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District Policies

 

 

SAFE SCHOOL ZONE LAW, SAFE SCHOOL ZONES (RSA 193-D)

Under the Safe School Zones statute, a student may be suspended or expelled for acts of theft, destruction, or violence occurring on school property, bus stops, and routes regardless of the age of the student for:

    • Homicide
    • Assault (simple, first-degree, second-degree assault)
    • Sexual Assault (felonious or aggravated felonious sexual assault)
    • Criminal Mischief
    • Unlawful Possession or Sale of a Firearm or Other Dangerous Weapon (the term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2-1/2 inches in length*) Title 18 U.S. Code
    • Arson
    • Burglary
    • Robbery
    • Theft
    • Illegal Sale or Possession of a Controlled Drug

*Knives of any size are not allowed on Milford School District property

 

POLICY 4040 -  NO SMOKING POLICY

Students are not permitted to smoke, use, or possess tobacco products or any other smoking devices including electronic cigarettes on school property, in the school building, or at school-sponsored events.  Any student who violates this policy will be subject to the following:

    • 1st Offense: Suspension - 1 day in school or out of school suspension with related research assignment
    • 2nd Offense: Suspension - 3 days in or out of school suspension and must meet with school Administration, school counselor, and parent upon return
    • 3rd Offense: Suspension - 5 days in or out of school suspension and admin team will meet to discuss additional consequences and/or support

                                              

Students are prohibited from bringing lighters, matches, or any other ignition devices to school. State law prohibits smoking on public property.  Police will be notified of all offenses.

 

A complete copy of district policy 4040 can be found on the school district website or at 4040 - No Smoking Policy - Policies - Section 4000 - Milford School District (milfordk12.org)

 

 

POLICY 4045 -  DRUG AND ALCOHOL POLICY

The use, sale, transfer, distribution, possession, or being under the influence of unauthorized prescription drugs, alcohol, narcotics, unauthorized inhalants, controlled substances, and illegal drugs is prohibited on any school district property, in any district-owned vehicle, or in any other district-approved vehicle used to transport students to and from school or district activities.  This prohibition also applies to any district-sponsored or district-approved event.  The use, sale, transfer, or possession of drug-related paraphernalia is also prohibited.

For the purposes of this policy, a controlled substance shall include any controlled substance as defined in the Controlled Substances Act, 21 U.S.C. 812(c), or RSA 318-B, Controlled Drug Act.

 

Students may only be in possession of medication as detailed in Board Policy 4010.  Searches of persons reasonably suspected to be in violation of this policy will be conducted in accordance with Board Policy 5095.

 

Any student who is found by the administration to be in violation of this policy shall be reported to the local law enforcement agency and subject to disciplinary action up to and including suspension, expulsion, or other discipline in accordance with the District’s disciplinary policy. Strict compliance is mandatory.  The school Principal/designee shall immediately report all incidents involving a controlled substance to the appropriate local law enforcement agency and the Superintendent.  All controlled substances shall be turned over to local law enforcement.

 

A complete copy of district policy 4045 can be found on the school district website or at 4045 - Student Drug and Alcohol Policy - Policies - Section 4000 - Milford School District (milfordk12.org)

 

 

POLICY 4060 - DRUG-FREE SCHOOL ZONES 

In accordance with RSA 193-B:2, it shall be unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its analog within a drug-free school zone at any time of the year.

 

In accordance with RSA 193-B:6:

  1. It shall be a violation for any person to cover, remove, deface, alter or destroy any sign or other marking identifying a drug-free zone as provided by RSA 193-B:4, I
  2. Lack of knowledge that the prohibited act as defined in RSA/193-B:2 occurred on or within 1,000 feet of school property shall not be a defense

III. A violation of RSA 193-B:2 shall not include an act which occurs entirely within a private residence wherein no person 17 years of age or under is present

 

A complete copy of district policy 4060 can be found on the school district website or at 4060 - Drug Free Workplace Policy - Policies - Section 4000 - Milford School District (milfordk12.org)

 

POLICY 5005 - STUDENT DISCIPLINE AND DUE PROCESS (JICD)

A. Policy Statement
This policy establishes the substantive parameters, procedures and due process that shall apply

before a student may be subject to temporary (same day) removal from classrooms or activities,
restriction from activities, detentions, suspensions and/or expulsion. Pursuant to Board policy JIC,
response to misconduct, including disciplinary measures and consequences should be designed to
maximize student academic, emotional and social success, while at the same time assuring safety of
all students, staff and school visitors. Administration of any of the consequences described in this
policy shall be consistent with the system of support and graduated sanctions established pursuant
to Policy JIC and the applicable Code of Conduct.


B. Standards and Procedures Relative to Disciplinary Consequences.
1. "Removal from the classroom" means a student is sent to the building Principal's office or other
designated area during the same school day. It is within the discretion of the person in charge of the
classroom or activity to remove the student.


Students may be removed from the classroom at the classroom teacher's discretion if the student
refuses to obey the teacher's directives, becomes disruptive, fails to abide by school or District rules,
or the Code of Conduct, or otherwise impedes the educational purpose of the class. Before ordering
the removal, the staff member ordering the removal shall warn the student of the infraction and
allow the student to respond.


Detentions are not appealable.

 

2. "Restriction from school activities" means a student will attend school, classes, but will not
participate in other school extra-curricular activities, including such things as competitions, field
trips, and performances. A student who has been restricted from school activities may participate in
practices at the discretion of the person imposing the restriction.


Before ordering the restriction, the supervising employee (e.g., teacher, coach, director, Principal,
etc.) ordering the restriction shall warn the student of the infraction and allow the student to
respond. If the restriction is immediate and outside of school hours, provision must be made to
assure the student is not left unsupervised. The terms of the restriction shall be communicated to
the Principal and the student’s parent/guardian.


Restrictions under this policy are not appealable.


3. "Detention" means the student's presence is required for disciplinary purposes before or after the
hours when the student is assigned to be in class, and may occur on one or more Saturdays.
Students may be assigned classroom detention at the classroom teacher's discretion, and building
detention at the Principal’s discretion, if the student refuses to obey the teacher/employee's
directives, becomes disruptive, fails to abide by printed classroom, school, or District rules, or the
Code of Conduct, or otherwise impedes the educational purpose of the class. Before ordering the
detention, the staff member ordering the detention shall warn the student of the infraction and allow
the student to respond. Parents/guardians shall be notified at least 24 hours prior to a student
serving detention.


Detentions before or after school shall not exceed one hour, and Saturday detentions shall not
exceed three hours. The building Principal is authorized to establish, announce, and post additional
guidelines and rules regarding detention, supervision, building access, etc.. The length and timing
of the detention is within the discretion of the licensed employee disciplining the student or the

building Principal, pursuant to the posted rules of the school.
 
Detentions are not appealable. 
 
4. "Temporary Reassignment" or “In-School Suspension” means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  A temporary reassignment should not exceed five consecutive school days.  Every attempt will be made to the extent possible.  Parents/guardians will be notified within a reasonable timeframe but no later than 24 hours prior by administration of a temporary reassignment.
 
The building Principal is authorized to issue reassignment, restrictions from activities, or place a student on probation for repeated failure to conform to the Code of Conduct, classroom rules, or for any conduct that causes material or substantial disruption to the school/class environment, interferes with the rights of others, presents a threat to the health and safety of students, employees, and visitors, is otherwise inappropriate, or is prohibited by law.  
 
