Educational Policies – Oppenheim-Ephratah-St. Johnsville Central School District
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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Please be advised that the District’s Policy Manual developed with Erie 1 BOCES Policy Services is not to be interpreted as the rendering of legal advice. Application of Board policies to specific situations may necessitate consultation with the School Administrators/School Attorney to address the particular circumstances.
FOREWORD
Contained herein are the policy statements formulated by the Board of the Oppenheim-Ephratah-St. Johnsville Central School District.
Policy is defined as a basic plan of action. It establishes limits within which freedom of judgment can be exercised.
Policy is a governing principle of management. It is a statement that has an effect on the interests of those who come under its jurisdiction. A policy may originate from the constitution, from statute, from local determinations and/or from customary patterns of formal behavior.
Policy should accomplish the following:
a) State a position taken by the District;
b) Grant the authority to act;
c) Be sufficiently detailed to give adequate direction;
d) Be achievable within the real environment of the school and community;
e) Provide for impartial procedures.
In addition to the adopted policies, the operation of the District is governed by and subject to all applicable Laws, Regulations of the Commissioner of Education, Civil Service requirements, Board of Education Resolutions, School Administrative Regulations and Contracts of Agreement.
If any part of this manual is made invalid by judicial decision or legislative or administrative enactment, all other parts shall remain in full effect unless and until they are amended or repealed by the Board. The official record of the adoption, amendment, or repeal of the by-laws and policies of the Oppenheim-Ephratah-St. Johnsville Central School District shall be the minutes of the meetings of the Board.
OPPENHEIM-EPHRATAH-ST. JOHNSVILLE CENTRAL SCHOOL DISTRICT
The following citations will be used in the Policy Manual:
Federal:
- USC United States Code
- CFR United States Code of Federal Regulations
State:
- NYCRR New York Code of Rules and Regulations
- 8 NYCRR Regulations of the Commissioner of Education
PHILOSOPHY STATEMENT
In preparing individuals to develop their fullest potential for living in the society of today and tomorrow, the Board and the staff of the District:
I. Recognize their responsibility to help meet the physical, intellectual and emotional needs of children; particularly the needs to inquire, learn, think, and create; to establish aesthetic, moral and ethical values; and to relate satisfactorily to others in social situations involving family, work, government and recreation.
II. Accept primary responsibility for giving students a mastery of the basic skills of learning, thinking and problem-solving; for teaching them to use the various media of self-expression; for instilling in them a knowledge of the social and natural sciences; for acquainting them with the richness of our heritage; and for stimulating them to productive work in the various areas of human endeavor.
III. Acknowledge the importance of their supplemental role to the home and other social agencies in developing habits and attitudes which make for effective personal living, the maintenance of optimum physical and mental health, and the establishment of sound moral, ethical, and aesthetic values.
Realizing that education, as here defined, is a lifelong process, the School System seeks to orient its graduates toward various types of post-secondary education and further formal training and study of many types; and to provide educational opportunities particularly suited to the needs of adults, both as individuals and as citizens in a democracy.
1000 By-Laws
ORGANIZATION OF THE BOARD OF EDUCATION
- 1.1 School District and Board of Education Legal Status and Authority………………….. 1110
- 1.2 Board of Education: Qualifications, Numbers and Terms of Office…………………… 1120
NOMINATION AND ELECTION OF BOARD OF EDUCATION MEMBERS
- 2.1 Board of Education Members: Nomination and Election………………………………… 1210
- 2.2 Reporting of Expenditures and Contributions ………….. 1220
- 2.3 Resignation and Dismissal……………………………………………….. 1230
THE ROLE OF THE BOARD OF EDUCATION
- 3.1 Powers and Duties of the Board……………………………… 1310
- 3.2 Nomination and Election of Board Officers and Duties of the President and Vice President…………………………………………. 1320
- 3.3 Appointments and Designations by the Board of Education …………………………….. 1330
- 3.3.1 Duties of the District Clerk…………………………………. 1331
- 3.3.2 Duties of the School District Treasurer………….. 1332
- 3.3.3 Duties of the Tax Collector ……………………………….. 1333
- 3.3.4 Duties of the External (Independent) Auditor ….. 1334
- 3.3.5 Appointment and Duties of the Claims Auditor.. 1335
- 3.3.6 Duties of the Extraclassroom Activity Fund Central Treasurer and Faculty Auditor………………………………………………………………. 1336
- 3.3.7 Duties of the School Attorney ………………………………. 1337
- 3.3.8 Duties of the School Physician/Nurse Practitioner….. 1338
- 3.3.9 Duties of the Internal Auditor……………………………………… 1339
BOARD POLICY
- 4.1 Policy and Administrative Regulations ……………………. 1410
- 4.1.2 Location of Policy and Procedure Manuals ………… 1412
MEETINGS OF THE BOARD OF EDUCATION
- 5.1 Regular Board Meetings and Rules (Quorum and Parliamentary Procedure)………. 1510
- 5.1.1 Agenda Format ……………………………………………………………………………… 1511
- 5.2 Special Meetings of the Board of Education ………………… 1520
- 5.3 Minutes ………………………………………………………………………………………….. 1530
- 5.4 Executive Sessions …………………………………………………………………. 1540
MEETINGS OF THE DISTRICT
- 6.1 Annual District Meeting and Election/Budget Vote ……. 1610
- 6.1.1 Business of the Annual District Election ……………………… 1611
- 6.2 Annual Organizational Meeting ………………………………………… 1620
- 6.3 Legal Qualifications of Voters at School District Meetings…………… 1630
- 6.4 Absentee Ballots……………………………………………………………………. 1640
- 6.5 Submission of Questions and Propositions at the Annual
- Meeting and Election and Special District Meetings…………. 1650
1110 SUBJECT: SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS AND AUTHORITY
The Constitution of New York State, as amended in 1894, instructs the Legislature to provide for a system of free common schools wherein all children of the State may be educated.
The State Legislature has implemented this constitutional mandate through the creation of school districts of various types.
