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Policies and Procedures

Following are some important student policies and procedures for the OESJ Central School District. Other policies and procedures can be found in the student handbooks.

  • - OESJ Code of Conduct 25-26

  • The Dignity for All Students Act (DASA)
    The Dignity for All Students Act was signed into law on September 13, 2010. This legislation amended State Education Law by creating a new Article 2 – Dignity for All Students. The Dignity Act also amended Section 801-a of New York State Education Law regarding instruction in civility, citizenship, and character education by expanding the concepts of tolerance, respect for others and dignity to include: an awareness and sensitivity in the relations of people, including but not limited to, different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity, and sexes. The Dignity Act further amended Section 2801 of the Education Law by requiring Boards of Education to include language addressing The Dignity Act in their codes of conduct. Additionally, under the Dignity Act, schools will be responsible for collecting and reporting data regarding material incidents of discrimination and harassment.

    The DASA coordinators for the district are the building principals. Please contact them if you have questions, concerns, or want to report an incident.

    Reporting an act of bullying

    • The DASA Coordinator is responsible for receiving oral or written complaints alleging violations of this policy, as with all infractions from the Student Code of Conduct.
    • Students may report complaints of bullying to any school district employee, faculty or staff. All District employees, faculty and staff are required and must report, in writing, any allegations of bullying or violations of this Policy involving students to the DASA Coordinator.
    • Any other members of the school community who have credible information that an act of bullying has taken place may file a report of bullying, whether a victim or witness.
    • Any student (and/or the parent on that complainant’s behalf if the complainant is a minor) who believes he/she is a victim of bullying (or any individual, including any student who has knowledge of any incident(s) involving bullying of students) is strongly encouraged to report the incident to a school official.
    • A school district employee, school volunteer, contractor, student, parent/guardian or other persons who promptly reports in good faith an act of bullying to the appropriate school official, and who makes this report in compliance with the procedures set forth in this District Policy, is immune from a cause of action for damages arising out of the reporting itself or any failure to remedy the reported incident. Submission of a good faith complaint or report of bullying will not affect the complainant or reporter’s future employment, grades, learning or working environment, or work assignments within Oppenheim Ephratah St. Johnsville Central School.
    • The DASA Coordinator shall document in writing on the proper form regarding bullying, as with all infractions of the Code of Student Conduct, to ensure that problems are appropriately addressed in a timely manner, whether the report is made verbally or in writing.

    More information about policies and procedures related to DASA is outlined in the student handbooks and Board of Education policies.

    DASA Resources

  • Following is a general overview on the district discipline procedures. Complete information can be found in the student handbooks.

    General overview
    Discipline is most effective when it deals directly with the problem at the time and place it occurs, and in a way that students view as fair and impartial. School personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on the student’s ability to grow in self-discipline.

    Disciplinary action, when necessary, will be firm, fair and consistent so as to be the most effective in changing student behavior. In determining the appropriate disciplinary action, school personnel authorized to impose disciplinary penalties will consider the following:

    • The student’s age
    • The nature of the offense and the circumstances, which led to the offense
    • The student’s prior disciplinary record
    • The effectiveness of other forms of discipline
    • Information from parents, teachers and/or others, as appropriate
    • Other extenuating circumstances

    As a general rule, discipline will be progressive. This means that a student’s first violation will usually merit a lighter penalty than subsequent violations. Certain penalties could result in a referral to law enforcement.

    If the conduct of a student is related to a disability or suspected disability, the student shall be referred to the Committee on Special Education and discipline, if warranted, shall be administered consistent with the separate requirements of this code of conduct for disciplining students with a disability or presumed to have a disability. A student identified as having a disability shall not be disciplined for behavior related to his/her disability.

    Penalties
    Students who are found to have violated the district’s code of conduct may be subject to the following penalties, either alone or in combination. The school personnel identified after each penalty are authorized to impose that penalty, consistent with the student’s right to due process.

    • Oral warning: Any member of the district staff
    • Written warning: Bus drivers, hall and lunch monitors, coaches, guidance counselors, teachers, principal, superintendent
    • Written notification to parent: Guidance counselors, teachers, principal, superintendent
    • Detention: Teachers, principal, superintendent
    • Suspension from transportation: Director of Transportation, principal, superintendent
    • Suspension from athletic participation: Coaches, athletic director, principal, superintendent
    • Suspension from social or extracurricular activities: Activity director, principal, superintendent
    • Suspension of other privileges: Principal, superintendent
    • In-school suspension: Principal, superintendent
    • Removal from classroom: Principal
    • Short-term (five days or less) suspension from school: Principal, superintendent, Board of Education
    • Long-term (more than five days) suspension from school: Superintendent, Board of Education
    • Permanent suspension from school: Superintendent, Board of Education

  • It is the policy of the Oppenheim-Ephratah-St. Johnsville School District not to permit discrimination or harassment based on race, creed, color, sex, national origin, religion, age, economic status, marital status, sexual orientation or disability in the district’s educational programs, activities or employment. Harassment may take the form of comments, name-calling, jokes, stalking, perpetuating rumors or gossip, offensive gestures or language, assault or any other behavior that is designed to annoy, intimidate or cause fear. This also includes cyberbullying. If anyone discriminates against you or harasses you, you must report it to a teacher or the building principal immediately.

