East Windsor Public Schools
Board of Education Policies

Business      Series 3000

3000
Business/Non-Instructional Operations

Concept and Roles in Business and Non-Instructional Operations

The Board of Education recognizes that finances and financial management are critical to the support of the whole school program. To make that support as effective as possible, the Board of Education shall:

1. Encourage advance planning through the best possible budget procedures.

2. Explore all practical sources of financial support.

3. Guide the expenditure of funds so as to extract the greatest educational returns.

4. Establish top quality accounting and reporting procedures.

5. Maintain the level of unit expenditure needed to provide high quality education within the ability of the community to pay.

Non Instructional Operations

The operation and maintenance of school plant and equipment shall set high standards of safety, to promote the health of students and staff, to reflect prudent management of available resources and to support environmentally the efforts of the staff to provide a good education.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3010
Goals and Objectives

The Board of Education recognizes excellent fiscal planning as a key factor in attaining the district's educational goals and priorities. The Board shall:

1. engage in thorough advance planning of budgets;

2 explore all appropriate sources of revenue;

3. manage expenditures so as to achieve the greatest educational returns given the district's available resources; and

4. expect the highest standards in accounting and reporting procedures.

Budget planning is a cooperative process and should involve administrative staff, professional staff, employee associations, community organizations and the Board.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3111
Fiscal Year

The fiscal year shall commence July first and end June thirtieth.

Legal Reference: Connecticut General Statutes

10 51 Fiscal year. Budget.

10 222 Appropriations and budget. Financial information system.

10-259 Fiscal and school year defined.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3130
Publication

Delivery to Fiscal Authority

The Board of Education will present an itemized estimated cost for the maintenance of the public schools to the fiscal authority not later than February 15th of each year.

Legal Reference: Connecticut General Statute

10 222 Appropriations and budget.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3152
Spending Public Funds for Advocacy

1. Spending Public Funds to Inform Citizens Regarding Referenda

Section 9-369b, Connecticut General Statutes is the exclusive method by which a municipality may expend public funds for printing and distribution of information concerning a referendum question. It sets forth the following conditions for such expenditure:

a. A vote of the municipality’s legislative body is needed to authorize the “explanatory text”;

b. The preparation of the text must be made by the municipal clerk and approved by the municipal attorney;

c. The text shall specify the intent and purpose of each referendum or question; and

d. Such test shall not advocate either the approval or the disapproval of the referendum proposal or question.

2. Expenditure of Public Funds for Advocacy Prohibited

With two exceptions discussed below, no expenditure of state or municipal funds can be made to influence any person to vote for approval or disapproval of any referendum question. The ban applies when a referendum is scheduled.

3. Pro-Con Summaries

By ordinance, a municipality may provide for the preparation and printing of concise summaries of arguments in favor of an opposed to a referendum question for which an explanatory test is prepared under Section 9-369b(a). The ordinance must provide for a committee to prepare these summaries. Other conditions for this exception are specified in Section 9-369(c).

4. Press Releases and Constituent Responses Permitted

The other exception is that an official can express his/her views on pending referendum at a bona fide news conference, and may use public funds, facilities, and supplies to prepare a press release to be disseminated at the conference. Also, an official may use public funds, facilities and supplies to respond to a constituent request for information concerning the referendum, including the official’s views. The exception is lost however, if the official responds to the citizen’s request with the knowledge that the response will be disseminated to others in the community.

5. Children in School as Couriers

Children in school may not be used as couriers of information that advocates a position on a referendum. A notice limited to the time, place and question to be voted upon may be sent home to parents via children in school.

6. Use of School Teachers, Administrators, Facilities, Supplies, and Equipment Prohibited

The prohibition on expenditure applies to the use of school facilities, supplies, and equipment and postal permits to advocate a position on a referendum. For example, parent teacher organizations and school administrators may not use school equipment to prepare or copy advocacy material even if the town, regional district or school system is reimbursed for such use. This prohibition also extends to the use of a school’s public address system to advocate position on a referendum to students while actually on duty.

7. Use of School Facilities by Outside Political Committees and Organizations for Meetings or Rallies

School facilities may not be used by political committees or party committees for the purpose of advocating a position on a referendum unless such facilities are accessible to all such committees on a non discriminatory basis. The use of school facilities by such committees for which a charge is made may be provided to such committees for the same charge in conformance with a policy which is pre-existing and established by the respective school Board or Superintendent.

8. What Constitutes Advocacy?

A communication advocates a position on a referendum when in part, or taken as a whole, it urges the listener or render to vote in a particular manner. The style, tenor, and timing of a communication are factors which are considered by the Commission when reviewing alleged improprieties of Section 9-369b.

9. Civil Penalties for Violations

The State Elections Enforcement Commission may impose a civil penalty against any official who violates Section 9-369b(a), in an amount not exceeding twice the amount of the improper expenditure or $1,000, whichever is greater. The official is personally liable for the penalty and cannot be reimbursed or indemnified by the state or municipality for payment of a civil penalty.

10. Political Committees to Promote Referenda

Under Chapter 150 of the General Statutes, public officials and citizens alike may freely advocate their views on a referenda by registering a political committee with the clerk of the municipality in which the referendum is to be held. That political committee is then permitted to receive and expend private funds to promote the success or defeat to a referendum question. If less than $500 is expected to be collected or spent, a group may file a certification of exemption in lieu of registering a political committee.

11. Independent Personal Expenditures

Any citizen or public official may independently (acting alone) make expenditures of his/her own funds to promote the success of a referendum question without forming a political committee in conformance with Chapter 150, Connecticut General Statutes.

Legal Reference: Connecticut General Statutes

9-369b. Explanatory text related to lead question. Expenditures of state and municipal funds to influence vote prohibited. Exception. Civil penalty.

Regulation approved: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3170
Budget Administration/Transfers

The Board of Education, in its discretion, shall expend funds appropriated to it for the operation and maintenance of the schools and their educational programs. The Superintendent of Schools shall direct budget expenditures and budget management, shall develop regular and timely expenditure projections, and shall keep the Board of Education informed of the status of the budget.

No financial expenditure which exceeds the approved budget total shall be made. The Superintendent shall expend budgetary funds as close to original administrative planning and Board approval as feasible and shall establish controls and procedure for all budget expenditures. The Board of Education shall be notified in advance, when possible, of projected over-expenditures in major account* categories along with the Superintendent’s plan for balancing over-expenditures through transfers between major accounts. Required transfers to balance actual or projected over-expenditures of any budget accounts will be made as necessary by the Superintendent of Schools and provided in the financial packet for the regular monthly meetings of the Board of Education.

To assist the Board in carrying out its fiscal and general district responsibilities, the Superintendent of Schools shall prepare monthly financial statements and shall include in a monthly financial package to the Board:

1. Amounts budgeted;

2. Amounts expended and encumbered;

3. Transfers, if any, made to balance accounts and reasons for overexpenditures made;

4. List of bills paid;

5. Bids awarded under the Superintendent’s authority;

6. Other financial reports requested by the Board, or which the Superintendent believes should be provided.

Budget Administration

The Superintendent may, if necessary in emergency circumstances, make appropriate expenditures for unbudgeted items or services to protect the health, welfare, or safety of students or staff, or to safeguard against facilities damage; at the first available opportunity, the Superintendent shall:

1. advise the Board of such administrative actions;

2. identify budget areas from which equivalent funds have been transferred;

3. request, if necessary, that the Board seek a supplementary appropriation at a special meeting.

Legal Reference: Connecticut General Statutes

10 51 Fiscal year. Budget. Payments by member towns; adjustments to payments. Investment of funds. Temporary borrowing. Reserve fund.

10 222 Appropriations and budget. Financial information system.

* Major accounts are: 100, Salaries; 200, Employee Benefits; 300, Purchased Services; 400, Utilities & Services; 500, Services, Transportation and Tuition; 600, Supplies and Materials; 700, Capital Outlay; 800, Dues and Fees

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3200
Income

Introduction

Reimbursement funds for the East Windsor Public Schools from the State of Connecticut and other sources are usually made payable to the Town of East Windsor and sent directly to the town treasurer who is responsible for their deposit.

Funds received from the State Department of Education for the School Lunch Program and other similar checks that are made payable to the East Windsor Public Schools are addressed to the Business Office.

Procedure for Receipt of Funds

When checks made out to the East Windsor Public Schools are received in the Business Office, they will be deposited in the appropriate bank account within one business day of their receipt by the Director of Support Services or his/her designee. The Director of Support Services or his/her designee will verify all such deposits on the next bank statement received following the deposits. The bank statements will be initialed by the appropriate employee and kept on file for one (1) year following the audit of such funds.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3231
Medical Reimbursement for Special Education Students

The Board of Education will seek Medicaid reimbursement for eligible medically related services provided to Medicaid eligible special education students in accordance with federal and state law.

Legal Reference: Connecticut General Statutes

10-76d Duties and powers of boards of education to provide special education programs and services. State agency placements; apportionment of costs. (as amended by P.A. 99-279 An Act Concerning Programs and Modifications Necessary to Implement the Budget Relative to the Department of Social Services.)

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3240
Tuition Fees

Introduction

In an effort to increase cost effectiveness in the operation of regular education and special education programs, the Board of Education supports, in concept, the acceptance of non-resident students into the East Windsor Public Schools. Accordingly, the Superintendent of Schools is authorized to accept non-resident students into the school system on a tuition basis. Such decisions shall be made pursuant to criteria listed in Board Policy #5118.

