REPORTS OF DANGEROUS BEHAVIOR BY STUDENTS
NEPN/NSBA Code: JLI
This policy describes the process to address reported incidents of dangerous behavior that are directed against school staff by students on school grounds or at school activities, in accordance with 20-A M.R.S.A. § 6555. Any report of dangerous behavior by a student that is not directed against school staff should be reported directly to the Principal/designee to be addressed through applicable student conduct policies/procedures.
For the purpose of this policy, “dangerous behavior” means student behavior on school grounds or at school activities – including field trips, interscholastic competitions, and any co- or extra-curricular activities held at Yarmouth School facilities or at other sites – when the behavior harms or presents a risk of harm to students or others.
For the purpose of this policy, “assigned school employee” means a Yarmouth School Department employee chosen by the local president of the bargaining unit of the staff member allegedly subjected to the dangerous behavior.
Step One: All reports of dangerous behavior by students addressed by this policy must be set forth in writing on form JLI-E. The person completing the report must either have first-hand knowledge of the incident or be assisting a person with first-hand knowledge of the incident. Anonymous reports shall not be addressed through this process, but the Principal/designee has the discretion to follow up on anonymous reports, based on the specific circumstances.
Step Two: If it is determined that the report should be addressed under this policy, the Principal/designee and Association president or building representative shall review the reported incident within a reasonable amount of time (suggested less than one week). The assigned Yarmouth School Department employee may not be the staff member who is the subject of the report.
Step Three: The principal/designee will investigate the incident. Personally identifiable information about the student learned during this investigation will be shared with the assigned public employee to the extent that doing so comports with the requirements of FERPA (legitimate educational interest, health and safety emergency). The assigned public employee shall not redisclose such information to any non-school employee and may only redisclose such information with approval from the building administrator to another school employee if the other employee has a legitimate educational need for the information or another exception to parental consent exists.
Step Four: If the incident is substantiated as dangerous behavior (whether or not there was injury or harm), the principal/designee will consult with the staff member who was subjected to the behavior (if applicable) in the development of a response plan aimed at supporting safe behavior.
Step Five: If the student has an Individualized Education Program (IEP) or educational plan under Section 504, the principal/designee will consult with the appropriate person (Director of Instructional Support or Section 504 Coordinator) to ensure the individualized response plan does not conflict with the student’s existing IEP or 504 plan, including any positive behavior intervention plan.
An individualized response plan may include, but is not limited to, the following:
1. Appropriate discipline consistent with the student code of conduct and/or other applicable policies, with consideration of interventions that could minimize the necessity of suspension and/or expulsion;
2. Counseling and guidance services;
3. Positive behavioral interventions designed to address the consequences of possible trauma;
4. Support and training for students and staff members;
5. Restorative interventions (school practices designed to strengthen relationships, improve connections to school, and promote a strong sense of accountability);
6. Training for employees who interact with the student; and,
7. Adequate staffing and professional development necessary to implement the plan.
Dispute Resolution Process: If an employee was subjected to dangerous behavior and that employee is covered by a collective bargaining agreement, a dispute arising out of the incident of dangerous behavior is subject to the dispute resolution process of the collective bargaining agreement.
Sick Leave: Time away from work will not count against an employee’s accrued sick leave if the time away from work is due to an injury caused by dangerous behavior under this policy and a physician has determined that the employee is unable to work as a result of the injury sustained. The employee must provide written documentation from a health professional that verifies they are unable to work as a result of the injury sustained.
Legal Reference: 20-A MRSA §§ 1001 (15-A); 6555
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
JICK – Bullying
Adopted: February 8, 2024
Revised: February 13, 2025