Indianagram_March2022

MARCH 2022 ■ VOLUME 24 ■ NUMBER 3

Safety

TABLE OF CONTENTS

Safety MARCH 2022 ■ VOLUME 24 ■ NUMBER 3

The Indiana Association of School Principals leads in the advocacy and support of all principals in their commitment to every child.

President’s Letter - Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 IDOE - Safety All Around Us. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 From the AP Lens: A Holistic Approach to School Safety. . . . . . . . . . . . . . . . . . . 6 SAFETY

EDITORIAL BOARD MEMBERS Tiffany Barrett Troy Albert Keith Burke Jason Cary Andrew Hawk Rick Hunt Jared Leiker Debra Misecko Nicholas Mitchaner Kevin Rockey Steve Samuel Matt Stark Kelly Storms Chrystal Street

Child Abuse is a Societal Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Interventions in STEM Education: A Risk Assessment for Safety in STEM/STEAM Spaces . . . . . . . . . . . . . . 10 A Powerful Force for Positive Outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 LEADERSHIP DEVELOPMENT

School Threat Assessment Teams: A Practical Approach to Navigating the Basics for School Leaders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Join the Indiana School Counselor and Administrator Collaborative Institute at Ball State this Summer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

11025 East 25th Street Indianapolis, IN 46229 1-800-285-2188 or 317-891-9900 www.iasp.org tbarrett@iasp.org

IPLI News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SERVICE

© 2020 Indiana Association of School Principals

Riley Kids Caring & Sharing Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

All rights reserved. Any duplication without prior written permission is strictly prohibited.

LEGAL REVIEW

Legal Situation Brief: Special Education Law & Student Discipline. . . . . . . . 25 The Use of Trespass Laws to Maintain an Orderly School Environment. . . . 27

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PRESIDENT’S LETTER

Safety Each month we embark upon reflection and learning on a new topic at IASP. As I seek to bring you a nugget to cling to in my article, I am reminded month after month at the complexity of the issues that we face and interact with on a day to day basis. Safety is certainly no exception!

When I think about the components of safety that I am charged with as a building leader, tasks such as clearly defined rules and procedures, safety drills, outside safety measures, digital citizenship and digital safety protocols, partnerships with law enforcement and adequate school safety training come to mind. However, when I think about places where I feel safe and secure, I am reminded of Marzano’s work defining a safe and orderly school environment.

Defining a safe and orderly school environment includes making sure our students, staff and families feel safe and invested when they come into our halls. Much of that safety comes through the assurance of the above mentioned tasks. However, there is one aspect that leads to the feeling of safety and security that often gets overlooked and in many cases is not thought of when you are auditing the safety of your team.

This is the practice of shared decision making.

Shared decision making? …..Seriously?.... What in the world does that have to do with safety? Stop and think for a minute about a place that you feel safest. What is it about that environment that makes you feel safe? It is likely the fact that nothing in that environment feels like a secret. You know all there is to know and you are a part of addressing needs and making change that is necessary. When this happens, it brings security to those involved.

When it comes to carrying this safety measure out, the work is equally as grueling as defining your digital security measures or running a successful active shooter drill. This work entails soliciting the transparent feedback of your people, gathering that data and sharing it out in an equally transparent format for all to see. Shared decision making takes place when your team is involved in defining the work that needs done to tackle any issues the data brings forth, mapping out the plan to carry out that work and completing that work as a team. This transparency means there are no secrets in what is happening to move your organization forward and there is vulnerability modeled in sharing out the good, bad and ugly of the data you have collected. It also means you are not solely doing this work and carrying the entire weight on your shoulders. THIS work helps to create a safe and orderly school environment!

So, this month as you take survey of your monthly emergency drills and you audit how much screen time your students have had, consider how your systems and decision making could help bring a safe and secure outlook to your people. How can you get their input and show them that their voice, problem solving and elbow grease matters and is needed to make your school the safest place to learn and grow? May your March be filled with reflection on all things safety…those that are traditional in role and those that are easily overlooked. Thank you for leading well and for showing your perseverance as we sail our way to spring break!

Aimee Lunsford IASP President www.iasp.org

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FROM THE EXECUTIVE DIRECTOR

IASP Executive Committee Aimee Lunsford President Matt Shockley President-Elect Welcome to our March Indianagram focused on Safety, such an important topic in our schools today, and especially so as we worry about what our Spring weather might bring to our area. It was a short 10 years ago that the town of Henryville and the schools were devastated by the EF4 tornado that tore through southern Indiana and into Kentucky. The decisions made that day saved lives, and conveyed to us all the reminder that our drills and protocols are so important. School and community leadership in Henryville, and in many other communities helped students and staff stay safe during the storm. Thank you to all those leaders who were critical to the then successful healing that occurred for students, staff, and communities.

IASP President Aimee Lunsford also highlights how safety comes in the form of shared decision making, thus creating the transparent environment that allows for many to be involved in the daily work of educating our students, and keeping them safe. I would add that within this shared decision making, we can also create the safe environment by modeling self-reflection to our staff and students. This honest assessment of our actions and thoughts also gives our staff permission to do this with each other, and with the administration. The growth that results from both selfassessment and school-wide self-assessment is then transparent and focuses on the “why” of the school (often known as the mission, but without the sometimes lengthy wording.)

Dr. Crystal Murff Thorpe Vice President Eric Gilpin Past President Amy Niemeier NAESP State Representative Dave Strouse NASSP State Coordinator Steve Baker Liaison to the DOE Dr. Daniel Peo Assistant Principal Liaison

Thanks to all our school leaders for keeping our students safe, in all aspects of our schools. Meeting this need in both a physical and mental sense allows children and adults to have a chance to thrive. Please stay safe yourself and remember to practice self-care during this spring as we all push forward to the end of this school year.

Dr. Todd D. Bess IASP Executive Director

Future Indianagram themes Strategic Planning/Vision & Mission Operations and Management Best of 2021-2022 School Year

April 2022 May 2022 June 2022

Share your thoughts on the Indianagram https://forms.gle/sCmLHwnh4aYcTJdr8

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Safety All Around Us Dr. Katie Jenner Indiana Secretary of Education In today’s increasingly technologically connected and uncertain world, safety is constantly top of mind and is represented in a variety of different ways.

To name a few…we are constantly asked to change our computer passwords for additional security, we participate in required trainings to recognize potential cyber security attacks, large events often require us to pass through metal detectors to enter the venue, many places of business have automated external defibrillators (AEDs) readily available, we routinely go over weatherrelated and fire evacuation procedures, and the list goes on and on!

Together, alongside you, our Indiana Department of Education School Safety and Wellness team ensures local leaders have the most up-to-date training and maintain the highest levels of safety.

For those who may be looking to learn something new or participate in a refresher, below are a few examples of training and funding opportunities available in partnership with the state, as well as a few other tips to keep you and our students safe.