Calculating Tuition Payments

When a student is accepted into a regular education program, the tuition cost shall be based upon the average per pupil cost of such instruction for the previous school year, as determined by the Connecticut State Department of Education.

When a student is accepted into a special education program, the tuition cost shall be based upon the current average per student cost of the specific program to which the student is assigned, as determined by the Superintendent of Schools, or his/her designee. In cases where an East Windsor student is attending the sending school system on a tuition basis the administration is authorized to negotiate the tuition cost of the non-resident student and the East Windsor student.

When students are accepted at the request of a parent or guardian, payment shall be made in two (2) equal payments, the first payment to be made prior to the start of classes, and the second prior to the start of the second semester in January. Special arrangements may be made and payments prorated for students who enter after the school year has started.

When a student is accepted at the request of a public school system, payment shall be made by June 15 of the year in which the student attended an East Windsor school.

Legal Reference: Connecticut General Statutes

10-33 Tuition in towns in which no high school is maintained.

10-35 Notice of discontinuance of high school service to nonresidents.

10-55 Pupils to attend regional school.

10-220 Duties of boards of education.

10-253 School privileges for children in certain placements, nonresident children and children in temporary shelters.

10-266 Reimbursement for education of pupils residing in state property.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3250
Materials/Service Fees, Charges

In accord with Connecticut General Statutes' requirement to provide a free public school education the Board of Education will provide at no cost to students all instructional equipment, books and materials as it deems necessary, needed to maintain the desired instructional program subject to reasonable rules concerning their care and use. No fees, deposits or other charges not specifically outlined in an approved student handbook, course guide, or parent handbook shall be levied.

Students shall be charged for damaged or lost textbooks, library/media materials and other educational equipment or materials. Fines and assessments shall be levied, collected and disbursed subject to regulation by the building Principal. The schools are authorized to withhold transcripts, grades, diplomas or report cards until payment for a return of the textbook, library/media, or other educational equipment or material is made.

The Superintendent of Schools or his/her designee shall yearly review fees established for all equipment and facility rentals, admissions to athletic or extracurricular events, and other fees that may be assessed.

Copies of Records

Any person who applies in writing shall receive a plain or certified copy of any public record. The maximum fee per page allowable under the Connecticut Freedom of Information Act will be charged.

Legal Reference: Connecticut General Statutes

1-15 Application for copies of public records

10-221 Boards of education to prescribe rules

10-228 Free textbooks, supplies, material and equipment

10-228a Free textbooks, supplies, material and equipment

10-229 Change of textbooks

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3280
Gifts, Grants and Bequests

Gifts to the School System or Individual Schools

A. Introduction

Gifts of equipment, supplies, services, cash or monetary value which may enhance or enrich the work of the schools or its programs may be accepted by the school system.

B. Procedure

The Superintendent is authorized to make decisions regarding the acceptance or rejection of gifts to the school system or individual schools.

Legal Reference: Connecticut General Statutes

7 194 Powers.

10 9 Bequests for educational purposes.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

Gifts, Grants and Bequests

Any gift presented to the school district must be accompanied by a letter from the donor identifying the subject and purpose of the gift and any restrictions that may apply for official action and recognition by the Board of Education.

To be accepted, a gift must satisfy the following criteria:

1. Have a purpose consistent with those of the school district.

2. Be offered by a donor acceptable to the Board of Education.

3. Will not add to staff load.

4. Will not begin a program which the Board of Education would be unwilling to take over when the gift or grant funds are exhausted.

5. Would not bring undesirable or hidden costs to the school district.

6. Will place no restrictions on the school program.

7. Will be suitable for use in meeting the instructional needs of the school, if the gift is technology material, such as computers and/or software.

8. Will not be inappropriate or harmful to the best education of students.

9. Will not imply endorsement of any business or product.

10. Will not be in conflict with any provision of the school code or public law.

11. The value of the gift (monetary) will be determined by the district.

All gifts, grants and bequests shall become school district property.

A letter of appreciation shall be sent to a donor.

Any gift rejected shall be returned to the donor or the donor's estate within 60 days, with a statement indicating the reason for rejection of such gift.

Regulation approved: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3293.1
Authorization of Signature

The Superintendent and/or the Director of Support Services, individually or jointly as may be required, are hereby authorized to execute agreements, to apply for grants or to sign other documents as may be necessary in the normal course of the school system’s business, including documents that support the adopted budget or that implement the Board’s established policies or programs. This authorization does not extend to those agreements or other documents which require specific, formal approval of the Board of Education and/or the signature of the Board Chairman or other officer of the Board of Education.

To comply with regulations of the State Department of Education, the Board of Education will annually renew this authority, designating by name the individuals holding the positions of Superintendent and Director of Support Services who are so authorized.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3313
Relations with Vendors

The school district shall not extend favoritism to any vendors. Each order shall be placed on the basis of quality, price and delivery with past service being a factor if all other considerations are equal.

Conflicts of Interest and Endorsements

The district will not purchase supplies or materials from a staff member of the school district, nor from a member of the household of the staff member unless the purchase follows the formal purchasing procedures.

Employees of the district will not endorse products or services in such a manner that will identify him/her as an employee of the district.

Affirmative Action

The school district shall not enter into any contract with a person, agency, or organization if it has knowledge that such person, agency or organization discriminates on the basis of race, color, religious creed, age, marital status, national origin, sex, sexual orientation, or physical handicap or disability, either in employment practices or in the provision of benefits or services to students or employees.

Legal Reference: Connecticut General Statutes

46a 58 through 46a 81 re discriminatory practices

Title VII, Civil Rights Act, 42 U.S.C. 2000e et seq. as amended by Title IX, Equal Employment Opportunity Act

Title IX of the Education Amendments of 1972; 42 U.S.C. 1134n et seq. (Higher Education Act)

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3323
Purchasing Procedures

Soliciting Prices (Bids and Quotations)

A. Introduction

The Superintendent of Schools, or his/her designee, is authorized to purchase all goods and services for the East Windsor Public School System. He/she shall be responsible for developing and administering the purchasing program of the Board of Education.

B. Procedure

1. For any school expenditure, which may be made within the limits of the major classifications of the approved budget the Superintendent of Schools may approve and direct purchases not to exceed $2,500 for any one expenditure.

2. Approval of the budget authorizes the Superintendent to approve and direct purchases exceeding $2,500 for any one expenditure, providing the item is specifically listed in the budget.

3. All purchases greater than $2,500 but less than $10,000 for any one expenditure will be made in the open market, but shall be based on at least two competitive quotations or prices. All purchases made in the open market shall be consummated after careful review.

4. All purchases of supplies, materials, equipment, contractual services, etc., in excess of $10,000 including a continuing order or contract for the purchase of the same commodity over a period of time shall be based on competitive sealed bids or proposals. The Superintendent or his/her designee shall award the purchase or contract to the lowest responsible bidder thereon or may reject portions of or all such bids or proposals. At the final meeting in June, or at other appropriate times, the Board of Education may permit the Superintendent or his/her designee to waive the bid/proposal requirement when the bid process would be against the best interest of the school system.

5. No purchase will be made without an authorized pre-numbered purchase order. Purchase order numbering and control shall be exercised in accordance with administrative regulation #3323.

Purchasing Procedures

6. The Superintendent of Schools may, at his/her discretion, utilize other governmental agencies’ bid awards in complying with this policy.

7. The Superintendent of Schools shall inform the Board, in a timely manner, of the awarding of all competitive bids that have been made by the Superintendent or his/her designee.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

1. Phase 1 - Distribution of Purchase Orders and Record Keeping

A. Each location Administrator will be allotted a reasonable amount of purchase orders as often as necessary.

B. Purchase orders should be utilized in the numerical sequence in which they are distributed.

C. Purchase orders filled out in error, or canceled by an administrator, shall be voided at the location, with this indicated on the voided P.O. Voided purchase orders must be submitted to the Business Office for the void record which will be filed in the closed P.O. file.

2. Phase 2 - Purchase Requisitions shall be completely filled out, including all required Budget Coding Information.

A. The requesting agent, (teacher, clerk, custodian, nurse, etc.), shall present such request upon the purchase requisition form to the building Administrator for his/her approval.

B. The purchase requisition must include the following:

(1) Item and number requested.
(2) Unit item (i.e. per dozen, per 100, etc.)
(3) Description of item.
(4) Catalog or list cost of the item.
(5) Appropriate vendor with address.
(6) Appropriate budget code number.

C. The location Administrator, if he/she approves the order, shall verify the code number and also verify that there is ample funding for orders via budget printout. He/she also must verify its being budgeted or its necessity. His/her approval is indicated by his/her signature on the requisition.

3. Phase 3 - Purchase Orders are to completely filled out at the school after Phase 2 has been completed.

A. The purchase order must be typed or entered electronically and include all the information categorized in Phase 2, item B.

B. The Administrator or designee must approve of the purchase order (this is a re-approval of the requisition).

(1) The Administrator's approval signature must appear in the box marked "Requested by" located on the lower right hand portion of the purchase order.
(2) In special areas, the authorized administrative person in charge could perform this function.
(3) The location Administrator or administrator is responsible for seeing to it that orders do not exceed budget allocation for his/her school by line item including transportation.

C. Administrator/administrator must maintain record of the order (this may be done with the requisition.)

D. The order should be complete with four copies and carbons left intact. The fifth copy (yellow) is retained by the school.

4. Phase 4 - Purchase Orders Received at the Business Office

A. Purchase order is scrutinized to insure the form is properly completed with appropriate signature (if it is in error, it will be returned to the requester.)

