Student Handbook - Legal
Due Process
The Code of Conduct of the Worcester Public Schools is administered within the framework of the United States Constitution and federal and state laws and regulations with regard to due process for students. The Code of Conduct is intended to be administered for disciplinary infractions that occur on school grounds or at school-sponsored events (on and off school grounds) OR for disciplinary infractions that occur off school grounds but substantially disrupt the educational environment or create a hostile environment at school. The Code of Conduct applies during remote learning opportunities and events.
The Worcester Public Schools adheres to the Student Discipline Laws and Regulations as set forth in MGL c. 71 §§37H, 37 H½ and 37 H ¾ and 603 CMR 53.00 et seq.
Nondiscrimination - Equal Opportunity/Affirmative Action/Title IX
ADA Title I Section 504/Chapter 622 Grievance Procedure
The Worcester Public School District is committed to providing all students with a safe learning environment that is free from bullying, harassment, and discrimination. This commitment is an integral part of our comprehensive efforts to promote learning, and to prevent and eliminate all forms of bullying, harassment, discrimination and other harmful and disruptive behavior that can impede the learning process.
Concerns regarding the following may be reported to the appropriate officer/WPS Staff:
Title II & VI- Marie Morse 508-799-3644
Title IX - Triada Frangou-Apostolou 508-799-3020
504- Tom Toney 508-713-7466
Equal Opportunity/Affirmative Action- Yue Kue 508-799-3502
Sexual Harassment
All persons associated with the Worcester Public Schools including, but not necessarily limited to, the Committee, the administration, staff, and students, are expected to conduct themselves at all times so as to provide an atmosphere free from sexual harassment. Any person who engages in sexual harassment while acting, as a member of the school community, will be in violation of this policy. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating in an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated.
Since the Worcester School Committee takes allegations of sexual harassment seriously, we will respond promptly and equitably to complaints of sexual harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action, where appropriate.
When a complaint or report of sexual harassment is made under this school’s policy, the Title IX Coordinator (or designee) will: (1) confidentially contact the complainant to offer supportive measures, consider the complainant’s wishes with respect to supportive measures, and inform them of the availability of supportive measures with or without filing a formal complaint; (2) explain the process for how to file a formal complaint; (3) inform the complainant that any report made in good faith will not result in discipline; and (4) respect the complainant’s wishes with respect to whether to investigate unless the Title IX Coordinator determines it is necessary to pursue the complaint in light of a health or safety concern for the community.
Please note that while this policy sets forth our goals of promoting a workplace and school environment that is free of sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace or school conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.
Anti-hazing Law (G.L. c. 269)
Section 17
Section 17. Whoever is a principal organizer or participant in the crime of hazing,as defined herein, shall be punished by a fine of not more than $3,000.00 or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.
The term “hazing” as used in this section and in Sections 18 and 19, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.
Section 18
Section 18. Whoever knows that another person is the victim of hazing as defined in Section 17 and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to their self or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than $1,000.00.
Section 19
Section 19. Each institution of secondary education and each public and private institution of post-secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and Sections 17 and 18; provided, however, that an institution’s compliance with this section’s requirements that an institution issue copies of this section and Sections 17 and 18 to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution’s recognition or endorsement of said unaffiliated student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of this section and Sections 17 and 18 to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgment stating that such group, team or organization has received a copy of this section and said Sections 17 and 18, that each of its members, plebes, pledges or applicants has received a copy of Sections 17 and 18 and that such group, team or organization understands and agrees to comply with the provisions of this section and Sections 17 and 18.
Each institution of secondary education and each public or private institution of post-secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full-time student in such institution a copy of this section and Sections 17 and 18.
Each institution of secondary education and each public or private institution of post-secondary education shall file, at least annually, a report with the board of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and Sections 17 and 18 and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution’s policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.
Child Abuse
MGL c. 119, §§51A and 51B govern the reporting of child abuse and neglect and require all professional school employees to report suspected cases of abuse of students to the Department of Children and Families.
Worcester Public Schools' policy requires personnel to inform the caregivers when there is an indication of a student's self-destructive behavior. The purpose of this is to alert the caregivers about the student's possible need for additional support and/or treatment.
