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 directed at school staff on school grounds or at school activities when the behavior harms or presents a risk of harm to school staff.
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 shall contact the president of the bargaining unit for the staff member allegedly harmed or threatened by the student behavior but shall not disclose personally identifiable information about the student. The Association president or building representative may review the reported incident with the Principal. The assigned Yarmouth School Department employee may not be the staff member who is the subject of the report.
Step Three: The Principal/designee shall meet with the assigned school employee to review the written report of the alleged dangerous behavior and to discuss possible avenues to be pursued by the Principal investigating the report. This review shall not include consideration of the student’s educational record. If any personally identifiable information about the student must be disclosed to the assigned school employee, the employee must keep that information confidential.
Step Four: The Principal/designee shall undertake an investigation, as they deem appropriate in light of applicable law and policies, of the alleged dangerous behavior, which shall include interviewing the staff member subjected to the behavior being investigated, interviewing the students involved, interviewing any witnesses with first-hand knowledge of the incident, and considering any other evidence relevant to the allegation.
Step Five: After the investigation, if the Principal determines that the alleged dangerous behavior did not occur or did not constitute “dangerous behavior” as defined by this policy, they shall notify in writing both the staff member who was the subject of the report and the assigned school employee that the report was not substantiated. If further action regarding the behavior at issue is otherwise warranted, the Principal will determine the appropriate steps to follow under applicable policies/procedures.
Step Six: If the Principal determines that the student engaged in dangerous behavior covered by this policy, the Principal shall develop an individualized response plan intended to avoid future dangerous behavior by the student. The Principal shall consult with the staff member who was subjected to the dangerous behavior for their input and opinion on what should be included in the individualized response plan. The Principal makes the final determination on the content of that 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.
If the dangerous behavior was committed by a student with a disability, or a student in a disability-referral process, the Principal must consult with the Director of Instructional Support to ensure that the individualized response plan does not in any manner violate state and federal special education or other disability laws and is fully consistent with the student’s IEP, 504 plan, and/or educational placement. The Principal and the Director of Instructional Support may also determine whether the dangerous behavior should be referred to the student’s IEP or 504 team.
Step Seven: Upon completion of the individualized response plan, the Principal shall notify in writing the staff member who was subject to the dangerous behavior that the behavior was substantiated and that an individualized response plan has been developed for the student in question. Details of the individualized response plan may be shared with the staff member to the extent that the staff member is affected by its terms.
Legal Reference: 20-A MRSA §§ 1001 (15-A); 6555
Cross Reference: ACAA - Harassment and Sexual Harassment of Students
JICK – Bullying
Adopted: February 8, 2024