B. Funding verification is made via computer system. If insufficient funds are present, the purchase order will be returned to the requester.

C. Purchase order is then forwarded to the Business Manager or Superintendent for review and final approval.

D. If there are any significant adjustments to be made in price, or change in product specifications, the Business Manager or his/her designee will notify the appropriate administrator on how to proceed.

E. If no beneficial adjustments are necessary, the Director of Support Services approves the purchase order by affixing his/her signature to the document.

F. Purchase order is logged into the computer system.

G. Distribution of the five (5) part purchase order is as follows:

(1) Page 1 is given to the vendor.
(2) Page 2 (yellow) is retained by the school.
(3) Page 3 (pink) shall be placed in a numerical file.
(4) Page 4 (gold) shall be filed alphabetically with all pertinent correspondence.
(5) Page 5 (green) shall be sent to the requesting Administrator who shall, upon receipt of goods and/or service sign it, certifying acceptance of the goods and/or service sign it, certifying acceptance of the goods and/or service.

5. Phase 5 - Receipt of Order by Requesting School

A. When shipment arrives, the Administrator will check and verify contents against the original copy of the purchase order.

(1) When the order is complete, he/she will write complete, with signature, and attach the packing slip(s) to the copy of the P.O. and send it to the Business Office for payment.
(2) When the order is incomplete the Administrator will check off and initial those items that have arrived. He/she should hold this purchase order and packing slip until the balance of the order is shipped, and then forward the information to the Business Office, a recommendation for payment.
(3) If the remaining portion of the order is not filled within ninety (90) days then the remaining portion of the unfilled order should be canceled with a letter from the Administrator to the vendor. A copy of such cancellation notice shall be maintained by the Administrator and a copy forwarded to the Business Office with the purchase order and packing slip to indicate recommendation of payment for items received. (The Administrator may re-order these items if he/she wishes.)
(4) If anything is received damaged it should be noted on the purchase order and packing slip sent to the Business Office. The Administrator should contact the trucking company when damage occurs and receive the proper credits or adjustments.

B. The green copy should be returned to the Business Office as soon as possible after receiving the order.

6. Phase 6 - Receipt of Invoice and Purchase Order, Copy with Packing Slip from Administrator

A. Upon receipt of the invoice from the vendor and certification receipt of goods and/or services from the building Administrator, the purchase order copies shall be matched and made ready for payment.

(1) When paid the encumbrance record is credited and the expenditure record is debited by the amount.

B. Upon acceptance for payment, checks will be produced by computer and signed by check signer.

(1) Upon payment to the vendor, page 5 (green), shall be refiled alphabetically with the invoice and all other pertinent information.
(2) Page 3 (pink) is already filed numerically - nothing happens.
(3) Page 4 (gold) shall be forwarded to the requesting Administrator with an indication of amount of payment and as confirmation to payment.
(4) In the case of items eligible for reimbursement from federal funds, page 5 (green) shall be forwarded to the appropriate authority as evidence of purchase.

7. Phase 7 - Bills

A. Regular monthly bills shall be included on purchase orders at the .

(1) The appropriate account numbers will be included for such items as utilities, insurance, services, etc.
(2) Installment payments on services shall be made out on one purchase order with the monthly payments listed of the entire year, this way the entire amount will be encumbered and such encumbrance will be reduced by each payment that is made. Each payment will be made against this one purchase order indicating payment against the appropriate installment. (Expenditure is debited and encumbrance is credited.)

8. Phase 8 - Maintenance, Repairs & Petty Cash

A. When an emergency situation arises whereby a purchase of materials or services is required immediately, the Administrator shall authorize such purchase to remedy the situation.

(1) The Superintendent or Director of Support Services should be notified as soon as possible of such situation, preferably prior to such authorization if possible.
(2) The building Administrator shall then complete the required purchase order with costs as soon as possible in conformance with Phase 2 of these regulations and submit it immediately to the Business Office indicating on the purchase order that it was an emergency purchase.

B. The Petty Cash fund for each school shall be Senior High School, $600; Junior High School, $300; Intermediate School, $300; Broad Brook School, $300.

(1) Petty cash shall be utilized for small items which are purchased on a day to day basis which do not warrant the use of the involved purchase procedure.
(2) It shall be used primarily for unexpected purchases which become necessary for day to day operations including maintenance items.
(3) The Administrator shall have authority over this fund and distribute the funds as necessary and request appropriate receipts for purchases made.
(4) When the fund is nearly depleted, the Administrator shall request reimbursement by completing a purchase order with all receipts attached and appropriate account numbers for all such purchases followed by the dollar amounts charged to each account. (Phase 3 through Phase 6 of these regulations shall apply to requests for such reimbursement).

9. Phase 9 - Requisition usage shall be limited to goods or services which are to be bid or quoted.

A. Requisitions shall be forwarded to the Business Office in the same fashion as purchase orders in Phase 3. (Substitute "requisitions" for the word "order" in this phase).

B. Requisitions shall be utilized if the nature of the commodity or service permits effective competitive pricing, and if possible, feasible and to the advantage of East Windsor.

Regulation approved: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3324.1
Contracts

All contracts between the district and outside agencies shall conform to prescribed standards as required by law.

All contracts between the district and outside agencies shall be prepared under the supervision of the Superintendent or designee, and where appropriate, subject to approval of the legal adviser to the district.

Affirmative Action

The school district shall not enter into any contract with a person, agency, or organization if it has knowledge that such person, agency or organization discriminates on the basis of race, color, religious creed, age, marital status, national origin, sex, sexual orientation, or physical handicap or disability, either in employment practices or in the provision of benefits or services to students or employees.

Legal Reference: Title VII, Civil Rights Act, 42 U.S.C. 2000e et seq. as amended by Title IX, Equal Employment Opportunity Act

Title IX of the Education Amendments of 1972; 42 U.S.C. 1134n et seq. (Higher Education Act)

Connecticut General Statutes
Regulation approved: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3326
Paying for Goods and Services

The Board of Education will authorize payment for goods and services under the following conditions:

1. Contracted for within budgetary limits.

2. Purchased according to relevant purchasing policies and regulations.

3. Certified by the Director of Support Services as having been received in acceptable condition.

4. The Superintendent, or his/her designee, shall be authorized to approve payment of a current obligation when such payment will offer the school system a discount or reduce the normal billing.

5. In general, no financial obligations are paid until approved by the Board of Education Finance Committee.

6. A report of these expenditures shall be made at the regular meetings of the Board.

Legal Reference: Connecticut General Statutes

10 248 Payment of school expenses.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3432
3433
Budget & Expense Report/Annual Financial Statement

The Superintendent of Schools shall submit to the Board of Education a monthly report of disbursements and budget balances at the regular meeting each month, and shall submit an annual report covering the preceding school year.

Legal Reference: Connecticut General Statutes

10 222 Appropriations and budget.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3434
Periodic Audit

An audit of all accounts of the school district shall be provided for by the municipality in conjunction with the audit of the municipality's accounts and shall be made annually by an independent public accountant selected by the Board of Education on recommendation of the Superintendent and approved by the Secretary of the Office of Policy and Management.

The audit shall include all funds of the district, including the student body and cafeteria funds and accounts, and any other funds under the control or jurisdiction of the Board of Education, or pursuant to a joint powers agreement. The audit shall identify all expenditures by source of funds, and shall contain (1) a statement that the audit was conducted pursuant to standards and procedures approved by the State of Connecticut and (2) a summary of audit exceptions and management recommendations.

The annual audit shall be placed on the agenda of the Board of Education at a regularly scheduled public meeting and shall be reviewed by the Board of Education.

Legal Reference: Connecticut General Statutes

7 392 Making of Audits.

7 393 Working papers of accountant; preservation for inspection.

10 260a Auditing of state grants for public education.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3450
Monies in School Buildings

Monies collected by school district employees and by student organizations shall be handled with good and prudent business procedures both to demonstrate the ability of school system employees to operate in that fashion, and to teach such procedures to the students.

All monies collected shall be receipted and accounted for and directed without delay.

In no case shall monies be left overnight in schools except in safes. All activity funds shall provide for making bank deposits after regular banking hours in order to avoid leaving money in school overnight.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3451
Petty Cash Funds

Petty cash funds shall be established annually in the amount of $500.00 for the administrative office. Such funds shall be used for the payment of properly itemized bills of nominal amounts and under conditions calling for immediate payment.

Allowances, responsibility, security and accounting of petty cash funds shall be in accordance with regulations of the Board.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3453
School Activity Fund

Funds Management

Guidelines and regulations governing all aspects of school district fund raising activities are set forth in this regulation.

Each school may maintain student activity funds which shall be administered in keeping with the following policies:

1. Student activity funds shall be expended for the direct benefit of students. In addition to student activity funds, other holding accounts may be established by the Administrator as the Administrator sees fit and expenditures may be made for the specific purpose for which the fund was established.

2. The Administrator of each school shall establish and be the custodian of said accounts; however, the Superintendent shall be made knowledgeable of all accounts under these guidelines in the several schools of the district. This shall be accomplished via an established procedure as set up by the Director of Support Services to whom monthly reports shall be filed.

3. All activities should remain solvent within themselves in order to continue; however, existing deficits shall be balanced as soon as possible. Adjustments may be made by the Administrator to balance accounts at any given time but no more than 10% may be transferred from one account to another account.

4. Checks will be drawn on approved vouchers only. The voucher should be signed by the sponsor of the activity and the activity fund bookkeeper. Checks shall be drawn on approved vouchers and signed by the Administrator as custodian of the funds or authorized designee. One signature is sufficient. No person shall sign checks whose signature is not on file at the bank.

