1 PINKERTON ACADEMY SPECIAL EDUCATION PARENT HANDBOOK 2018-2019 Understanding Communication Collaboration We recommend that you periodically check the Pinkerton Academy website at www.pinkertonacademy.org for School Counseling and Special Education announcements and college information Disclaimer: The information contained in this Handbook is subject to change without notice. Revised 10/2018 P.A.
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PINKERTON ACADEMY SPECIAL EDUCATION
PARENT HANDBOOK
2018-2019
Understanding
Communication Collaboration
We recommend that you periodically check the Pinkerton Academy
website at www.pinkertonacademy.org for School Counseling and Special
Education announcements and college information
Disclaimer: The information contained in this Handbook is subject to change without notice. Revised 10/2018
P.A.
2
I. INTRODUCTION:
This booklet has been designed to provide parents, students, professionals and other
interested people with information about special education at Pinkerton Academy.
Although each disabled student’s needs are different, this booklet explains general special
education policies and can be used as a guide.
Mission Statement
As a unique, independent academy, Pinkerton Academy’s mission is to strive to
ensure the growth of all students in a challenging, respectful, and collaborative
environment. The Academy fosters a student-centered community with purposefully
designed, interactive, and relevant learning opportunities.
DEPARTMENT PHILOSOPHY STATEMENT
The Special Education department at Pinkerton Academy believes that all students,
including those with disabilities, are capable of learning. Although the department
acknowledges that students vary in their rate of learning, actual achievement, and
intellectual potential, the special education staff strongly believes that disabilities should
not prevent students from reaching their full potential. As a result of this fundamental
belief, the special education department offers educationally disabled students a
continuum of services. These services are based on the following guidelines:
1) Resource Program: The Resource Program services to students with mild to moderate
disabilities who can function in mainstream classrooms when they receive
modifications, accommodations and supplemental supports and services* and
specialized instruction within the resource Room
Entrance Criteria
IEP team with sending school district representation may recommend the program
Successful completion of 8th
grade
The student must be a special education student with a mild or moderate
educational disability.
The student must have a history of non-violent behavior
Acceptance by Pinkerton Academy’s Director of Special Education or their
designee.
Exit Criteria:
Successful completion of program
21 years of age
IEP team determination
Physical violence towards staff or students
Continues to harass and/or bully students after being warned
Possession of a weapon or drugs
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2) ACT Program (Alternative Comprehensive Transition Program): ACT is
designed to provide students with disabilities that require more functional skills
support and who are unable to successfully meet all or some of the minimum
curriculum standards. The major focus is on independent living, social adjustment
and employment readiness when they receive a combination of specialized
instruction, work experience and special education classes in Reading Enrichment,
Introduction to Basic Computer Literacy and Safety, Consumer Education, Daily
Living Skills. In addition a series of “unified” classes have been developed in
conjunction with various departments in the school which provide an opportunity for
students without disabilities to provide supports and share their interests with students
with significant disabilities that have also shown an interest in the class. We currently
have Unified Physical Education, Unified Dance, Unified Music and Unified Art.
ACT also recognizes that students may be able to meet the minimum curriculum
standards with support, but may also need an intensive functional life skills program
to provide appropriate transition skills for post high school.
Entrance Criteria
IEP team with sending school district representation may recommend the program
Successful completion of 8th
grade
The student must be a special education student with a mild to moderate
Intellectual disability or another disability significantly impacting the
development of life skills.
The student must have a history of non-violent behavior
The student must have a history of not needing physical management
Acceptance by Pinkerton Academy’s Director of Special Education or their
designee.
Exit Criteria:
Successful completion of program
21 years of age
IEP team determination
Physical violence towards staff or students
Continues to harass and/or bully students after being warned
Possession of a weapon or drugs
3) PASSES (Pinkerton Academy’s Special Services for Educational Success): The
PASSES program was designed for students with severe emotional disabilities. The
program strives to empower students to reach their potential by providing a
supportive educational environment through collaborative solutions and a student
centered teaching approach.
The PASSES Program offers academic support, which includes specialized
instruction and homework support in resource, special education classes in English 9-
12, Math for the Consumer, Pre-Algebra, Algebra 1, Geometry, US History,
American Government, Cultural Geography, Economics and Introduction to Art. The
classes are smaller and differentiated to student needs. Instruction is given by
certified special educators, who are also certified or High Qualified in the area of
study.
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Clinical support is a vital component of the program, which consist of individual and
group counseling sessions and collaboration with outside agencies. PASSES utilizes
Dr. Ross Greene’s Collaborative and Proactive Solutions to identify lagging skills and
unsolved problems. They engage students in the problem solving process to develop
informed solutions while teaching vital skills.
Entrance Criteria
IEP team with sending school district representation may recommend the program
Successful completion of 8th
grade
The student must be a special education student with a mild Emotional Disability
or ADHD.
The student must have a history of non-violent behavior
Acceptance by Pinkerton Academy’s Director of Special Education or their
designee.
Exit Criteria:
Successful completion of program
21 years of age
IEP team determination
Physical violence towards staff or students
Continues to harass and/or bully students after being warned
Possession of a weapon or drugs
4) NECC (The New England Center for Children’s)
Is a partnership program that enables Pinkerton Academy to provide a level of
services for students with Autism Spectrum Disorders similar to that found in out-of-
district placements, while allowing students to be included in their community
schools.
Through this model, NECC provides:
● Full-time certified special educator
● Weekly consultation from a BCBA®
● Paraeducators
● Initial and ongoing professional development for paraeducators affiliate with the
program
Full complement of educational through the Autism Curriculum Encyclopedia
(ACES) including assessments, curriculum and progress monitoring tools
●Other supplemental supports and services*
*Supplemental Supports and Services-Speech Language, reading in the Content, Reading
Efficiency, Paraeducators, Social Skill Classes, Personal Communication Enrichment &
Post-Secondary independence. In collaboration with sending districts students may also
receive other types of supplemental supports and services such as but not limited to-
● IEP Team with sending school district representation may recommend the program
● Successful completion of 8th grade
● The student must be a special education student with educational disability in the
area of ASD.