The Oppenheim-Ephratah-St. Johnsville Central School District is governed by the laws set forth for Central School Districts in Education Law Article 37, and by laws relating to, or affecting, Union Free School Districts as set forth in Education Law Article 35 and Common School Districts as set forth in Education Law Article 33.
The School District constitutes a corporate entity that possesses all the usual powers of a corporation for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property and real estate, and enter into such obligations as are authorized by law.
The Constitution of the State of New York places the responsibility for public education on the State Legislature, and directs the establishment of a State Department of Education for general supervision over the schools and headed by a Commissioner of Education. The New York State Constitution further provides that local public schools under the general supervision of the State Education Department shall be maintained, developed and operated by locally elected boards.
Legally, local boards are instruments of the New York State Constitution, the New York Statutes and the regulations of the State Education Department and its Commissioner.
Board of Education Authority
As a body created under the Education Law of New York State, the Board of the Oppenheim-Ephratah-St. Johnsville Central School District has full authority, within the limitations of federal and state laws and the Regulations of the Commissioner of Education and interpretations of them, to carry out the will of the people of its District in matters of education.
In all cases where laws or regulations of the State Commissioner of Education do not provide, permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising educational matters and activities.
Board members have no authority over school affairs as individuals. They have authority only when acting as a body duly called in session.
Education Law Sections 1604, 1701, 1709, 1804, 1805, 2502, 2503 and Articles 33, 35, 37, 51 and 53
New York State Constitution
Adopted: 7/1/13
1120 BOARD OF EDUCATION: QUALIFICATIONS, NUMBERS AND TERMS OF OFFICE
A Board member of the Oppenheim-Ephratah-St. Johnsville Central SchoolDistrict must meet the following qualifications:
a) A citizen of the United States;
b) Eighteen years of age or older;
c) Able to read and write;
d) A legal resident of the District for a continuous and uninterrupted period of at least one year prior to the election;
e) Cannot be an employee of the Oppenheim-Ephratah-St. Johnsville Central School District;
f) The only member of his or her family (that is, cannot be a member of the same household) on the Oppenheim-Ephratah-St. Johnsville Central School District Board;
g) May not simultaneously hold another incompatible public office, including, but not limited to Superintendent, clerk, tax collector, treasurer or librarian, or an employee of the Board. However, a Board member may be appointed Clerk of the Board and of the District.
h) Must not have been removed from a District office within one year preceding the date of appointment or election to the Board.
Number of Members
The Board of the Oppenheim-Ephratah-St. Johnsville Central SchoolDistrict shall consist of seven members elected by the qualified voters of the District at the annual election as prescribed by law.
Terms of Office
Members of the Board shall serve for three years beginning July 1 following their election and each term shall expire on the thirtieth day of June of the third year.
Education Law Sections 1602, 1702(1), 1804(1), 1950(9), 2101, 2102, 2103, 2103-a, 2130(1), 2105, and 2502
Public Officers Law Section 3
Town Law Section 23(1)
1210 BOARD OF EDUCATION MEMBERS: NOMINATION AND ELECTION
a) Candidates for the office of member of the Board shall be nominated by a petition directed to the Clerk of the District which is signed by at least 25 qualified voters of the District, or by two percent of the number of voters who voted in the previous annual election, whichever is greater. Petitions must state the residence of each signer, the name and residence of each candidate.
b) The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the Clerk of the District no later than 30 days before the Annual or Special District Meeting at which the Board election will occur, between 9 a.m. and 5 p.m.
c) Voting will be by machine or paper ballot, and provision shall be made for the election by “write-in-vote” of any candidate not previously nominated. The position of candidates on ballots shall be determined by lot at a drawing conducted by the District Clerk on the day after the last filing. Candidates or their proxies may be present for the drawing.
d) The hours of voting shall be as indicated by Board resolution.
e) The candidates receiving the largest number of votes shall be declared elected in accordance with Education Law.
f) At least ten days prior to the election, the Board shall appoint at least two inspectors of election for each voting machine or ballot box, and set their salary.
g) The District Clerk shall oversee the election. The Clerk shall give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office.
h) Only qualified voters as determined by Education Law Section 2012 may vote at any District meeting or election.
i) No electioneering will be allowed within 100 feet of the polling place.
j) When a term of office expires at the end of a school year and the office has become vacant at the time of election, the person elected to fill the new full term vacancy also fills the remaining days of the previous term, beginning his or her term of office immediately upon election and the taking and filing of the oath of office.
Education Law Sections 2004, 2012, 2018, 2025, 2029, 2031-a, 2032, 2034, 2105(14), 2121, 2502, 2602,
2608(1) and 2610
Adopted: 7/1/13
Revised: 1/4/17
1220 REPORTING OF EXPENDITURES AND CONTRIBUTIONS
Each candidate for the position of member of the Board whose expenses and/or contributions received exceed $500 must file a statement accounting for his or her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed $500 and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the District Clerk.
Required contribution statements shall include:
a) The dollar amount and/or fair market value of any receipt, contribution or transfer which is other than money;
b) The name and address of the transferor, contributor or person from whom received;
c) If that transferor, contributor or person is a political committee as defined in Election Law Section 14-100;
d) The name and political unit represented by the committee;
e) The date of receipt;
f) The dollar amount of every expenditure;
g) The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and
h) The date of the expenditure.
The times for filing the statements are as follows:
a) The first statement on or before the thirtieth day preceding the election to which it relates;
b) A second statement on or before the fifth day before the election;
c) A third statement within 20 days after the election.
Any contribution or loan in excess of $1,000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself shall be reported within 24 hours after receipt.
All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths.
Education Law Sections 1528 and 1529
Election Law Section 14-100(1)
Adopted: 7/1/13
1230 RESIGNATION AND DISMISSAL
Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his or her approval and file the resignation with the District Clerk.
Alternatively, a Board member may resign under Public Officers Law Section 31 by filing a written resignation with the District Clerk. The Clerk must then notify the Board and the State Board of Elections.
A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or BOCES District Superintendent). The Board has no authority to act upon a request to withdraw a resignation.
The resignation shall take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it shall take effect on the date of delivery to or filing with the District Clerk. If an effective date is specified in the letter of resignation, such date shall not be more than 30 days subsequent to the date of its delivery or filing.