5. No salary for instructional or coaching personnel (athletic or non athletic) shall be paid from activity accounts.

6. All funds shall be subject to at least an annual audit by a certified auditing firm.

(cf. 1324 Solicitation of Funds from and by Students)
(cf. 6145.8 Activity Funds Management)

Regulation approved: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3511
Compliance with 504 Regulations

Policy:

It is the policy of the East Windsor School System to comply with all aspects of the Section 504 regulations of the Rehabilitation Act of 1973. Section 504 prevents discrimination on the basis of disability in programs and activities operated by the school system.

No otherwise qualified individual with disabilities shall, solely by reason of her or his disability, as defined in Section 706(8) of the Rehabilitation Act, be denied the benefits of, or be subjected to discrimination under any program or activity conducted by the East Windsor School System.

The district has a responsibility to follow the procedural requirements of Section 504 to afford each student a free, appropriate education, which includes procedures for pre-placement evaluation, placement procedures and procedural safeguards. Additionally, Section 504 addresses placement in the LRE for both academic and nonacademic settings. The district also recognizes that there may be some impaired students who are not eligible for Special Education services under IDEA but who are still defined as disabled and eligible for services and protection from discrimination under the Section 504 definitions and regulations.

In order to ensure that the East Windsor School System does not discriminate in providing equal access to programs and services on the basis of disability, the following definitions, requirements and procedures are provided.

Definitions:

Disabled Person means any person who has (i) a physical or mental impairment which substantially limits one or more major life activity, (ii) has a record of such an impairment, (iii) is regarded as having such an impairment.

Physical or Mental Impairment means (i) any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more body system; (ii) any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific reaming disabilities.

Major Life Activity means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Appropriate Education means the provision of regular or special education and related aids and services that are designed to meet the individual educational needs of disabled persons as adequately as the needs of non-disabled persons. Implementation of an individualized education plan developed in accordance with the Individuals With Disabilities Act is one means of meeting this standard.


Committee of Knowledgeable People means persons knowledgeable about the child, the meaning of evaluation data, and programming options. (A properly constituted Planning and Placement Team, Plan for Alternative Strategies (PAS) Team, or 504 Team Meeting)

Requirements:

1. That East Windsor Public Schools annually locate and identify qualified persons with disabilities residing in the district who are not receiving a public education.

2. Notification of the school system's legal requirements is provided to disabled persons and their parents or guardians.

3. Provision of educational services in a setting with persons who are not disabled, to the maximum extent appropriate to the needs of the disabled person. The school system shall make reasonable accommodations to allow a disabled person placed in the regular education environment unless it is demonstrated that the education of the person in the regular environment with the use of supplementary aids and services, cannot be achieved satisfactorily.

4. Provide pre-placement evaluation consistent with that required under IDEA.

5. Ensure that placement decisions are carefully considered by a group of persons knowledgeable about the child, the meaning of the evaluation data and program options.

6. Provide periodic reevaluation of students found eligible for services.

7. Develop procedural safeguards consistent with that required under IDEA.

8. Ensure access to non-academic and extracurricular services and activities in such a manner as to afford disabled students an opportunity for participation in such services and activities. The 504 Committee shall consider the impact of any modifications on other non-disabled classmates.

9. Ensure the availability of procedures for filing a grievance with the school district over an alleged violation of Section 504 regulations.

10. Identify at least one person to coordinate compliance and identification procedures.

Procedures:

1. Identification and Notification: The Office of Special Services annually conducts child find activities to identify any person between the ages of 0 21 who is, or may be in need of special services. Notification is accomplished by communication through the media, direct mailing to social service agencies and dissemination to staff. (See Form #1 for Notification forms - Broad Brook School, Intermediate School, Junior and Senior High Schools)

2. Least Restrictive Environment: Each PPT, PAS or 504 Committee of Knowledgeable People is aware of the district practice to ensure students are educated with their non-disabled peers as often as possible and in the most appropriate way. All programs are developed with this requirement in mind. (See Appendix 4 - Manifestation Determination)

3. Evaluation: Referrals for evaluation are made by the Planning and Placement Team (PPT). All statutory requirements for evaluation are adhered to closely. The evaluation period will be the same as for referrals under IDEA (45 days).

4. Placement/Program Development: Each PPT will reconvene at the conclusion of the evaluation to consider evaluation results, determine eligibility and develop appropriate programming. A written service plan is developed and maintained by the primary service provider. The plan is reviewed and/or updated throughout the school year as the child's needs warrant. All students who have undergone special education evaluations are automatically considered for eligibility under Section 504, i.e. for students who are not eligible for Special Education under IDEA, the PPT may consider eligibility under Section 504. Discussions of eligibility must be included in the record of the PPT meeting, including clearly delineated recommendations. (See Form 2 for Section 504 Service Plan and Form 3 for Procedural Safeguards.)

5. Periodic Reevaluation: All students receiving services under Section 504 are reevaluated at least every three years following procedures promulgated under IDEA.

6. The Director of Instruction will be identified as the 504 Coordinator for the East Windsor School System. Building coordinators will convene PPT and/or 504 meetings to address referrals and make recommendations regarding eligibility and servicing.

7. Grievance Procedures: Students, parents or other individuals in the school district may register complaints regarding accessibility and other 504 regulations through the grievance procedures noted in the Procedural Safeguards. (Form 3)

(cf. - 5145 - Statement of Non-Discrimination)

Legal Reference: Connecticut General Statutes

10-15c Discrimination in public schools prohibited

Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et. seq.

Section 504, U.S. Rehabilitation Act, 1973, 29 U.S.C. 791

NOTE: Forms relative to this Policy are available at:

1. Superintendent's Office
2. Administrator's Office
3. Special Services Office

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3511
FORM 1
Junior/Senior High School
EAST WINDSOR PUBLIC SCHOOLS
SPECIAL EDUCATION DEPARTMENT
70 South Main Street
East Windsor, CT 06088

RE: Marion H. Martinez
Director of Instruction
Date:
Dear

You are invited to attend a (504) Child Study meeting on ____________________, at ________(date) (time)
at the __________________________.(place)

The purpose of the meeting is to:

_____1. Review the results of testing
_____2. Review the needs for services and educational programming
_____3. Review the needs for changes in program
_____4. Annual Review
_____5. Other Develop 504 Service Plan

The membership at this meeting will include at least an administrator, special education representative, and a teacher. We have also requested that the following people attend this meeting:

Name                                                                        Title
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________

Please be advised that you have the right to:

1. Review all records related to this meeting
2. Invite anyone of your choice to attend this meeting
3. Be fully informed of the results of this meeting

We hope you can attend. It is our intention that your child’s educational program will not be changed without your knowledge. If you are unable to be present at the scheduled time, please contact me at 623-2433 and we will attempt to arrange a mutually convenient time and place. Enclosed please find a copy of Procedural Safeguards.

Sincerely yours,

Kathleen Barmak, Assistant Principal

cc: M. Martinez

3511
FORM 1
Broad Brook School
EAST WINDSOR PUBLIC SCHOOLS
SPECIAL EDUCATION DEPARTMENT
70 South Main Street
East Windsor, CT 06088

RE: Marion H. Martinez
Director of Instruction
Date:
Dear

You are invited to attend a (504) Child Study meeting on ____________________, at ________(date) (time)
at the __________________________.(place)

The purpose of the meeting is to:

_____1. Review the results of testing
_____2. Review the needs for services and educational programming
_____3. Review the needs for changes in program
_____4. Annual Review
_____5. Other Develop 504 Service Plan

The membership at this meeting will include at least an administrator, special education representative, and a teacher. We have also requested that the following people attend this meeting:

Name                                                                        Title
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________

Please be advised that you have the right to:

1. Review all records related to this meeting
2. Invite anyone of your choice to attend this meeting
3. Be fully informed of the results of this meeting

We hope you can attend. It is our intention that your child’s educational program will not be changed without your knowledge. If you are unable to be present at the scheduled time, please contact me at 623-2433 and we will attempt to arrange a mutually convenient time and place. Enclosed please find a copy of Procedural Safeguards.

Sincerely yours,

Jeanne McCarroll, Principal

cc: M. Martinez

3511
FORM 1
East Windsor Intermediate School
EAST WINDSOR PUBLIC SCHOOLS
SPECIAL EDUCATION DEPARTMENT
70 South Main Street
East Windsor, CT 06088

RE: Marion H. Martinez
Director of Instruction
Date:
Dear

You are invited to attend a (504) Child Study meeting on ____________________, at ________(date) (time)
at the __________________________.(place)

The purpose of the meeting is to:

_____1. Review the results of testing
_____2. Review the needs for services and educational programming
_____3. Review the needs for changes in program
_____4. Annual Review
_____5. Other Develop 504 Service Plan

The membership at this meeting will include at least an administrator, special education representative, and a teacher. We have also requested that the following people attend this meeting:

Name                                                                        Title
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________
_______________________________________, _____________________________________

Please be advised that you have the right to:

1. Review all records related to this meeting
2. Invite anyone of your choice to attend this meeting
3. Be fully informed of the results of this meeting

We hope you can attend. It is our intention that your child’s educational program will not be changed without your knowledge. If you are unable to be present at the scheduled time, please contact me at 623-2433 and we will attempt to arrange a mutually convenient time and place. Enclosed please find a copy of Procedural Safeguards.