● The student must have a history of non-violent behavior
● Pinkerton Academy’s Director of Special Education or their designee will
determine if student meets Pinkerton’s entrance requirements and if so will give
information to NECC staff to make final acceptance determination. NECC determines
acceptance.
Exit Criteria
● Successful completion of program
● 21 years of age
● IEP Determination
● Physical violence towards staff or students
● Continues to harass and/or bully students after interventions have been given
● Possession of a weapon or drugs
II. Description of the Special Education Department:
Pinkerton Academy is a public academy that assists the sending districts in meeting their obligation to provide educationally disabled students with a free and appropriate education at public expense. Pinkerton voluntarily subscribes to and complies with IDEIA and the most current NH Rules for the Education of Children with Disabilities adopted March 23, 2017. Pinkerton Academy does not discriminate against individuals on the basis of disability. Pinkerton Academy serves as the educational provider for the sending districts. However, Pinkerton Academy reserves the right to decline to accept placement of a student who requires a more restrictive educational placement in order to receive a free and appropriate education at public expense. In the event Pinkerton is unable to provide a student with an appropriate education due to their educational disability, it is the responsibility of the sending district to offer an alternative placement. Those individuals who wish to explore accommodations under IDEIA should contact the Director of Special Education, extension 1136.
The Special Education department at Pinkerton Academy is organized around four
programs provide services for the towns of Derry, Chester, Hampstead, Auburn and
Hooksett. The programs; Resource, Alternative Comprehensive Transition (ACT), and
Pinkerton Academy’s Special Services for Educational Success (PASSES), are designed
to fulfill the requirements of the Individuals with Disabilities Improvement Act (IDEIA)
of 2004. In total, Pinkerton Academy serves the needs of approximately 17% of the
student population.
The Special Education department includes a director, an assistant director, 2 program
coordinator, Passes Coordinator, ACT Coordinator, 1-Work To Learn Coordinator, 1-
Inclusion Facilitator, 1-ASD Specialist, 4-Office Support Personnel, 24-Case
Coordinators, 1 School Psychologist, 1-Counselor, 1 Adjustment Counselor, 4 Speech
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Pathologists (2 part time) and 1 Speech Assistant (part time), 1 Speech Specialists ( part
time), 1 Reading Specialist, 1 per diem Achievement Tester, 8 Program Para- Educators
and about 80 Para-Educators who help provide an array of services for our students.
NECC Staff: 1-NECC Special Education Teacher, 1 Part Time NECC BCBA, 5 NECC
Paraeducators (Please refer to Special Education Staff listing at the back of the handbook
for contact information)
Note: In cases where students require instruction at home, hospitals or institutions; Pinkerton Academy would work cooperatively with the student’s LEA to provide curriculum as appropriate and determined by IEP Team. The LEA would be responsible for coordination and payment of services as appropriate If at any time
Pinkerton Academy staff is concerned it can no longer implement a student’s I.E.P. or
provide FAPE, an I.E.P. team meeting with district representation would be requested
to review the concerns and to amend the I.E.P. and placement if necessary.
III. General Policies:
A. Non-Discrimination Policy:
Pinkerton Academy complies with applicable federal, state, and local laws governing
nondiscrimination in employment, including but not limited to Title IX of the Educational
Amendments of 1972, Title VII of the Civil Rights Act of 1964 and Americans with
Disability Act Amendments Act of 2008 (ADAAA). In addition, Pinkerton Academy
voluntarily subscribes to and follows the Individuals with Disabilities in Education Act of
1997 (IDEA), Section 504 of the Rehabilitation Act of 1973, state special education laws,
Crime Victim Leave Act and the New Hampshire Law Against Discrimination (RSA 354-A).
Pinkerton Academy does not discriminate or deny services on the basis of race, color,
national origin, sex, handicap or disability, religion, marital status, veteran status, sexual
orientation or age.
Any individuals who feel they have been discriminated against should contact either the
Dean of Students or any other administrator.
Grievance procedures have been established for specific complaints of discrimination. It is
the intent of Pinkerton Academy to comply with both the letter and spirit of the law, and any
action taken will be consistent with requirements of applicable laws, including but not limited
to, due process protections under Title IX and section 504.
Any individuals who feel that they have been discriminated against may, at any time, contact
the Office of Civil Rights, U.S. Department of Education, Region I, 140 Federal Street,
Boston, Massachusetts 02110.
Limited English proficiency will not be a barrier to admission nor participation in activities at
Pinkerton Academy if a student is otherwise qualified.
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Parental Rights In Special Education: Each parent should have received a copy of their
rights from their town district representative at their child’s staffing. If you would like
another copy go on line to www. pinkertonacademy.org, click on special education, or
contact:
Richard L. Sharp
Director of Special Education
Pinkerton Academy
5 Pinkerton Street
Derry, NH 03038
(603) 437-5200 ext. 1184
Fax 603-437-5207 Requires Cover Page
or
The Special Education Director for your town
(See attached listing)
B. Child Find:
Administrators and staff are encouraged to make referrals for students they feel may need
specialized instruction, modifications, or accommodations to be successful in school.
Initial referral concerns should be made to the student’s guidance counselor and they will
complete the referral packet, which will be processed by the Special Education Program
Coordinator. The Special Education Program Coordinator will notify the 504
Coordinator, LEA Representative, and Associate Dean in writing of the referral.
C. Referral Procedures:
Any concerned person can refer a student for special education services. They should
contact the student’s guidance counselor.
Step #1. Referral –District notified.
Step #2. Disposition - What do we know? What more do we need to know? 15 days
Do we have enough information? Do we need evaluations? What will we do?
Step #3. Evaluation - Testing, reports, observations, medical information, etc.
Step #4. Determination -What can the student do? How? 60 days
What can’t the student do? Why? Is there an educational disability?