School Building Safety Training and Funding When we think about safety, building and physical safety often comes to mind first. While Indiana law requires each school corporation to designate one individual to serve as the school safety specialist, many schools opt to train additional staff members to increase preparedness. Our IDOE School Safety and Wellness team is always eager and willing to train additional professionals as you determine local needs – more information on upcoming school safety specialist trainings can be found here!

This includes the Spring Advanced Training 2022 for certified school safety specialists and guests, held in-person

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Thursday, May 19 through Friday, May 20 at the Westin Indianapolis. Registration can be completed here.

We often hear from schools who are interested in additional support to purchase new equipment or hire additional safety staff. As you know, the Indiana Department of Homeland Security established the Secured School Safety Grant (SSSG) Program which serves as a financial resource for schools seeking to add additional safety and security measures within their buildings.

Established in 2013, the SSSG program has awarded more than $110 million in matching grants to Indiana schools across the state to address potential safety threats and help maximize school preparation. To see if your building may qualify, click here!

Digital Security Tips While the internet has made all of our lives easier – from helping us quickly access information to connecting us with friends and family near and far – the internet is also full of significant threats which could add malware or viruses into our school data systems and ultimately retrieve valuable information.

It’s essential that schools continuously review their virtual platforms for security updates and talk to students about the necessity of digital safety. Here are some basic tips from our School Safety and Wellness team which are applicable to all educators and parents: ■ Learn how to lock your online classroom as well as control screen and content sharing within your platform.

■ Do not share classroom passwords on social media.

■ Know how to remove someone from your virtual classroom.

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■ Talk with your students about online privacy and the importance of not revealing personal information.

■ Discuss the importance of individual passwords and locking devices.

■ Consider additional cybersecurity training and support depending on local needs.

Personal Health Safety Tips Over the past two years, we have received almost constant reminders about the importance of washing our hands, staying home if we are sick, etc.

This increased focus has elevated the enormous value that our nurses add to our schools. In times of uncertainty, our school nurses took on significant leadership roles and are who many of you (plus our faculty, staff, families, and students) turned to for guidance and reassurance as we worked together to keep students safely learning in our classrooms. They helped us navigate the pandemic while also caring for a variety of other student health needs…and for this, and so much more, they, too, deserve to be celebrated!

Attending to the safety needs of our students and our buildings – whether that includes school building safety, digital security, or personal health – requires intentional planning and preparation. This work is a team effort, both locally and at the state-level – we appreciate all that you do to keep our schools safe!

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ASSISTANT PRINCIPAL CONNECTION

From the AP Lens: A Holistic Approach to School Safety Dr. Dan Peo Assistant Principal Wea Ridge Middle School

safety that students have when they enter our schools and can have a profound effect on student learning.

Dr. Joe Voelker Assistant Principal for Student Development Floyd Central High School IASP District 12 High School Representative School safety is a top priority for members of the Indiana School Safety Specialist Academy (ISSSA). This group of passionate educators has prioritized providing quality professional development in two tracks, beginning and advanced, while realizing that the topics covered can be very unique from school to school. When I became an assistant principal, I had the opportunity to go through the certification, and I have been able to bring a lot of that information back to my school and corporation to share with others. When one hears the term “school safety,” it may bring to mind images of metal detectors, viewing footage from cameras, searches with drug-sniffing dogs, or other frightening prospects, but truly, this academy brings so much more to its constituents.

The professional development provided by the ISSSA brings together elements of school culture and climate, training of staff, and bringing together key stakeholders who are responsible for keeping students and staff safe in our school buildings.

This month, I’ve asked Dr. Joe Voelker, Assistant Principal of Student Development at Floyd Central High School, to share his thoughts on school safety and what that looks like at Floyd Central.

School Safety Context from Southern Indiana The state of Indiana provides growth and learning opportunities for administrators and school resource officers to keep students safe through their Advanced and Basic training sessions. They provide regional online and face to face training that I have found very beneficial. By taking what I have learned at these professional development sessions and reviewing them with our school safety committee, Floyd Central has a solid plan for situations that could arise in an emergency to keep students safe in the way of fire, tornado, and lockdown drills.

However, many of us have received that dreaded call, normally after hours, about an incident that has the potential to have a profound effect on our school community. It could be a student involved in a car wreck, a family who loses their home in a fire, a social media threat that is spreading through your entire student body, or, the worst of all calls, a student who passes away. How we deal with these situations affects the feeling of 6

Recently, our school district has been working on a plan to provide our students with support after a crisis event occurs.

Dr. Louie Jensen, Associate Superintendent of New Albany Floyd County Schools (NAFCS), had members of the Hamilton Southeastern school corporation come to New Albany to present their PREPaRE Training in October of 2021, which discussed how schools respond to acute trauma stressors for students. This training served as the catalyst to start putting together our Crisis Response Plan to help students after a possible traumatic event. Prior to putting this document in place, we would have a crisis, but we did not have a plan in place to follow up with students and staff who suffered longterm trauma from the event. I was chosen to chair this Crisis Response committee for our district and we are beginning to train crisis response leadership teams at each of the fifteen schools in our district. Here are some of the highlights of our plan.

The Crisis Response Plan consists of template checklists that serves as a step by step guideline on how to deal with any crisis event. The Crisis Response consists of several documents and weblinks that are used in dealing with these situations.

The first document in the template is the crisis fact sheet. A member of the school’s crisis leadership team would gather facts such as who was involved, what happened, and who in our building and at the district level needs to be contacted. The next document is the crisis response triage tracking chart. This chart allows classroom teachers, school administrators, and support staff to identify any students or staff who may need support or counseling due to the event. In the past, if we had a student death, a formal process of serving students in need would probably stop at the memorial service. Now, we want to attempt to provide support to our students for as long as needed.

The next step on the template /checklist is to contact the student/staff member’s family to offer support and determine what information they are comfortable sharing with the school. In the fall semester, we had a student who suddenly passed away and students were hearing about it on social media but we made sure not to make a statement to the school community until the family was contacted and told us what information they were comfortable providing. Before we got the confirmation, we told our teachers that our response when students asked about this was “I have heard the same thing but I can’t confirm any facts right now.”

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ASSISTANT PRINCIPAL CONNECTION

Our committee gathered sample parent letters that schools across our district have used to communicate a crisis to their school and local communities. There is a sample classroom script for members of the school crisis team to insert the facts of an event for teachers to use when discussing it with their class. It includes what to say and what not to say based on the age of the students. There are sample letters to parents for everything from bomb threats, the death of a student or staff member, bus accidents, to social media threats. Every administrator in NAFCS is encouraged to submit these types of letters to the Google folder for other administrators to share and use as a template for a new event. We also created a script template for those answering the phones. Our school secretaries were very happy about this addition since it also included resources that parents can use for additional support for students.

Our plan then provides ideas on how to support students and staff. We want schools to have a room available for short term support to those who are struggling with the crisis. It suggests what materials could be needed in the room, and whether to get counselors or social workers from other buildings to support your building staff. For example,buildings may want their counseling staff working with students because they have an established relationship. The support received from other buildings will help with the normal duties of a school day like cafeteria or playground duty.