Sincerely yours,

Carol Sue Jones, Principal

cc: M. Martinez

3511
FORM 2
Page 1 of 2

EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

504 STUDENT SERVICE PLAN

NAME: _______________________________ BIRTHDATE: _______________ GRADE: ___

SCHOOL: ____________________________ DATE OF MEETING: _____________________

1. Describe the nature of the concern:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Describe the basis for the determination of the disability (if any):
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Describe how the disability affects a major life activity:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. Describe the reasonable accommodations that are necessary:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. Describe the progress since last 504 meeting which took place on: ____________
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Review/Reassessment Date: ____________________ (must be completed)

Participant Name                                 Title

cc: Student’s Cumulative File
Attach: Information Regarding Section 504 of the Rehabilitation Act of 1973

_______________________________________
Signature of Parent/Guardian/Surrogate

3511
FORM 2
Page 2 of 2

EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

504 STUDENT SERVICE PLAN

Information Regarding Section 504 of the Rehabilitation Act of 1973

Section 504 is an Act which prohibits discrimination against persons with a disability in any program receiving Federal financial assistance. The Act defines a person with a disability as anyone who:

1. has a mental or physical impairment which substantially limits one or more major life activities (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working);

2. has a record of such impairment; or

3. has regarded as having such an impairment.

In order to fulfill its obligation under Section 504, the East Windsor Public Schools District recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs and practices in the school system.

The school district has specific responsibilities under the Act, which include the responsibility to identify, evaluate, and if the child is determined to be eligible under Section 504, to afford access to appropriate educational services.

If the parent or guardian disagrees with the determination made by the professional staff of the school district, he/she has a right to a hearing with an impartial hearing officer.

The Family Educational Rights and Privacy Act (FERPA) also specifies rights to educational records. This Act gives the parent or guardian the right to: 1) inspect and review his/her child’s educational records; 2) make copies of these records; 3) receive a list of all individuals having access to those records; 4) ask for an explanation of any item in the records; 5) ask for an amendment to any report on the grounds that is inaccurate, misleading, or violates the child’s rights; and 6) a hearing on the issue if the school refuses to make the amendment.

If there are questions, please feel free to contact Marion H. Martinez, Director of Instruction at 623-3347.

3511
FORM 3
Page 1 of 18

EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards

Introduction

The parent of a child who needs or may need special education and related services can expect to have certain steps that the school must follow. These steps are to protect the child’s right to be educated and are found in state and federal law. The parent must be given a copy of these steps when:

• A child is referred for evaluation (testing) for the first time.
• A parent is invited to a planning and placement team (PPT) meeting to talk about the individualized education program (IEP) of the child.
• A child is to be tested again (reevaluation).
• A hearing is requested.
• A change in a child’s program is being made because a school rule was broken.

The copy of these steps, the procedural safeguards, shall fully tell about:

• Testing of a child by a person who does not work for the school district. This is called an independent educational evaluation.
• Giving the parent a copy in writing of what the school is offering or refusing to do about a child’s program.
• Getting parent permission before the school gives tests or special education services to a child.
• Seeing and getting a copy of a child’s school record.
• Going to a hearing when the parent and the school disagree.
• A child’s program during the time it takes to go to a hearing.
• Steps that the school must follow before putting a child in a different school program, an interim alternative educational setting, because the child broke a school rule.
• Steps a parent must follow if a parent places a child in a private school and expects the school to pay.
• Mediation.
• Hearings.
• Hearings done in a shorter time. This is called an expedited hearing.
• Bringing a case to court.
• Attorney’s fees.
• Complaints.

When a child turns eighteen years old, the child has all rights the parent used to have. A child will not get the rights if the Court has said the child is not able to decide in a way that is good for the child. The school shall give any notice required by the law to both the child and the parent even though the child would now have the rights that the parent used to have.

3511
FORM 3
Page 2 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

A. Testing of the Child by a Person Who Does Not Work for the School:
Independent Educational Evaluation

1. The parent has the right to have the school pay for testing done by a person who does not work for the school, if the parent disagrees with the testing done or arranged by the school. The school may ask the parent for the reason why the parent objects to the testing done by the school. An explanation by the parent is not required. If the school decides not to pay for the testing, the school must ask for a hearing without delay. At the hearing the school must show that its testing is correct. If the hearing officer decides that the school’s testing is correct, the school does not have to pay for the testing that the parent wants done. However, the parent still has the right to have testing done by a person who does not work for the school, but the school does not have to pay for it.

2. The parent has the right to get testing done by a person who does not work for the school. The parent may give the results of the tests to the school. The testing must be considered by the school when deciding on a child’s program, if the testing meets standards used by the school. The test results may be used at a due process hearing.

3. A hearing officer may ask that a child be tested by a person who does not work for the school. The school must pay for this testing.

4. When the school pays for testing that is done by a person who does not work for the school, the testing must meet the standards for testing used by the school. This includes the location where the testing is done and the skills of the person doing the testing. The school may not set additional standards or timelines when the school pays for testing that is done by a person who does not work for the school. The standards of the school must not interfere with a parent’s right to have the testing done by a person who does not work for the school.

5. The parent may ask the school where to get testing done by a person who does not work for the school.

B. Getting in Writing What the School Has Said About a Child’s Program:
Prior Written Notice

1. The parent has the right to get in writing a copy of what the school also said about a child’s program at a PPT. This is called prior written notice.

The notice shall be sent to the parent no later than five school days before the PPT wants to begin doing something about or change:

(a) a finding that the child is disabled;
(b) the testing of the child;
(c) the child’s school program;
(d) the child’s right to a free school program that meets the child’s needs.
3511
FORM 3
Page 3 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)


2. The written notice must tell:

(a) exactly what the PPT wants to do or refuses to do;
(b) why the PPT wants to or refuses to do what was said;
(c) the other options the PPT talked about and the reasons why those were not done;
(d) about each test or report that the PPT used in deciding what to do or not to do;
(e) about other factors that the PPT thought about before deciding what to do or not to do;
(f) that the parent is protected by the law and how to get a copy of these protections; and
(g) who to contact to get help in understanding these protections.

3. The notice must be written in a way that would be easy to read and understand, unless it is clearly not possible to do so. If the parent’s spoken word is not a written one, the school must make sure:

(a) the notice is given orally or by another way to the parent;
(b) the parent understands what is in the notice; and
(c) there is written proof that these two steps have been taken.

4. The school must tell the parent in writing about the laws and the rights of the parent:

(a) as soon as the school determines that a child needs special education services; and
(b) at each PPT meeting.

If the parent does not attend the PPT meeting, the school must mail a copy of the laws and rights to the parent.

C. Parent Consent

1. Consent means that:

(a) the parent has been fully informed about why the school seeks permission;
(b) the parent understands and agrees in writing to let the school test the child or place the child in a program. If school records are to be sent to someone, the school tells the parent what will be sent and to whom it will be sent;

3511
FORM 3
Page 4 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Parent Consent (continued)

(c) the parent understands that he or she willingly gives permission and permission may be withdrawn at any time. If the parent withdraws permission, the withdrawal does not effect the actions taken of the services provided to the child during the time the school district had the permission of the parent.

2. The evaluation (testing) is done to find out:

(a) if a child is disabled; and
(b) the kind and amount of special education services a child needs.

Certain tests or ways of evaluating are selected for each child. These tests are not the tests that are given to all children in a school, grade or class.

3. Parent permission must be given before:

(a) the school evaluates a child;
(b) a child gets special education for the first time; and
(c) a child is placed in a private school by the public school.

Except for these three times, the school can not use the reason that a parent has not given permission to refuse the parent of the child any services that would help the parent of the child. Parent permission to test a child for the first time shall not be taken to mean that the parent has given permission to give a child special education and related services.

When the school wants parent permission, the school must tell the parent:

(a) of the right to not give permission and if the parent does give permission, the parent can take it back;
(b) if the parent does not respond to the school in ten days, the school will take that to mean that the parent does not give permission; and
(c) if the parent does not give permission and asks for a mediation or a hearing, the child’s school program will not change during the time it takes to go to a mediation or to a hearing.

If parent permission is not given to evaluate the child or to place a child in special education for the first time, the school must take steps to make sure that the child gets a proper education. This may mean the school asking for a mediation or a hearing.

If parent permission is not given to the school when the school wants to place a child in a private school, the school must ask for a hearing and may ask for mediation.

3511
FORM 3
Page 5 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Parent Consent (continued)

If the hearing officer decides in favor of the school, the school may evaluate or place the child in a private school without parent permission. The parent may go to either State Superior Court or Federal District Court to stop the school from evaluating or placing the child.

The school must get parent permission before re-evaluating a child. Except the school does not need to get permission, if the school can show it made a good effort to get permission and the child’s parent did not get back to the school. The school must have a record of its efforts to get parent permission.

This record might include:

(a) telephone calls tried or made and the results of those calls;
(b) copies of letters sent back to the school by the parent; and
(c) visits made to the parent’s home or workplace and results of this visits.

If the parent refuses consent for re-evaluation, the school may go to a mediation or a hearing to see that the child gets a proper education.

4. Parent permission is not needed before:

(a) looking at the records of the child that the school already has when the school is evaluating or re-evaluating a child; or
(b) giving a test or other means of evaluation that is given to all children unless the school gets parent permission from all parents before giving a test.

D. Seeing and Getting the School Records of a Child

1. The parent has the right to:

(a) look at all records which are kept or used by the school that deal with:

• the child being disabled;
• the child being evaluated;
• the child being placed in a program; and
• the child’s right to a free appropriate public education.

The school may take for granted that the parent has the right to look at records unless the school has been told that the parent does not have this right according to state law.

