privacy or other rights of the student, it shall amend
the education records of the student accordingly and so inform the parent or eligible student in
writing.
4. If as a result of the hearing, there is no inaccurate or misleading information and no violation
of the privacy or other rights of the student, the parent or eligible student shall be informed of
the right to place in the education records a statement, commenting upon the information in
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the education records and/or setting forth any reasons for disagreeing with the decision of the
district.
5. Any explanation placed in the education record under the preceding paragraph shall be
maintained by the district as part of the education records as long as the record or contested
portion is maintained by the district, and if the education records or the contested portion is
disclosed by the district to any party, the explanation shall also be disclosed to that party. {34
CFR 300.620}
XI. LIMITATION OF DESTRUCTION OF EDUCATION RECORDS
The district may destroy parts of an education record no longer deemed useful, subject to the
following exceptions:
1. The school may not destroy any education record if there is any outstanding request to
inspect or review such records.
2. The record of access shall be retained for as long as the education record is maintained.
3. When educational records of students identified as needing special education services are
no longer needed, the school shall inform the parents or elligible student that the records shall
be destroyed or turned over upon request.
4. For students identified as needing special educaation services, a permanent record of
name, address, phone number, grades, attendance record, classes attended, and grade and
year completed shall be maintained without time limitations. {34 CFR 300.624}
XII. COMPLAINT PROCEDURE
The Secretary of the United States Department of Education maintains an office that will
investigate, process and review complaints concerning alleged violations of the provisions of
the Act. Complaints regarding violation of rights accorded parents and eligible students may
be submitted in writing to the following address:
The Family Educational Rights and Privacy Act office (FERPA)
Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202
Adopted: January 2, 2008
References:
34CFR 300.611(b), 300.618-620, 300.622, 300.624, 300.627 (Oct 13, 2006)
MSER XIV (Aug 3, 2007)
The Family Educational Rights and Privacy Act (FERPA)
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