It shall be the duty of each member of the Board to attend all meetings of the Board and, if any member shall refuse to attend three consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant.
A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order or regulation of the Commissioner. The Board may also remove a Board member for misconduct relating to the exercise of authority as a Board member. A written copy of all charges made of such misconduct must be served upon the Board member at least ten days before the time designated for a hearing on the charges; and the Board member shall be allowed a full and fair opportunity to refute such charges before removal.
In the event of death, resignation, removal from office or from the District, or refusal to serve as a Board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and shall be only for a term ending with the next annual election of the District.
The Board, at its own option, may instead call a special election within 90 days to fill the unexpired term. If not filled by Board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When such special election is ordered, the vacancy shall not be otherwise filled.
A person elected or appointed to fill a vacancy shall take office immediately upon filing the oath of office.
A Board member who has been removed from office shall be ineligible to appointment or election to any office in the District for a period of one year from the date of such removal.
Education Law Sections 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503
and 2553
Public Officers Law Sections 30, 31 and 35
Adopted: 7/1/13
1310 POWERS AND DUTIES OF THE BOARD
As a Central School District, the Board shall have powers and duties as set forth in New York State Education Law, principally Articles 33, 35 and 37, and other applicable Federal and State laws and regulations. In general, the Board shall have in all respects the superintendence, management and control of the educational affairs of the District and shall have all the powers necessary to exercise these powers expressly granted to it by the laws of New York State and the Commissioner of Education.
Education Law Sections 1604, 1709, 1804 and 2503
NOTE: Refer also to Policy #6540 — Defense and Indemnification of Board Members and
Employees
Adopted: 7/1/13
1320 NOMINATION AND ELECTION OF BOARD OFFICERS AND DUTIES OF THE PRESIDENT AND VICE PRESIDENT
Officers of the Board shall be nominated and elected by the Board at its Annual Organizational Meeting for a term of one year. They will take their oath as officers at this meeting along with newly elected members.
The elected officers of the Board are:
a) President;
b) Vice President.
Duties of the President of the Board
The President’s duties include the following:
a) Presides at all meetings of the Board;
b) Calls special meetings as necessary or on request;
c) Appoints members to all committees of the Board;
d) Serves ex-officio as a member of all committees;
e) Executes documents on behalf of the Board;
f) Performs the usual and ordinary duties of the office.
Duties of the Vice President of the Board
The Board may, in its discretion, elect one of its members Vice President who shall have the power to exercise the duties of the President in case of the absence or disability of the President. In case of vacancy in the office of the President, the Vice President shall act as President until a President is elected.
Education Law Sections 1701, 2105(6) and 2502
Adopted: 7/1/13
1330 APPOINTMENTS AND DESIGNATIONS BY THE BOARD OF EDUCATION
Appointments
The Board is authorized to appoint individuals to positions which will facilitate the meeting of its responsibilities to the State, the School System, and the community. These appointments usually take place at the Annual Organizational Meeting.
The following shall be appointed annually:
a) District Clerk;
b) District Treasurer;
c) Deputy Treasurer;
d) Tax Collector and Deputies;
e) External (Independent) Auditor;
f) Central Treasurer, Extraclassroom Activities Account;
g) Faculty Auditor, Extraclassroom Activities Account;
h) Audit Committee.
The following must be appointed but need not be reappointed annually:
a) Census Enumerator and assistants if District conducts census;
b) Director of School Health Services (District Physician/Nurse Practitioner);
c) Supervisors of Attendance;
d) Committee on Special Education and Committee on Preschool Special Education;
e) Records Access Officer;
f) Records Management Officer;
g) Asbestos Hazard Emergency Response Act (AHERA) Local Educational Agency (LEA) designee;
h) Title IX/Section 504/ADA Compliance Officer;
(Continued)
i) Liaison for Homeless Children and Youth;
j) Chemical Hygiene Officer;
k) Dignity Act Coordinator [one in each building].
The following may also be appointed:
a) School Attorney;
b) Claims Auditor/Deputy Claims Auditor;
c) Internal Auditor;
d) Insurance Adviser;
e) Copyright Officer.
Designations
The following designations shall be made by the Board at the Annual Organizational Meeting in July:
a) Petty Cash Fund(s);
b) Official Newspaper(s);
c) Official Bank Depositories;
d) Official Bank Signatories;
e) Purchasing Agent;
f) Certifier of Payrolls;
g) Designated Educational Official (DEO) to receive court notification regarding a student’s sentence/adjudication in certain criminal cases and juvenile delinquency proceedings;
h) School Pesticide Representative;
i) Reviewing Official, Hearing Official and Verification Official for participation in the federal Child Nutrition Program (the Hearing Official may not be the same person as the Reviewing and/or Verification Official).
Authorizations
The following authorizations shall be made by the Board at the Annual Organizational meeting in July:
a) Approval of attendance at conferences, conventions, workshops, and the like;
b) Superintendent to approve budget transfers within limits prescribed by Commissioner’s Regulation Section 170.2 and Board guidelines;
c) Superintendent to apply for Grants in Aid (State and Federal) as appropriate;
d) Establish mileage reimbursement rate;
e) Other(s) as deemed appropriate/necessary.
McKinney-Vento Homeless Education Assistance Act, Section 722, as reauthorized by the No Child Left Behind Act of 2001
29 CFR Section 1910.1450
Education Law Sections 305(31), 1709 and 2503
Adopted: 7/1/13
Revised: 8/7/14
1331 DUTIES OF THE DISTRICT CLERK
The District Clerk will be appointed by the Board at its Annual Organizational Meeting and will serve for a period of one year. The Clerk’s duties include the following:
a) Attends all meetings of the Board and keeps a record of its proceedings and records, by name, those in attendance;
b) Prepares minutes of the meetings of the Board, obtains approval of the minutes by the Board at the next meeting, signs the minutes to signify their official standing and forwards copies of the minutes to each member of the Board;
c) Sends notices of special meetings to members of the Board; contacts and communicates with members as required;
d) Sees that the proper legal notices and announcements are published on all specifications and items out on bid, in accordance with state law;
e) Maintains an up-to-date record of Board policies and by-laws;
f) Delivers to, and collects from, the President (or Vice President) such papers for signature as may be necessary;
g) Distributes notices to the public announcing availability of copies of the budget to be presented at the Annual District Meeting in compliance with the requirements of the State Education Law;
h) Administers oaths of office, as required by Public Officers Law Section 10;
i) Gives written notice of appointment to persons appointed as inspectors of election;
j) Calls all meetings to order in the absence of the President and Vice President;
k) Assumes other duties customary to the office.
