The Massachusetts Association of Nonprofit Schools and Colleges

The Massachusetts Association of Nonprofit Schools and Colleges (MANS&C) is an organization made up of private, independent schools, colleges and universities in Massachusetts.Our purpose is to monitor and respond to legislative and regulatory activity by the Commonwealth that has a direct impact on the welfare of our membership.

By combining our collective interests and sharing information, we increase our ability to be informed and active in this vital area of mutual concern. Through our legal counsel and collaborative efforts with other organizations that share this mission, we insure that our interests are appropriately articulated and persuasively presented to legislative and regulatory bodies.

EPA Backs Off from Enforcing Certification Deadline for New Lead-Paint Regulations

The Environmental Protection Agency (EPA) announced recently that it will delay enforcing some elements of a new lead-paint regulation affecting renovations and repairs to buildings built before 1978.

The agency said it will delay enforcement of certification requirements for renovation and repair firms until Oct. 1 of this year, due to the fact that many have been unable to obtain government-approved training in time. Action will not be taken against individual renovation workers, as long as they have applied for or are enrolled in training classes by September 30.

The EPA Renovation, Repair and Painting Rule still requires strict adherence to lead-safe work practices, however, including special equipment filters and a ban on open flames. In addition Renovation, Repair and Painting-certified contractors must abide by certain work practices, including:

  • Posting signs in the work area
  • Covering the ground with plastic, and closing and covering ducts, windows and doors
  • Picking up paint chips
  • Using a HEPA vacuum to clean walls and floors
  • Dust sampling and cleaning verification

The regulations apply to housing and all buildings frequented by children under the age of six for more than 6 hours per week per child. The certification requirements cover a wide range of workers, including school maintenance staffs, siding contractors, carpenters, handymen, plumbers, electricians, insulators, weatherization techs, HVAC contractors, demolition workers and anyone else who disturbs painted surfaces.

For more information about the new regulations, click here.

 

Anti-Bullying Law Checklists for Nonprofit Schools

The state’s new anti-bullying law (Chapter 92 of the Acts of 2010), signed by Gov. Patrick on May 3, is considered the strictest in the nation.

Although public school incidents prompted the legislature to pass the measure, many provisions of the law also apply to nonprofit schools, both day and residential, with all grade levels.

MANS&C supports the effort to stop bullying. Nevertheless, during debate on the bill, MANS&C Legal Counsel John J. Spillane worked behind the scenes to ensure that our institutions’ interests were represented. As a result, the new law contains more limited requirements for “non-public schools,” which is the term it uses for nonprofit institutions.

The following checklists will provide you with an overview of how the law affects our institutions and some guidance in meeting its requirements.

According to the law, here are some things that your institution must do:

  • Create a bullying prevention and intervention plan by December 31 of this year in consultation with teachers, staff, professional support personnel, school volunteers, administrators, community representatives, local law enforcement, students, their parents and guardians.
  • Inform all of your parents and students about your plan and then set aside time for families to comment.
  • Inform all faculty and staff about the plan in writing and train them annually on it.
  • Post the plan on your school Web site and include information about the law in your student and employee handbooks.
  • Notify parents and students annually about student-related sections of the plan.
  • Update your plan at least every two years.
  • Develop procedures your head of school or equivalent must use to immediately notify the local police when criminal charges may be pursued against the perpetrator.

Each headmaster or person who holds a comparable position is responsible for the implementation and oversight of the plan at his or her school.

The state Department of Education will make a model plan and a wide variety of resources available to schools in the process of creating a bullying prevention and intervention plan. The law provides the following framework for what the plan must include:

  • Descriptions of and statements prohibiting bullying, cyber-bullying and retaliation.
  • Clear procedures for students, staff, parents, guardians and others to report bullying or retaliation.
  • A provision that reports of bullying or retaliation may be made anonymously and that no disciplinary action shall be taken against a student solely on the basis of an anonymous report.
  • Clear procedures for promptly responding to and investigating reports of bullying or retaliation.
  • The range of disciplinary actions that may be taken against someone for bullying or retaliation. The actions must balance the need for accountability with the need to teach appropriate behavior.
  • Clear procedures for restoring a victim’s sense of safety and assessing his or her need for protection.
  • Strategies for protecting someone from bullying or retaliation if he or she reports bullying, provides information during an investigation, or witnesses or has reliable information about an act of bullying.
  • Procedures consistent with state and federal law for promptly notifying the parents or guardians of a victim and a bully. Parents also must be informed of any action taken to prevent future bullying or retaliation, and local law enforcement must be notified when criminal charges may be filed against a bully.
  • A provision that a student who knowingly makes a false accusation of bullying or retaliation shall be subject to disciplinary action.
  • A strategy for providing counseling or referral to appropriate services for bullies and victims and for appropriate family members of the students. The plan shall afford all students the same protection regardless of their status under the law.

Bullying is prohibited:

  • On school grounds and property immediately adjacent to school grounds.
  • At a school-sponsored or school-related activity, function or program, whether on or off school grounds.
  • At a school bus stop, on a school bus or other vehicle owned, leased or used by a school district or school.
  • Through technology or an electronic device owned, leased or used by a school district or school.

At a location, activity, function or program that is not school-related or through technology or an electronic device that is not owned, leased or used by a school district or school, if the bullying creates a hostile environment at school for the victim, infringes on his or her rights at school or materially and substantially disrupts the education process or the orderly operation of a school.

Read a full text of the law here.
MANS&C 20 Newton Street Brookline MA 02445-7498 | TEL: 617-928-7694 FAX: 617-522-8166