Step #5. Develop Individualized Education Plan (I.E.P.) 30 days
Step #6. Placement - Can the student learn in a regular setting with modifications?
Step #7. Monitoring - Is placement and I.E.P. being implemented? Is student progressing
towards goals? (i.e. quarterly report, same frequency as report cards).
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D. Staffings’ (IEP MEETINGS)
Each student’s Individual Education Plan is reviewed and revised at least once a year by
a team of individuals which consist of, but not limited to, the student, parents, guardians,
surrogate parents, special education teachers, specialists, community agency
representatives, school administrators, subject area teacher, guidance counselors and/or
school district personnel.
Parents, guardians or adult students will be offered a copy of their rights from their
school districts representative at their meetings.
Staffings may be requested by any member of the team, at any time in the course of the
school year. Some reasons for staffings are to review current testing information, modify
an educational plan, change a student’s placement or program, or to review student
progress in the event of suspension, poor attendance or other unforeseen circumstances.
Members of the staffing team are notified in advance by letter of the time, place, date, the
purpose of the meeting and who will be in attendance at the staffing. Every effort is made
to hold the meeting at the convenience of the team members. Interpreters will be
provided for parents having a primary language other than English.
E. Suspension and Expulsion Policy for Students Receiving Special Education
Services:
Request information from your student’s administrator or Dean of Students and Support
Services.
F. Policy on Restraint, Seclusion and Intentional Physical Contact
Introduction
This policy is adopted pursuant to state law (NH RSA 126-U:2) which requires that Pinkerton
have a written policy and procedures for managing the behavior of students. This policy is
adopted as an adjunct to Pinkerton’s other policies and procedures pertaining to the management
of a student behavior, but shall be deemed to be the controlling policy as to all matters involving
restraint and seclusion. Pinkerton is committed to the management of student behavior through
its disciplinary policy and through the use of positive behavioral interventions. Therefore,
Pinkerton’s use of physical restraint and seclusion shall be limited in accord with NH RSA 126-
U. Under no circumstances shall Pinkerton staff use medication restraint. The use of mechanical
restraint shall be limited to that mechanical restraint necessary to safely transport students.
Definitions: (RSA 126-U:1)
What is considered “Restraint?”
1. “Restraint” means bodily physical restriction, mechanical devices, or any devise that
immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs.
It includes mechanical restraint, physical restraint, and medication restraint used to control
behavior in an emergency or any involuntary medication. It is limited to actions taken by
persons who are Academy staff members, contractors, or otherwise under the control or
direction of the Academy.
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a. Medication restraint occurs when a child is given medication involuntarily for the
purpose of immediate control of the child’s behavior.
b. Mechanical restraint occurs when a physical device or devices are used to restrict
the movement of a child or the movement or normal function of a portion of his
or her body.
c. Physical restraint occurs when a manual method is used to restrict a child’s
freedom of movement or normal access to his or her body.
What is not considered “Restraint?”
“Restraint” shall not include:
a. Brief touching or holding to calm, comfort, encourage, or guide a child, so long as
limitation of freedom of movement of the child does not occur.
b. The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of
inducing a child to stand, if necessary, and then walk to a safe location, so long as the
child is in an upright position and moving toward a safe location.
c. Physical devices, such as orthopedically prescribed appliances, surgical dressings and
bandages, and supportive body bands, or other physical holding when necessary for
routine physical examinations and tests or for orthopedic, surgical, and other similar
medical treatment purposes, or when used to provide support for the achievement of
functional body position or proper balance or to protect a person from falling out of
bed, or to permit a student to participate in activities without risk of physical harm.
d. The use of seat belts, safety belts, or similar passenger restraints during the
transportation of a child in a motor vehicle.
e. The use of force by a person to defend himself or herself or a third person from what
the actor reasonably believes to be the imminent use of unlawful force by a child,
when the actor uses a degree of such force which he or she reasonably believes to be
necessary for such purpose and the actor does not immobilize a child or restrict the
freedom of movement of the torso, head, arms, or legs of any child.
2. “Seclusion” means the involuntary placement of a child alone in a place where no other
person is present and from which the particular child is unable to exit, either due to
physical manipulation by a person, a lock, or other mechanical device or barrier. The
term shall not include the voluntary separation of a child from a stressful environment for
the purpose of allowing the child to regain self-control, when such separation is to an area
which a child is able to leave. Seclusion does not include circumstances in which there is
no physical barrier between the child and any other person or the child is physically able
to leave the place. A circumstance may be considered seclusion even if a window or
other device for visual observation is present, if the other elements of this definition are
satisfied.
3. “Intentional Physical Contact” means contact by a school employee with a child, in
response to a child’s aggression, misconduct, or disruptive behavior, and includes, but is
not limited to blocking of a blow, forcible release from a grasp, or other significant and
intentional physical contact with a disruptive or assaultive child. Intentional physical
contact does not include:
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a. Escorting a child from an area by way of holding of the hand, wrist, arm, shoulder, or
back to induce the child to walk to a safe location, unless the child is actively
combative, assaultive, or self-injurious while being escorted.
b. Actions such as separating children from each other, inducing a child to stand, or
otherwise physically preparing a child to be escorted.
c. Incidental or minor contact, such as for the purpose of gaining a misbehaving child’s
attention.
4. “Child” means a person who has not reached the age of 18 years and who is not under
adult criminal prosecution or sentence of actual incarceration resulting therefrom, either
due to having reached the age of 17 years or due to the completion of proceedings for
transfer to the adult criminal justice system under RSA169-B:24, RSA 169-B:25, or RSA
169-B:26. Child also includes a person in actual attendance at Pinkerton who is less than
22 years of age and who has not received a high school diploma.
5. “Serious injury” means any harm to the body which requires hospitalization or results in
the fracture of any bone, non-superficial lacerations, injury to any internal organ, second-
or third-degree burns, or any severe, permanent, or protracted loss of or impairment to the
health or function of any part of the body.