3511
FORM 3
Page 6 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Seeing and Getting the School Records of a Child (continued)

The school must let the parent look at the records as soon as possible and not later than 10 school days after a parent asks.

The school must let the parent look at the records as soon as possible and within 3 school days if it is to prepare for:

• a meeting about an IEP; or
• a mediation or a hearing.

When a parent asks in writing, the school must let the parent look at and copy records related to a hearing as soon as possible and within 3 days.

The school must, in spite of the timelines noted above, comply with a parent request as soon as possible and before any IEP meeting or hearing;

(b) expect the school to explain and tell about the meaning of the records;
(c) get one free copy of the records. The parent must ask for a free copy in writing. The school shall provide a copy within 5 school days. The school may charge for more copies. The school may not charge for more copies if having to pay the fee would keep the parent from looking at the records. The school may not charge a fee to look for records;
(d) have a person acting for the parent look at the records; and
(e) look at and be told of certain data about his or her child when any record has data on more than one child. The parent may only look at data about his or her child.

E. Asking for a Hearing: A Way to Solve a Dispute

1. A parent of the school may ask, in writing, for a hearing to review what was decided by the PPT. When a parent asks for a hearing, the school shall tell the parent about the use of mediation as a means to settle the issues. The school shall also tell the parent of any free or low-cost legal and other services related to the matter that are available in the area if:

(a) the parent asks for this; or
(b) the parent of the school asks for a hearing.

2. When a parent or an attorney for the child asks for a hearing, the parent or the attorney must tell:

(a) the child’s name and address and the name of the child’s school;
(b) the problem at the PPT and facts about the problem; and
(c) what will solve the problem, if known.
3511
FORM 3
Page 7 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Asking for a Hearing: A Way to Solve a Dispute (continued)

The school shall have a form for the parent to fill out to ask for a hearing. The form shall tell what needs to be on the form. The school may not refuse or delay a parent’s request for a hearing if the parent does not fill in or give all that is asked for. The form or letter that asks for a hearing shall be sent to:

Connecticut State Department of Education
Bureau of Special Education and Pupil Services
Due Process Unit
25 Industrial Park Road
Middletown, CT 06457
FAX 860 807-2049

A copy of the form or letter shall be sent to the school’s administrator of special education.

3. When school asks for hearing, the parent must be told in writing. The school must say what the problem is. The school’s request for the hearing shall also be sent to the address noted above in #2.

F. Child’s School Program During a Hearing or a Court Review

1. When a hearing has been asked for, the child must stay in the school program with the same services that the child was getting before the parent and the school had a disagreement. The child must stay in this program until the matter is settled unless the parent and the school agree to change the school program. If the child is to enter public school for the first time, the child must be able to go to school if the parent wants the child to go. The child will be able to go to school until the problem is solved. If a hearing officer agrees with the parent that a change to the child’s school program is proper, the order of the hearing officer must be carried out, even if a court review (See Section L) has been asked for.

2. If a parent asks for a hearing,

(a) after a child was put in an interim alternative educational setting (IAES), that is, a different school program, for up to 45 days

• by the school because the child carried a weapon to school or a school activity; or knowingly had used, sold or tried to by illegal drugs at school or a school activity;

or

3511
FORM 3
Page 8 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Child’s School Program During a Hearing or a Court Review (continued)

• by a hearing officer; or

(b) after a PPT decided that a child’s behavior was not related to the child’s disability while the child is in the IAES the child must stay in the IAES until the hearing officer decides differently or until the end of 45 days, whichever comes first, unless the parent and school agree to change it.

If the school wants to change the child’s program after the 45 days is up and asks for a hearing, the child would return to the school program that the child was in before being placed in the IAES while the hearing is held. If the school thinks that it is not safe for the child to go back to the school program that the child was in before being placed in the IAES, the school may ask for a hearing that is done quickly, this is called an expedited hearing. The hearing officer can decide to:

(a) return the child to the school program that the child was in before being placed in the IAES; or
(b) return the child to the IAES; or
(c) place the child in another school program.

In deciding the placement for the child, the hearing officer shall use the standards noted below in Section G #2. The hearing officer may not order a placement for more than 45 days, however the school may ask for this process to be repeated, as necessary.

G. Steps the School Must Follow When Placing a Child In an Interim Alternative Educational Setting (IAES), a Different School Program

1. When the school orders a child to an IAES for no more than 45 days because he or she did not obey school rules as noted ion Section F #2(a), the school must hold a PPT meeting to determine the IAES.

(a) If the school did not examine how a child acts in school (this is called a functional behavioral assessment-FBA) and carry out a plan to deal with the way the child acted that resulted in the school placing the child in an IAES (this called a behavioral intervention plan-BIP), the school shall hold a PPT meeting to design an FBA;
(b) If the child already has a BIP, the PPT shall meet to go over the BIP and the way it is being carried out, as necessary, to deal with the way the child acted that resulted in the school placing the child in the IAES.

3511
FORM 3
Page 9 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Steps the School Must Follow When Placing a Child I an Interim Alternative Educational Setting (IAES), a Different School Program (continued)

If it is necessary to design an FBA, the school shall hold a PPT as soon as possible after designing and completing the FBA to write up a BIP. The school shall then carry it out.

2. A hearing officer may order a change to an IAES for not more than 45 days in an expedited hearing (See Section K) if the hearing officer:

(a) decides that the school has presented convincing facts to show that keeping the child in the current school program is more than likely to result in injury to the child or to others:
(b) considers whether the child’s current school program is proper;
(c) considers whether the school has made a good effort to reduce the risk of harm in the child’s current school program, including the use of extra aids and services; and
(d) decides that the IAES that is presented by the school staff, including the child’s special education teacher, meets with what is stated in #3 below.

3. The PPT or the hearing officer, when deciding on an IAES, shall:

(a) select the program that allows the child to:

• progress in the general coursework, although in another setting, and
• still receive those services and aids, including those written in the child’s current IEP, that will help the child meet the goals set out in the IEP; and

(b) include services and aids to deal with the way the child behaved that resulted in the child being placed in the IAES. The services and aids are to be designed to keep the behavior from happening again.

4. If the PPT or hearing officer is thinking of placing a child in an IAES, the school shall:

(a) not later than the day on which it is decided to place the child in an IAES, tell the parent what was decided and of all steps to protect the child’s right to an education that are on these pages; and
(b) as soon as possible, but not later than 10 school days after the day on which it was decided to place the child in an IAES, hold a review to decide if the way the child behaved that resulted in the child being placed in an IAES was related to the reason why the child is disabled. This review is called a manifestation determination (MD).
3511
FORM 3
Page 10 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Steps the School Must Follow When Placing a Child in an Interim Alternative Educational Setting (IAES), a Different School Program (continued)

5. The MD must be done by the PPT in a meeting which may be the same meeting that is held under #1 above.

6. The parent may ask for a hearing if the parent disagrees with how the PPT decided on the MD or with the child being placed in an IAES by the school. The hearing shall be an expedited hearing (See Section K).

H. Steps a Parent Must Follow When Placing a Child in a Private School at Public Expense

1. A parent, who on his or her own, places a child, who at one time received special education through the public school, in a private school and seeks a return of the money for the costs of the private school from the public school may receive the costs from the public school:

(a) the school had not made a program that could meet the child’s education needs available to the child in a timely manner before the parent enrolled the child in the private school; and
(b) the private school program for the child meets the child’s education needs.

The private school program provided to the child may be found to be a proper program for the child by a hearing officer or a court even if the private school does not meet the state standards that apply to the education provided by the school district.

2. The return of the costs for the private school may be refused or reduced:

(a) if at the last PPT meeting that the parent attended before taking the child out of the public schools, the parent did not:

• tell the PPT of not wanting the program offered by the school
• state the concerns about the program offered by the school
• state the intent to enroll the child in a private school at public expense;

(b) if, before the parent took the child out of the public school, the school told the parent, in writing, of its intent to evaluate the child, giving the purpose of the evaluation, and the parent did not make the child available for evaluation; or
(c) upon a court deciding that the parent did not act within reason.

3511
FORM 3
Page 11 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Steps a Parent Must Follow When Placing a Child in a Private School at Public Expense (continued)

3. The return of the costs may not be reduced or refused because the parent did not tell the school because:

(a) the parent cannot read and write in English;
(b) having to tell the PPT would result in harm to the child’s body or serious harm to the child’s emotion;
(c) the school kept the parent from giving notice; or
(d) the parent had not been told by the school that the parent had to tell the school, as noted in #2(a) above, before putting the child in the private school if the parent wanted to get the school district to return the costs of the private school.

I. Settling a Dispute When the Parent and the School Do Not Agree: Mediation

1. Mediation is a way to settle a dispute when the parent and the school do not agree on:

(a) how or whether a child is disabled;
(b) evaluation of the child;
(c) placing the child in a special education program; or
(d) child’s right to a free school program that meets the needs of the child.

The parent and the school have a free choice to go to mediation. The mediation can not be used to:

(a) deny or delay the parent’s right to a hearing; or
(b) deny any other rights that the parent has under the state or federal special education laws.

Before the start of a hearing or any time during the hearing, the parent and the school may ask for a mediation by sending a letter to:

Connecticut State Department of Education
Division of Educational Programs and Services
Bureau of Special Education and Pupil Services
Due Process Unit
25 Industrial Park Road
Middletown, CT 06457
FAX 860 807-2049

3511
FORM 3
Page 12 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Settling a Dispute When the Parent the School Do Not Agree: Mediation (continued)

The Due Process Unit has a list of mediators and will assign a mediator from a rotating list who:

(a) is trained in mediation;
(b) does not show favor to either the parent or the school;
(c) knows about the special education laws;
(d) is an education consultant with Connecticut State Department of Education; and
(e) does not provide direct services to the child who is the subject of the mediation.