Related to this requirement, a 51A report will be filed by school authorities when a caregiver ignores the school staff’s efforts to involve the caregiver in a perceived need of the child requiring special education, counseling, or emergency medical attention.
Drug Free School Zones
Any person who distributes or possesses with intent to distribute any controlled substance as defined by Massachusetts General Laws Chapter 94C within one thousand feet of Worcester Public Schools' property, whether or not school is in session, shall be subject to punishment by imprisonment of not less than two nor more than fifteen years. In addition, a fine of not less than one thousand or more than ten thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment as established by law.
Gun Free School Zones MGL c.269 §10(j)
MGL c. 269 §10(j) prohibits anyone who is not law enforcement from carrying a gun or dangerous weapon on the grounds of any school (elementary, secondary, college or university). This prohibition is applicable regardless of whether or not an individual possesses a valid license to carry.
Education of Homeless Children
The Worcester Public Schools complies with all requirements of the McKinney-Vento Homeless Assistance Act (Subtitle B – Education for Homeless Children and Youth) reauthorized in January, 2002 and the amendments to this act under the Every Student Succeeds Act (ESSA) of 2015. The Worcester Public Schools will:
Establish safeguards that protect homeless students from harassment and/or discrimination on the basis of their homelessness
Ensure that all children and youth will receive a free appropriate public education and are given meaningful opportunities to succeed in our schools
Inform caregivers/students of their right to appeal the district’s enrollment or transportation decisions to the Commissioner of the Department of Elementary and Secondary Education or their designee, consistent with the Homeless Education Advisory 2003-7; McKinney-Vento Homeless Education Dispute Resolution process
Follow the requirements of the McKinney-Vento Act
When a family is enrolling a student or students in school or changing an address, but is unable to provide the usual form of address verification, or is sharing housing with others or is temporarily sheltered in some other alternative arrangement, the family member will be asked to verify the current living situation on the Student Address Verification Form so as to determine whether the student(s) is/are eligible under the McKinney-Vento Homeless Assistance Act for required supplementary supportive services and legally mandated exemptions from certain enrollment requirements. In keeping with these requirements:
Homeless students have a right to either remain in their school of origin or to attend school where they are temporarily residing, assuming transportation arrangements are feasible and are in the best interest of the student;
Students who choose to remain in their school of origin have the right to remain there until the end of the school year in which they get permanent housing;
Students who choose to enroll in school where they are temporarily residing must be enrolled immediately, even if they do not bring the records usually required for enrollment with them;
If a homeless student arrives without records, the student will be enrolled immediately and the district’s designated Homeless Education Liaison must assist the family and contact the previously attended school system to obtain the required records;
To the extent feasible, transportation will be provided for students in order to maintain continuity of their attendance in a single school over the course of the school year;
When a student is residing outside of the city due to circumstances related to homelessness (in accordance with the statutory definition of “homeless”) efforts will be coordinated with the district where the student is temporarily residing to provide transportation to the school of origin if this is the preference of the caregivers and student;
Persons living in battered person’s shelters or a safe house can give school officials the Post Office Box or mailing address of the shelter office, along with verification from the shelter director that the children are residing in that facility in lieu of the street address. Transportation arrangements will be made in a manner that seeks not to disclose such shelter addresses.
Questions or concerns regarding issues pertaining to homeless students should be referred to the Office of Social and Emotional Learning at (508) 799-3175.
Policy on Caregivers Notification Relative to Sexuality Education
In accordance with Massachusetts General Laws Chapter 71, Section 32A, the School Committee has adopted the following policy:
At the beginning of each course, all caregivers of students in the Worcester Public Schools will be notified in writing of the courses and curriculum offered that primarily involve human sexual education or human sexuality issues. At Know Your School Night, a teacher or school representative will be available to answer any questions about the curriculum and delivery. The caregivers notice will include the date and time for a caregiver meeting to be held at the school.
At the caregiver meeting, the school's health teacher will describe the course in detail and answer questions/concerns which caregivers may have about course content and delivery.
At the time of enrollment, principals will give this written notice to caregivers of those students who enroll in school after the start of the school year.
If the school's curriculum changes during the school year, to the extent practicable, caregivers will be notified of this fact in a timely manner before changes are implemented. For more information regarding the 3Rs health education curriculum, visit the Worcester Public Schools Sexual Health Education Curriculum webpage.