The next part of our discussion is crucial to students feeling safe at school and that is event triage. Teachers and staff should

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continue to monitor if anyone needs follow up attention after the event. This includes staff as well as students. This follow up should be done by trained personnel so teachers do not worry about providing counseling that they are not comfortable supplying. That said, teachers and staff should continue to look for signs of the trauma for the next couple of months.

The school’s crisis intervention team should continue to meet and prepare for the day or days following the situation. The team will need to decide what is needed on day two and how many students will need extra support. What is the plan if students and staff want to attend a memorial service? Do you have guidelines for a memorial at school? What information needs to be conveyed to students and is that different from your communication with staff and parents? As said earlier, identifying students who are experiencing trauma from the event should continue to occur for at least 60 days following the crisis.

Sadly, a school in our district had a recent student death and they put our committee’s work into action. The most important thing we did was a debrief with members of their school.

Besides discussing how to improve our district plan, I think it served as therapy for that school’s leadership team members by discussing what they did and what we need to change to better serve our students. These plans will need to be reviewed on a regular basis with the hope that they are never used.

If you have questions regarding school safety or Floyd Central’s procedures, Dr. Voelker can be reached via email at jvoelker@ nafcs.org.

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SAFETY

Child Abuse is a Societal Problem Scott Shipley, EdD Director of Curriculum Mt. Vernon Comm. SC According to the U.S. Department of Health & Human Services (2021), over 4.3 million cases of child maltreatment were reported to child protective services across the United States. Of those reports, over 68% were reported by mandatory reporters, and educators were the highest reporting group of mandatory reporters having reported 21% of all cases.

In preparation for National Child Abuse Awareness month in April, it is a good time to remind all educators of their legal obligation to report suspected cases of child abuse, immediately. Indiana is a mandatory reporting state, and all educators have an enhanced legal obligation to report suspected cases of child abuse. Educators play a vital role in protecting children from maltreatment and the sooner maltreatment is identified the sooner it can be stopped (Mathews et al., 2017).

February 3, 2022, I defended my dissertation research entitled “Child Abuse Reporting by Educators”. You might ask yourself how did Scott, the director of curriculum, decide on this topic? You might remember the newspaper headlines “Principal Waits 17 Days to Report Child abuse”. That was me. I ask you, what would you do in the following scenario? It is the first day of your school’s two-week spring break. You and your children are driving to Florida when you get a call from a high school counselor informing you one of your middle school staff members (non-teacher) is rumored to have sent inappropriate pictures to a high school senior? What would you do? My first question was how old is the student?

The counselor said she just looked up his information and he was 18 years old. My training was to report any CHINS “child in need of services” situation. Based on the facts, he was not a child and I did not believe him to need services based 8

on rumored inappropriate pictures, I waited. I waited until our two-week spring break was over to get back to school to determine if I had a personnel issue with the staff member. We learned more about the situation, so we did more.

We called the police. We put the staff member on administrative leave. So, I ask again, what would you have done? I was confident back in 2016, I did not violate Indiana law, however, I was still charged with a crime. Our school attorney was confident I would not be charged with a crime, however, I was still charged with a crime. It took two years, but the charges were finally dropped and expunged from my record. I wanted to learn more about child abuse reporting requirements. I wanted to study the research, so I did.

The research is clear. I did not violate Indiana law. I should not have been charged with a crime if one wanted to follow the letter of the law. Let me share what I have learned.

The Law IC 31-33-5-1 states “an individual who has reason to believe that a child is a victim of abuse or neglect shall make a report as required by this article”.

IC 31-33-5-2 (b) If an individual is required to make a report under this article in the individual’s capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, the individual shall immediately make a report to: (1) the department; or (2) the local law enforcement agency.

After making the report, the individual shall notify the individual in charge of the institution, school, facility, or agency or the designated agent of the individual in charge of the institution, school, facility, or agency that the report was made.

IC § 20-26-5-35.5, which states, “a school corporation, including a charter school and a nonpublic school, may not establish any policy that restricts or delays the duty of an employee or individual to report suspected child abuse or neglect as required under IC § 31-33-5. A person who fails to comply with 31-33-5-1 or 31-

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33-5-2 commits a class B misdemeanor.

Class B misdemeanors are punishable by up to 180 days in jail and a fine of up to $1000.

Conclusions The first conclusion revealed there were significant differences in the overall general perceptions of child abuse awareness by the educators based on career position (teacher, counselor, and administrator) and experience level (newer, mid-career, and veteran). Teachers mean scores were significantly lower than counselors and administrators. While mid-career educators’ mean scores were significantly lower than veteran educators. The second conclusion revealed there were significant differences in educators reporting of child abuse cases based on career position. Teachers’ mean scores for reporting cases of emotional abuse, sexual abuse, and neglect were significantly higher than administrators and counselors. The third conclusion revealed there were significant differences in the understanding of the legal implications of child abuse issues among educators based on career position. Teacher mean scores were significantly lower than administrators in understanding they are not able to report to their supervisor prior to making an official report. Additionally, there were very low mean scores from all educators in understanding if mandatory reporters are legally required to report suspected cases involving 18 year-old students.

According to Gant et. al. (2017) educators are NOT legally bound to report 18 yearold students because the legal definition of a child is 17 years of age and younger.

However, my case involved an 18 year-old student therefore, I highly recommend reporting all students regardless of their age. The final conclusion revealed there were significant differences in educators’ perceptions of preparedness level based on experience as mid-career educators’ mean scores were significantly lower than veteran educators’ mean scores.

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Recommendations Many school corporations provide yearly child abuse prevention training through a third-party training video at the beginning of the school year. It is my professional recommendation in addition to these training videos, school corporations and schools provide posters or documents as a visual reminder of the legal requirements, how to make a report, signs of abuse, and general tips.

Educators who make reports of child abuse do not do so on a regular basis.

In fact, they do so quite infrequently, and because of the disconnect between the law and practical implementation of reporting child abuse, a daily visual reminder for educators would be helpful.

These posters would be much like school safety evacuation drill posters and equal opportunity employer posters.

According to Gant et al. (2017), a statute that went into effect July 1, 2017, no longer allows for educators to report to their supervisors prior to making an official report of child abuse. The statute requires the individual to make a report of suspected child abuse “immediately” to DCS or LEA, not to their supervisor. In fact, Indiana code states educators are to report to their supervisor after an official report has been made. This study concludes that not all Indiana educators are aware of this and recommends additional training in this area. Educators frequently go to their supervisor when they are unsure of how they are to respond in situations. I believe this is the case when educators are trying to determine if child abuse has occurred and if a report is required.

However, Indiana law specifically does not allow educators to confide in their supervisors; therefore, a visual posted throughout the school building would provide a reference for teachers to utilize.