Procedures for Managing The Behavior of Students: (RSA 126-U:2)
The Headmaster is authorized to establish procedures for managing the behavior of students.
Such procedures shall be consistent with this policy and all applicable laws and regulations. The
Headmaster is further authorized to establish any other procedures necessary to implement this
policy and/or any other legal requirements.
RESTRAINT
Circumstances in Which Restraint May Be Used: (RSA 126-U:5)
Restraint will be used only to ensure the immediate physical safety of persons when there is a
substantial and imminent risk of serious bodily harm to the child or others. The determination of
whether the use of restraint is justified may be made with consideration of all relevant
circumstances, including whether continued acts of violence by a child to inflict damage to
property will create a substantial risk of serious bodily harm to the child or others.
Persons implementing a restraint will use extreme caution, and will use the least amount of
physical strength necessary to protect the student. The use of physical intervention should not
exceed that necessary to avoid injury. The degree of physical restriction employed must be in
proportion to the circumstances of the incident and the potential consequences. School
administration may elect to contact the local law enforcement agency for support if necessary.
A restraint of a student will be conducted in a manner consistent with the techniques prescribed in
the Academy’s approved training program. The purpose of the restraint is to assist the student to
regain emotional stability. It should last only as long as is necessary to accomplish this purpose.
To the extent possible, it will be conducted in such a way as to preserve the confidentiality and
dignity of all involved.
Restraint should be carried out by trained persons authorized by the Headmaster, Special
Education Department Head, Dean of Students, Associate Dean of Students/Designee when all
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other interventions have failed or been deemed inappropriate. Untrained staff is limited to
physically intervening by using the minimal amount of physical contact with the student to
protect the student and ensure the safety of others until trained staff is available. Untrained staff
should request assistance from trained staff as soon as possible.
Restraint shall never be used explicitly or implicitly as punishment for the behavior of a child.
Authorization and Monitoring of Extended Restraint: (RSA 126-U:11)
1. Restraint shall not be imposed for longer than is necessary to protect the student or others
from the substantial and imminent risk of serious bodily harm.
2. Students in restraint shall be continuously and directly observed by district personnel trained
in the safe use of restraint.
3. No period of restraint of a student may exceed 15 minutes without the approval of a
supervisory employee designated by the Headmaster to provide such approval.
4. No period of restraint of a student may exceed 30 minutes unless a face-to-face assessment of
the mental, emotional, and physical well-being of the student is conducted by a supervisory
employee designed by the Administrator who is trained to conduct such assessments. The
assessment shall also include a determination of whether the restraint is being conducted
safely and for a purpose authorized by RSA 126-U. Such assessments shall be repeated at
least every 30 minutes during the period of restraint. Each such assessment shall be
documented in writing and such records shall be retained by the facility or school as part of
the written notification required in RSA 126-U:7, II.
Prohibition of Dangerous Restraint Techniques (RSA 126-U:4)
Use of the following restraint and behavior control techniques are prohibited:
1. Any physical restraint or containment technique that:
a. Obstructs a student’s respiratory airway or impairs the student’s breathing or respiratory
capacity or restricts the movement required for normal breathing;
b. Places pressure or weight on, or causes the compression of, the chest, lungs, sternum,
diaphragm, back , or abdomen of a student;
c. Obstructs the circulation of blood;
d. Involves pushing on or into the student’s mouth, nose, eyes, or any part of the face or
involves covering the face or body with anything, including soft objects such as pillows,
blankets, or washcloths; or
e. Endangers a student’s life or significantly exacerbates a student’s medical condition.
2. The intentional infliction of pain, including the use of pain inducement to obtain compliance.
3. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a
student for the purpose of controlling or modifying the behavior of or punishing the student.
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4. Any technique that unnecessarily subjects the student to ridicule, humiliation, or emotional
trauma.
Transportation: (RSA 126-U:12)
Pinkerton shall not use mechanical restraints during the transportation of students unless case-
specific circumstances dictate that such methods are necessary. As defined above, mechanical
restraint does not include seat belts, safety belts or similar restraints used to safely transport a
student.
Whenever a student is transported by Pinkerton to a location outside the school, the Headmaster
will ensure that all reasonable and appropriate measures consistent with public safety are made to
transport or escort the student in a manner which:
1. Prevents physical and psychological trauma;
2. Respects the privacy of the student; and
3. Represents the least restrictive means necessary for the safety of the student.
Whenever a student is transported using mechanical restraints, the Headmaster or designee will
document in writing to the parents/guardian(s) the reasons for the use of the mechanical
restraints. The documentation shall be treated as a notification of restraint.
SECLUSION
Limitations on the Use of Seclusion: (RSA 126-U:5-a)
Seclusion may not be used as a form of punishment or discipline. It may only be used when a
child’s behavior poses a substantial and imminent risk of physical harm to the child or to others,
and may only continue until that danger has dissipated.
Seclusion shall only be used by trained personnel after all other approaches as to the control of
behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely
to succeed based on the history of actual attempts to control the behavior of a particular child.
Seclusion shall not be used in a manner that unnecessarily subjects the child to the risk of
ridicule, humiliation, or emotional or physical harm.
Conditions of Seclusion: (RSA 126-U:5-b)
Seclusion may only be imposed in rooms which:
Are of a size which is appropriate for the chronological and developmental age, size, and
behavior of the children placed in them.
Have a ceiling height that is comparable to the ceiling height of the other rooms in the
building in which they are located.
Are equipped with heating, cooling, ventilation, and lighting systems that are comparable
to the systems that are in use in the other rooms of the building in which they are located.
Are free of any object that poses a danger to the children being placed in the rooms.
Have doors which are either not equipped with locks, or are equipped with devices that
automatically disengage the lock in case of an emergency. An emergency includes, but is
not limited to:
o The need to provide direct and immediate medical attention to a child;
o Fire;
o The need to remove a child to a safe location during a building lockdown; or
o Other critical situations that may require immediate removal of a child from
seclusion to a safe location
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o Are equipped with unbreakable observation windows or equivalent devices to
allow the safe, direct, and uninterrupted observation of every part of the room.