The mediator will try to help the parent and the school settle their concerns. If the parent and the school reach agreement on the issues, what they have agreed to will be put in writing. The mediation shall be set within 30 days from the time the Due Process Unit gets the letter from the parent and the school then asks for the mediation. The mediation will be held in a place that is close for the parent and the school staff.

2. What the parent and the school talk about at a mediation must be kept private. Both the parent and the school may not use what is talked about at a mediation as proof in any hearing or court action that may follow the mediation. The parent and the school may have to agree to this in writing before the start of the mediation.

J. Due Process Hearings: A Fair Means to Solve Disputes

1. No issue may be raised at a hearing unless it was raised at a PPT meeting held for the child.

2. The law limits the time period for making a request for a hearing. The parent or the school has two years to ask for a hearing from the time it is proposed or refused:

(a) to consider or find that the child is disabled:
(b) to evaluate the child;
(c) to place the child in a school program that meets the child’s needs; or
(d) to provide the child with the right to a free education that meets the child’s needs.

If the parent is not given a copy of the “Steps to Protect a Child’s Right to Special Education” (Procedural Safeguards in Special Education), the two-year limit shall start at the time the copy is properly given to the parent.

3511
FORM 3
Page 13 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Due Process Hearings: A Fair Means to Solve Disputes (continued)

3. The parent and the school shall take part in a telephone call with the hearing officer. This is called a pre-hearing conference. The telephone call shall take place at least ten days before the hearing is set to begin. During the call the parent and the school shall try to work out the dispute, if possible, and narrow the issues.

4. The school shall tell the parent of any free or low-cost legal services and other services related to the matter that are available in the are if:

(a) the parent asks for this, or
(b) the parent of the school asks for a hearing.

5. The hearing shall be held by a hearing officer:

(a) who is not an employee of

• the Connecticut State Department of Education or
• the school district where the child goes to school; and

(b) who does not have an interest which would get in the way of his or her being fair in the hearing.

A person who would be a hearing officer is not an employee solely because he or she is paid by the Connecticut State Department of Education to act as a hearing officer.

6. The Connecticut State Department of Education, Due Process Unit, and the school district shall keep a list of the persons who serve as hearing officer. This list shall state the training of each of those persons.

7. The parent has the right to have the child at the hearing and to open the hearing to the public. The record of the hearing and the findings of fact and decisions noted in #8 below are at no cost to the parent.

8. The parent and the school have the right to:

(a) bring and be helped by an attorney and persons with special training about children who are disabled;
(b) give proof, question and cross-examine any witness;
(c) make witnesses attend the hearing;

3511
FORM 3
Page 14 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Due Process Hearings: A Fair Means to Solve Disputes (continued)


(d) not allow any proof to be given at the hearing that had not been given to that party at least five business days before the hearing. (For evaluations done and suggestions from the evaluations that one intends to use at the hearing shall be given at least five business days before the hearing.)
(e) a written, or, at the choice of the parent, electronic word-for-word record of the hearing; and
(f) written, or at the choice of the parent, electronic findings of fact and decisions.

9. The hearing officer may keep the parent or the school from giving any proof at the hearing without the permission of the other party if the parent or the school fails to meet the timeline noted above in #8(d).

10. Within 45 calendar days after the parent or the school asks the Due Process Unit for a hearing, a final decision in the hearing shall be reached and a copy of the decision shall be mailed to each of the parties. The hearing officer may allow extra time beyond the 45-calendar-day timeline when asked by the parent or the school. The hearing shall be held at a time and place that would make it easy for the parent and child to attend.

11. The decision of the hearing is final, unless the parent or the school asks for a review from either State Superior Court or Federal District Court.

12. The State Department of Education shall, after taking out any data that would make the identity of the child easily known, send the written findings of fact and decisions to the State Advisory Council for Special Education and also make them available to the general public.

K. Due Process Hearings Without Delay: Expedited Hearings

1. The steps and the way in which an expedited due process hearing is held are the same as noted in Sections E and J except as noted in this section.

2. An expedited hearing will be set up when a hearing is asked for as follows:

(a) the school thinks that keeping the child in the current school program is most likely to result in injury to the child or to others and the school wants to put the child in an IAES (See Section G) to not more than 45 days because the school cannot make this change without an order from a hearing officer;

3511
FORM 3
Page 15 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Due Process Hearings Without Delay: Expedited Hearings (continued)


(b) the child is placed in an IAES and the school wants to change the child’s school program at the end of the 45 days IAES because the school believes it is a danger for the child to be in the school program that the child was in before being placed in the IAES and the school asks for an expedited hearing;
(c) the parent believes the child has been kept out of school for more than 10 days in a row without the school following the proper steps;
(d) the parent believes the child has been kept out of school for more than 10 days in a school year without the school following the proper steps;
(e) the parent does not agree with the school placing the child in an IAES; or
(f) the parent does not agree with the MD (See Section G) as decided by the PPT.

3. Each party to a hearing:

(a) has the right to keep any proof from being presented at the hearing that has not been given to the other party at least 2 business days before the hearing; and
(b) shall give to all other parties all evaluations done to date and the suggestions made from the evaluations that the party wants to use at the hearing at least 2 business days before the hearing.

4. The decision of the hearing officer shall be put in writing and mailed to the parties within 45 calendar days of the day that the Due Process Unit received the letter asking for the hearing. There shall not be any reason to go beyond the 45 calendar days.

L. Reviews by a Court: Civil Actions

1. If the parent or the school is not satisfied with the findings and final decision made in the hearing, they have the right to a review from either State Superior Court or Federal District Court without taking into account the damages claimed or the relief sought. The court:

(a) shall get the records of the hearing:
(b) shall hear more proof when asked by the school or the parent; and
(c) basing its decision on the greater amount of proof, shall order a change as the court decides is proper.

3511
FORM 3
Page 16 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Reviews by a Court: Civil Actions (continued)

2. Nothing in the federal law (IDEA) regarding the education of children who are disabled limits the rights that a parent or the school has under other federal laws that protect the rights of children who are disabled. However, before filing a civil action for a review by a court, a due process hearing must be fully completed.

M. Attorney’s Fees

1. For any hearing or court review, the court may order the school to pay for the attorney’s fees paid by the parent in a matter that was decided in the favor of the parent. The amount of attorney’s fees that is decided shall be based on rates common in the area in which the hearing or court review arose for the kind and quality of services provided. No extra means may be used in figuring the fees ordered.

2. Attorney’s fees may not be ordered and related costs may not be returned to the parent in any hearing or court review for services provided after the time of a written offer to a parent to settle the matter if:

(a) the offer is made within the time allowed by federal rule or, in the case of a hearing, at any time more than ten days before the hearing begins;
(b) the offer is not accepted within 10 days; and
(c) the court finds that the relief finally given to the parent is not more than the offer to settle the matter.

An order for the return of attorneys’ fees and other costs may be made to a parent who succeeds with his or her case and who had good reason for not taking the offer made by the school to settle the matter. The return of attorneys’ fees may not be ordered for:

(a) any meeting of the PPT unless the PPT meeting is held as a result of a hearing or a court review; or
(b) a mediation that is held before a parent asks for a hearing.

3. The court may lower attorneys’ fees whenever it finds that:

(a) the parent, during the hearing or the court review, took more time than was needed to settle the dispute;
(b) the amount of the attorneys’ fees goes beyond, without good reason, the hourly rate common in the area for same type of service by attorneys who compare in skill, good name, and training;
(c) the time spent and legal services provided were more than expected for the type of hearing or court review; or,
(d) the attorney for the parent did not give to the school the required data when asking for the hearing.
3511
FORM 3
Page 17 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Attorney’s Fees (continued)

The court would not lower attorneys’ fees if the court finds that:

(a) the school or the state without good reason took more time than necessary to reach a final resolution of the hearing or the court review; or
(b) the procedural safeguards were violated.

N. Filing a Complaint

1. A group or a person may file a signed complaint in writing. The complaint must state:

(a) that the school did not carry out the IDEA of the state laws that protect children who are disabled; and
(b) the facts on which the complaint is based.

The complaint must be filed within one year from the time it is believed that the school failed to follow the law. A time longer than a year may be reasonable if:

(a) what the school has failed to do continues to happen; or
(b) the complaint asks for what the school failed to do within the last three years.

2. A complaint shall be sent to:

Connecticut State Department of Education
Bureau of Special Education and Pupil Services
Due Process Unit
25 Industrial Park Road
Middletown, CT 06457
FAX 860 807-2047

3. The State Department of Education shall make a decision about the issues in the complaint within 60 days after the complaint is filed with Department. The 60-day-limit may be extended if the Department believes that there are special factors in a complaint. In making a decision, the Department shall:

(a) carry out an on-site visit at the school, if the Department believes it must be done;
(b) give the person who filed the complaint the chance to give, orally or in writing, more facts about the complaint;

3511
FORM 3
Page 18 of 18

Steps to Protect a Child’s Right to Special Education: Procedural Safeguards (continued)

Filing a Complaint (continued)

(c) review all the facts regarding the complaint and decide if the school failed to meet the law; and
(d) send out a decision to the person who filed the complaint. The decision shall rule on each issue raised in the complaint and contain the facts on which the decision was based, how the facts were related to the decision and the reasons for the decision.