Additionally, educators need to be trained not to wait until their lunch time, prep period, or after school to make a report and administrators need to create a system or procedures for teachers to quickly get supervision of the children under their charge so they can be released from the classroom to make a report of child abuse “immediately”. Finally, it is recommended that administrators create a system with procedures for

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teachers and staff to report cases to building leadership. A system or procedures for reporting to building leadership helps cement the expectation for staff to report to building leadership after a report is made to DCS or LEA. According to Dombrowski et al. (2003), school professionals need to increase their attention to the possibility of child maltreatment cases in their students, and they need better training. Placing such posters throughout school buildings (staff lunch rooms, staff restrooms, classrooms, etc.) could be the extra support needed for educators, and the reminder (throughout the school year), to be aware of the possibility their students could be suffering from child abuse.

Furthermore, the visuals would provide educators the tools needed to properly make a report when in the moment to be compliant with the legal requirements.

Here is example of a recommended visual that could be used by schools and a full size version can be found at https://bit.ly/ ChildAbuseReportersVisual.

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If you have questions about the role of educators as mandatory reporters in reporting child abuse, Dr. Shipley can be reached via email at scott.shipley@mvcsc. k12.in.us.

References Dombrowski, S. C., Ahia, C. E., & McQuillan, K. (2003). Protecting children through mandated child-abuse reporting. The Educational Forum, 67(2), 119. https://www-proquest-com.ocproxy.palni.edu/ docview/220658771?accountid=41267

Gant, M., Johnson, N., & Bisbee, J. (2017, May 15) Reporting child abuse [Department of child services]. Presentation at the Indiana School Safety Conference, Indianapolis, Indiana.

Mathews, B., Yang, C., Lehman, E.B., Mincemoyer, C., Verdiglione, & N., Levi, B.H., (2017). Educating early childhood care and education providers to improve knowledge and attitudes about reporting child maltreatment: A randomized controlled trial.

PLoS ONE, 12(5). https://doi.org/10.1371/journal. pone.0177777 U.S. Department of Health & Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau. (2021). Child maltreatment 2019. https://www.acf.hhs.gov/cb/data-research/Childmaltreatment

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SAFETY

Interventions in STEM Education: A Risk Assessment for Safety in STEM/STEAM Spaces Krista M. Stith Infinite Capacity, LLC

( formerly STEM Integrations LLC)

Rachel L. Geesa Infinite Capacity, LLC

( formerly STEM Integrations LLC)

With a large push for greater integration of technology and engineering in collaborative STEM/STEAM spaces (e.g., classrooms, makerspaces, fab labs), educational leaders should be aware of the practices for developing and maintaining a safe place. This month, we are exploring a health and safety framework that should be considered in integrative STEM/ STEAM education experiences.

Conducting a risk assessment for safety within the space is a first step. Love and Roy (2018) provide six areas to consider for safe spaces: tools and equipment, furniture, engineering controls, supervision, storage, and occupancy load. We will highlight these areas in some detail and then provide additional resources at the end.

Tools and Equipment- Grubbs and Stith (2021) describe functions of tools and instruments in hands-on STEM learning experiences. Scanning through the list, we can see many examples of items in a collaborative STEM space that may cause student injury and require caution.

Figure 1. Tool Functions. Figure from “Functions of Tools and Instruments in Integrative STEM” within “Chapter 4: Infrastructure and Programming” by M. E. Grubbs, and K. M. Stith, 2021, in R. L. Geesa, M. A. Rose, and K. M. Stith (Eds.), Leadership in integrative STEM education: Collaborative strategies for facilitating an experiential and student-centered culture (pp. 71-89). Rowman & Littlefield.

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Tools and equipment in these collaborative STEM spaces should be carefully handled by teachers and students alike.

While some hazards are rather straightforward (i.e., heat hazards from touching the hot end of a soldering iron), other hazards may need to be more thoroughly researched (i.e., fire hazards if the soldering iron is in close contact with chemicals).

Furniture- When students are excited to work on projects, the environment can be more chaotic. Therefore, furniture should be appropriate for the use of the space and well-maintained.

Wobbly tables and loose wall hangings should be rectified immediately. Ensure guards are in place for sharp edges and objects.

Engineering Controls- Love and Roy (2018) address the importance of engineering controls. If a hazard does materialize, then a student or educator should be able to gain access to a system to control the hazard within ten seconds.

Engineering controls include fire extinguishers, eye wash stations, shower stations, and a minimum of one emergency power switch (more power switches if the room is over 1,000 square feet). Ventilation fits into this category, as 3D printer particles, sawdust, soldering fumes, laser engraver dust, and direct exhaust can be detrimental toward student and educator health. If ventilation is not currently in place, please refrain from using the equipment until ventilation is set up. Personal protection equipment like safety goggles, gloves, and lab coats should also be provided.

Supervision and Security- Teachers who supervise the collaborative STEM space should receive the appropriate training in how to safely use the tools, equipment, furniture, and engineering controls. These individuals are critical toward protecting students and untrained teachers. All personnel and students should sign a safety acknowledgement form and receive training prior to tool and equipment access. Security measures should also be put into place to ensure tools and equipment remain in the space (e.g., cameras, door locks, signout forms).

Storage- Collaborative STEM spaces may require the use of hazardous chemicals like paints, solvents, epoxies, and acids.

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SAFETY

The chemicals should be locked when not in use and kept in a separate storage room with non-recirculating ventilation.

Student projects, if stored on shelves, should be securely stored and in code compliance with specific fire protection systems (e.g., distance from the ceiling and sprinklers).

Occupancy Load- Love and Roy (2018) encourage educators to research occupancy load for a collaborative STEM spaceparticularly if the STEM space has been converted from an old classroom. The square footage per occupant, as mandated by the National Fire Protection Association (NFPA) differs between a classroom space and a lab space. A fire marshal may need to determine if the occupancy load should be recalculated in a collaborative STEM space.

Once the full risk assessment for safety is complete, a spacespecific health and safety plan should be developed. There are a number of resources available with plan templates and guidelines for collaborative STEM space safety, which include: ■ MakerEd (https://makered.org/makerspaces/safety/)Access to training, micro-credentials, safety templates, and links to more resources; ■ Harvard Environmental Health & Safety (https://www.ehs. harvard.edu/programs/makerspace-safety)- Access to fact sheets, checklists, and equipment guidelines; ■ University of Washington Environmental Health & Safety (https://www.ehs.washington.edu/workplace/shop-andmaker-space-safety)- Access to templates, guides, and checklists; and

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■ University of Nevada, Reno Innovation Center (https:// www.unr.edu/innevation/makerspace/safety)- Access to examples of basic makerspace safety.

Conclusion Safety should be a primary concern in schools and districts that maintain a collaborative STEM space. We hope that these initial recommendations and resources will open dialogue to ensure that educator and student safety and health hazards are minimized.

Infinite Capacity is dedicated to inclusively fostering personal and professional growth for educators, leaders, and community partners through innovative educational practices. Consulting services are available for school and district-level support.

Please e-mail us at contact@infinitecapacity.com for more information. Our book, Leadership in Integrative STEM: Strategies for Facilitating an Experiential and Student-Centered Culture, is available at Amazon, Barnes & Noble, and Rowman & Littlefield.

