Staff and Student Conduct of Behavior
The Superintendent or designee shall assure that children are disciplined in a developmentally appropriate manner while protecting the rights of all children and staff to be in a physically safe environment.
1.0 Early Childhood Education Program Personal Rights
The Board of Trustees recognizes the district's responsibility to educate students and parents about their personal rights, as well as the dangers of child abuse and so that they will acquire the skills and techniques needed to identify unsafe situations and to react appropriately and promptly.
The district's instructional program shall include age-appropriate and culturally sensitive personal rights and child abuse prevention curriculum. This curriculum shall explain students' right to live free of abuse, inform them of available support resources, and teach them how to obtain help and disclose incidents of abuse.
1.1 Definition of Personal Rights
Each child receiving services from an Early Childhood Education Program shall have rights which include, but are not limited to, the following:
a) To be accorded dignity in his/her personal relationships with staff and other persons.
1. A child will not witness others being treated without dignity and respect.
2. A child will not be exposed to others speaking in harsh or demeaning tones.
b) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
c) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including but not limited to: interference with daily living functions, including eating, sleeping, or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
1. A child will not be threatened with the loss of an activity or privilege if they do not comply with a direct request.
2. A child will not be placed in time-out or isolated from the group.
3. A child will be given the opportunity to rest or nap; a child will not be forced to nap.
4. A child will be given the opportunity to eat; a child will not be forced to eat.
5. A child will not be physically forced (pushed or pulled) to a specific area or activity.
d) To be informed, and to have his/her authorized representative, if any, informed by the licensee of the provisions of law regarding complaints including, but not limited to, the address and telephone number of the complaint receiving unit of the licensing agency and of information regarding confidentiality.
e) To be free to attend religious services or activities of his/her choice and to have visits from the spiritual advisor of his/her choice. Attendance at religious services, either in or outside the facility shall be on a completely voluntary basis. In Early Childhood Education Programs, decisions concerning attendance at religious services or visits from Spiritual advisors shall be made by the parent(s), domestic partner(s), or guardian(s) of the child.
f) Not to be locked in any room, building, or facility premises by day or night.
g) Not to be placed in any restraining device, except a supportive restraint approved in advance by the licensing agency.
1.2 Classroom teachers shall use positive, nonviolent, guidance methods for achieving discipline, including:
a) Positive verbal redirection
b) Logical consequences
c) Positive reinforcement, behavioral supports
d) When there is a threat of immediate harm - brief verbal disapproval
e) Guidance by adult supervisors to direct child to acceptable choices
1.3 Acts of intentional and unintentional physical aggression by a child shall be addressed as follows:
a) Separation of the children involved
b) Attention to all involved children, including first aid
c) Completion of the Unusual Incident/Injury report, if necessary
d) Notification to parent of children involved in the incident
1.4 Repeated incidents of aggression shall be addressed as follows:
a) Teacher notification to program administrator and parent
b) Implementation of the Student Study Team process
c) A behavior plan may be developed by the teacher, school psychologist, and parent.
d) The behavior plan must be implemented as written for the indicated period of time.
e) The program administrator may consider temporary removal of the child from the program if the behaviors are determined to compromise the safety of the individual child, other children, and/or staff members, regardless of the status of the behavior plan or SST process.
f) Permanent removal of the child from the program will be considered after completion of the SST process and if it is determined that no handicapping condition exists that indicates the behavior is a manifestation of the child's disability.
1.5 Suspected act of child abuse or incident that threatens the safety of a Head Start child:
a) Any act committed by employee of Head Start that violates the Health and Safety Code and the Head Start Performance Standards, whether due to carelessness or intentional disregard of the health, safety, and personal rights of its students, shall not be tolerated by the grantee (LACOE). Violations of this policy may lead to restrictions and penalties including, but not limited to, suspensions and termination of our contract with LACOE.
b) All acts or threats of violence or violation of care and supervision by an employee against any pupil or child enrolled in Head Start will not be tolerated and shall subject the employee to discipline.
2.0 Early Childhood Education Program Personal Rights Violation Reporting
The Board recognizes that a violation of a child's Personal Rights has severe consequences and that the district has a responsibility to protect students by facilitating the prompt reporting of known and suspected incidents. The Superintendent or designee shall establish procedures for the identification and reporting of such incidents in accordance with law.
The Superintendent or designee shall provide training regarding the reporting duties of mandated reporters.
Mandated reporters must report to Community Care Licensing (and LACOE if the incident occurred in a Head Start classroom) within 24 hours of an incident. A paper report must be submitted and received by Community Care Licensing within seven days of the incident.
Mandated reporters must not investigate any suspected incidents but rather shall cooperate with agencies responsible for investigating and prosecuting cases of child abuse and neglect.
If an employee of the district is being investigated then that employee will be placed on administrative leave until the investigation is complete.