5. “Probation” means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded.  The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty.  Failure of the student to meet these conditions and terms will result in reinstatement of the penalty.  Notwithstanding the assignment of probation, no imposition of the suspended consequence may be administered unless and until all of the provisions of this policy applicable to the suspended consequence (i.e., long-term suspension, expulsion, etc.) are satisfied.
 
6. “Out-of-School Suspension” means the temporary denial of a student's attendance at school for a specific period of time.  It includes short-term and long-term out of school suspensions.
 
a. Short-term suspension.  A “short-term suspension” means an out-of-school 
suspension of ten (10) consecutive school days or less. RSA 193:13, I (a).  
The Superintendent or his/her written designee is authorized to suspend a student for ten (10) school days or less.  
 
A short term suspension may be imposed only for:
      • Behavior that is detrimental to the health, safety, or welfare of pupils or school personnel (including, but not limited to, and act of theft, destruction or violence, as defined in RSA 193-D:1); or 
      • Repeated and willful disregard of the reasonable rules of the school that is not remediated through imposition of the district's graduated sanctions described in JIC and the Code of Conduct.
 
Pursuant to RSA 193:13, XI(b) and Board policy JIC, a short-suspension over 5 days must conform to the standards included in the Code of Conduct.   
 
Before any short-term suspension may be imposed, a student is entitled to the minimum due process (notice before meeting of the charge and explanation of evidence, notice of the possibility of suspension, opportunity for the student to respond, and a written decision explaining the disciplinary action taken).  See New Hampshire Department of Education Rule Ed 317.04(f)(1). 
 
b. Long-term suspension. A “long-term suspension” is the extension or continuation of a 
short-term suspension for a period not to exceed an additional ten (10) days beyond the 
duration of the short-term suspension.  
 
The Superintendent is authorized to continue the suspension and issue a long-term suspension of a pupil for a period in excess of ten (10) school days, provided only that if the Superintendent issued the original short-term suspension, then the School Board may designate another person to continue the short-term suspension and issue the long-term suspension.  
 
A long-term suspension may only be imposed for:
    • An act that constitutes an act of theft, destruction or violence, as defined in RSA 193-D; 
    • Bullying pursuant to Board policy JICK (5009) when the pupil has not responded to targeted interventions and poses an ongoing threat to the safety or welfare of another student; or
    • Possession of a firearm, BB gun, or paintball gun.
 
Prior to a long-term suspension, the student will be afforded a hearing on the matter.  The informal hearing need not rise to the level and protocol of a formal hearing, but the process must comply with the requirements of Ed 317.04 (f)(2), and (f)(3)(g), including, without limitation, the requirements for advance notice and a written decision.
 
c. Appeal of long-term suspension.  Any long-term suspension issued other than by the School Board under this policy, is appealable to the School Board, provided the Superintendent or School Board chair receives the appeal in writing within ten (10) days after the issuance of the Superintendent's or designated authority hearing and written decision required under N.H. Dept. of Education Rule Ed. 317.04 (f) (2)c, and sub-paragraph B.6.b, The Board shall hold a hearing on the appeal, but will rely upon the record of the decision being appealed from.
 
Any suspension in excess of ten (10) school days shall remain in effect while this appeal is pending unless the School Board stays the suspension while the appeal is pending.  Any request to stay a long-term suspension should be included in the original appeal.
 
7. “Expulsion” means the complete denial of a pupil’s attendance at school for any of the reasons listed in RSA 103:13, II and IV.  An expulsion may be for either a stated duration or permanent.
 
a. Grounds for Expulsion.  Any pupil may only be expelled by the School Board, and only for the following grounds:
      • A repetition of an act that warranted long-term suspension under section B.6.b, above:
      • Any act of physical or sexual assault that would be a felony if committed by an adult:
      • Any act of violence pursuant to RSA 651:5, XIII:
      • Criminal threatening pursuant to RSA 631:4, II(a); or
      • For bringing or possessing a firearm as defined in Section 921 USC Title 18 within a safe school zone as prohibited under RSA 193-D:1, or under the Gun Free School Zones Act, unless such pupil has written authorization from the Superintendent.
 
b. Due Process to Be Afforded Prior to Expulsion. Prior to any expulsion, the District will ensure that the due process standards set forth in Ed 317.04(f)(3) through 317.04 (m) are followed.
 
c. Duration of Expulsion. An expulsion will run for the duration stated in the written decision or until the School Board or Superintendent restores the student's permission to attend school as provided in this policy. An expulsion relating to a firearm in a safe school zone per 7.a.v, shall be for a period of not less than 12 months.  
 
d. Educational Services.  The Superintendent is authorized, but not required, to arrange for educational services to be provided to any student residing in the District who has been expelled by the District or by any other school. 
 
C. Modification or Reinstatement After Suspension or Expulsion.  
Expelled or suspended students may request a modification of, or reinstatement from, an expulsion or suspension as provided below.  Except for students establishing residency from out-of-state, requests for modification or reinstatement from expulsion/suspension shall be submitted in writing to the Superintendent no later than August 15.  The request should set forth the reasons for the request, and include additional information to establish that it is in the best interest of the student and school community to reinstate the student.  Such additional information may include such things as work history, letters of reference, medical information, etc.  All reinstatements shall include an Intervention Plan as described in paragraph B.6.f, above, including such conditions as the reinstating authority (Superintendent or Board) deem appropriate.
 
1. Modification by Superintendent.  Subject to all other applicable laws, regulations and Board policies, and paragraph C.3, below (relating to firearms), the Superintendent is authorized to reinstate any student who has been suspended or expelled from a school in this District, and or enroll a student suspended or expelled from another school or district, on a case-by-case basis.
2. Review and reinstatement by Board.   A student may request the School Board (of the district of attendance) to review an expulsion decision prior to the start of each school year by filing a written request with the Superintendent detailing the basis of the request.  The Board will determine whether and in what manner it will consider any such request after consultation with the Superintendent.  
3. Modification of Expulsion for Firearms. A student who has been expelled from this District or any other public or private school for bringing or possessing a firearm in a safe school zone as prohibited under RSA 193-D1, or under the Gun Free Schools Act, may only be reinstated or enrolled if the Superintendent first determines: possession of the firearm was inadvertent and unknowing; the firearm was for sporting purposes and the student did not intend to display the firearm to any other person while within the safe schools zone; the student is/was in the fifth or lower grade when the incident occurred; or the Superintendent determines that the firearm was not loaded; and that no ammunition was reasonably available; and that the pupil had no intention to display the firearm to other students.

Additionally, the School Board may enroll a student expelled from a school outside of New Hampshire for a violation of the Gun Free Schools Act upon the student establishing residency.
 
D. Appeals to the State Board of Education.  Any decision by the Board (i) to expel a student, (ii) not to reinstate a student upon request, or (iii) enroll a student from another state who had been expelled for a violation of the Gun Free Schools Act, may be appealed to the State Board of Education at any time that the expulsion remains in effect, subject to the rules of the State Board of Education.  
 
E. Sub-committee of Board.  For purposes of sections B.6 and B.7 of this policy, "Board" or "School Board" may either be a quorum of the full Board, or a subcommittee of the Board duly authorized by the School Board.
 