References Love, T. S., & Roy, K. R. (2018). Converting classrooms to makerspaces or STEM labs: Design and safety considerations. Technology and Engineering Teacher, 78(1), 34.

Grubbs, M. E. & Stith, K. M. (2021). Infrastructure and Programming. In R. L. Geesa, M. A. Rose, & K. M. Stith (Eds.), Leadership in integrative STEM education: Collaborative strategies for facilitating an experiential and studentcentered culture (pp. 71-89). Rowman & Littlefield.

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SAFETY

A Powerful Force for Positive Outcomes Chase LyDay Chief of Police Avon School Police Dept.

Safety is the only thing that is more important than instruction in educational facilities. School resource officers (SROs) can be an incredibly valuable component of the ecosystem of safety if the right person is in the role and a good relationship exists with the building principal. However, there are often complex issues that the SRO/ Principal team must navigate. Clarity of roles and cooperative attitudes are vitally important to ensure positive outcomes for students and potential for further risk to be mitigated. There are multiple ways to calibrate the roles and attitudes of SROs and administrators such as: development of a quality memorandum of understanding (MOU) between law enforcement and school district, SROs attending the 40-hour certification course required by statute for all law enforcement officers working in a school, and attending training together. Before any of that can be effective, there must be three attitudes the SRO and principal have in common that are absolutely required for an effective relationship to exist.

SROs and principals must have an insatiable passion for creating positive outcomes for kids. When you think back

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to the educators in our life who had the most profound impact on our life, you remember qualities such as authenticity, compassion, and genuine care for you as a person. These qualities must be ever-present in the attitude of both SROs and principals. If an SRO is assigned to a school for involuntary reasons, the investment in kids and the success of the school are not equal to that of the principal. That is why SRO selection is so important and should be centered on the attitude of genuine passion for kids.

SROs and principals must be flexible.

Situations that arise in schools are often multi-faceted, dynamic, and require collaboration with multi-disciplinary teams to determine a course of action.

There is no room to be territorial or work in a vacuum. SROs and principals must remain flexible to help each other out when necessary. SROs should help supervise lunches sometimes and principals should help SROs gather information when appropriate.

Providing safe learning environments requires us all to be ready for anything and willing to do whatever it takes to get the job done.

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SROs and principals must be humble.

We all make mistakes. We are all engaged in the activity of continuous self-improvement. It is crucial for SROs and principals to be open-minded and willing to learn each other’s role. The posture of humility ensures open lines of communication when corrections are appropriate and the collaboration necessary to maintain safe learning environments is the central focus.

When SROs and principals are in alignment, a powerful force exists for positive outcomes. Develop a quality memorandum of understanding that outlines the roles and responsibilities of the SRO and principal. Require the SROs in your building to attend the 40-hour certification course that includes training on trauma, serving students with special needs, cultural competency, de-escalation, behavioral health, adolescent brain development, and school law. Foster a collaborative relationship with your SRO with an attitude centered on a passion for helping kids, flexibility, and humility. As you increase your collaborative posture, maybe you can be the person kids look back on and say, “that is the person who had the most profound impact on me.”

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Special thanks to our University Partners:

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LEADERSHIP DEVELOPMENT

School Threat Assessment Teams: A Practical Approach to Navigating the Basics for School Leaders Dr. Shane E. Conwell Superintendent DeKalb County Eastern Community Schools Dr. Nicholas P. Elam Assistant Professor of Educational Leadership Ball State University The purpose of a threat assessment team (TAT) is to identify, assess, and manage concerning student behaviors, threats, or targeted acts of violence toward oneself or others. This multidisciplinary team shares the same common language and same conceptual framework and is involved in the gathering and decision-making process for taking safe and appropriate courses of action to best deter school violence (Cornell et al., 2004). The aim of this article is to summarize National Threat Assessment Center (2018) recommendations using a three phase approach for school violence prevention — identification, assessment, and management.

The first phase involves identifying TAT roles, student behaviors, reporting methods, and law enforcement involvement.

TATs should consist of a variety of disciplines (e.g. administration, guidance, SRO, nurse, IT, external mental health professional, teacher, etc.), contain a leader or gatekeeper who is the primary fact-finder, note-taker, and information-holder of the team, and TATs should meet regularly. The next step is to identify and define prohibiting and concerning student behaviors. Since “concerning behaviors occur along a continuum” (National Threat Assessment Center, 2018) it is important for each TAT to determine and define what warrants unacceptable behavior and equally important what interventions should support the behavior. One simple approach is to categorize behaviors and interventions using a color-coding system. For example, green are low risk and manageable behaviors where the gatekeeper makes notes, monitors, and works with appropriate staff. Yellow is moderate risk where the gatekeeper reviews formal cumulative records, begins the fact-finding process of the concerning behavior, and initiates the TAT. Orange is high risk prompting an urgent TAT meeting and red immediately initiates law enforcement/SRO due to the imminent and clear threat. While an SRO may not be involved until later in the TAT process, research has shown where multiple school rampage attacks were averted because students trusted an SRO enough to notify him or her to stop a school shooting from occurring (Madfis, 2014). The last step in this phase involves proactively educating stakeholders 14

including students, parents, and staff with how and where to report concerning student behaviors (e.g. school counselor email, website, toll free hotline, mobile app, etc.)

The second phase involves assessing and establishing assessment procedures for identified concerning student behaviors.

Often students will exhibit concerning patterns of behavior by leaving behind clues or leakages (spanning days, weeks, or even months) foretelling their well-thought-out plans (O’Toole, 2009). Understanding, assessing, documenting, and being able to communicate these patterns, clues, or leakages from stakeholder to TAT (gatekeeper) is critical. Assessment can take on several forms including student observations, web history and social media activity, individual interviews, parent communications, student searches, external mental health professional collaboration, and assessing formal records (i.e. class assignments/grades, academic transcripts, nurse/wellness records, disciplinary records, and criminal records). So what prompts stakeholders to begin assessing, documenting, and communicating concerning student behaviors and what basis should TATs use for information gathering and investigation? The National Threat Assessment Center (2018) recommends recognizing student motives and goals, direct/indirect patterns of concerning behaviors or communications, alarming or inappropriate interests, access to weapons, excessive or lasting stressors, emotional or developmental issues, evidence of depression, desperation, or suicidal thoughts, violence as a means for resolution, others indicating concern, evidence of planning and/or capacity to carry out the threat or attack, and patterns of consistency or inconsistency.

The last phase involves managing or developing risk management strategies for concerning student behaviors. Proactive strategies include developing and providing resources which directly reduce or redirect the concerning behaviors, motives, stressors, etc. Strategies may consist of individualized behavioral/threat management plans for the student, formal/informal student observations and/or scheduled sessions with a TAT member, and/or an alternative educational student placement with parent collaboration. Management plans should remain in effect until the TAT has decided there is no longer concerning patterns of behavior suggesting the

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LEADERSHIP DEVELOPMENT

student is a threat or could be a threat to him/herself or others. Beyond (and prior to) managing concerning behaviors, school academic performance and climate should remain at the forefront for school leaders. Research suggests that overall improvement in school academic performance is a central factor in reducing violence and enhancing school climate (Benbenishty et al., 2016). Further, students should have mentors and programs within the school, there should be open communication among stakeholders, and stakeholders should be properly trained in identifying and communicating concerning student behaviors. Take the next step in your school’s effort to be safe – your students and families, your staff, and you will be glad you did.