Each use of seclusion shall be directly and continuously visually and auditorially monitored by a
person trained in the safe use of seclusion.
REPORTING REQUIREMENTS AND PARENTAL NOTIFICATION OF RESTRAINT
OR SECLUSION: (RSA 126-U:7, I-III, RSA 126-U:10, RSA 126-U:11)
Unless prohibited by court order, the Associate Dean of Students shall make reasonable efforts to
verbally notify the student’s parents/guardian and guardian ad litem whenever seclusion or
restraint has been used on their child. Such notification shall be made as soon as practicable and
in no event later than the time of the return of the child to the parent or guardian or the end of the
business day, whichever is earlier. Notification shall be made in a manner calculated to give the
parent or guardian actual notice of the incident at the earliest practicable time.
The Dean of Students will, within 5 business days after the occurrence, submit a written
notification/report to the Headmaster. The notification shall contain all requirements and
information as mandated by RSA 126-U:7, II. The Headmaster may develop a reporting form or
other documents necessary to satisfy these reporting requirements.
Unless prohibited by court order, the Headmaster shall, within 2 business days of receipt of the
notification required in the above paragraph, send by first class mail or electronic mail to the
student’s parent or guardian the information contained in the notification/report. Each
notification/report prepared under this section shall be retained by the school or facility for review
in accordance with rules adopted under RSA 541-A by the state board of education.
If a restraint lasts for more than 30 minutes, the notice must include documentation of the face-to-
face assessment that the restraint was conducted safely and for an authorized purpose.
In cases involving serious injury or death to a child subject to restraint or seclusion, the Academy
shall also notify the Commissioner of the Department of Education, the Attorney General, the
sending school district, and the Disabilities Rights Center.
Upon information that restraint or seclusion has been used for the first time upon a child with an
educational disability or who is receiving services under Section 504 of the Rehabilitation Act,
the Academy shall convene a Team meeting to review the individual educational program and/or
Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use
of restraint or seclusion. In addition, a parent or guardian of a child with a disability may request
such a review at any time following an instance of restraint or seclusion and such request shall be
granted if there have been multiple instances of restraint or seclusion since the last review.
INTENTIONAL PHYSICAL CONTACT (RSA 126-U:7, IV-VI)
Whenever an employee has intentional physical contact with a child which is in response to a
child’s aggression, misconduct, or disruptive behavior, the Associate Dean of Students or his/her
designee shall make reasonable efforts to promptly notify the child’s parent or guardian. Such
notification shall be made no later than the time of the return of the child to the parent or guardian
or the end of the business day, whichever is earlier. Notification shall be made in a manner
calculated to give the parent or guardian actual notice of the incident at the earliest practicable
time.
Notice is not required:
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When a child is escorted from an area by way of holding of the hand, wrist, arm,
shoulder, or back to induce the child to walk to a safe location. However, if the child
is actively combative, assaultive, or self-injurious while being escorted, notice is
required.
When actions are taken such as separating children from each other, inducing a child
to stand, or otherwise physically preparing a child to be escorted.
When the contact with the child is incidental or minor, such as for the purpose of
gaining a misbehaving child’s attention. However, blocking of a blow, forcible
release from a grasp, or other significant and intentional physical contact with a
disruptive or assaultive child is subject to the notice requirements.
When the incident involves restraint or seclusion.
In any case requiring notification, the Dean of Students or his/her designee shall, within 5
business days of the occurrence, prepare a written description of the incident. The description
shall include at least the following information:
a. The date and time of the incident;
b. A brief description of the actions of the child before, during, and after the occurrence.
c. The names of the persons involved in the occurrence.
d. A brief description of the actions of the Academy employees involved before, during,
and after the occurrence.
e. A description of any injuries sustained by, and any medical care administered to, the
child, employees, or others before, during, or after the incident.
The Headmaster may develop a reporting form or other documents necessary to satisfy these
reporting requirements.
RCVD 9/1/2016
G. Emergency Intervention Services:
In compliance with Ed 1114.08 All crisis or emergency intervention procedures that are agreed by the students IEP Team shall be included in the student’s IEP and shall comply with Ed 1114.07 and RSA 126-U:5.
H. Diploma & Graduation
PINKERTON ACADEMY DIPLOMA & GRADUATION INFO
Individualized Diploma
The Individualized Diploma is a certification of completion that is awarded to any
student attending Pinkerton Academy who has successfully completed 22 modified
credits. Students have the opportunity to access classes on modified content criteria for
modified credit or the student may have a blended program of credit courses and
modified credit courses. An individualized diploma does not meet the State of New
Hampshire requirement of 20 credits in specific areas as outlined by the State Minimum
Standards; however, it does verify that the student has successfully met the educational
requirements set forth in a plan developed by Pinkerton Academy. Students with
educational disabilities are eligible for special educational and related services until they
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have reached the age of 21 or earn a traditional diploma, whichever comes first, or until
the IEP team has determined that the student is no longer eligible for special education
and related services.
Certificate of Completion The Certificate of Completion will be awarded to special education students whose
disability substantially limits staff from being able to evaluate academic progress and
whose IEP Plan is to attend classes solely for social interaction and/or therapy needs. No
credits or modified credit are awarded and students are required to adhere to the
Academy’s attendance policy. A certificate of completion does not meet the State of New
Hampshire requirement for 20 credits in specific areas as outlined in the State Minimum
Standards; however, it does verify that the student has successfully met the educational
requirements set forth in a plan developed by Pinkerton Academy. See ED 306.27.
Students with educational disabilities are eligible for special educational and related
services until they either reach the age of 21 or earn a traditional diploma, whichever
comes first, or until the IEP or Section 504 team has determined that the student is no
longer eligible for special education and related services.