F. Superintendent and Principal Designees.  Except where otherwise stated in this policy, the Superintendent may delegate any authority s/he has under this policy, and a principal may delegate any authority s/he has under this policy, to other appropriate personnel.
 
G. Disciplinary Removal of Students with Disabilities.  If a student is disabled under the Individuals with Disabilities Act (IDEA), the New Hampshire RSA 186-C, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, or any other law providing special rights to disabled students, those laws shall govern and shall supersede these local policies to the extent these local policies are inconsistent with those laws.  Accordingly, any suspension or expulsion of a child with a disability as defined in Ed 1102.01(t) shall be in accordance with Ed 1124.01.
 
H. Notice and Dissemination.  This policy shall be made available to families, students and staff as provided in Board policy JIC. 
 
I. Conflict in Law or State Regulation.  If any provision of this policy shall conflict with State or Federal law, or regulation of the New Hampshire Department of Education, then such law or regulation shall apply, and the remainder of the policy shall be read and interpreted to be consistent with the law or regulation.  School administrators and families are strongly encouraged to review the links for pertinent statutes and laws as referenced in this policy. 
 

Adopted: 3/7/2022

Formerly:  5005

 

Legal References: 

18 U.S.C. § 921, Et seq., Firearms

20 U.S.C. § 7151, Gun-Free Schools Act

RSA 189:15, Regulations

RSA 193:13, Suspension & Expulsion of Pupils

RSA Chapter 193-D, Safe Schools Zones

RSA 631:4, Criminal Threatening

RSA 651:5, XIII “Act of Violence”

NH Code of Administrative Rules, Section Ed 306.04(a)(3), Discipline

NH Code of Administrative Rules, Section Ed 306.04(f), Student Discipline Policy

NH Code of Administrative Rules, Section Ed. 306.04(g), Suspension & Expulsion

NH Code of Administrative Rules, Section Ed 317.04, Suspension and Expulsion of Pupils Assuring Due Process Disciplinary Procedures

In re Keelin B., 162 N.H. 38, 27 A.3d 689 (2011)

 

A complete copy of district policy JICD can be found on the school district website or at JICD  Student Discipline and Due Process - Policies - Section 5000 - Milford School District (milfordk12.org)

 
POLICY 5008 - WEAPONS ON SCHOOL PROPERTY
No student shall possess a firearm on Milford School District property, including the school buses.  Any student who is determined by the Superintendent of Schools and the school board to have violated this policy shall be expelled from school for the year.  The Superintendent of Schools, with the school board, shall have the right to modify the penalty on a case-by-case basis in conformity with Federal Law. The term firearm, as used above, includes the following: (a) any weapon (including a starter gun) which will or may be readily converted to expel a projectile by the action of an explosive; (b) the frame or receiver of such a weapon; (c) any firearm muffler or silencer; (d) destructive device such as, but not limited to, a bomb, grenade, rocket, missile, mine, or similar device. 
 
A complete copy of district policy 5008 can be found on the school district website or at 5008 - Weapons on School Property - Policies - Section 5000 - Milford School District (milfordk12.org)   
 
POLICY 5009 - PUPIL SAFETY and VIOLENCE PREVENTION – BULLYING 
 
I.  Definitions of Bullying:
    1. Bullying. Bullying is defined as a single significant incident or a pattern of incidents involving a written, verbal, or electronic communication, or a physical act or gesture, or any combination thereof, directed at another pupil which:
      1. Physically harms a pupil or damages the pupil’s property;
      2. Causes emotional distress to a pupil;
      3. Interferes with a pupil’s educational opportunities;
      4. Creates a hostile educational environment; or
      5. Substantially disrupts the orderly operation of the school.
Bullying shall also include actions motivated by an imbalance of power based on a pupil’s actual or perceived personal characteristics, behaviors, or beliefs, or motivated by the pupil’s association with another person and based on the other person’s characteristics, behaviors, or beliefs.
    1. Cyberbullying. Cyberbullying is defined as any conduct defined as “bullying” in this policy that is undertaken through the use of electronic devices. For purposes of this policy, any references to the term bullying shall include cyberbullying. Electronic devices include, but are not limited to, telephones, cellular phones, computers, and pagers that are able to transmit instant messages, text messages, and websites.
II. Statement Prohibiting Bullying or Cyberbullying of a Pupil
The Board is committed to providing all pupils a safe and secure school environment.  This policy is intended to comply with RSA 193-F.  Conduct constituting bullying and/or cyberbullying will not be tolerated and is prohibited. The District reserves the right to address bullying and, if necessary, impose discipline for bullying that:
  1. Occurs on, or is delivered to, school property, school busses, or a school-sponsored activity or event on or off school property; or
  2. Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.
 III. Statement of False Accusations and/or Prohibiting Retaliation:
  1. False Accusations. A student found to have wrongfully and intentionally accused another of bullying shall be subject to disciplinary consequences and/or interventions designed to address the behavior. A school employee found to have wrongfully and intentionally accused a student of bullying shall be subject to discipline or other consequences to be determined in accordance with applicable law, District policies, procedures and collective bargaining agreements.
  2. Reprisal or Retaliation. The District shall discipline and take appropriate action against any student, volunteer, or employee who retaliates against any person who makes a good faith report of alleged bullying or against any person who participates in a proceeding relating to such bullying. The District shall take appropriate action for any individual who engages in reprisal and/or retaliation in accordance with applicable law, Board policy, and applicable collective bargaining agreements.  Students who engage in this act may be subject to discipline up to and including expulsion.  Employees who engage in this act may be subject to discipline up to and including termination of employment.  Volunteers may be subject to exclusion from school grounds.
  3. Process to Protect Pupils From Retaliation. If the alleged victim or any witness expresses to the Principal/designee or other staff member that he/she believes he/she may be retaliated against, the Principal/designee shall develop a process or plan to protect that student from possible retaliation. Such plans may include warnings, rearranging of class schedules, and eliminating privileges, and other similar strategies.
IV.  Protection of all Pupils:This policy shall apply to all pupils and school-aged persons on school district grounds and participating in school district functions, regardless of whether or not such pupil or school-aged person is a student within the District. 
 