    The Board is committed to providing an environment free from discrimination and harassment.

    Accordingly, the Board prohibits discrimination and harassment on the basis of race, color, religion, national origin, sex, sexual orientation, age, disability or other legally protected category. Such actions and occurrences are prohibited regardless of whether they take place on District premises or at school-sponsored events, programs, or activities held at other locations.

    Prohibited Conduct
    Determinations as to whether conduct or occurrences constitute discrimination or harassment for the purposes of this Policy and its implementing Administrative Regulations will be made consistent with applicable law. Such determinations may depend upon a number of factors, including but not limited to: the particular conduct or occurrence at issue, the ages of the parties involved, the context in which the conduct or occurrence takes place, the relationship of the parties to one another, the category or characteristic that is alleged to have been the basis for the action or occurrence, and other considerations as are necessary and consistent with law. The characterizations and examples below are intended to serve as a general guide for individuals in determining whether to file a complaint of
    discrimination or harassment, and should not be construed to add or limit the rights individuals and entities possess as a matter of law.

    Discrimination is, generally, the practice of conferring or denying privileges on the basis of membership in a legally protected class. Discriminatory actions may include, but are not limited to: refusing to promote or hire an individual on the basis of his or her membership in a protected class, denying an individual access to facilities or educational benefits on the basis of his or her membership in a protected class, or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.

    Harassment generally consists of subjecting an individual, on the basis of his or her membership in a protected class, to conduct and/or communications that are sufficiently severe, pervasive, or persistent as to have the purpose or effect of: creating an intimidating, hostile, or offensive environment; substantially or unreasonably interfering with an individual’s work or a student’s educational performance, opportunities, benefits, or well-being; or otherwise adversely affecting an individual’s employment or educational opportunities.

    Harassment can include unwelcome verbal, written, or physical conduct which offends, denigrates, or belittles an individual because of his or her membership in a protected class. Such conduct includes, but is not limited to: derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written materials or pictures.

    Civil Rights Compliance Officers

    The District will designate one or more individuals to serve as Civil Rights Compliance Officers.

    The Civil Rights Compliance Officers will be responsible for coordinating the District’s efforts to comply with and carry out its responsibilities regarding non-discrimination and anti-harassment, including investigations of complaints alleging discrimination, harassment, or the failure of the District
    to comply with its obligations under relevant non-discrimination and anti harassment laws and regulations (e.g., the Americans with Disabilities Act, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973).

    Prior to the beginning of each school year, the District will issue an appropriate public announcement or publication which advises students, parents or guardians, employees and other relevant individuals of the District’s established grievance procedures for resolving complaints of discrimination and harassment. Included in such announcement or publication will be the name, address, telephone number, and email address of the Civil Rights Compliance Officers. The District’s website will reflect current and complete contact information for the Civil Rights Compliance Officers.

    The Civil Rights Compliance Officers for the District are District/Building Compliance Officers. There will be two Building Compliance Officers, one of each gender, in every building and two District Compliance Officers, one of each gender. The Building Compliance Officers will be responsible for handling complaints in their building unless the complaint involves one of the officers or needs to be resolved at the District level.

    Investigation of Complaints and Grievances

    The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination and/or harassment based on any of the characteristics described above, and will promptly take appropriate action to protect individuals from further discrimination or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.

    It is essential that any individual who is aware of a possible occurrence of discrimination or harassment immediately report such occurrence. All reports will be directed or forwarded to the District’s designated Civil Rights Compliance Officers. Such complaints are recommended to be in writing, although verbal complaints of discrimination or harassment will also be promptly investigated in accordance with applicable law and District policy and procedure. In the event the Civil Rights Compliance Officer is the alleged offender, the report will be directed to another Civil Rights Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent.

    To the extent possible, all complaints will be treated as confidential. Disclosure may, however, be necessary to complete a thorough investigation of the charges and/or notify law enforcement officials.

    If an investigation reveals that discrimination or harassment has occurred, the District will take immediate corrective action as warranted. Such action will be taken in accordance with applicable laws and regulations, as well as any and all relevant codes of conduct, District policies and administrative regulations, collective bargaining agreements, and/or third-party contracts.

    Knowingly Makes False Accusations

    Any employee or student who knowingly makes false accusations against another individual as to allegations of discrimination or harassment will face appropriate disciplinary action.

    Prohibition of Retaliatory Behavior

    The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination and/or harassment. Complaints of retaliation may be directed to the Civil Rights Compliance Officer. In the
    event the Civil Rights Compliance Officer is the alleged offender, the report will be directed to another Civil Rights Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent.

    Where appropriate, follow-up inquiries will be made to ensure that discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.