The above duties of the District Clerk are not intended to be complete but should serve as a comprehensive guide in undertaking the duties of this office. The District Clerk shall perform such other duties as may be assigned from time to time by the Board.
Education Law Section 2121
Public Officers Law Section 104
Adopted: 7/1/13
1332 DUTIES OF THE SCHOOL DISTRICT TREASURER
The Treasurer is appointed by the Board at the Annual Organizational Meeting and will be covered by a blanket bond. In addition to the routine duties of accounting, filing, posting and preparing reports and statements concerning District finances, the District Treasurer shall perform other specific tasks as follows:
a) Acts as custodian of all moneys belonging to the District and lawfully deposits these moneys in the depositories designated by the Board;
b) Pays all authorized obligations of the District as directed, including payments of bond principal and interest;
c) Maintains proper records and files of all checks, and approved payment of bills and salaries;
d) Makes all such entries and posts to all such financial ledgers, records and reports, including bond and note registers, as may be properly required to afford the District an acceptable and comprehensive financial accounting of the use of its moneys and financial transactions;
e) Signs all checks drawn on District fund accounts provided that the District’s Claims Auditor has attested to the authority to issue the check based upon proper evidence of a charge against the District’s funds;
f) Safeguards either his or her electronic signature and/or the check-signing machine and signature plate, personally overseeing all preparation of checks;
g) Assumes other duties customary to the office.
Education Law Sections 2122, 2130 and 2523
Local Finance Law Sections 163 and 165
8 NYCRR Sections 170.2(g), 170.2(o) and 170.2(p)
Adopted: 7/1/13
Revised: 8/7/14
1333 DUTIES OF THE TAX COLLECTOR
Tax Collector Appointed by the Board
The Tax Collector is appointed annually by the Board and shall be covered by a bond. It shall be the responsibility of the District Tax Collector to perform the following duties:
a) Prepares and mails tax notices;
b) Uses suitable printed tax receipt forms as prescribed by the State Tax Commission;
c) Collects taxes in the amount of the warrant, upon the issuance of the tax warrant by the Board and penalty fees in accordance with the terms of such warrant;
d) Turns over daily to the District Treasurer all money collected by virtue of any tax list and warrant issued;
e) Submits a report, certified by him or her to the Board, showing the amount of taxes and fees collected along with the unpaid listing. The combination of taxes collected and uncollected shall equal the amount of the warrant;
f) Turns over to the County Treasurer, prior to November 15, a list of unpaid taxes;
g) Carries out such other duties of the position as prescribed in Education Law, Real Property Tax Law, or as established by the Regulations of the Commissioner of Education.
Education Law Sections 2126, 2130 and 2506
Real Property Tax Law Sections 578(2), 922, 924, 1322, 1330 and 1338
8 NYCRR Section 170.2
General Municipal Law Article 5-G
Adopted: 7/1/13
Revised: 8/7/14
1334 DUTIES OF THE EXTERNAL (INDEPENDENT) AUDITOR
The Board by law shall obtain an annual audit of its records by an independent certified public accountant (CPA) or an independent public accountant (PA). The audit shall also include all extraclassroom activity funds. The independent accountant shall present the report of the annual audit to the Board. The Board shall adopt a resolution accepting the audit report and file a copy of the resolution with the Commissioner. The District will also file the audit report with the Commissioner for a specific school year by October 15 of the following school year. In addition to the annual audit, the District shall be subject to State audits conducted by the State Comptroller.
In addition, the independence and objectivity of the auditor may be enhanced when the Board and Audit Committee perform an oversight role with respect to the hiring and performance of the auditor, as required by law.
In accordance with law, no audit engagement shall be for a term longer than five consecutive years. The District, may, however, permit an independent auditor engaged under an existing contract for such services to submit a proposal for such services in response to a request for competitive proposals or be awarded a contract to provide such services under a request for proposal process.
Duties and Responsibilities
The independent auditor must conduct the audit in accordance with Generally Accepted Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States. Standards of GAGAS are organized as general, fieldwork, and reporting.
Below are some important considerations the District shall expect of the auditor in preparing the audit; however, they should not be considered all-inclusive or a substitute for the auditor’s professional judgment.
a) Independence: The auditor must document that he or she is independent of the District and free of personal and external impairments. The auditor must establish an internal quality control system to identify any personal and external impairment and assure compliance with GAGAS independence requirements.
b) Internal Quality Control System: The auditor must document that his or her internal quality control processes adequately demonstrate compliance with government auditing standards. He or she must establish an organizational structure, policies and procedures to provide reasonable assurance of complying with applicable standards governing audits.
c) Internal Controls: The auditor must obtain a sufficient understanding of the District’s internal controls and document such understanding covering the five interrelated components: the control environment, risk assessment, control activities, information and communication, and monitoring.
d) Planning and Supervision: The auditor’s work is to be properly planned and supervised and consider materiality in order to provide reasonable assurance of detecting misstatements resulting from direct and material illegal acts and material irregularities to financial statements. The auditor should also be aware of the possibility that indirect illegal acts may have occurred.
e) Audit documentation: In order to meet the GAGAS requirements, the audit documentation should provide a clear understanding of its purpose, the source, and the conclusions the auditor reached. It should be organized to provide a clear link to the findings, conclusions, and recommendations contained in the audit report.
f) Reporting on Internal Controls and Compliance: The auditor must report on and present the results of his or her testing of the District’s compliance with laws and regulations and its internal controls over financial reports in light of irregularities, illegal acts, other material noncompliance, significant deficiencies, and material weaknesses in internal controls.