Graduation Ceremony Every student who meets the requirements for either an individualized diploma,
certificate of completion, traditional diploma, honors diploma, or adult diploma and who
is otherwise eligible to do such, shall be eligible to participate in one graduation
ceremony at Pinkerton Academy. Graduation will be the culminating event for students
who qualify for a diploma or certificate of completion. In the case of a student who
qualifies for an Individualized Diploma or a Certificate of Completion, the student may
select to participate in one graduation ceremony either at the end of their fourth complete
year of high school or a subsequent graduation ceremony at the Academy until the June
prior to the completion of the student’s IEP. A student not qualifying for a traditional/
honors diploma may remain at Pinkerton Academy until the student is 21 years of age or
earns a traditional diploma. Students may not participate in a second graduation
ceremony. Note: Courses taken for skill unit (Individualized Diploma) will be given a
letter grade on the student’s transcript.
Students with extended incompletes who, for medical reasons, cannot complete the work
by graduation day but have every expectation of completing missing work by August 15
of the graduation year, may participate in the Graduation Exercises if the Extended
Incomplete Graduation Ceremony Procedures are followed and the student’s petition is
approved. The procedure is available from either School Counseling or the Dean of
Studies and Instruction.
All students must return (or pay for) all books and materials and must have paid their
class dues for all years in order to participate in graduation. All students who participate
in Baccalaureate and/or Graduation exercises are required to comply with the dress code
that is distributed by the administration.
Students who transfer to Pinkerton as fifth-year students will need to take a minimum of
4 academic courses each semester and will need to pass at least 3 academic courses each
semester in order to be considered for participation in the graduation ceremony with the
Pinkerton graduating class.
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I. Physical Education Policy:
It is expected that all special education students will follow the participation policy unless
exceptions and/or modifications have been designated in the I.E.P. Students and parents
should be aware that a student may be removed from the class permanently if they exceed
5 unexcused days of class.
J. Modified Credit (Skill Unit):
A skill unit is a measurement of documented time spent in a class working on
individualized grading criteria that would not meet minimum curriculum standards.
All courses will be assigned a skill unit value such as .50 and 1.0. Each quarter a letter
grade will be assigned to assess progress made on the individualized grading criteria.
Students must adhere to the attendance policy unless there are special circumstances and
the student’s administrator approves an exception. Skill units may be applied only to the
Individualized Diploma.
The IEP team will determine if a course will be taken for modified credit. The team can
change to skill unit or back to credits during the first three weeks of class. A student may
have a blended program of courses for skill units and credits.
K. Adding, Dropping or Changing Classes:
In addition to the general policies outlined in the student handbook regarding course
changes, it is important to note that an addendum to a student’s I.E.P. is required to drop,
add, or change a student’s resource room or special class, because it is considered a
change of placement.
L. Confidentiality of Information & Annual Notice of Students and Parents of
Pinkerton Academy regarding their rights under the Family Education Rights and Privacy Act of 1974. Pinkerton Academy complies with 34 CFR 300.610-300.627, relative to confidentiality of information, including compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232G, (FERPA) and its implementing regulations in 34 CFR Part 99. The federal Family Educational Rights and Privacy Act of 1974 (“FERPA”) (20 U.S.C. 1232g) and regulations adopted by the US Department of Education (34 CFR 99.1 et seq.) grant parents and students who are 18 years of age or older (“eligible students”) certain rights relative to the student’s education records maintained by Pinkerton Academy, Derry, NH.
However, if a parent/guardian still claims the eligible student as a dependent on the
IRS income tax forms, that parent retains the right to access to the student’s educational
records.
Rights under the Family Educational Rights and Privacy Act of 1974 include:
First, a parent or an eligible student, as is appropriate, may inspect and review the
education records of that student. Parents or eligible students should submit a written
request that identifies the records they wish to inspect; such requests should be submitted
to the Dean of Studies & Instruction. Pinkerton Academy will make the requested records
available to the parent or eligible student within 45 days of the date that Pinkerton
Academy received the request. The right to inspect and review educational records
includes the right to a response from Pinkerton Academy to a reasonable request for
explanations and interpretations of records, and the right to obtain copies of such records
upon payment of a copying fee. In accord with FERPA, the Academy maintains a record
of all requests for, and disclosures of information from, the student’s educational records.
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Second, parents or eligible students may ask Pinkerton Academy to amend a record
that they believe is inaccurate, misleading, or otherwise in violation of the student’s
privacy rights under FERPA. A parent or eligible student who wishes to amend a record
should write to the Dean of Students, clearly identifying the part of the record they want
changed, and specifying why it is inaccurate or misleading, or invades the privacy rights
of the student. If Pinkerton Academy decides not to amend the record as requested by the
parent or eligible student, the Academy will notify the parent or eligible student of the
decision and of their right to a hearing regarding the request for the amendment.
Additional information regarding the hearing procedures will be provided to the parent or
eligible student upon request, or when notified of the right to a hearing.
If, after a hearing, a parent or eligible student’s request to have a student’s education
records amended is denied, the parent or eligible student has the right to place a statement
in the student’s education records commenting on the contested information contained in
such records and/or setting forth their reasons for disagreeing with the decision of the
Academy.
Third, parents and eligible students have the right to provide written consent before
Pinkerton Academy discloses personally identifiable information from a student’s
education records, except to the extent that FERPA authorizes disclosure without
consent.
It is the policy of Pinkerton Academy to disclose, without consent, educational records,
including disciplinary records, upon request from officials of another school or school
system in which a student seeks or intends to enroll, or is already enrolled, if the
disclosure is for purposes of the student’s enrollment or transfer. Upon request, the
Academy shall give the parents or eligible student a copy of the records that were
disclosed, and, upon request, it shall give the parent or eligible student the opportunity for
a hearing in accord with FERPA and its implementing regulations.