V.  Disciplinary/Intervention Consequences for Violations of This Policy:
The District reserves the right to impose disciplinary measures or interventions against any student who commits an act of bullying, falsely accuses another student of bullying, or who retaliates against any student or witness who provides information about an act of bullying. A complete copy of district policy 5009 and RSA-193-F can be found on the school district website or at 5009 - Pupil Safety and Violence Prevention – Bullying - Policies - Section 5000 - Milford School District (milfordk12.org)  
 
 
POLICY 5013 - USE OF RESTRAINTS AND SECLUSION (JKAA)
  1. Policy Statement.  This policy is designed to help ensure the safety and dignity of all students by limiting and regulating the use of restraint and seclusion only as crisis or emergency responses. Restraint and seclusion of students is prohibited in the District except as described below.
  1.  Definitions. For the purposes of this policy,
  1. "Restraint" means bodily physical restriction, mechanical devices, or any device that immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs. It includes mechanical restraint, physical restraint, and medication restraint used to control behavior in an emergency or any involuntary medication. It is limited to actions taken by persons who are school or facility staff members, contractors, or otherwise under the control or direction of a school or facility.
    1. "Medication restraint" occurs when a child is given medication involuntarily for the purpose of immediate control of the child's behavior.
    2. "Mechanical restraint" occurs when a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body.
    3. "Physical restraint" occurs when a manual method is used to restrict a child's freedom of movement or normal access to his or her body.
    4. “Prone restraint” is a prohibited physical restraint technique which occurs when a child is intentionally placed face-down on the floor or another surface, and the child's physical movement is limited to keep the child in a prone position. For the purpose of this definition, physical restraint that involves the temporary controlling of an individual in a prone position while transitioning to an alternative, safer form of restraint is not considered to be a prohibited form of physical restraint.
    5. Exceptions to definition of restraint. The term "restraint" DOES NOT, however, include:
      1. Brief touching or holding to calm, comfort, encourage, or guide a child, so long as limitation of freedom of movement of the child does not occur.
      2. The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location.
      3. Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a person from falling out of bed, or to permit a child to participate in activities without the risk of physical harm.
      4. The use of seat belts, safety belts, or similar passenger restraints during the transportation of a child in a motor vehicle.
      5. The use of force by a person to defend himself or herself or a third person from what the actor reasonably believes to be the imminent use of unlawful force by a child, when the actor uses a degree of such force which he or she reasonably believes to be necessary for such purpose and the actor does not immobilize a child or restrict the freedom of movement of the torso, head, arms, or legs of any child.
  1. “Dangerous Restraint Technique” are prohibited forms of restraint and/or behavior techniques that include:
    1. Prone restraint, or any other physical restraint or containment technique that:
      1. Obstructs a child's respiratory airway or impairs the child's breathing or respiratory capacity or restricts the movement required for normal breathing;
      2. Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of a child;
      3. Obstructs the circulation of blood;
      4. Involves pushing on or into the child's mouth, nose, eyes, or any part of the face or involves covering the face or body with anything, including soft objects such as pillows, blankets, or washcloths; or
      5. Endangers a child's life or significantly exacerbates a child's medical condition.
    1. The intentional infliction of pain, including the use of pain inducement to obtain compliance.
    2. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a child for the purpose of controlling or modifying the behavior of or punishing the child.
    3. Any technique that unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.
    4. Other forms of physical and medical restraint shall be administered in such a way so as to prevent or minimize physical harm. During the administration of restraint, the physical status of the child, including skin temperature, color, and respiration, shall be continuously monitored. The child shall be released from restraint immediately if they demonstrate signs of one or more of the following: difficulty breathing; choking; vomiting; bleeding; fainting; unconsciousness; discoloration; swelling at points of restraint; cold extremities, or similar manifestations.
  1. "Seclusion" means: the involuntary confinement of a child alone in any room or area from which the child is unable to exit, either due to physical manipulation by a person, a lock, or other mechanical device or barrier, or from which the child reasonably believes they are not free to leave; or, the involuntary confinement of a child to a room or area, separate from their peers, with one or more adults who are using their physical presence to prevent egress.

    The term “seclusion” DOES NOT, however, include: the voluntary separation of a child from a stressful environment for the purpose of allowing the child to regain self-control, when such separation is to an area which a child is able to leave; circumstances in which there is no physical barrier, and the child is physically able to leave; or involuntary confinement of a child to a room or area with an adult who is actively engaging in a therapeutic intervention. A circumstance may be considered seclusion even if a window or other device for visual observation is present, if the other elements of this definition are satisfied.
  1. Training Required.  Under RSA 126-U:5, II, the restraint may only be used/implemented by trained school staff, while 126-U:5-a, II applies the same limitation to the use of seclusion. The Superintendent shall ensure that:
     
    1. each school building has staff who have been appropriately trained in the proper and safe implementation of seclusion or restraint techniques;
    2. each school building has staff who have been appropriately trained and are authorized to assess the mental, emotional, and physical well-being of a student relative to a period of restraint that exceeds 30 minutes in conditions described in E and F, below; and
    3. All employees, designated volunteers and other persons who are required to have criminal history background checks under Board policy GBCD receive general training in the requirements and prohibitions of this policy, as well as basic de-escalation procedures.  Personnel who have only received such general training are not authorized to use restraint or seclusion upon any student.
  1. Procedures for Managing the Behavior of Students.  General procedures for managing student behavior are found in Board policies, District and each school’s Code of Conduct, and student handbooks. Behavior of individual students may be addressed in applicable individualized educational plans, 504 plans, behavior intervention plans, or other such individualized documents.  The Superintendent is authorized to establish additional procedures for managing student behavior and to implement this Policy as needed. Such procedures shall be consistent with all Board policies and all applicable laws or regulations.    The Superintendent is further authorized to establish any other procedures necessary to implement this policy and/or any other legal requirements.

 

  1. Provisions Governing the Circumstances in Which – and Conditions by Which Forms of Restraint May and May Not Be Used.
     
    1. Authorized Use of Restraint.
       
      1. General.
        1. Restraint may only be used by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.
        2. The determination of whether the use of restraint is justified in a specific instance must be made with consideration of all relevant circumstances, including whether continued acts of violence by a child to inflict damage to property will create a substantial risk of serious bodily harm to the child or others.
        3. Restraint may only be used to ensure the immediate physical safety of any person when there is a substantial and imminent risk of serious bodily harm to the student or others.
        4. Restraint shall never be used either explicitly or implicitly as punishment for the behavior of a child.
        5. Restraint will not be imposed for longer than is necessary to protect the student or others from the substantial and imminent risk of serious bodily harm.
        6. Restraint will be discontinued immediately if a child demonstrates signs of one or more of the following: difficulty breathing; choking; vomiting; bleeding; fainting; unconsciousness; discoloration; swelling at points of restraint; cold extremities, or similar manifestations.​​

 

      1. Restraint Periods Exceeding 15 Minutes.  Pursuant to RSA 126-U:11, no period of restraint of a student may exceed 15 minutes without the approval of a supervisory employee designated by the Superintendent or Principal to provide such approval. 

        However, no period of restraint of a student may exceed 30 minutes unless an assessment of the mental, emotional, and physical well-being of the student is conducted by an employee trained and authorized to make such assessments.

        Such assessments shall be repeated at least every 30 minutes during the period of restraint. Each such assessment shall be documented in writing and such records shall be retained by as part of the Written Notification required in Section G.1.c below.​​​​​​
    1. Prohibition of Certain Forms of Restraint.  The use of any dangerous restraint technique as defined in Section A, above, is prohibited. Additionally, medical and mechanical restraints are prohibited except that limited mechanical restraint may be used in transportation as described in and subject to the conditions set forth in paragraph 3, of this Section
    1. Limited Use of Mechanical Restraints During Transportation.  Pursuant to RSA 126-U6, the use of Mechanical Restraints is generally prohibited.  However, RSA 126-U:12 allows the use of mechanical restraint during transportation when case-specific circumstances dictate that such methods are necessary.

      Whenever a student is transported to a location outside the school, the Superintendent or designee will ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort the student in a manner which:
      1. Prevents physical and psychological trauma;
      2. Respects the privacy of the child; and
      3. Represents the least restrictive means necessary for the safety of the child.