Generally Accepted Government Auditing Standards (GAGAS) Sections 3.50-3.54, 4.03, 4.19-4.24, and
5.07-5.20
Education Law Section 1709 (20-a) and 2116-a
General Municipal Law Sections 33 and 104-b
8 NYCRR Sections 170.2, 170.3 and 170.12
Adopted: 7/1/13
Revised: 8/7/14
1335 APPOINTMENT AND DUTIES OF THE CLAIMS AUDITOR
The Board may adopt a resolution establishing the appointment of a Claims Auditor who shall hold the position subject to the pleasure of the Board and report directly to the Board on the results of audits of claims. The Board may require that the Claims Auditor report to the Clerk of the District or the Board, or to the Superintendent for administrative matters such as work space, time and attendance.
Boards may at their discretion adopt a resolution establishing the office of Deputy Claims Auditor to act as the Claims Auditor in the absence of the Claims Auditor. A Board may, by resolution, abolish the position of Deputy Claims Auditor at any time. The same eligibility requirements/qualifications that apply to a Claims Auditor apply to the Deputy Claims Auditor.
Qualifications
The Claims Auditor must have the necessary knowledge and skills to effectively audit claims including experience with purchasing, bidding and claims. The Claims Auditor must be bonded or included in the District’s blanket undertaking, prior to assuming his or her duties.
No person shall be eligible for appointment to the office of Claims Auditor who shall be:
a) A member of the Board;
b) The Clerk or Treasurer of the Board;
c) The Superintendent or official of the District responsible for business management;
d) The Purchasing Agent;
e) Clerical or professional personnel directly involved in accounting and purchasing functions of the District or under the direct supervision of the Superintendent;
f) The individual or entity responsible for the internal audit function (the Internal Auditor);
g) The External (Independent) Auditor responsible for the external audit of the financial statements;
h) A close or immediate family member of an employee, officer, or contractor providing services to the District. A “close family member” is defined as a parent, sibling or non-dependent child; an “immediate family member” is a spouse, spouse equivalent, or dependent (whether or not related).
The Claims Auditor is not required to be a resident of the District and shall be classified in the civil service exempt class.
The Board may delegate this claims audit function by using inter-municipal cooperative agreements, shared services through a Board of Cooperative Educational Services, or independent contractors, providing that the individual or organization serving as independent contractor meets the following standards for independence between the Claims Auditor and the District:
a) Has no other responsibilities related to the business operations of the District;
b) Has no interest in any other contracts with, and does not provide any goods or services to, the District; and
c) Is not a close or immediate family member of anyone who has responsibilities related to business operations of the District, or has an interest in any other contracts with the District. A “close family member” is defined as a parent, sibling or non-dependent child; an “immediate family member” is a spouse, spouse equivalent, or dependent (whether or not related).
If a District delegates the claims audit function using an inter-municipal cooperative agreement, shared service or an independent contractor, the Board remains responsible for auditing all claims for services from the entity providing the delegated Claims Auditor, either directly or through a delegation to a different independent entity.
Valid claims against the District shall be paid by the Treasurer only upon the approval of the Claims Auditor. The Claims Auditor shall certify that each claim listed on the warrant was audited and payment was authorized. He or she shall:
a) Examine all claim forms with respect to the availability of funds within the appropriate codes and adequacy of evidence to support the District’s expenditure;
b) Meet such other requirements as may be established by the Regulations of the Commissioner of Education and/or the Comptroller of the State of New York.
Education Law Sections 1604(35), 1709(20-a), 2526 and 2554(2-a)
8 NYCRR Section 170.12(c)
Adopted: 7/1/13
Revised: 8/7/14
1336 DUTIES OF THE EXTRACLASSROOM ACTIVITY FUND CENTRAL TREASURER AND FACULTY AUDITOR
Central Treasurer
The Extraclassroom Activity Fund Central Treasurer is appointed by the Board and is responsible for the supervision of the extraclassroom activity fund.
The Treasurer’s duties include the following:
a) Countersigns all checks disbursing funds from the Extraclassroom Activity Account;
b) Provides general supervision to ensure that all receipts are deposited and that disbursements are made by check only;
c) Maintains records of all receipts and expenditures;
d) Submits records and reports to the Board as required;
d) Assumes other duties customary to the position.
Faculty Auditor
The Extraclassroom Activity Fund Faculty Auditor is appointed by the Board and is responsible for auditing of all financial transactions of the fund.
The Auditor’s duties include:
a) Examine the statement of accounts from the Central Treasurer once each month;
b) Audit the ledgers kept by student treasurers at least twice per year;
c) Examine transactions and procedures to determine if correct;
d) Certify the accuracy of entries posted and available balances listed;
e) Investigate instances when Central Treasurer’s report and club ledgers do not agree; and
f) Prepare year-end report summarizing the financial condition of each activity and submit to principal and Board.
8 NYCRR Part 172
Adopted: 7/1/13
Revised: 8/7/14
1337 DUTIES OF THE SCHOOL ATTORNEY
The Board shall appoint a school attorney who shall be responsible to the Board for guidance on all affairs which are of a legal nature, including, but not limited to:
a) Negotiation of all legal charges and processes for each bond issue and construction and/or reconstruction of new buildings;
b) Legal counsel on matters referred to him or her to determine legality of procedure;
c) Matters related to “due process” hearings or procedures.
Adopted: 7/1/13
Revised: 8/7/14
1338 DUTIES OF THE SCHOOL PHYSICIAN/NURSE PRACTITIONER
The school physician/nurse practitioner shall be appointed by the Board. The duties of the school physician/nurse practitioner shall include, but are not limited to, the following:
a) Performs professional medical services in the examination and care of school children;
b) Performs routine examinations of school children to detect the presence of contagious diseases and physical defects;
c) Serves as an on call member on the Committee on Special Education;
d) Reports to the Board on school health services;
e) Coordinates scheduling for physical examinations to all students participating in interscholastic athletics;
f) Provides final medical clearance for a return to extra class athletic activities for all students who have or are believed to have sustained a mild traumatic brain injury (concussion);
g) Develops the program of health service in accordance with policies approved by the Board and as directed by the Superintendent;
h) Conducts physical exams for all bus drivers and substitutes prior to employment and annually thereafter;
i) Conducts a medical evaluation on any employee at the request of the Board.