One of the situations where information regarding a student may be released without
prior written consent is when the data consists of “directory information.” According to
the policy adopted by the Pinkerton Academy Board of Trustees, the following categories
of information are deemed to be “directory information”: a student’s name, address,
telephone number, date and place of birth, major field of study, participation in officially
recognized activities and sports, weight and height of members of athletic teams, dates of
attendance, degrees and awards received, the most recent previous educational agency or
institution attended by the student, electronic mail address, grade level, and student ID
number, user ID, or other unique personal identifier used to communicate in electronic
systems that cannot be used to access education records without a PIN, password, etc. (A
student’s social security number, in whole or in part, will not be used for this purpose and
will not constitute directory information.)
The primary purpose of directory information is to allow the Academy to include this
type of information in school media and external media (i.e., local newspapers, TV, radio
and websites). Examples of school media include:
A playbill, showing your student’s role in a drama production;
The annual yearbook;
Honor roll or other recognition lists;
Graduation programs;
Sports activity sheets
Website and social media
Directory information is information that is generally not considered harmful or an
invasion of privacy if released can also be disclosed to outside organizations without a
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parent’s prior written consent. Outside organizations include, but are not limited to,
companies that manufacture class rings or publish yearbooks. In addition, two federal
laws require local educational agencies (LEAs) receiving assistance under the Elementary
and Secondary Education Act of 1965 (ESEA), 20 U.S.C. § 7908 and 10 U.S.C. § 503(c),
to provide military recruiters, upon request, with the following information – names,
addresses and telephone listings – unless parents have advised the LEA that they do not
want their student’s information disclosed without their prior written consent.
If you do not want Pinkerton Academy to disclose directory information from your
child’s educational records without your prior written consent, you must notify the Dean
of Students in writing.
It is also the policy of the Academy that photographs and recordings (audio and/or
visual) of students shall be considered “directory information”, as long as the material is
used for the purpose of general news, sports, student participation, or student
accomplishment. Photographs (and related materials) are essential to the yearbook, the
course catalog, the student handbook, the alumni bulletin, and local media (for news and
sports). A parent of a student, or an eligible student, may request that any or all of these
categories of information not be designated “directory information” with respect to that
student. Such requests shall be written, dated, and addressed to the Dean of Students.
Such requests shall remain in effect until rescinded by the parent or eligible student.
In accord with FERPA, the Academy may also disclose education records, without
consent, to school officials with legitimate educational interests. A school official is: a
person employed by the Academy or the student’s Sending District as an administrator,
supervisor, instructor, or support staff member (including health or medical staff and law
enforcement personnel); a person serving on the Board of Trustees or School Board of
the Sending District; a volunteer, or person or company with whom the Academy has
contracted to perform an institutional service or function for which the Academy would
otherwise use its own employees and who is under the direct control of the school with
respect to the use and maintenance of the personally identifiable information from the
education records (such as an attorney, auditor, medical consultant, or therapist); or a
parent or student serving on an official committee, such as a disciplinary or grievance
committee; or a parent, student, or other volunteer assisting another school official in
performing their tasks. A school official has a legitimate educational interest if the
official needs to review an education record in order to fulfill their professional
responsibility.
Parents and eligible students have the right to file a complaint with the US Department
of Education concerning alleged failures by Pinkerton Academy to comply with the
requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue,
SW, Washington, DC 20202-4605.
Upon request, this notice shall be made available in an alternate format or another
language.
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M. Release of Information - Transfer of Records:
Written parental/guardian or adult student permission must be obtained for special
education records to be released. This does not include directory information or other
documents as described in the student handbook. Sending school districts and Pinkerton
Academy forward all educational records as necessary for educational evaluation,
programming and placement purposes unless otherwise requested in writing by the
parent/guardian or the adult student.
When the transfer of records is requested with a signed release, the registrar’s office
forwards a copy of the student’s transcript and health records to the special education
office. Pertinent materials from the student’s file are copied. These include the I.E.P.,
testing data, student grade reports and registration. These are forwarded to the student’s
new school. A copy of the release of information form is placed in the student’s C-File
and the date the material is sent is recorded. Pinkerton Academy will then send file to last
school district they lived in while attending Pinkerton Academy.
N. Athletic Eligibility:
In order to participate in NHIAA athletic events, a student must have passed a minimum
of four (4) courses, (2-credit vocational courses count as 2 of the 4) during the previous
marking period, and must meet all other requirements of the NHIAA. Educationally
Disabled students and/or their parents should contact the Athletic Director at
437-5200 ext. 2115 for NHIAA eligibility requirements, to which Pinkerton Academy
subscribes.
O. Exploration Classes:
In addition to the various special education programs, Pinkerton Academy offers
Exploration Courses. These courses are modified in that they recognize different rates
and styles of learning. These classes are taught by regular education teachers with support
of a floating learning specialist and/or a paraeducator. Placement in Exploratory courses
for incoming freshmen requires the approval of the Special Education Director, all other
students must have the approval of the department head that the department the course
falls under. Exploratory courses are open to non special education students, with
permission of the special education director or department head. Teachers of the
exploratory classes are provided support from the special education department and they
meet frequently to share ideas.
P. Entrance Criteria:
Primarily for LD and Speech Language disabled students who need a great deal of
modified curriculum and a significant amount of individualized instruction. Students
need to have appropriate behavior and should not have a record of in-school or out of
school suspension during the last year. Good attendance is an important part of success
and students should not have more than 10 unexcused absences during the previous year.
Previous academic subject teacher will fill out the Exploratory Recommendation form
prior to students annual staffing and/or course sign ups. This information will be
reviewed at the annual staffing. Enrollment in this course must be approved by the
subject area department head. Incoming students will need approval from special
education director.
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Repeat students will not be allowed back automatically into the course. Students
requesting to repeat an Explorations course must meet with parent, teacher, department
head, case coordinator and Special Education Director.
If it is agreed the student should be able to repeat the class, then the student and parent
will need to sign an agreement of what the expectations will be and the student will be
removed from the class if those expectations are not met.
Q. Exit Criteria:
Follow same out of class procedures used for all classes. On third time removed from
class, the meeting should include student, parent, teacher, department head, special
education director and case coordinator.