Whenever a student is transported using mechanical restraints, the Superintendent or designee will document in writing the reasons for the use of the mechanical restraints as described in Section G.3 below.

    1. Reporting and Notification. Any occurrence or incident or occurrence in which restraint is used shall be followed by reports and notification as described in Section G below. 
       
  1. Use of Seclusion.
     
    1. Circumstances in Which - and Conditions by Which - Seclusion May and May Not Be Used.
      1. Seclusion may only be used by personnel trained in the proper use of seclusion as provided in Section C above.
      2. Seclusion may only be used when a student's behavior poses a substantial and imminent risk of physical harm to the student or others and may only continue until that danger has dissipated.
      3. Seclusion shall only be used after other approaches to the control of behavior have been attempted and been unsuccessful or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child.
      4. Seclusion will not be used explicitly or implicitly as a form of punishment or discipline for the behavior of a student.
      5. Seclusion shall not be used in a manner that unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.
         
    2. Conditions of Seclusion.  When seclusion is permitted under this policy,
      1. it may only be imposed in rooms which:
        1. Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them.
        2. Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located.
        3. Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located.
        4. Are free of any object that poses a danger to the children being placed in the rooms.
        5. Have doors which are either not equipped with locks or are equipped with devices that automatically disengage the lock in case of an emergency. For the purposes of this subparagraph, an "emergency" includes, but is not limited to:
          1. The need to provide direct and immediate medical attention to a child;
          2. Fire;
          3. The need to remove a child to a safe location during a building lockdown; or
          4. ​​​​Other critical situations that may require immediate removal of a child from seclusion to a safe location.
      1. Each use of seclusion shall be directly and continuously visually and auditorily monitored by a person trained in the safe use of seclusion (e.g., in person, window with accommodation for sound, video with audio feed).
    1. Required Use of Co-Regulators.  When seclusion is used, the Principal, or when he or she is not immediately available, her/his designee or the then supervising employee, shall designate a co-regulator to monitor the child and develop a plan to help the child manage their state of regulation and their return to a less restrictive setting.  The co-regulator shall check the child at regular intervals not to exceed 30 minutes between any one interval.  The co-regulator shall be selected and designated in the following order of preference:
      1. A trusted adult selected by the child.
      2. A clinician or counselor trained in trauma informed practices.
      3. A staff member known to have a positive relationship with the child.
      4. A staff member who was NOT involved in the incident that led to seclusion.
    1. Reporting and notification.  Any occurrence or incident in which seclusion is used shall be documented and followed with reports and notification as described in Section G. below.  Multiple incidents of seclusion/restraint may be present within a single occurrence, and should be individually described within the reports and notifications.​​​​
  1. Reporting, Notification and Record Keeping Requirements.   
  1.  Restraint and Seclusion. Whenever restraint or seclusion has been used on a child, the following shall apply:
    1. Immediate verbal report to Principal, designee or then current supervising employee: Immediately after the occurrence of seclusion or restraint and any threat to safety is no longer imminent, the employee who uses seclusion or restraint shall provide verbal notice to the Principal, principal’s designee or other supervising employee on duty.
    2. Initial Notification to Parent/Guardian: Upon receipt of a report of the use of seclusion or restraint, and unless prohibited by court order, the Principal, principal’s designee or other supervising employee who received the immediate verbal report described in Paragraph G. 1a, s/he shall make reasonable efforts to contact the child’s parent or guardian as soon as is practicable, but in no later than the time of the return of the child to the parent/guardian or the end of the business day, whichever is earlier. The form of notice shall be in the manner calculated to give the parent/guardian actual notice of the incident at the earliest possible time.
    3. Written Notification to Superintendent: Within five business days of the use of seclusion or restraint, the employee who used seclusion or restraint on a child, will, with the assistance of the Principal or other employee who received the immediate verbal report (or if the employee is not available, the Principal or other recipient of the immediate report) will submit written notification on the form provided by the New Hampshire Departments of Education and Health and Human Services (the “DOE/DHHS form”) to the Superintendent. In the absence of the availability of the DOE/DHHS form, the submission shall nonetheless be in writing and include all of the information required under RSA 126-U:7, II. The DOE/DHHS form or other writing used will be referred to as the Written Notification.  

      If the use of restraint on a child exceeded 30 minutes, the Written Notification shall also include information pertaining to the assessments described in Section E.1.b above.
    4. Written Information to Parent/Guardian: Unless prohibited by court order, within 2 business days of receipt of the Written Notification, the Superintendent/designee shall send by USPS first class mail, or transmit by electronic means, to the child’s parent/guardian all of the information included in the Written Notification or the Written Notification itself.
    5. Final Investigation and Report: The Superintendent or Superintendent’s designee shall review and investigate each incident of seclusion or restraint for a determination as to whether the use complied with this policy, RSA 126-U and Ed 1201-1203.  After the completion of a reasonable review/investigation, the Superintendent or her/his designee, shall follow the Written Notification with a Final Report of the incident.  The Final Report should include findings and conclusions, the documentary and other physical evidence (or summary of oral evidence), and a description of actions taken in response to those findings and conclusions.
  1. Additional Reporting Required for Injury or Death of a Child Subject to Restraint or Seclusion.  In cases involving serious injury or death to a child subject to restraint or seclusion in a school, the Principal/Superintendent designee shall, in addition to the reports and notifications described above, and in accordance with the provisions of RSA 126-U:7, notify the Commissioner of the Department of Education, the New Hampshire Attorney General, and the New Hampshire Disability Rights Center using the contact information provided by the Department of Education.  Such notice shall include the Official/Written Notification required in Section G.c. above.
  1. Additional Documentation Regarding Use of Mechanical Restraint.   Whenever a child is transported using mechanical restraints, the person(s) completing the Official Report Form/written notification described in G.1.c above, shall include the reasons for the use of mechanical restraints. Such documentation shall be treated and retained as a notification of restraint under RSA 126-U:7.
  1. Documentation for Other Intentional Physical Contact Between Employee and Student.  The following shall apply whenever there is an instance where a school employee or designated volunteer has intentional physical contact with a student in response to a student's aggressive misconduct or disruptive behavior.
     
    1. Notice to parents: the Principal, designee or other supervising employee will make reasonable efforts to promptly notify the student's parent or guardian. Such notification shall be made no later the time of the return of the child to the parent/guardian or the end of the business day, whichever is earlier. The form of notice shall be in the manner calculated to give the parent/guardian actual notice of the incident at the earliest possible time. 
    2. Physical Contact Written Description: Unless the incident is subject to the notice and reporting requirements of Section G.1 above, the Principal shall prepare a written description of the incident (“Physical Contact Written Description”) of the incident within five (5) business days of the occurrence/incident.  The Physical Contact Written Description will include:
      1. The date and time of the incident.
      2. A brief description of the actions of the child before, during, and after the occurrence.
      3. The names of the persons involved in the occurrence.
      4. A brief description of the actions of the facility or school employees involved before, during, and after the occurrence.
      5. A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident.
  1. Circumstances when Reporting/Notification is not Required.  The notification, reporting and record keeping requirements included in this Section G.  are not required in the following circumstances:
    1. When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. If, however, the child is actively combative, assaultive, or causes self-injury while being escorted, then the notification requirements described above are applicable.
    2. When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted.
    3. When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the notification and reporting requirements described above.
  1. Retention of Records.  All reports, notifications and other records created pursuant to this Section, or Sections H, I or J, shall be retained for the term of the student’s enrollment plus three years, unless:
    1. the student is or was a student with an individualized educational program, in which case, the records shall be retained and destroyed in accordance with paragraph B.1 of Board policy  EHB (2327); or
    2. a longer period is required pursuant to instruction by the Department of Education or the Department of Health and Human Services.
  1. Mandatory Reporting of Violations by Others.  Any school employee who has reason to believe that the action of another may constitute a violation of this policy, or the provisions of RSA 126-U, must report the suspected violation to the Principal or Superintendent in accordance with the reporting procedures of Board policy GBEAB.  The conduct giving rise to the suspected violation may well likely require reporting under Board policies Policy JLF (2408) – Reporting Child Abuse or Neglect. 
 
