View
 

Legal Page

Page history last edited by emanuel betz 3 months, 3 weeks ago

This screencast gives an overview of the 21c legal framework.  Directors and other leaders should be familiar with its contents.

 

 Legal Issues: Federal, State and Local rules and regulations 

 

1. Overall :  Nation of laws at the national, state, and local level

    Laws are in statute

    Regulations are rules set by Departments

    Standards are criterion set for practice and as a basis for a rule

    Guidelines are principles used to determine policy or courses of action

 

2.Legislation

     -Purpose  http://www2.ed.gov/policy/elsec/leg/esea02/pg55.html

3.USDOE rules

     -Guidance...AllowableCosts (9).doc

4.State Law

     -1. Title 33: Licensure is optional

     -2. Act 87 of 2010: Must use federal snack program reimbursement system.

    - 3. Misc education bill.. 16 V.S.A. § 563(11)(B)

     The third area  regards the public warning law for local school budgets where if districts overspend, they have to warn their      public budgets as 2 articles.  21c funds are not included in this calculation.  Therefore, there is no disincentive for local      communities to support their afterschool programs as they see fit.

 

5.VTDOE standards  Safety and Health link  School_age_Regs.pdf , Peer Review Process self assessment standards at:

   http://education.vermont.gov/new/html/pgm_federal/21st_CCLC.html  

6.VTDOE guidelines...21stCCLC Data Usage Guidelines.docm

    or..ie. "All children will be able to participate regardless of ability to pay."

7. Approved Applications and Amendments

8. Local Policies and Procedures

9. Expenditures Must be reasonable and necessary, allowable and allocable.

 

Additions:

 

10. FERPA:  Federal Education Rights and Privacy Act of 1974 governs use of student's education data and records.

Mandated Reporters of Child Abuse-Your responsibility:  http://dcf.vermont.gov/fsd/reporting_child_abuse/mandated_reporters

 

11. ACT 1: AN ACT RELATING TO IMPROVING VERMONT’S SEXUAL ABUSE RESPONSE SYSTEM

 

 The DOE and DCF were required to develop resources to help school communities build local capacity to provide this information to their staff.  Commit to Kids was distributed to all building principals in November.  This dvd includes a 35 minute video which, through stories, identifies how offenders groom and is designed to use with youth serving organizations.  In addition, it includes a resource guide which provides guidance as to what policies and procedures schools should be looking at to help prevent child sexual abuse. It really is good food for thought. If you would like a copy, please contact Priscilla White at priscilla.white@state.vt.us.

 

DCF has developed Protect Kids, which is designed for parents, guardians and other interested persons.  In addition DCF has developed a community outreach plan called STEP UP, which you might have seen on television or heard on the radio. Both are available on the Protect Kids website of DCF: http://dcf.vermont.gov/protectkids/

 

We have encouraged schools to send teams (administration, SAP, school counselor, nurse, health educator, social worker) to trainings that were offered throughout the fall and begin to develop a plan as to how they will roll out this information.  Considering the alarming statistics that 1 in 4 girls and 1 in 6 boys have been victims of sexual abuse by the age of 18 and that some of the staff might also have been victims, so schools need to move carefully and thoughtfully.  In addition, it is my understanding that about 1/3 of the identified offenders are under the age of 21 which means that there are offenders within the school.  One suggestion that I would make is for the person in charge of the afterschool program to identify who within the building is involved in this work and have a conversation around what has been done (if it has) and what would be the best way to provide this information to people involved in the afterschool program.

 

Please feel free to share my name as a contact.

 

Donna Mc Allister

Health Education Consultant

Vermont Department of Education

120 State Street

Montpelier, VT 05620

 

This highlights some of the legislation that impacts schools.  For the complete legislation, visit: http://www.leg.state.vt.us/docs/2010/Acts/Act001.pdf

 

Section 1.  LEGISLATIVE INTENT

 

Section 2. COMPREHENSIVE STATEWIDE APPROACH TO THE PREVENTION OF CHILD SEXUAL ABUSE

 

(a)Prevention is the most important and most often overlooked tool available to the state to fight sexual violence against children.  While there are a number of programs and organizations developed to raising awareness about sexual abuse of children, a coordinated and properly funded statewide approach is needed to ensure that we are devoting appropriate resources and programming to stopping abuse before it happens, not just responding to the crime. The Vermont approach, Vermont’s strategic plan for comprehensive collaborative sexual violence prevention, should continue to be supported in the efforts to prevent sexual violence.  Proper funding will increase the state’s ability to fight child sexual abuse and to provide needed services to victims and communities.

 

 Sec. 3. 16 V.S.A. § 131 is amended to read:

 

§ 131. DEFINITIONS

For the purposes of this subchapter: “Comprehensive , “comprehensive

health education” means a systematic and extensive elementary and secondary

educational program designed to provide a variety of learning experiences

based upon knowledge of the human organism as it functions within its

environment. The term includes, but is not limited to, a the study of:

 

(11) How to recognize and prevent sexual abuse and sexual violence,

including developmentally appropriate instruction about promoting healthy and

respectful relationships, developing and maintaining effective communication

with trusted adults, recognizing sexually offending behaviors, and gaining

awareness of available school and community resources.

 

 

Sec. 9. 16 V.S.A. § 563a is added to read:

§ 563a. SCHOOL BOARDS; PREVENTION, IDENTIFICATION, AND

REPORTING OF CHILD SEXUAL ABUSE AND SEXUAL

VIOLENCE

The school board of a school district shall ensure that adults employed in

the schools maintained by the district receive orientation, information, or

instruction on the prevention, identification, and reporting of child sexual

abuse, as defined in subdivision 4912(8) of Title 33, and sexual violence. This

shall include information regarding the signs and symptoms of sexual abuse,

sexual violence, grooming processes, recognizing the dangers of child sexual

abuse in and close to the home, and other predatory behaviors of sex offenders.

The school board shall also provide opportunities for parents, guardians, and

other interested persons to receive the same information. The department of

education and the agency of human services shall provide materials and

technical support to any school board that requests assistance in implementing

this section.

 

Sec. 5. 16 V.S.A. § 255 is amended to read:

§ 255. PUBLIC AND INDEPENDENT SCHOOL EMPLOYEES;

CONTRACTORS

(a) Superintendents, headmasters of recognized or approved Vermont

independent schools, and their contractors shall request criminal record

information for the following:

(1) The person a superintendent or headmaster is prepared to

recommend for any full-time, part-time or temporary employment

(2) Any person directly under contract to an independent school or

school district who may have unsupervised contact with school children.

(3) Any employee of a contractor under contract to an independent

school or school district who is in a position that may result in unsupervised

contact with school children.

(4) Any student working toward a degree in teaching who is a student

teacher in a school within the superintendent’s or headmaster’s jurisdiction.

 

Sec. 7. VOLUNTEERS; STUDY

The commissioner of education shall examine ways to ensure that students

are not placed in situations where they may be vulnerable to sexual

exploitation or abuse without creating barriers that make it impossible or

impractical for volunteers to assist school staff. The commissioner shall

propose mechanisms for ensuring that registered sex offenders do not have

unsupervised contact with students as volunteers. On or before January 15,

2010, the commissioner shall submit recommendations to the house and senate

committees on education and on judiciary.

 

 

Comments (0)

You don't have permission to comment on this page.