2.1 Reporting Procedures for Violations of Personal Rights
a) Initial Telephone Report
Immediately after knowing or observing suspected violation of personal rights of a child, a mandated reporter shall make an Unusual Incident Report by telephone to Community Care Licensing
Community Care Licensing
Los Angeles Northwest Regional Office
6167 Bristol Parkway Suite 400 MS:29-09
Culver City, CA 90230
(310) 337-4333
When the telephone report is made, the mandated reporter shall document on the Unusual Incident Report the name of the official contacted, the date and time contacted, and any instructions or advice received.
b) Written Report
The mandated reporter will complete the Unusual Incident Report and it needs to be received by Community Care Licensing within seven days of the incident.
c) Internal Reporting of Violations of Personal Rights
Employees must report all incidents to the Director or Coordinator immediately following the initial telephone report to the appropriate agency. When so notified, the Director or Coordinator shall inform all outside agencies associated with the program (LACOE, LAUP, State Preschool, etc.).
The Director or Coordinator shall provide the mandated reporter with any assistance necessary to ensure that reporting procedures are carried out in accordance with law, Board policy and administrative regulation. At the mandated reporter's request, the Director or Coordinator will be available to assist in completing and filing the necessary forms.
The mandated reporter must provide a copy of the written report to the Director or Coordinator.
Reporting the information to an employer, supervisor, school principal, school counselor, co-worker, or other person shall not be a substitute for making a mandated report to the appropriate agency.
2.2 Parent/Guardian Complaints
The Director or Coordinator shall provide parents/guardians with procedures that describe how to report suspected violations of personal rights or child abuse occurring at a school site to appropriate agencies.
To file a complaint against a district employee, parents/guardians may file a report by telephone, in person or in writing with any appropriate agency identified above under "Reporting Procedures." If a parent/guardian makes a complaint to any district employee, that employee shall notify the parent/guardian of procedures for filing a complaint with the appropriate agency. The employee will be placed on administrative leave and not allowed to work with children until the investigation is complete.
3.0 Head Start Guidelines
In order to ensure that all children are supervised at all times while under the care of the LACOE the following procedures are included:
1. There must be language in personnel standards of conduct requiring children to be supervised at all times while under their care, as require by performance standard 1304.52 (h).
2. Personnel Policies, Teacher, Staff and Parent handbooks must describe the agencies Positive Child Guidance procedures and must specifically state that there will be no use of corporal punishment or other forms of punishment that involve emotional of physical abuse or humiliation, as required by 1304.52(h)(iv).
3. Each agency must have a child abuse reporting procedure which includes making reports for incidences that occurred at home or in the center regardless of the suspected abuser (family, staff or another child). These procedures must include a process (with persons responsible and timelines) for staff to follow when making a report and follow-up and support that will be provided (to child, family and/or staff).
4. Policies and Procedures for "Transitions within Early Head Start/ Head Start/State Preschool" must address how staff is to ensure visual supervision and accountability for all children during transitions for children during day. For example: How will staff ensure that all children are visible at all times to staff, accounted for during transitions from inside to outdoor activities and from school to home, etc.
5. Field Trip and Community Trip Procedures address head counts and supervision of assigned children.
6. Bus Riding procedures address counting children present at classroom exit, bus entrance, site departure and arrival, etc.
7. Each of the procedures mentioned must be cross-referenced in all applicable agency procedures.
8. There must be policies and procedures for staff to report unusual incidents to their supervisors and agency managers.
9. There must be a clear written process of communication between classrooms and the main office and between the main office and staff and children who are on field trips.
9a. Emergency procedures must include directions to staff on requirements for reporting any child left unattended and the action required.
10. All staff must be informed of the new policies and provided with training and support as these are implemented.
Reference:
Education Code 44807 Duty concerning conduct of pupils
Penal Code 11165 Child Abuse and Neglect Reporting Act
LACOE Board Policy 4029 Acts or Threats of Violence 7360.5 P
LACOE Board Policy 4020 Dismissal, Suspension, or Demotion for Cause
LACOE Head Start Board Policy 7360.5
Head Start Performance Standard- 1304.52(h) Standards of Conduct
(1) Grantee and delegate agencies must ensure that all staff, consultants, and volunteers abide by the program's standards of conduct. These standards must specify that:
i. They will respect and promote the unique identity of each child
ii. They will follow program confidentiality policies
iii. No child will be left alone or unsupervised while under their care; and
iv. They will use positive methods of child guidance
(2) Personnel policies and procedures must include provisions for appropriate penalties for violating the standards of conduct.
45 CFR 1304.22 Child Health and Safety, Department of Social Services Community Care Licensing (CCL) Evaluation
CCL Title 22- 101229(a) Responsibility for Providing Care and Supervision
No child(ren) shall be left without the supervision of a teacher at any time, except as specified in sections 101216.2(e) (an aide 18 years and older, who has 6 ECE units, may escort and/or assist children going to the bathroom, and may supervise napping children without being supervised by a teacher) and 101230(c)(1)(an aide 18 years and older, may supervise up to 24 napping children in place of a teacher). Supervision shall include visual observation.
Exhibit LANCASTER SCHOOL DISTRICT
version: October 6, 2009 Lancaster, California