8 NYCRR Section 136.5
Education Law Sections 902, 913 and 6902
Adopted: 7/1/13
Revised: 8/7/14
1339 DUTIES OF THE INTERNAL AUDITOR
The Internal Auditor reports directly to the Board.
The District may use its employees, inter-municipal cooperative agreements, shared services to the extent authorized by Education Law Section 1950, or independent contractors as the person/entity serving as Internal Auditor. The person or entity serving as Internal Auditor must follow generally accepted auditing standards, be independent of District business operations, and have the requisite knowledge and skills to complete the work.
The Internal Auditor is responsible for performing the internal audit function for the Board which includes at a minimum:
a) Development of a risk assessment of District operations, including but not limited to, a review of financial policies, procedures and practices;
b) An annual review and update of such risk assessment;
c) Annual testing and evaluation of one or more areas of the District’s internal controls, taking into account risk, control weakness, size, and complexity of operations;
d) Preparation of reports, at least annually or more frequently as the Board may direct, which:
- Analyze significant risk assessment findings;
- Recommend changes for strengthening controls and reducing identified risks; and
- Specify time frames for implementation of such recommendations.
Education Law Sections 1950, 2116-b and 2116-c
8 NYCRR Section 170.12(d)
NOTE: Refer also to Policy #5573 — Internal Audit Function
Adopted: 7/1/13
1410 POLICY AND ADMINISTRATIVE REGULATIONS
The formulation and adoption of written policies will constitute the basic method by which the Board will exercise its leadership in the operation of the School System. The Superintendent will act as an adviser to the Board in adopting and approving of written Board policies. The Board will seek input from staff and the community where appropriate. These written board policies will govern the operation of the School System.
The adoption of a written policy will occur only after the proposal has been moved, discussed, and voted on affirmatively at two separate meetings of the Board (i.e., the “first reading” and the “second reading”). The policy draft may be amended at the second meeting. By a majority vote, the Board may waive the “second reading” and complete the adoption of the proposed policy at its “first reading.”
Board action is also necessary for revising policies that require amendment or rescinding policies that are no longer relevant or applicable to the District.
The formal adoption, amendment, or deletion of written Board policy will be recorded in the official minutes of the Board. This written Board policy will govern the conduct and affairs of the District and will be binding upon the members of the educational community in the District.
It will be the Board’s responsibility to keep its written policies up-to-date so that they may be used consistently as a basis for Board action and administrative decision. The Superintendent is given the continuing commission of calling to the Board’s attention all policies that are out-of-date or for other reasons appear to need revision.
Execution of Policy: Administrative Regulations
The Board will delegate to the Superintendent the function of specifying required actions and designing the detailed arrangements under which the schools will be operated. These rules and detailed arrangements will constitute the administrative regulations governing the schools and be consistent with the policies adopted by the Board. The Board will be kept informed periodically of changes in administrative regulations.
Education Law §§ 1604(9), 1709(1), 1709(2) and 2503(2)
Adopted: 7/1/13
Revised: 1/4/17
1412 LOCATION OF POLICY AND PROCEDURE MANUALS
Policy Manuals for the OESJ District will be kept in each of the District’s buildings; OESJ Jr./Sr. High School and OESJ Elementary School. Also, each principal and Superintendent will possess a manual in their respective offices.
Policies/procedures are reviewed at a minimum of biennially. They will be revised when there is any change in practice, law, and/or New York State rules and regulations.
Policies/procedures are reviewed and updated as appropriate by the policy committee with input from involved staff and administration who possess expertise in that area.
Adopted: 10/2/14
Revised: 10/5/16
1510 REGULAR BOARD MEETINGS AND RULES (QUORUM AND PARLIAMENTARY PROCEDURE)
All Board meetings must be open to the public except those portions of the meetings which qualify as executive sessions. In accordance with Section 102 of the Open Meetings Law, a “meeting” is defined as an official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by the members of the public body. A “public body” is defined as an entity of two or more persons which requires a quorum to conduct public business, including committees and subcommittees. Reasonable efforts shall be made to ensure that all meetings are held in an appropriate facility which can adequately accommodate any and all members of the public who wish to attend.
Whenever such a meeting is to take place, there must be at least 72 hours advance notice in accordance with the provisions of the Open Meetings Law. Notice of other meetings shall be given as soon as is practicable in accordance with law. When the District has the ability to do so, notice of the time and place of a meeting shall be conspicuously posted on the District’s internet website.
District records subject to release under the Freedom of Information Law (FOIL), as well as any proposed rule, regulation, policy or amendment, that are on the Board agenda and scheduled to be discussed at a Board meeting, shall be made available upon request, to the extent practicable, prior to the meeting. Copies of such records may be made available for a reasonable fee. If the District maintains a regularly updated website and utilizes a high speed internet connection, such records shall be posted on the website to the extent practicable, prior to the meeting. The District may, but it is not required to expend additional funds to provide such records.
If videoconferencing or online technology is used to conduct a meeting, the public notice for the meeting shall inform the public that videoconferencing will be used, identify all the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations. Voting may be done through videoconferencing, provided that members can be both seen and heard voting and participating from remote locations.
Regular meetings of the Board of Oppenheim-Ephratah-St. Johnsville Central School District shall take place on the day and time designated by the Board at the Annual Organizational Meeting, except as modified at subsequent meetings of the Board.
It is the responsibility of the Superintendent to prepare the agenda and review it with the Board President for each meeting of the Board. The agenda for each meeting shall be prepared during the week prior to the meeting. The agenda shall be distributed to Board members no later than the Friday before such regular meeting. Whenever the President or other members of the Board wish to bring a matter to the attention of the Board, such request should be made to the Superintendent so that the same can be placed on the agenda. Whenever individuals or groups wish to bring a matter to the attention of the Board, such request shall be addressed in writing to the Superintendent. The Superintendent shall present such matter to the Board.
