REINTEGRATION OF STUDENTS FROM JUVENILE CORRECTIONAL FACILITIES

Maine law requires the establishment of a reintegration team to assist a student entering a public school from a juvenile correctional facility. The Board recognizes the need for advance planning and appropriate confidentiality in these circumstances.

The Superintendent shall be responsible for determining whether a student will be accepted or denied access to school based on compliance with the juvenile’s rehabilitation plan as it affects reintegration. Access may be denied until the Superintendent is satisfied that conditions have been met.

The school unit will comply with reintegration standards established by the Maine Department of Education. The Superintendent will be responsible for overseeing the transition of students from juvenile correctional facilities based on the following guidelines.

A. Within ten days of receiving information from the Department of Corrections concerning the release of the juvenile offender, the Superintendent shall establish and convene a meeting of a reintegration team to review information received from the Department of Corrections, evaluate the student’s individual educational needs, and determine what additional information may be relevant.

B. The reintegration team shall include at a minimum the principal/designee of the school to which the student will be admitted, at least one classroom teacher to which the student will be assigned or who is involved in the school’s student assistance team, the student’s parent/guardian/custodian, the Special Services Director (If appropriate) and a guidance counselor. The student’s juvenile correctional officer or other representative from the Department of Corrections may be invited to attend.

C. The reintegration team will determine, on the basis of need, which school employees should receive information that otherwise would be considered confidential. The nature and extent of information provided should be limited to that needed to implement the student’s reintegration plan and ensure the health and safety of the student, the safety of the school’s students and staff, and the integrity of school property.

D. The Superintendent/designee will be responsible for ensuring that confidentiality training, including a review of the school unit’s policy and administrative procedures pertinent to records from the juvenile criminal justice system, including the juvenile correctional facility, and to all student educational records under the Family Education Records and Privacy Act (FERPA), is provided to all school employees who have access to this information.

E. Before the student enters school, at least one additional meeting of the reintegration team should be held to develop an individualized plan for the student’s reintegration based on the student’s educational needs and the options available within the school system. This meeting should include the student as well as the members of the reintegration team. The reintegration plan will address the student’s educational program, participation in activities (including co-curricular and extracurricular activities), and access to school facilities (including transportation).

F. Placement in grade, class, and/or school programs will be based on the student’s abilities and academic achievement demonstrated in prior educational settings, including the student’s stay at the juvenile correctional facility. The principal will be responsible for evaluating the student’s transcript and portfolio from the juvenile correctional facility to assess progress toward meeting the content standards of the Maine Learning Results. The principal may require the student to participate in additional tests or other demonstrations of skill or knowledge, consistent with the local assessment system, for the purpose of determining appropriate placement.

G. The Superintendent/designee will be responsible for developing and implementing a process for monitoring and reporting a student’s progress and compliance with the reintegration plan and for modifying the plan as needed. A student who violates Board policy or school rules will be subject to the disciplinary consequences described in policy, administrative procedures, and/or the student handbook/student code of conduct.

H. The Superintendent/designee shall make any reports that may be required by the Department of Education concerning numbers of students entering the local school unit from juvenile correctional facilities.

Legal Reference:

20-A M.R.S.A. §§ 254(12), 1055(12), 2902(10), 4502(5)(O), 6001-B(1), 6001-B(2), 6001-B(3-A)

15 M.R.S.A. § 3009 [NOTE: 15 M.R.S.A. § 3308(7)(E) provides that when a juvenile has been charged with or adjudicated of a juvenile offense that involves the use or threatened use of physical force against a person, the District Attorney in the district where the charges were brought will provide certain information to the Superintendent (or designee) of the juvenile’s school. This information is limited to: 1. The name of the juvenile; 2. The nature of the alleged offense or offense; 3. The date of the alleged offense or offense; 4. The date of the petition (date charged); 5. The date of the adjudication, if applicable; and 6. The location of the court where the case was brought, if applicable. By law, this information is not to become part of the student’s educational record. This information is to be regarded as confidential except as provided in 20-A M.R.S.A. § 1055(11). This statute requires the Superintendent to convene a notification team within ten days of receiving notice of an alleged or adjudicated juvenile offense. This team must include the administrator/designee of the school building where the student attends, at least one classroom teacher to whom the student is assigned, a guidance counselor, and the student’s parent/guardian. The notification team is to determine on the basis of need which school employees are entitled to receive this information. The Superintendent “shall ensure” that confidentiality training is provided to all school employees who have access to this information. Because this is a different issue from the reintegration of students who have been assigned to a juvenile correctional facility because they have been adjudicated as having committed one or more juvenile criminal offenses, we have chosen not to include language concerning notification teams in this policy. However, because of the confidentiality issues involved, Boards and Superintendents should be aware of the role of the Superintendent’s responsibility and the role of the notification team. As the composition of a specific notification or reintegration team depends upon the individual students (one student will have different teachers than another, for example) and because teams are convened only as needed, the teams are not static. While determining who should be on a team is an easy matter, the determination of who has the “need to know” and, therefore, should be given or have access to confidential information is not necessarily so easy. Boards and Superintendents should contact MSMA or their school attorney when questions concerning confidentiality arise.]

This is a required policy.

Adopted: December 9, 2019