The above material provides basic threat assessment team guidance. Each school and district is unique. With this in mind,, these recommendations should be modified accordingly. When developing and implementing such plans, schools/districts should consult with legal representatives to ensure they comply with any applicable state and federal laws or regulations.

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References Benbenishty, R., Astor, R. A., Roziner, I., & Wrabel, S. L. (2016). Testing the causal links between school climate, school violence, and school academic performance: A cross-lagged panel autoregressive model. Educational Researcher, 45(3), 197-206.

Cornell, D. G., Sheras, P. L., Kaplan, S., McConville, D., Douglass, J., Elkon, A., McKnight, L., Branson, C., & Cole, J. (2004). Guidelines for student threat assessment: Field-test findings. School Psychology Review, 33(4), 527-546.

Madfis, E. (2014). Averting school rampage: Student intervention amid a persistent code of silence. Youth Violence and Juvenile Justice, 12(3), 229-249.

National Threat Assessment Center. (2018). Enhancing school safety using a threat assessment model: An operational guide for preventing targeted school violence. U.S. Secret Service, Department of Homeland Security.

O’Toole, M. E. (2009). The school shooter: A threat assessment perspective.

DIANE Publishing.

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LEADERSHIP DEVELOPMENT

Join the Indiana School Counselor and Administrator Collaborative Institute at Ball State this Summer Principals and school counselors play a significant role in student success, as they have the ability to increase student growth and create a positive school climate. Principals serve as “leaders” of the school, while school counselors serve as “advocates.” Both roles, however, are needed for optimal student success and overall school goals to better meet all students’ needs. Although, principals and school counselors work together, school counselor roles and work tasks are primarily defined and assigned by their principal. Several studies have found there has been a lack of support and resources available for school counselors, in turn causing major ambiguity among the appropriate roles of school counselors within PK-12 schools.

Therefore, the Ball State Educational Leadership and School Counseling Programs were each awarded 5-year Lilly Endowment Inc. grants in 2018, which focus on cultivating principal-school counselor collaboration. The grant increases pre-service and in-service principals’ and school counselors’ knowledge through comprehensive school counseling training and integrative programs on collaboration between school counselors, educational leaders, stakeholders, and educators to promote healthy learning environments to promotes and guide security, growth, and achievement.

Ball State’s Lilly Implementation Grant Team is in its final year of the Lilly Endowment, Inc. grant work, focusing on supporting current and pre-service Indiana administrators and school counselors. This year, we are focusing on implementation of various professional development opportunities, dissemination of research related to the field at a national scale in a special issue of Professional School Counseling, and establishing and hosting an Indiana principal/school counselor institute.

Through this work, we have constructed a statewide conference for school counselors, administrators, and others to learn ways to collaborate and promote student success.

Collaboration is particularly critical in times of crisis, such as what we are experiencing with the global COVID-19 pandemic.

We are excited to announce the first Indiana School Counselor and Administrator Collaborative Institute, hosted by Ball State University’s Department of Educational Leadership and School Counseling Program. Event management and additional logistical support is provided by National Center for Youth Issues. This event will take place on June 13-14, 2022 at the Ball State University Alumni Center. The institute seeks to strengthen principal-school counselor relationships 16

and collaboration. The institute will also have opportunities built in where school counselor-educational leader teams can work together and with other schools to brainstorm about ways to address current PK-12 issues and challenges. This is a wonderful opportunity for professionals to network and collaborate to produce greater student success and school climates.

To all Presenters! The Indiana School Counselor and Administrator Collaboration Institute is accepting proposals for presentations promoting critical inquiry and solutions in PK-12 schools to address students’ social, emotional, academic, and career needs. Additionally, we invite in-service and pre-service professionals in areas of school counseling and educational leadership to submit a proposal in the domains of student success, college and career readiness, community engagement, educational equity, principal/counselor roles and relationships. If your session is selected, your registration fee to the Institute is waived. Click here for more information: https:// ncyionline.org/conferences/iscaci/iscaci-cfp/ Conference Speakers First, Dr. Carol Dahir, recently retired professor and chair of the School Counseling Department at New York Institute of Technology, continues to teach part time at NYIT and NYU. She is a specialist in comprehensive school counseling program development, implementation, and evaluation.

Dr. Dahir continues to focus her writing, research, and presentations on comprehensive school counseling program development, college and career readiness, accountability, principal-counselor relationships, cultural responsiveness, and continuous improvement for school counselors.

Join Dr. Carol Dahir as she presents Integrating

MTSS Into Your Comprehensive School Counseling Program (CSCP). Comprehensive

school counseling programs and multi-tiered

systems of support work hand in hand to support

every student’s academic and social-emotional development, and college and career readiness. As building administrators and school counselors work together to identify student needs, they can ensure the comprehensive school counseling program is delivered across Tier 1, Tier 2, and Tier 3. This session will focus on the “how to’s” and the essential collaboration needed to ensure that the program is data driven, equity focused, and culturally responsive.

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LEADERSHIP DEVELOPMENT

Second, Dr. Leigh Bagwell, served as the Director of School Counseling Services at the Tennessee Department of Education. She led transformational work in school counseling throughout the state through the revision of the school counseling model and standards, the creation of a regional peer support network, and the launch of a dedicated communications channel for counselors, supervisors, and administrators. As a school counseling leader, her mission is to provide school counselors with the training and resources needed to deliver high quality, student driven, data informed comprehensive school counseling programs to all students.

Join Dr. Leigh Bagwell as she presents Powerful

Partnerships: Administrators and School

Counselors Working Together to Support Students. Successful comprehensive school

counseling programs are built on effective

collaborations between the school administrator and school counselor. This session will provide participants the opportunity to build a strong foundation of comprehensive school counseling programs through discussing multiple ways strong school counseling contributes to student success within the three domains of academic achievement, social and emotional development, and college and career readiness. Additionally, participants will discuss how to use that information as the foundation for a strong collaborative relationship between administrators and school counselors.

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Finally, our keynote speaker will be Mr. Robert Jamison.

Currently the Coordinator of School Counseling Services at the Virginia Beach City Public Schools, he has several years of experience as a school counselor and school counseling department chair. Mr. Jamison enjoys conducting professional development activities. supporting students and families, and working and collaborating with all stakeholders to support all students.

Join Mr. Jamison as he presents How Do You View

the World? A Discussion of Diversity and Equity.

Participants will have an opportunity to think

on diversity and equity through a more expansive

lens. He will review common terms used in

schools, classrooms, and organizations; how these terms relate to our behaviors; things to consider when working with staff and students; and personal stories related to these topics. Participants will be asked to participate in individual, small group, and large group activities throughout the presentation.