The District Clerk shall notify the members of the Board in advance of each regular meeting. Such notice, in writing, shall include an agenda and the time of the meeting.
In the event that a meeting date falls on a legal holiday, interferes with other area meetings, or there is an inability to attend the meeting by Board members to the extent that a quorum would not be present, the Board shall select a date for a postponed meeting at the previous regular meeting, and shall direct the Clerk to notify all members.
Any meeting of the Board may be adjourned to a given future date and hour if voted by a majority of the Board present.
The Superintendent and members of his or her staff at the Superintendent’s discretion shall attend all meetings of the Board. The Superintendent shall attend all executive session meetings of the Board except those that concern his or her evaluation, employment status, and salary determination. The Board may request the attendance of such additional persons as it desires.
Recording of Meetings
The Board recognizes that advances in technology allow public meetings to be photographed, broadcast, webcast and/or otherwise recorded, by means of audio or video, in a non-disruptive manner and supports the use of such technology to facilitate the open communication of public business. To that end, the Board may adopt rules addressing the location of the equipment and/or personnel used to photograph, broadcast, webcast and/or record such meetings to assure that its proceedings are conducted in an orderly manner. Such rules shall be conspicuously posted during meetings and written copies provided, upon request, to meeting attendees.
Public Expression at Meetings
Public expression at such meetings shall be encouraged and a specific portion of the agenda shall provide for this privilege of the floor. At its discretion, the Board may invite visitors to its meetings to participate in the Board’s discussion of matters on the agenda.
The Board reserves the right to enter into executive session as specified in Policy #1540 — Executive Sessions.
Quorum
The quorum for any meeting of the Board shall be four members. No formal action shall be taken at any meeting at which a quorum is not present. When only a quorum exists, the Board shall act by unanimous vote unless otherwise required by the laws of the State of New York.
Use of Parliamentary Procedure
The business of the Board shall be conducted in accordance with the authoritative principles of parliamentary procedure as found in the latest edition of Robert’s Rules of Order.
Education Law Sections 1708 and 2504
General Construction Law Section 41
Public Officers Law Article 7, Section 103(d), 104 and 107
NOTE: Refer also to Policies #1520 — Special Meetings of the Board of Education
#1540 — Executive Sessions
#6217 — Employment of Relatives of Board of Education Members
Adopted: 7/1/13
Revised: 8/7/14
1511 AGENDA FORMAT
Regular Session
a) Call to Order
1. Roll Call;
2. Pledge of Allegiance;
3. Evacuation Procedures.
b) Presentations
c) Reports
1. President;
2. Legislative;
3. Administration:
(a) Superintendent;
(b) Principals;
(c) Director of Facilities.
d) Old Business
e) New Business/Committee Reports
1. Buildings and Grounds;
2. Curriculum and Instruction;
3. Policy;
4. Finance/Audit Committee;
5. Personnel;
6. Ad Hoc Committee(s);
f) Other
g) Public Comment
h) Executive Session (if necessary)
i) Adjournment
Work Session
a) Call to Order
1. Roll Call;
2. Pledge of Allegiance;
3. Evacuation Procedures.
b) Presentations
c) Committee Reports
1. Buildings and Grounds;
2. Curriculum and Instruction;
3. Policy;
4. Finance/Audit Committee;
5. Personnel;
6. Ad Hoc Committee(s).
d) Public Comment (if action items are included on agenda)
e) Executive Session
f) Adjournment
Education Law §1606
Public Officers Law §104(2)
Adopted: 7/1/13
Revised: 3/5/15
1520 SPECIAL MEETINGS OF THE BOARD OF EDUCATION
Special meetings of the Board shall be held on call by any member of the Board. A reasonable and good faith effort shall be made by the Superintendent or the Board President, as the case may be, to give every member of the Board 24 hours notice of the time, place and purpose of the meeting. All special meetings shall be held at a regular meeting place of the Board and/or in accordance with provisions of the Open Meetings Law as may be applicable.
In an emergency, the 24 hour notice may be waived by having each Board member sign a waiver-of-notice form.
Public notice of the time and place shall be given, to the extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations at a reasonable time prior to the meeting.
Education Law Section 1606(3)
Public Officers Law Sections 103 and 104
NOTE: Refer also to Policy #1510 — Regular Board Meetings
Adopted: 7/1/13
1530 MINUTES
The minutes are a legal record of the activities of the Board as a public corporation having the specified legal purpose of maintaining public schools. The minutes of all meetings shall be kept by the Clerk or, in his or her absence, by the Superintendent or designee. The minutes shall be complete and accurate, stored in a minutes file and posted on the District website if one is available. However, minutes of executive sessions need not include any matter which is not required to be made public by the Freedom of Information Law.
The minutes of each meeting of the Board shall state:
a) The type of meeting;
b) The date, time of convening, and adjournment;
c) Board members present and absent;
d) Board members’ arrival and departure time, if different from opening or adjournment times;
e) All action taken by the Board, with evidence of those voting in the affirmative and the negative, and those abstaining;
f) The nature of events that transpire, in general terms of reference.
Communications and other documents that are too long and bulky to be included in the minutes shall be referred to in the minutes, shall be filed in the District Office and shall be attached to the minutes online.
All Board minutes shall be signed by the District Clerk when approved and stored in a locked room or locked file cabinet. Unless otherwise provided by law, minutes shall be available to the public within two weeks following the date of a meeting; draft copies, so marked, are acceptable, subject to correction.
Minutes of Executive Sessions
Minutes shall be taken at executive sessions of any action that is taken by formal vote. The minutes shall consist of a record or summary of the final determination of such action, the date and the vote. However, such summary need not include any matter which is not required to be made public by the Freedom of Information Law (FOIL).
If action is taken by a formal vote in executive session (i.e., 3020-a action), minutes shall be available to the public within one week of the date of the executive session.