Each written notice sent to caregivers will include a brief description of the curriculum covered by this policy and will inform caregivers that they may:
Exempt their child from any portion of the sexual health 3R’s curriculum that primarily involves human sexuality issues, without penalty to the student's grades or academic standing. Caregivers who request to exempt their child can send to their child's principal a letter or the reply form attached to the caregiver notice. The caregiver should specify the specific 3 R’s sexual health curriculum topics from which the child is to be exempted. Any student who is exempted by request of the caregiver under this policy will be given an alternative assignment or a directed study period for the duration of the exemption.
Inspect and review program instructional materials for these curricula, which will be made reasonably accessible to caregivers and others to the extent practicable. Caregivers may arrange with the principal to review the materials at the school, and you may review through the Office of Teaching and Learning, 20 Irving Street, 508-799-3115.
A caregiver, dissatisfied with the process for notice, the access to instructional materials, or the exemption for a student under this policy will follow the Procedures for Resolving School-Related Problems as described in this Policy Handbook.
After following the school district's problem-resolution process, a caregiver who is still dissatisfied can write to the Massachusetts Commissioner of Education at 75 Pleasant Street, Malden, Massachusetts 02148 to request a review of the issue(s) in dispute.
Annual Notice To Caregivers on the Protection of Pupil Rights Amendment (PPRA)
The Protection of Pupil Rights Amendment (PPRA) gives parents and students (18 years or older or emancipated) certain rights when a school conducts student surveys, collects and uses information for marketing purposes, and administers certain physical exams to students. Parents have the right to:
Consent before students can be given a survey concerning one or more of the following protected areas(“protected information survey”):
Political affiliations or beliefs of the student or student's parent;
Mental or psychological problems of the student or student's family
Sex behavior or attitudes;
Illegal, anti-social,self-incriminating, or demeaning behavior;
Critical appraisals of others with whom respondents have close family relationships;
Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
Religious practices, affiliations, or beliefs of the student or parents; or
Income, other than as required by law to determine program eligibility
Receive notice and an opportunity to opt a student out of:
Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others;
Any other protected information survey, regardless of funding; and
Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law.
Inspect the following, upon request and before administration or use:
Protected information surveys of students;
Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
Please note that parents are not required by PPRA to be notified about the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students.
The Worcester Public Schools protects student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The District’s Office of Research and Accountability reviews all internal and external requests to conduct surveys to ensure compliance with ethical and legal requirements.
Parents who believe their rights have been violated may file a complaint with:
Student Privacy Policy Office US Department of Education 400 Maryland Avenue, SW Washington, DC 20202-58520
Visit the U.S. Department of Education's Student Privacy website for more information.
Selective Service
Peacetime Registration Requirement of Selective Service System
Section 3 of the Military Selective Service Act states that male U.S. citizens and aliens residing in the United States, who are between the ages of 18 and 26, are required to register in a manner prescribed by proclamation of the President. The proclamation under which registration is presently required was signed on July 2, 1980. It provides that males born on or after January 1, 1960, must register with Selective Service within 30 days of their 18th birthday.
The Every Student Succeeds Act reiterates that the various branches of the United States armed forces may have access to directory information of 11th and 12th grade high school students. However, the Family Rights to Privacy Act states that caregivers may deny this access if they so wish. Directory information includes the student's name, address, phone number, and age. If the caregiver wishes for the Worcester Public Schools not to divulge their child’s information, the caregiver must make that request in writing to the school principal.
Student Records
Every Student Succeeds Act
The Worcester Public Schools makes every effort to comply with the regulations and requirements of the Every Student Succeeds Act (ESSA), a federal law enacted in 2015. This legislation requires school district personnel to notify caregivers of a variety of issues regarding their children's education. Among them is a requirement to notify caregivers of students attending Title I schools of their right to know about the qualifications of the teachers and instructional assistants who work with their children.
In a Title I school, caregivers have the right to know the professional qualifications of classroom teachers who instruct their children. ESSA allows caregivers to ask for certain information about a student's classroom teacher and requires that the district provide the caregivers with the requested information in a timely manner. Specifically, caregivers have the right to ask for the following information about each of their children's classroom teachers in a Title I school:
Whether the teacher has met the Massachusetts Department of Elementary and Secondary Education (DESE) qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
Whether the teacher is teaching under emergency or other provisional status through which DESE qualification or licensing criteria have been waived.