  1. Complaints of Violation of RSA 126-U.   Any individual may file a complaint with the Superintendent’s office alleging a violation of this policy or RSA 126-U. The complainant should be encouraged to file the complaint in writing with the information listed in paragraph 1 below, but if declined, the Superintendent/designee should promptly prepare a written summary of the complaint with such information as could be obtained from the complainant.  The complaint should be made as soon as possible after the incident.  (Note that under Ed 1203.02,  complaints to the New Hampshire Department of Education made more than twelve months after an incident will be dismissed by the Department.)
    1. Complaint Contents. The written complaint or complaint summary should include:
      1. The complainant’s name, unless the complaint refuses;
      2. The date or approximate date of the alleged incident;
      3. The location of the alleged incident;
      4. The name of the child or children subject to the alleged restraint or seclusion, if known;
      5. The name of the school personnel alleged to have restrained or secluded the child, if known;
      6. A description of the alleged restraint or seclusion; and
      7. The date of complaint.
    1. Investigation and Resolution of Complaint. The complaint or grievance will be investigated by the Superintendent, or another person designated by the Superintendent. The Complainant should be contacted no later than 5 business days (excluding school year vacations) following the date of the complaint.

      In most cases, investigation of the complaint should be completed within 20 days following receipt of the complaint. If the Superintendent is not personally conducting the investigation, however, the extension of time must first be approved by the Superintendent. When extra time is required, the reasons for the extension should be included in the final investigative report.

      A written investigative report of the findings and conclusions (whether the complaint is founded or unfounded) should be completed within five days of completion of the investigation. In addition to findings and conclusions, the investigative report must include the documentation of the evidence (or summary of oral evidence) relied upon.

      The Superintendent will contact the complainant within 5 days after the report is completed to discuss the completion of the investigation.  The amount of information provided is dependent on the nature of the complainant and the legal privacy of the concerned parties.   If the complainant is the parent or guardian of the child concerned, the Superintendent may allow the parent/guardian access to the written report in the same manner as any other student record.

      The Superintendent shall take such actions as are appropriate in light of the investigative report, including, without limitation, any mandatory or discretionary reports to outside agencies, employee discipline, ordering further investigation, training, etc.

      Any further review of the original complaint or investigative report will be in accordance with other established processes, e.g., grievance processes within applicable collective bargaining agreements, Board policies relating to complaints such as found in Policy       KE (3575) and GBK (2405).

      The written complaint/complaint summary, the investigative report, evidence and other documents concerning the complaint shall be retained in accordance with Ed 1202.02(e).
  1. Review of IEP or 504 Plan Following the Use of Restraint or Seclusion.  Pursuant to RSA 126-U:14, upon information that restraint or seclusion has been used for the first time upon a child with a disability as defined in RSA 186-C:2, I or a child who is receiving services under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 701, and its implementing regulations, the school shall review the individual educational program and/or Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion.

    If there have been multiple instances of restraint or seclusion of a child with a disability since the last IEP/504 plan review, an additional review shall occur at the request of the parent or guardian of the child.
  1. Prohibition Against Retaliation or Harassment.  No person shall subject any individual to harassment or retaliation for filing, in good faith, a report under this policy, RSA 126-U, or Department of Education Rules Ed 1200.
  1. Dissemination of Policy. A copy of this policy shall be provided to the parent, guardian, or legal representative of each full or part-time student upon enrollment, and annually thereafter printed in each student handbook.  Additionally, the policy will be included on each school’s website and/or the online School Board Policy Manual available to the general public.

NH Statutes

Description

RSA 126-U

Limiting the Use of Child Restraint Practices

RSA 169-C:29-39

Reporting Law

RSA 186-C

Special Education

 

NH Dept of Ed Regulation

Description

N.H. Code of Admin. Rules Chapter 1200

Restraint and Seclusion for Children

 

Federal Statutes

Description

Section 504, 29 U.S.C. 701, et. seq.

Section 504 of The Rehabilitation Act of 1973

 

Reference:      RSA: 126-U, Limiting the Use of Child Restraint Practices

 

A complete copy of district policy 5013 can be found on the school district website or at https://www.milfordk12.org/apps/pages/5013

 

 
SEXUAL HARASSMENT - Preamble
The Milford School District seeks to create and provide an educational environment which promotes an atmosphere of mutual respect.  Such an environment must be free of sexual harassment.
 
Sexual harassment of any employee or student by any other employee or student or by any other person with whom an employee or student may interact to fulfill employment of school responsibilities is prohibited by State and Federal law and will not be tolerated by the Milford School District. 
 
POLICY 5125 - HARASSMENT AND SEXUAL HARASSMENT OF STUDENTS       
Harassment of students because of sex, sexual orientation, gender identity, religion, race, color, creed, ancestry, national origin, age, marital status, familial status, economic status, physical or mental disability is prohibited.  Such conduct is a violation of Board policy and may constitute illegal discrimination under state and federal laws. 
 
Harassment includes, but is not limited to, verbal abuse based on sex, sexual orientation, gender identity, religion, race, color, creed, ancestry, national origin, age, marital status, familial status, economic status, physical or mental disability.  Complaints of bullying and cyberbullying not based on the characteristics described above may be pursued under Board Policy 5009 – Pupil Safety and Violence Prevention: Bullying and Cyberbullying. 
 
Sexual Harassment
Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or pressure to engage in sexual activity, physical contact of a sexual nature, gestures, comments, or other physical, written, graphic, electronic, or verbal conduct that is gender-based and that interferes with a student’s education.  School employees, fellow students, volunteers and visitors to the school, and other persons with whom students may interact in order to pursue school activities are required to refrain from such conduct. 
 
Harassment/sexual harassment of students by school employees is considered grounds for disciplinary action, up to and including discharge.  Harassment/sexual harassment of students by other students is considered grounds for disciplinary action, up to and including expulsion.  The Superintendent will determine appropriate sanctions for harassment of students by persons other than school employees and students. 
 
The Building Administrator, the Superintendent, or the Superintendent’s designee acting on behalf of the Superintendent, will investigate complaints of harassment in accordance with the Student Discrimination and Harassment Complaint Procedure.  School employees, students, and parents shall be informed of this policy/procedure through handbooks and/or other means selected by the school administration. 
 

Legal Reference: Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)

            Section 504 of the Vocational Rehabilitation Act of 1973 (29 USC § 794 et seq.)

            Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.)

            Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d)

            RSA 186:11

            RSA 193:13

            RSA 193:38

            NH Code Admin. R. Ed. 303.01(i) and (j)

            NH Code Admin. R. ed. 317

Cross Reference: Policy 5125-R – Student Discrimination and Harassment Complaint Procedure

            Policy 2401 – Nondiscrimination/Equal Opportunity

                                    Policy 5014 - Hazing             

            Policy 5009 – Pupil Safety and Violence Prevention: Bullying and Cyberbullying

 

 
STAFF CONCERNS AND COMPLAINTS
The procedures and guidelines outlined in this policy shall be utilized to assist in resolving complaints and grievances within the following areas: Alleged Discrimination, Sexual Harassment, Violation of Title IX, Section 504, and any other such complaint and/or dispute, or any alleged violation of District Policy 2405 (2405 - Staff Concerns and Complaints - Policies - Section 2400 - Milford School District (milfordk12.org)).  
 
DISPUTE PROCEDURE
A complaint is an assertion by an individual (“Aggrieved Individual”) that he or she is the victim of a violation, misinterpretation, or inequitable application of District policies, regulations and procedures, existing laws, or other actions that adversely and directly affect the individual personally. Complaint processing should be viewed as a positive and constructive effort which seeks to establish the facts upon which the complaint is based and come to a fair conclusion.  Any person filing a complaint under this policy or who participates in any investigation of any such complaint, will not be discriminated against nor be the subject of retaliation on account of such complaint or participation. 
 
DISPUTE PROCEDURE
Whenever reasonable, an aggrieved individual is encouraged to discuss his/her grievance with the person involved in an attempt to resolve the matter informally.  Should resolution not be achieved, complaints will be processed according to the following procedures: 
 
LEVEL ONE:
  • For complaints of conduct not concerning Sexual Harassment (Sexual Harassment is defined and discussed in Policy 2403), a complaint will be presented orally and informally to the immediate supervisor for review and resolution.
  • Alleged sexual harassment brought forth by an employee will immediately be referred to the Superintendent of Schools and shall move immediately to the immediate supervisor for review and resolution.
  • Alleged sexual harassment brought forth by a student will be brought to the Superintendent of Schools, who may proceed to deal with the complaint as he or she sees fit. The Superintendent may omit any or all step(s) of this procedure. The Superintendent shall take any and all actions he or she deems necessary to keep any student safe from harm.  Employees of the District may not and shall not engage in a sexual relationship with any student currently enrolled in the Milford School District.  Unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct that has sexual connotations, by students or employees, will not be tolerated. Depending upon the circumstances and degree of the harassing behavior, the Superintendent may implement any discipline up to and including discharge or expulsion.  Additionally, some forms of sexual harassment are considered violations of State criminal law and, as such, shall be referred to law enforcement authorities.
 
  LEVEL TWO:
  • If, as a result of the informal meeting(s), the matter is not resolved satisfactorily, the aggrieved person may within twenty (20) business days after the alleged policy violation present his/her grievance in writing to the Chairperson of the Grievance Committee c/o the Superintendent’s Office, specifying the nature of the grievance and dates(s) of the occurrence and the remedy sought.
  • The Grievance Committee consists of the following personnel, and will be gender balanced;
    1. Human Resources
    2. One member from each school is appointed annually by each school’s Leadership Team.
* The Grievance Committee shall make every effort to investigate and resolve the matter as quickly as possible (within 20 business days from the receipt of the written grievance), and the Grievance Committee shall issue a written decision including any corrective action to be taken to the Aggrieved Person. 
 
LEVEL THREE:
  • If the Aggrieved Person is not satisfied with the decision of the Grievance Committee, he or she may appeal the decision to the Superintendent within ten (10) business days after receipt.
  • The Superintendent will, within twenty (20) business days of receipt of the appeal, investigate and render a decision, in writing, to the Aggrieved Person.
 
LEVEL FOUR:
  • If the Aggrieved Person is not satisfied with the decision of the Superintendent of Schools, he or she may appeal the Superintendent’s decision to the School Board within ten (10) business days after receipt.
  • The Board will, within forty (40) business days of receipt of the appeal, investigate and render a decision, in writing, to the Aggrieved Person.
  • The Board’s decision will be considered final.
 
NOTICE OF NON-DISCRIMINATION 
 
The Milford School District does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.  The Milford School District offers 11 CTE pathways in various fields.  Admission to the ATC is available to all Milford High School students as well as any applicant from area schools on a first-come, first-serve basis, with space reserved for out of District students in each program.
 
The following individuals have been designated to handle inquiries regarding the non-discrimination policies:
  • Ms. Karen Langille, Director of Human Resources, Title IX Coordinator
    100 West Street
    Milford, NH 03055
    603-673-2202
    [email protected]
  • Ms. Santina Thibedeau, Executive Director of Student Support Services, Section 504 Coordinator
    100 West Street
    Milford, NH 03055
    603-673-2202
    [email protected]
 
POLICY 2403-R - DISCRIMINATION AND HARASSMENT COMPLAINT PROCEDURE
 
This procedure has been adopted by the Board in order to provide a method of prompt and equitable resolution of student complaints of discrimination or discriminatory harassment as described in policies 2401 - Nondiscrimination/Equal Opportunity and 5125 - Harassment and Sexual Harassment of Students.  Privacy rights of all parties to the Complaint will be maintained in accordance with applicable state and federal laws.  Complaints alleging discrimination or harassment of employees or other third parties (such as parents, volunteers, vendors, etc.) should be addressed through the Board’s Employee and Third-Party Discrimination and Harassment Complaint Procedure. 
 