If you are interested in attending the conference and/or becoming a sponsor, presenter, or exhibitor, please check out the conference website at https://ncyionline.org/conferences/ iscaci/. We look forward to your attendance!

If you have any questions, please contact us at rlgeesa@bsu.edu (Dr. Rachel Geesa – Educational Leadership) and tkruczek@ bsu.edu (Dr. Theresa Kruczek – School Counseling).

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LEADERSHIP DEVELOPMENT

IPLI News Dr. Kelly Andrews Director Indiana Principal Leadership Institute IPLI is a premier professional development opportunity for the practicing principals of Indiana. We are here to support you, encourage you, and provide growth in your leadership as we learn together, lead together, and connect.

Safety for students and staff at school is an imperative! I remember being trained as a School Safety Specialist in early 2000. Things changed for schools after Columbine and it was important for school leaders to prepare themselves, their staff and their students for the unexpected violent situations that were rising up all over the country. Over the last twenty years, there has been more training and more drills from ASSIST to ALICE but more importantly, trying to understand and learn to be more proactive than reactive when it comes to school safety and the mental health of others. Trauma informed training and learning more about the neuroscience of the brain are ways we can become proactive with all people, big and little.

Safety is more than protection against potential violence. It is at the heart of our daily lives within our emotions, mental well-being and our physical well-being. Perhaps because of the pandemic, we have become keenly aware of the needs of our students and staff beyond academics. Now that we see it, we cannot unsee it. Principals in Indiana are steeping themselves in skills and techniques to provide the foundation of Maslow’s hierarchy in our schools everyday. Learning Leaders are committed to providing a safe environment so each person can be their authentic self every day at school.

Principals continue to lead and are vital to the success of our Indiana students. We are grateful for their leadership as they are learning leaders, leading-learners!

We are wishing everyone a continued safe and healthy school year.

IPLI Seminars In April 2022, IPLI will enjoy learning with the AR Showcase for Cohort 9, where principals will share their action research projects. Dr. Steve Gruenert will share Culture Rewired in the afternoon.

IPLI will celebrate Cohort 8 as their teams will share their action research for schools in the morning Showcase of Schools. These principals will graduate in the afternoon after hearing Annette Breaux as keynote speaker on the Seven Simple Secrets: What the Best Teachers Know and Do. We anticipate a great two days of learning and sharing.

IPLI began in July 2013 and is excited to offer Cohort 10 to kick off a decade of principals learning together in our Summer Seminar, held on the ISU campus on July 12, 13, & 14, 2022 with keynote speaker Rick Wormeli on July 13. Applications can be found on the IPLI website at www.indianapli.org and are due by March 15, 2022, for consideration.

IPLI looks forward to serving Indiana principals by growing leaders and improving schools.

Let’s keep learning together as we continue to lead in 2022!

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Special thanks to our Preferred Business Partner:

Join us for this episode of the IASP LeaderCast. A weekly podcast production containing short, sweet nuggets of Wednesday Wisdom for our leadership growth. In this special episode from our “Leading from the Heart” series, Mrs. Aimee Lunsford shares her connections with Safety to leading with heart in our buildings.

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UPCOMING EVENTS IASP hosts events throughout the year to support the growth and development of Indiana school administrators and students. Each event is intentionally designed to encourage and engage you in the pursuit of learning!

FIND A FULL LIST OF EVENTS AT IASP.ORG/EVENTS

Special thanks to our Platinum Corporate Sponsor

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SERVICE

Riley Kids Caring & Sharing Update Susan Miles Officer, Kids Caring & Sharing TM Riley Children’s Foundation Indiana K-12 Schools Posting Big Wins for Riley Kids It may be March basketball tournament madness that ignites excitement this time of year, but Indiana K-12 students are on fire raising funds to benefit Riley kids and families! Here are some amazing stats heading into the final quarter of schoolyear 2021-2022.

raising more than $7,300! Principal Nick Kimmel is a fabulous ambassador for Riley, not only in supporting his own school family’s philanthropic interests, but also in reaching out to his fellow IASP District 2 colleagues to prompt their support through an online giving page he created to facilitate Riley gift collections at district meetings.

For the first time in its 17-year history, Carmel High School Dance Marathon, the Children’s Miracle Network’s largest high school dance marathon in the nation, broke the half million mark. Continuing their legacy of generosity and philanthropic leadership, CHSDM participants raised an incredible $510,495.

This is Carmel DM’s highest total and the largest ever Miracle Network High School Dance Marathon total. Carmel HS’s cumulative giving total for Riley kids is more than $5 million!

Much work continues in the next couple of months with entire school corporations working hard to encourage every school to raise more than $1 per student before June. Fort Wayne North Side High School staff are lacing up their dancing shoes for a Dancing with the Stars-style exhibition and 40 additional high school dance marathons, bike-a-thons, Riley spirit days and more are in the lineup in a frenzy of goodwill and generosity – all for the thousands of kids and families who turn to Riley Hospital for hope and healing.

More than luck was involved when the Shamrocks of Westfield High School broke six figures in their 6th year of dance marathon fundraising activity for Riley kids, securing an amazing $114,540. Westfield’ HS’s cumulative giving total for Riley kids is more than $500,000.

Check out these social media sites @carmeldancemarathon on Instagram and www.facebook.com/westfielddancemarathon for great engagement ideas you can implement on your home court.

Creating an online giving page and working some powerful motivational magic, Indianapolis North Central High School’s National Honor Society hosted a 2-week long Riley fundraising campaign, engaged nearly 30 different school teams and clubs in a battle for top fundraising honors, and secured more than $56,000!

South Central Elementary, Union Mills, hosted their very first Kids Caring & Sharing campaign with a $4,000 goal to sponsor a red wagon at the hospital. They blew past that goal,

Don’t sit on the bench, there is still time to send in your school as the next KCS philanthropy partner! I’m ready to help coach your Riley campaign planning team in creating your school’s own fundraising page, or bounce around ideas for fun and fulfilling activities.

KCS Playbook Reminders Supporting Riley Hospital is an easy shot with digital wallet options now live on all contact-free, online giving pages set up under the KCS main page including ACH (bank transfer), Apple Pay, Google Pay, Microsoft Pay and most recently Pay Pal. Please contact smiles@rileykids.org if you need assistance in starting your school’s online giving page here: https://give. rileykids.org/KCS21_22.

Please be sure to update your school treasurer with the new KCS gift submission address: Riley Children’s Foundation, P.O. Box 3356, Indianapolis, IN 46206-3356.

Let’s work together to find creative ways to keep supporting Riley!

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LEGAL REVIEW

Legal Situation Brief: Special Education Law & Student Discipline Séamus Boyce Attorney Kroger Gardis & Regas, LLP You undoubtedly have heard that special education law guarantees a free appropriate public education (FAPE) to every student with a disability and requires schools to provide appropriately tailored services to meet each students’ unique educational needs. As you have also likely experienced, successfully providing a FAPE during a pandemic and a nationwide workforce shortage is challenging. Thus, it has not been a surprise to us that special education law compliance has been a frequent flier topic for our KGR Legal Help Desk.