Whether the teacher is teaching in the field of discipline of the certification of the teacher.
Whether any instructional assistants or other paraprofessionals provide services to your child, and, if they do, their qualifications.
If caregivers would like to receive any of this information, they must contact the principal of their child(ren)'s Title I school.
In addition, districts are required to provide to each individual caregiver information on the child’s level of achievement and academic growth of the student, if applicable and available, on each of the state academic assessments required under Title I. Districts are also required to provide timely notice that the caregiver’s child has been assigned, or has been taught for four or more consecutive weeks by a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.
At the beginning of each school year, Title I schools must notify caregivers of each child that the caregivers may request (and the school will provide) in a timely manner information regarding any state or school policy regarding student participation in any assessments mandated by ESSA and by the state or school district which must include a policy, procedure, or parental right to opt the child out of such assessment, where applicable. Information on each mandated assessment is available on the Worcester Public Schools’ website.
No later than thirty days after the beginning of the school year, each Title I school must inform caregivers of an English learner identified for participation or participating in a language instruction educational program of the reasons for placement; the child’s level of English proficiency and academic achievement; and how the program will address the child’s specific needs; and to provide caregivers with written guidance detailing the caregiver’s rights and options with regard to such a program.
For a child who is identified as an English learner after the school year begins, the child’s caregivers must be notified within two weeks of being placed in a language instruction educational program.
Bullying and Harassment
The Worcester Public Schools (WPS) Bullying Prevention and Intervention Plan (BPIP) is designed to help the district comply with Massachusetts state law and promote a safe and inclusive learning environment. It emphasizes proactive measures to prevent bullying and procedures for reporting, investigating, and addressing bullying incidents and shall afford all students the same protection regardless of their status under the law. The BPIP is aligned with the Massachusetts law on bullying prevention and provides guidelines for educators, administrators, and students to foster a culture of respect, empathy, and kindness.
An overview of the plan is included below. The entire policy is available on the Bullying Prevention and Intervention Plan webpage.
Definition of Bullying:
The BPIP will provide a clear and concise definition of bullying, cyberbullying, and retaliation to align with Massachusetts law.
Bullying is the repeated use of physical, verbal, or relational aggression or power imbalances to harm or intimidate others. It includes acts committed by one or more individuals against a victim and creating a hostile environment. Bullying can occur in person or through electronic means (cyberbullying) and encompasses all actions that occur on school grounds, during school-sponsored events, on school buses, or through electronic communication related to school matters.
Cyberbullying is the repeated use of physical, verbal, or relational aggression or power imbalances to harm or intimidate others. It includes acts committed by one or more individuals against a victim and creating a hostile environment through the use of technology that includes but is not limited to phones, social media platforms, and computers.
Retaliation is any form of intimidation, reprisal, or harassment directed against a person who reports bullying, provides information during an investigation about bullying, or witnesses or has reliable information about bullying.
Retaliation Protection:
Massachusetts law prohibits retaliation against individuals who report bullying, provide information during an investigation, or participate in related proceedings.
Retaliation will result in immediate disciplinary action by WPS.
Prevention Strategies:
The WPS BPIP will emphasize proactive measures to prevent bullying by:
Creating a positive and inclusive school climate that values diversity and respect. (Each building has developed a Culture and Climate team, Student Council, and Universal/Tiered Positive Behavior Strategies such as PBIS.)
Implementing evidence-based anti-bullying programs and curricula( Undercover Anti Bullying Team Approach)
Promoting social-emotional learning to develop empathy, emotional intelligence, and conflict resolution skills. (CASEL aligned Tier 1 SEL lessons- Second Step, Zones of Regulation, Harmony)
Conducting regular training for administrators and faculty, students, and caregivers to raise awareness about bullying prevention and intervention strategies.
Establishing clear expectations for behavior and consequences through a code of conduct.
Reporting Bullying
Anyone can call the “Anonymous Bullying Reporting Line” at 508-799-3116 to report any acts of bullying.