Definitions
For purposes of this procedure:
  1. A “Complaint” is defined as an allegation that a student has been discriminated against or harassed on the basis of sex, sexual orientation, gender identity, religion, race, color, creed, ancestry, national origin, age, marital status, familial status, economic status, physical or mental disability.
  2.  “Discrimination or harassment” means discrimination or harassment on the basis of sex, sexual orientation, religion, race, color, creed, ancestry, national origin, age, marital status, familial status, economic status, or physical or mental disability. “Discrimination” may include treating individuals differently, or interfering with or preventing them from enjoying the advantages or privileges afforded to others because of their membership in a protected class. Discrimination on the basis of sex shall include acts of “sexual violence,” which refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.  “Harassment” may include oral, written, graphic, electronic or physical conduct relating to an individual’s actual or perceived membership in a protected class that is sufficiently severe, pervasive or persistent so as to interfere with or limit that individual’s ability to participate in the District’s programs or activities by creating a hostile, intimidating or offensive educational environment.
 How to Make a Complaint
  1. Any individual who believes a student has been discriminated against or harassed should report his/her concern promptly to the Building Administrator or the Superintendent’s designee and utilize this complaint procedure. Written reports are preferred, but not required. The Board has provided a model Complaint form, which is available online and in Principal’s offices. Individuals who are unsure whether unlawful discrimination or harassment has occurred or who need assistance in preparing a written complaint are encouraged to discuss the situation with the Building Administrator or the Superintendent’s designee.
  2. School employees are required to report possible incidents of discrimination or harassment of students to the Building Administrator or the Superintendent’s designee.
  3. Students and others will not be retaliated against for making a Complaint or participating in an investigation. Retaliation is illegal under state and federal nondiscrimination laws and any retaliation by students or school staff will result in disciplinary measures, up to and including expulsion or dismissal.
  4. Students are encouraged to utilize this Complaint Procedure. Students also have the right to report complaints directly to the New Hampshire Commission for Human Rights, 2 Chenell Drive, Unit 2, Concord, NH 03301-8501 (telephone: 603-271-2767) the police and/or to the federal Office for Civil Rights, Regional Director, U.S. Department of Education, 5 Post Office Square, 8th Floor, Boston, MA 02110-1491 (telephone: 617-289-0111).
 Complaint Handling and Investigation
  1. Building Administrator or the Superintendent’s designee will respect the confidentiality of the complainant and the individual(s) against whom the Complaint is filed to the extent possible, consistent with the District’s legal obligations, the necessity to investigate allegations of discrimination and/or harassment and take disciplinary action.
  2. The Building Administrator or Superintendent’s designee will promptly inform the Superintendent and the person(s) who is the subject of the Complaint that a Complaint has been received. The information provided to the individual who is the subject of the Complaint may be limited in order to respect the complainant’s request for confidentiality.
  3. Except where the Complaint alleges sexual violence, the Building Administrator or the Superintendent’s designee may pursue a prompt and equitable informal resolution of the Complaint with the agreement of the parties involved. The complainant will not be required to attend meetings with the subject of the complaint, but may choose to do so as part of the resolution process. Any party to the Complaint may decide to end an informal resolution process and pursue the formal process at any point. The informal resolution process and outcome is subject to the approval of the Superintendent, who will consider whether the informal resolution is in the best interest of the parties in light of the particular circumstances and applicable policies and laws.
  4. The Building Administrator or Superintendent’s designee will notify the parent(s) or guardian(s) of the complainant and subject of the Complaint as soon as practicable, but not later than 48 hours after receipt of the Complaint, unless the Building Administrator or Superintendent’s designee has received a written waiver of this obligation from the Superintendent. The Superintendent’s decision regarding whether to waive the 48-hour parent/guardian notification obligation shall be made on a case by case basis and shall be based on his or her determination regarding whether the notification is in the best interests of the complainant and/or the subject of the Complaint.
  5. The Complaint will be investigated by the Building Administrator or the Superintendent’s designee. Any Complaint about an employee who holds a supervisory position will be investigated by a person who is not subject to that supervisor’s authority. Any Complaint about the Superintendent will be submitted to the Chair of the School Board, who should consult with legal counsel concerning the handling and investigation of the Complaint.
  6. The investigation will be initiated as soon as practicable, but not later than five (5) school days after receipt of the Complaint, unless the Superintendent determines that the initiation of the investigation should be delayed and provides the Building Administrator or Superintendent’s designee with a written extension. If such an extension is granted, the Superintendent will notify all involved parties.
  1. The person who is the subject of the Complaint will be provided with an opportunity to be heard as part of the investigation.
  2. The complainant and the subject of the Complaint may suggest witnesses and/or submit materials they believe are relevant to the Complaint.
  3. If the subject of the Complaint is an employee of the District, any applicable individual or collective bargaining contract provisions shall be followed.
  4. The Building Administrator or the Superintendent’s designee shall keep a written record of the investigation process.
  5. The Building Administrator or the Superintendent’s designee may take supportive measures to reduce the risk of further discrimination or harassment while the investigation is pending. Examples of supportive measures include, but are not limited to, ordering no contact between individuals, changing schedules or classes, etc.
  6. The Building Administrator or Superintendent’s designee will use a preponderance of the evidence standard (i.e., more likely than not) when evaluating the evidence and will consult with the Superintendent concerning the investigation, conclusions, and any remedial and/or disciplinary actions.
  7. The investigation will be completed within thirty (30) school days of the initiation of the investigation, unless the Superintendent provides a written extension of up to seven (7) additional school days for completion of the investigation. If such an extension is granted, the Superintendent shall notify all involved parties.
  8. Privacy rights of all parties to the Complaint will be maintained in accordance with applicable state and federal laws.
  1. If the Building Administrator or Superintendent’s designee determines that discrimination and/or harassment occurred, he/she will, in consultation with the Superintendent:
  1. Determine what remedial action, if any is needed to end the discrimination or harassment, remedy its effects, and prevent recurrence.
  2. Determine what disciplinary action should be taken against the person(s) who engaged in discrimination or harassment, if any; and
  3. Within ten (10) school days of the completion of the investigation, inform the complainant and the person(s) who engaged in the discrimination and/or harassment in writing of the results of the investigation and its resolution (in accordance with applicable state and federal privacy laws).
  1. After the conclusion of the investigation, the complainant or the subject of the Complaint may seek an appeal of the findings solely on the basis of either (a) prejudicial procedural error or (b) the discovery of previously unavailable relevant evidence that could significantly impact the outcome, or the investigator’s recommendation. Appeal rights for students disciplined for acts arising under this policy shall be subject to RSA 193:13 and Ed. 317. Appeals must be submitted in writing to the Superintendent within 10 school days of receiving notice of the outcome of the investigation.  If the Superintendent performed the initial investigation or is the subject of the Complaint, the appeal shall be reviewed by the Chairman of the School Board or a designated subcommittee of the School Board.  Upon receipt of a valid appeal, the Superintendent or Chairman/Subcommittee shall review the investigation report and may conduct further investigation if deemed appropriate.  The decision on the appeal shall be provided in writing to the complainant within 21 business days, if practicable.  The decision on appeal shall be final.

Legal Reference:  Americans with Disabilities Act (42 U.S.C. § 12101 et seq.); 28 CFR § 35.107

Section 504 of the Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.); 34 CFR § 104.7

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.); 34 CFR § 106.8(b)

Title VI of the Civil Rights Act of 1964 ((42 U.S.C. § 2000d et seq.)

Family Educational Rights and Privacy Act (20 U.S.C. § 1232g); 34 CFR Part 99

NH Code Admin R. Ed. 303.01(i) and (j)

NH Code Admin R. Ed. 317

RSA 193:13

RSA 193:38

RSA 186:11

Cross Reference: Policy 2401 - Nondiscrimination/Equal Opportunity

Policy 5125 - Harassment and Sexual Harassment of Students

 
A complete copy of district policy 2405 can be found on the school district website or at 2405 - Staff Concerns and Complaints - Policies - Section 2400 - Milford School District (milfordk12.org) 
 
 
 
 
 
 
 
Page Contents
 
SAFE SCHOOL ZONE LAW, SAFE SCHOOL ZONES
 
NO SMOKING POLICY
 
DRUG AND ALCOHOL POLICY
 
DRUG-FREE 
SCHOOL ZONES
 
STUDENT DISCIPLINE
AND DUE PROCESS
(JICD)
 
WEAPONS ON
SCHOOL PROPERTY
 
PUPIL SAFETY and VIOLENCE PREVENTION
 
USE OF RESTRAINTS and SECLUSION
 
SEXUAL HARASSMENT - Preamble
 
HARASSMENT AND
SEXUAL HARASSMENT
OF STUDENTS
 
STAFF CONCERNS
AND COMPLAINTS
 
DISPUTE PROCEDURE
 
NOTICE OF
NON-DISCRIMINATION
 
STUDENT DISCRIMINATION
AND HARASSMENT
COMPLAINT
PROCEDURE