Special education law is a biggie so this article provides general direction for how to address one of the most prevalent issues we advise on: student discipline. To get your attention, know upfront that there are certain special education students that are essentially expel-proofed.

Scope of Special Education Protections. Special education legal protections generally apply to students who have been determined to be eligible for special education and related services. There are, however, circumstances where students who have not yet been identified as disabled.

Unidentified students would have legal protection if the school is deemed to have “knowledge” of the potential disability by a parent expressing certain concerns to the school, requesting an initial evaluation. “Knowledge” can also be determined if school staff have expressed certain concerns about the student.

Removal - No Change of Placement.

Special education law uses the term “removal” for situations where a student is removed from their placement for any period of time and NOT pursuant to their IEP. The school may remove the student for up to ten (10) consecutive school days so long as the same discipline would apply www.iasp.org

to a student without a disability. The school does not have to provide any services to the student during the first ten (10) school days of removal during the school year. If the removal does not result in a change of the placement, the school will determine the services needed to enable the student to continue to participate in the general education curriculum (although in a different setting due to the removal) and to make progress towards the goals in the student’s IEP. These services must be provided beginning on the 11th day of the removal in the school year.

Removal - Change of Placement.

If the removal results in a change of placement, the school must immediately notify the parent of the change of placement and provide the parent with a copy of the Notice of Procedural Safeguards. Additionally, within ten (10) school days, the Case Conference Committee (CCC) must meet for a “manifestation determination.” The CCC must answer two questions: 1. Was the misconduct caused by or have a direct and substantial relationship to the disability?

2. Was the misconduct a direct result of the school’s failure to implement the student’s IEP or behavioral intervention plan (BIP)?

If the answer to either of these questions is “yes” then the CCC must conduct a functional behavioral assessment (FBA) and develop a BIP or revise an already existing BIP. Following this CCC, the student should return to their placement or begin in their new placement. Alternatively, if the misconduct was a direct result of a failure by the school, the school must remedy their failure.

If the answer to the questions is “no” then the student may be disciplined in the same manner as a student without disabilities and according to the school’s policies on student discipline. Unlike nondisabled students, however, the school must implement Return to Table of Contents

the educational services during the removal as determined by the CCC in the manifestation determination meeting. The educational services must allow the student to: 1. Continue to participate in the general education curriculum, even though the student is in a different setting; 2. Progress toward meeting the goals in the student’s IEP; and 3. Receive an FBA, and behavioral intervention services designed to address the student’s behavior.

Transfer Students After Expulsion.

Special education law requires schools that are the legal settlement of a special education student to receive a FAPE from that school. Legal settlement is defined as the school corporation that has the responsibility to permit the student to attend its local public schools without the payment of tuition or is financially responsible should attend another school in a situation permitted by law. A student’s expulsion from another school does not nullify this requirement. The school corporation of legal settlement must enroll the student. These situations can be complicated so make sure to consult with your special education administration before proceeding further.

What is the legal lesson from this brief ? Schools have a lot of responsibility to special education students. Before taking any disciplinary action with a student, it is important for schools to first consider whether the student has protections under special education law. And if so, schools should consult with their administration and legal counsel to ensure that they are implementing disciplinary measures in accordance with the law.

We at the KGR Legal Help Desk are here to address legal issues for IASP members. Until the next Situation Brief, stay legal!

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LEGAL REVIEW

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LEGAL REVIEW

The Use of Trespass Laws to Maintain an Orderly School Environment Taylor Hunter Attorney Kroger Gardis & Regas, LLP Indiana law allows school leaders to seek protective orders on behalf of students and its employees to prevent violence, harassment, or stalking, and the ability to issue no trespass warnings. This provides education leaders broad authority to ensure that parents and third parties conduct themselves in an orderly manner and do not compromise safety.

When concerns over safety occur, questions often arise as to what legal measures can be taken to restrict or control access to school property. It is true that no parent or third party has unlimited or an absolute right to access public school property but there are constitutional issues that may impact what measures can be taken.

School officials are permitted to seek a protective order on behalf of students. In 2018, an Indiana school corporation obtained a protective order excluding a parent from school grounds for two years, after the parent staged a protest outside of the school building. In upholding the protective order, the Indiana Court of Appeals held that “[a]s the recent tragic events in Parkland, Florida, have reminded us, some persons who might present a threat to a school have had a relationship with the school that school officials are in a unique position to identify. This would most often include students or former students who have a disciplinary history or have exhibited significant behavioral issues. We conclude that school [districts], through their officials, are permitted to act on behalf of their students to seek orders for protection against such threats.” S.B. v. Seymour Cmty. Sch., 97 N.E.3d 288, 294-95 (Ind. Ct. App. 2018), reh’g denied (June 21, 2018), transfer denied, 111 N.E.3d 197 (Ind. 2018).

School officials are permitted to seek a protective order on behalf of employees. Schools may seek temporary restraining orders or an injunction on behalf of an employee if (1) the employee has suffered unlawful violence or a credible threat

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of violence from the person; and (2) the unlawful violence has been carried out at the employee’s place of work or the credible threat of violence can reasonably be construed to be carried out at the employee’s place of work. Indiana Code 34-26-6.

School officials may deny individuals entry onto school property. Schools may also deny entry to school property to a person who does not have a contractual interest in the property. If an individual knowingly or intentionally enters the school property after having been denied entry commits a level 6 felony. Indiana code 35-2-2(b)(1). In one case, an elementary school issued a no-trespass warning to a former employee, who was also a parent of a student enrolled in the school. The former employee was terminated due to an alleged sexual relationship with a student. Despite the former employee’s contention that she had a contractual interest in the school because she was a parent of a child living within a school district and therefore could not commit criminal trespass, the Court was not persuaded by this argument and held that she had committed the offense of criminal trespass. Frink v.

State, 52 N.E.3d 842 (Ind. Ct. App. 2016). In situations where a no-trespass warning is determined to be an appropriate measure, education leaders should issue the warning in writing and describe with specificity the prohibited conduct and expectations (i.e. all school buildings and property for the remainder of the school year).

Bottom line, education leaders need to be mindful of the various laws that govern access to school property. This type of analysis can feel like a legal minefield – even for trained attorneys – and we encourage you to seek legal guidance in times of doubt.

We at KGR routinely provide day-to-day legal counseling on these important topics. We along with IASP stand ready to support you.

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Remediation / Interventions

Connect with us MARCH 2022

This is big,

don’t miss

out!

You have until Oct. 31, 2022 to find out how you and your employees can take advantage of the limited-time changes to Public Service Loan Forgiveness.

Learn more Horace Mann Service Corporation and certain of its affiliates (Horace Mann) enter into agreements with educational associations where Horace Mann pays the association to provide services aimed at familiarizing association members with the Horace Mann brand, products or services. For more information, email your inquiry to association.relations@horacemann.com.

AM-C04626 (Jan. 22)

horacemann.com