Anyone can visit the WPS website: https://www.worcesterschools.org/documents/student-support/safety/forms/560455 and download and print a form to submit to the school or the Culture and Climate Office. (The Office of Culture and Climate, 20 Irving Street, Worcester Ma. 01610))
Report forms can be found on the WPS website:
Report forms can be printed and then mailed using this link: https://www.worcesterschools.org/documents/student-support/safety/forms/560455
A Bullying Incident Form can be filled out and submitted online: https://docs.google.com/forms/d/e/1FAIpQLSfRTB298O6VeC-nXK3Kg7fH7WswAIXiM_v5MQBs69HG3BbDQA/viewform?usp=sf_link.
Anyone can email “ReportBullying@worcesterschools.net” to report any acts of bullying.
For students and families:
Students and families are encouraged to report all instances of bullying and retaliation to the principal or staff at their school. No disciplinary action will take place solely based on a report.
For staff:
A staff member shall report immediately to the Principal or an administrator designee when they witness or become aware of conduct that could be considered bullying or retaliation.
Athletes and Participants in School-Related Activities
General
Athletes and participants in school-related activities shall be governed by local and state law, MIAA regulations, the Policies Handbook of the Worcester Public Schools, and rules included in the Worcester Public Schools Code of Conduct for Athletes and Participants in School-Related Activities.
The Worcester Public Schools does not limit access to participate in intramural sports, or clubs sponsored in each school on the basis of race, sex, gender, identity, color, religion, national origin, sexual orientation, disability, or homelessness. The Worcester Public Schools can limit participation based on our academic requirements and attendance.
Head Injuries and Concussions in Extracurricular Activities
Consistent with the requirements of Chapter 166 of the Acts of 2010, An Act Relative to Safety Regulations for School Athletic Programs:
At or before the start of each sport or band season, all students who plan to participate in extracurricular athletic activities shall complete and submit to the coach, athletic director, or band director a current WPS Permission Form, signed by both the student and the caregiver, that provides comprehensive history with up-to-date information relative to concussion history; any head, face or cervical spine injury history; and any history of co-existent concussive injuries.
Any student, who during a practice or competition, sustains a head injury or suspected concussion, or exhibits signs and symptoms of a concussion, shall be removed from the practice or competition immediately and may not return to the practice or competition that day.
The student shall not return to play unless and until the student provides medical clearance and authorization as specified in 105 CMR 201.011.
All head injuries must be reported to the nursing administrative office, including those that occur outside of the school prior to the start of the sports season or physical activity. caregivers must also complete the history of head injury section on the Extracurricular Athletic Activities Permission Form.
Additional information, including the Post Sports-related Head Injury Medical Clearance and Authorization Forms can be found on the Worcester Public Schools website.
Students with Disabilities Receiving Special Education Services / Students with Suspected Disabilities Who Are Not Yet Determined Eligible for Special Education Service or 504 Plan
Under various federal and state laws and regulations, students with disabilities may not be discriminated against in discipline matters on the basis of their disability or impairment. In addition to those rights set forth in the Worcester Public Schools Student Handbook, procedures will be implemented to comply with state and federal law and regulations regarding students with disabilities,
Additional information can be found in Worcester Public Schools website or you may obtain a copy from your child's school or by contacting the WPS 504 coordinator at their school.
Students with Disabilities and/or Suspected Disabilities Receiving Special Education Services or 504 Plan
For special education students, the principal or their designee will notify the Evaluation Team Chair of the suspendable offense of a student with a disability and a record will be kept in the Student Information System. For 504 students, the principal or their designee will notify the 504 Coordinator of the suspendable offense of the student and a record will be kept in the Student Information System
Resolving School-Related Problems
Procedure
In order to resolve school-related problems, caregivers will follow this process: If a problem arises, contact:
Child’s Teacher
Child’s Assistant Principal
Child’s Principal
Quadrant Executive Directors - 508-799-3499
Assistant Superintendent - 508-799-3644
Superintendent - 508-799-3115
School Committee - 508-799-3610
Policy Regarding the Reporting of any Potential or Actual Incidents that May Impact on the Safety of Children.
Principals have been directed to provide caregivers with verbal and written reports of any potential or actual incidents that may impact on the safety of students.
Criteria for reporting will include the following:
Caregivers should be notified immediately by telephone of any incident which might impact safety.
Each verbal report will be followed up immediately by a written report which is either mailed or delivered to the caregivers.
Principals will file a dual report immediately with the appropriate Managers for Instruction and School Leadership and the School Committee.