The following Exploratory classes are offered:
Exploration in Number Concepts
Exploration in Pre-Algebra
Exploration in Algebra I
Exploration in Physical Science I & II
Exploration in Economics
Exploration in English 9 & 10
Exploration in American Government
Exploration in Cultural Geography
Exploration in United States History
Explorations in Practical Math for the Consumer
R. Counseling:
School Counselors are available to all students. In some cases the IEP team may
determine it necessary to have IEP driven counseling. Group counseling sessions are
developed throughout the year based on demand of specific themes. Individual
counseling sessions can focus on personal issues relating to family, peers, other
relationships, future goals, career planning and school related issues. Special education
students who are experiencing a “crisis” should report to the guidance department and a
counselor will see them. ACT & PASSES have their own counselors for students in these
programs.
S. Reading:
Reading instruction for remediation and compensation is available to special education
students upon recommendation of the student’s team. The following courses are available
to students. Usually students take them in their freshman and sophomore year. Students
who sign up for these classes should be motivated and committed to work on
improving their reading skills. These courses may be available to non-disabled students
on a space available basis and with permission from the Director of Special Education.
Reading in The Content I & II - This course is designed to teach reading comprehension
strategies to students who are significantly below reading grade level. It incorporates a
variety of modes and questioning techniques through which students can gain greater
understanding of what they have read.
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Reading Efficiency - This full year, double period course is designed to teach decoding
techniques to students who are significantly below reading grade level. A number of
phonics-based approaches are used, along with frequent oral reading to improve
automaticity and fluency. Students are expected to apply their improved decoding skills
through selection of independent reading assignments.
T. Speech and Language Services:
The focus of the speech language program is to teach students to be able to use language
in the spoken and written form to communicate effectively. Services are provided
primarily through consultation provided to special needs staff and classroom counselors.
Some small group instruction is done based on team recommendations.
In addition, the department uses a variety of web based reading programs that Case
Coordinators can use to assist students with Reading goals.
In addition, we offer Personal Communications Enrichment I and II, in an effort to
provide students with an intensive social pragmatics program so they will be better
prepared to transfer these skills in real life settings.
U. Transition Plans:
Transition planning is required for each student with a disability at age 14 (or younger, if
determined by the I.E.P. team), and updated annually, a statement of the transition service
needs of the student under the applicable components of the student’s I.E.P. that focuses
on the student’s courses of study.
For each student beginning at age 16 (or younger, if determined appropriate by the I.E.P.
team), a statement of needed transition services for the student, including, if appropriate,
a statement of interagency responsibilities or any linkages.
V. Autism Spectrum Disorders:
Pinkerton Academy does not have a specific program for students with ASD, but has
successfully utilized all 3 programs to develop individual plans for students, by blending
programs. Pinkerton Academy completed a year long self-review of our services and we
have an ASD Specialist on staff to provide supports to students and staff.
W. Standard Operating Procedures for Pinkerton Student WI-FI Connections
Pinkerton Academy currently offers wireless network access across 99% of the campus buildings. We
have taken careful steps to ensure the safety of all end users. Today, Pinkerton has one of the highest
capacity internet circuits for schools in New England.
- There are specific wireless access groups designed for guests, students, faculty, and administrative
personnel. Each wireless group grants a specific level of access to internal and external network
resources.
- We have deployed real-time internet filtering and content oversight with the assistance of 2 high-
capacity firewalls, and best of breed content management software. Any user logged into the
Pinkerton Domain is considered a monitored device. Any device placed on a network other than guest,
is a managed device. A managed device is under Pinkerton IT control. This complies with IT security
best practices, and specific rules such as the Children's Internet Protection Act (CIPA, enacted
December 21, 2000) which requires recipients of federal technology funds to comply with certain
Internet filtering and policy requirements.
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- Non-Pinkerton devices are allowed on the guest wireless network group. This will provide for
standard Internet access. The Pinkerton IT Department is not responsible for managing or supporting
devices that have access to the guest network. Pinkerton IT reserves the right to change this "open"
guest network policy when necessary. The guest network should not be viewed as a guaranteed
service for day to day work requirements. Any request for a non-Pinkerton owned (personal, sending
school districts, etc) devices to gain access to the student, faculty, or administrative support wireless
access groups should be submitted via email by the Department Head in question to Pinkerton's
Technology Director with a statement of academic justification.
X. College Placement:
Special needs students planning to attend college should follow the same procedures
outlined in the Pinkerton Academy’s College Admissions Handbook (i.e. release form,
faculty recommendations, student data form, etc.), but should also be aware of certain
services.
In selecting a college, it would be to the student’s advantage to contact their counselor to
discuss support services, adaptations, special programs and modifications available that
best service individual needs. Though a student’s disability is confidential we highly
recommend you share this information with the colleges of interest. The student should
consider the value of being able to clearly describe his/her disability and the
modifications that have best helped at the high school level.
Also, check for certain requirements and inquire if they are willing to waive requirements
in light of a specific disability. (i.e. foreign language for a severe speech and language
disability).
Y. SAT & PSAT for Students with Disabilities
Any student with a disability who seeks accommodations on the SAT or PSAT for results
to be considered for college should review the guidelines found in the SAT Registration
Booklet or visit the website at www.collegeboard.com/ssd. This process should begin in
a student’s freshman or sophomore year.
The College Board has set its own criteria for determining whether a student qualifies for
accommodations. An application must be completed and submitted to the College Board
to determine a student's eligibility. If, after reviewing the guidelines, you believe you
qualify, see your School Counselor or Case Coordinator right away to start the
process. The deadlines to qualify for accommodations are generally 7 weeks prior to the
test date. All deadlines are posted on the website.
SAT is also currently being used as a State High School 11th
Grade exam. This can be
used for college if you go through the College Board Approval Process.
No student should discard the dream of higher education and advancement due to a
disability. Students should explore the excellent programs and services offered at the
colleges, universities and technical schools of their choice.