    Additional Provisions

    Regulations will be developed for reporting, investigating, and remedying allegations of discrimination and/or harassment.

    In order to promote familiarity with issues pertaining to discrimination and harassment in the schools, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to staff and students. As may be necessary, special training will be provided for individuals involved in the investigation of discrimination and/or harassment complaints.

    A copy of this policy and its accompanying regulations will be available upon request and will be posted and/or published in appropriate locations and/or school publications.

    This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, harassment, and/or inappropriate behavior within this District. It is the intention of the District that all such policies and/or regulations be read consistently to provide protection from unlawful discrimination and harassment. However, different treatment of any individual which has a legitimate, legal, and nondiscriminatory reason shall not be considered a violation of District policy.

    Age Discrimination in Employment Act, 29 USC Section 621
    Americans with Disabilities Act, 42 USC Section 12101 et seq.
    Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
    Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d et seq.
    Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e et seq.
    Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
    Education Law Section 2801(1)
    Executive Law Section 290 et seq.

    NOTE: Refer also to Policies

    • #6120 — Equal Employment Opportunity
    • #6121 — Sexual Harassment of District Personnel
    • #6122 — Employee Grievances
    • #7550 — Dignity for All Students Act
    • #7551 — Sexual Harassment of Students
    • District Code of Conduct

    Adopted: 7/1/13
    Revised: 8/7/14; 1/4/17

    Information
    Title IX regulation updates (August 2020):

    Title IX coordinator Jeanine Kawryga, jeanine.kawryga@oesj.org, 518-568-2014 ext. 2101

  • Parents’ Bill of Rights for Data Privacy and Security
    The NYS Education Department’s Education Law §2-d Bill of Rights for Data Privacy and Security

    Parents and eligible students can expect the following:

    1. A student’s personally identifiable information (PII)2 cannot be sold or released for any commercial purpose.
    2. The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency.
    3. State and federal laws,3 such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, that protect the confidentiality of a student’s PII, and safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred.
    4. A complete list of all student data elements collected by NYSED is available for public review at Data Privacy and Security, and by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
    5. The right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints may be submitted to NYSED online at Data Privacy and Security, by mail to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, by email to privacy@nysed.gov, or by telephone at 518-474-0937.
    6. To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.
    7. Educational agency workers that handle PII will receive training on applicable state and federal laws, the educational agency’s policies, and safeguards associated with industry standards and best practices that protect PII.
    8. Educational agency contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements.

    1 “Parent” means a parent, legal guardian, or person in parental relation to a student. These rights may not apply to parents of eligible students defined as a student eighteen years or older. “Eligible Student” means a student 18 years and older.
    2 “Personally identifiable information,” as applied to student data, means personally identifiable information as defined in section 99.3 of title 34 of the code of federal regulations implementing the family educational rights and privacy act, section 1232-g of title 20 of the United States code, and, as applied to teacher or principal data, means “personally identifying information” as such term is used in subdivision ten of section three thousand twelve-c of this chapter.
    3 Information about other state and federal laws that protect student data such as the Children’s Online Privacy Protection Act, the Protection of Pupil Rights Amendment, and NY’s Personal Privacy Protection Law can be found at Federal Laws that Protect Student Data.

  • Student Rights
    The district is committed to safeguarding the rights given to all students under state and federal law. In addition, to promote a safe, healthy, orderly and civil school environment, all district students have the right to:

    • Take part in all district activities on an equal basis regardless of race, color, creed, national origin, religion, gender or sexual orientation or disability
    • Present their version of the relevant events to school personnel authorized to impose a disciplinary penalty in connection with the imposition of the penalty
    • Access school rules and, when necessary, receive an explanation of those rules from school personnel
    • Be protected from intimidation, harassment, bullying or discrimination based on actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, sex, gender, including gender identity, sexual orientation or disability, by employees or students on school property or at a school sponsored event, function or activity

    Student responsibilities

    All district students have the responsibility to:

    • Contribute to maintaining a safe and orderly school environment that is conducive to learning and to show respect to other persons and to property
    • Be familiar with and abide by all district policies, rules and regulations dealing with student conduct
    • Attend school every day unless they are legally excused and be in class, on time, and prepared to learn
    • Work to the best of their ability in all academic and extracurricular pursuits and strive toward their highest level of achievement possible
    • React to direction given by teachers, administrators and other school personnel in a respectful, positive manner
    • Work to develop mechanisms to control their anger
    • Ask questions when they do not understand
    • Seek help in solving problems that might lead to discipline
    • Dress appropriately for school and school functions
    • Accept responsibility for their actions
    • Conduct themselves as representatives of the district when participating in or attending school-sponsored extracurricular events and to hold themselves to the highest standards of conduct, demeanor, and sportsmanship
    • To respect one another and treat each other fairly and civilly in accordance with the District’s Code of Conduct and provisions of the Dignity for All Students Act, including the responsibility to conduct themselves in a manner that fosters an environment free from intimidation, harassment or discrimination