4. The carrying out of the Department’s decision may include:

(a) assistance to the school district by the Department;
(b) talks to help the parent and the school agree to terms to solve the complaint; and
(c) actions for the school to take to meet the law

5. If the Department has found that the school failed to provide the IEP services, the Department shall address:

(a) how to made up for services that had not been given, which may include paying the parent for the costs of those services that had been paid by the parent or other proper actions related to the needs of the child; and
(b) the providing of future services for all children who are disabled.

6. The Department shall not look into any part of a complaint that is part of the due process hearing, until the final decision of the hearing is made. Any issue in the complaint that is not part of the due process hearing must be resolved following steps noted above in #3. If an issue is raised in a complaint that was already decided in a due process hearing with the same parties, the hearing decision is final and will not be reviewed by the Department. The Department shall inform the person filing the complaint that a review will not be done. If a complaint states that the school has failed to carry out the final decision of the due process hearing, the Department shall resolve the complaint.

Based upon the State of Connecticut Department of Education
Division of Educational Programs and Services
Bureau of Special Education and Pupil Services
11/09/99

3511
FORM 4
Page 1 of 2

EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

Manifestation Determination

IEP Team Meeting to Determine the Relationship of a
Problem Behavior to the Student’s Disability

Student Name: ___________________________ School: _____________ IEP Date: _________

Record # ________ Disability: _______________ Date of Most Recent Evaluation: __________

Description of Specific Problem Behavior:

State purpose of meeting and review parental rights. Then discuss the following questions, check the IEP Team responses and record detailed summary of discussion on Conference Summary Report. Attach this form to Conference Summary Report.

1. Is the most recent evaluation current, comprehensive and relevant to specific problem behavior? ____Yes ____No - if no, conduct re-evaluation. (School staff should review evaluation prior to meeting.)

2. Is there an unusual school or current life circumstance event that precipitated this behavior? ____Yes ____ No

3. Is the present IEP or 504 Plan current, complete and responsive to evaluation information and problem behavior? ____Yes ____No - if no, develop new IEP or 504 Plan and continue present placement.

4. Is the present IEP or 504 Plan being appropriately implemented? ____Yes ____No - if no, begin appropriate implementation.

5. Should the IEP or 504 Plan be modified/changed in order to more appropriately address the problem behavior? ____Yes - if yes, make the changes and then determine placement in the least restrictive environment ____No

6. Is the problem behavior a manifestation of the disability? 1) Review the behavior characteristics common to the disability, 2) consider evaluation information that may describe specific behaviors and recommend interventions, and 3) discuss steps taken by the school to address the problem behavior. Record this information in detail on the Conference Summary Report.

3511
FORM 4
Page 2 of 2

Manifestation Determination (continued)

IEP Team Decision

• The specific problem behavior is a manifestation of the student’s disability. Significant change in placement, including suspensions beyond the 10 day limit. May only occur with informed parent consent. If the parent disagrees with the proposed placement change, the school may consider seeking a temporary exclusion from state and federal court.

• The specific problem behavior is not a manifestation of the student’s disability. Significant changes in placement, including suspensions beyond the 10 day limit may occur. If expulsion occurs, alternative educational services must continue under IEP. If a parent disagrees and wishes to stop the proposed action, parent must request a due process hearing within 10 school days of the proposed action. In this event, “stay-put” requires that the school continue the original placement pending due process proceedings. “Stay-put” can be avoided by a temporary exclusion order from state or federal court.

Manifestation Review

Was the student’s impulsivity caused by his disabilities?

Was this an impulsive or planned act?

Did the student have a history of this behavior in the classroom/school?

Was the act indicative of poor social judgment? Was there persuasive evidence that poor social judgment was caused by the disability?

Did the student’s language processing, processing and memory problems preclude the student from understanding the impact and consequences of the behavior?

Did the student’s written expression and reading difficulties impair the student’s ability to control that behavior?

3511
FORM 5

EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

Compliance with 504 Regulations

Grievance Procedures

Public Complaints About Facilities or Services

Complainant _____________________________________________________________________

Representing _____________________________________________________________________

Date of Presentation _______________________________________________________________

School (if appropriate) _____________________________________________________________

Prior contacts with the 504 Coordinator or teacher ________________________________________
________________________________________________________________________________
________________________________________________________________________________

Statement of Complaint:

Action Requested:

Signature ______________________________

3516
Safety

The Board shall guard against accidents by taking necessary precautions to protect the safety of students, employees, visitors and others present on district property or at school sponsored events.

The Board shall comply with all safety requirements established by governmental authorities and insist that its staff adhere to recommended safety practices pertaining to the school plant, special areas of instruction, student transportation, school sports, etc.

The Director of Support Services shall be responsible for originating and enforcing safety regulations and procedures in school buildings and on school grounds. It shall be the responsibility of the Director of Support Services to see that all staff members are kept informed of current state laws and regulations regarding health and safety as well as the recommendations of local fire and civil defense officials.

Administrators shall be responsible for the supervision of a safety program and shall direct all personnel to cooperate with state, local and insurance officials in the completion of fire safety inspections.

The Director of Support Services shall be responsible for originating and enforcing safety regulations and procedures in all school facilities and on school grounds. The Director of Support Services shall contact the Board’s insurance carrier or OSHA for the purpose of conducting periodic audits regarding safety procedures and loss prevention. These audits shall serve as the basis for establishing and enforcing safety precaution measures. Further, the Director of Support Services is responsible for keeping all staff members informed of current state laws and regulations regarding health and safety as well as the recommendations of local and civil defense officials.

District safety rules and regulations are developed for employee, student, and visitor protection. These rules and regulations are to be considered directive in nature and applicable to all.

All accidents involving the staff occurring on school property shall be reported to the Director of Support Services on the prescribed form, giving details of the accident.

Legal Reference: Connecticut General Statutes
10-203 Sanitation
10-207 Duties of Medical advisers
10-231 Fire Drills
29-389 Stairways and fire escapes on certain buildings.

Policy adopted: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3516.11(a)
Safety Compliance Programs

The Building Administrator shall promote and comply with all Occupational Safety and Health and environmental regulations to the maximum extent possible in a school setting. The Superintendent shall ensure that the following programs are in place and maintained, and that appropriate training be provided to personnel.

Occupational Safety and Health (OSH)

• Asbestos Hazard Emergency Response Act (AHERA) requires schools to conduct initial and periodic inspections, sample suspect asbestos containing building materials, develop and implement response action plans, and maintain an Asbestos Management Plan (AMP) for each building.

• Chemical Hygiene and Lab Safety requires schools to develop and implement a Chemical Hygiene Plan that includes work practices, procedures and policies to ensure protection from hazardous chemicals. The Science Department Chair shall be designated the Chemical Hygiene Officer.

• Confined Spaces The district has a "permit required" confined space. Prior to entry, permission must be received from the Water Pollution Control Authority.

• Hazardous Materials Communication governs the purchase, storage, handling, transportation and disposal of hazardous materials for school facilities and operations including instructional areas. Material Safety Data Sheets (MSDS) shall be required and maintained for all applicable materials used in the facilities. District personnel shall be encouraged to substitute non hazardous materials for hazardous substances to the extent possible and to minimize the quantities of hazardous substances stored on school property.

• Lockout/Tagout devices should be provided to employees when necessary.

• Occupational Exposure to Bloodborne Pathogens, HIV and Hepatitis B requires schools to develop an exposure control plan that includes tasks, procedures, and job classifications where occupational exposure to blood may occur. The plan should assess and evaluate employee exposure for those employees who, as a required job responsibility, could “reasonably anticipate” exposure to blood or other bodily fluids. The district shall offer Hepatitis B vaccinations to all such employees at no cost, as well as lab tests for employees exposed to blood. Employees declining vaccination must sign a declination form.

3516.11(b)
Safety Compliance Programs

Environmental Regulations

• Lead Contamination Control in School Drinking Water Conduct periodic tests of school drinking water fixtures as required.

• Periodic testing of school drinking water is done by North Central District Health Department.

• Pesticides and Herbicides shall only be applied by properly licensed and trained personnel.

• Playground Safety Periodic inspections shall be made of all equipment and surfaces to ensure adequate protection to reduce the risk of injury and accidents.

• Radon Participate in voluntary testing programs through North Central District Health Department.

• Underground Storage Tanks - Protect against spills and overflows.

Legal Reference: Connecticut General Statutes

Sec. 19a-329 through Sec. 19a-333

The Asbestos Hazard Emergency Response Act of 1986 (AHERA)

Regulation approved: June 6, 2000 EAST WINDSOR PUBLIC SCHOOLS
East Windsor, Connecticut

3524.1
Hazardous Material in Schools

Pesticide Application

The intent of this policy is to ensure that students, employees and parents/guardians receive adequate notice, in conformity with applicable statutes, prior to pesticide application in school buildings and on school grounds. Further, effective July 1, 2000, the District will only employ certified pesticide applicators for any non-emergency pesticide use in school buildings or on school grounds.

The District shall:

• Provide notice of planned pesticide application to students, parents/guardians and employees in the manner required by law.
• Post the areas scheduled to receive pesticide application(s).
• Maintain written records for five years of all pesticide applications.
• Provide continuing instruction to those students who, based upon written medical request, find it necessary to absent themselves during the period of application.
• Inform annually parents/guardians and staff of the District’s pest application/management policy.
• Establish a registry of parents/guardians and staff who want to receive advance notice of all pesticide use and provide such notice as required by law.

Pest control applicators employed by the District shall provide the s