Education Law Sections 2121 and 3020-a
Public Officers Law Sections 103 and 106
Adopted: 7/1/13
Revised: 8/7/14
1540 EXECUTIVE SESSIONS
Upon a majority vote of its total membership, taken in an open meeting in accordance with a motion identifying the general area or areas of the subject or subjects to be considered, the Board may conduct an executive session for discussion of the below enumerated purposes only, provided, however, that no action by formal vote shall be taken except on an Education Law Section 3020-a probable cause finding. For all other purposes, the action by formal vote shall be taken in open meeting and properly recorded in the minutes of the meeting. Attendance at an executive session shall be permitted to any Board member and any persons authorized or requested to attend by the Board.
a) Matters that will imperil the public safety if disclosed;
b) Any matter that may disclose the identity of a law enforcement agent or informer;
c) Information relating to current or future investigation or prosecution of a criminal offense that would imperil effective law enforcement if disclosed;
d) Discussions regarding proposed, pending or current litigation;
e) Collective negotiations in accordance with Civil Service Law Article 14;
f) Medical, financial, credit or employment history of any particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any particular person or corporation;
g) Preparation, grading or administration of examinations;
h) Proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value thereof.
Motions for executive sessions should state the subject or subjects to be discussed in executive session. It is insufficient to merely recite statutory language.
Matters discussed in executive sessions must be treated as confidential; that is, never discussed outside of that executive session.
Education Law Section 3020-a
Public Officers Law Article 7
Adopted: 7/1/13
Revised: 8/7/14
1610 ANNUAL DISTRICT MEETING AND ELECTION/BUDGET VOTE
In accordance with law, the Annual District Meeting and Election/Budget Vote for the District will be held on the third Tuesday in May. At this time, the District’s registered voters will elect members of the Board and will also vote on the District Budget for the upcoming school year. However, in the event that the third Tuesday in May conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the Annual Meeting and Election/Budget Vote on the second Tuesday in May. Such request from the Board must be certified and received by the Commissioner no later than March 1.
In the event that a school budget re-vote is necessary; it shall be held on the third Tuesday of June. However, in the event that the third Tuesday of June conflicts with a religious holiday, the Board may petition the Commissioner of Education to obtain permission to hold the budget re-vote on the second Tuesday in June. Such request from the Board must be certified and received by the Commissioner no later than March 1.
The District Clerk shall give notice of the time and place of holding the Annual Meeting and Election/Budget Vote by publishing such notice four times within seven weeks preceding the meeting. The first publication of the notice must be at least 45 days prior to the meeting. Such notice must appear in two newspapers, if there are two newspapers which have a general circulation within the District, or one newspaper, if there is one newspaper with a general circulation within the District. The notice shall also contain such other information as required by law.
Copies of the proposed annual operating budget for the succeeding year to be voted upon at the Annual Meeting and Election shall be available to District residents, on request, in each District school building during certain designated hours on each day other than a Saturday, Sunday or holiday during the 14 days preceding such Annual Meeting. The availability of this budget information shall be included in a legal notice of the Annual Meeting; and such copies of the proposed budget will also be available to District residents at the time of the Annual Meeting and Election.
Education Law Sections 1608, 1716, 1804(4), 1906(1), 2003(1), 2004(1), 2007(3), 2017(5), 2017(6), 2022(1),
2504 and 2601-a(2)
NOTE: Refer also to Policy #1640 — Absentee Ballots
Adopted: 7/1/13
1611 BUSINESS OF THE ANNUAL DISTRICT ELECTION
The Board will appoint a qualified voter as chairperson of the Annual District Meeting and Election/Budget Vote.
The chairperson will call the Annual District Meeting to order and proceed to the following order of business:
a) Designation of District Clerk as clerk of the election and assistant clerks;
b) Designation of tellers and/or inspectors of election as previously appointed by the Board;
c) Reading of notice of call of the election by the Clerk;
d) Opening of the booths for voting;
e) Closing of the booths;
f) Receiving the report of the Clerk of the results of the elections;
g) Adjournment.
Education Law Sections 1716, 2025 and 2601-2613
Adopted: 7/1/13
1620 ANNUAL ORGANIZATIONAL MEETING
The Annual Organizational Meeting of the Board shall be held on the first Tuesday in July of each year, unless that day is a legal holiday, in which event it shall be held on the first Wednesday in July.
The Board may pass a resolution, however, to hold its Annual Organizational Meeting at any time during the first 15 days of July.
Officers
The meeting shall be called to order by the District Clerk, who shall act as a Temporary Chairperson. The Board shall proceed to the election of a President. The President shall then take the chair. The Board shall then elect a Vice President. Election shall be by a majority vote.
Oath of Office
The District Clerk shall administer the Oath of Office to the newly elected officers and new members of the Board.
Education Law Sections 1701, 1706, 1707, 1709, 2109, 2502(9) and 2504(1)
Adopted: 7/1/13
1630 LEGAL QUALIFICATIONS OF VOTERS AT SCHOOL DISTRICT MEETINGS
A person shall be entitled to register and vote at any school meeting for election of members of the Board, and upon all matters which may be brought before such meeting, who is:
a) A citizen of the United States;
b) Eighteen years of age or older;
c) A resident within the District for a period of 30 days preceding the next meeting at which he or she offers to vote.
Any person who would not be qualified to register or vote under the provisions of Election Law Sections 5-100 and 5-106 shall not have the right to register for or vote in an election.
Education Law Sections 2012, 2025 and 2603
Election Law Article 5
Adopted: 7/1/13
1640 ABSENTEE BALLOTS
The Board authorizes the District Clerk or a Board designee (the latter only if the District does not provide for the personal registration of voters) to provide absentee ballots to qualified District voters. Absentee ballots shall be used for the election of Board members, District public library trustees, the adoption of the annual budget and District public library budget and referenda.
A District voter must request in advance an application for an absentee ballot. The voter must complete the application and state the reason he or she will not be able to appear in person on the day of the District election/vote for which the absentee ballot is requested. The application must be received by the District Clerk or Board designee at least seven days before the election/vote if the ballot is to be mailed to the voter, or the day before the election/vote if the ballot is to be delivered personally to the voter.
In accordance with the provisions of Education Law, a qualified District voter is eligible to vote by absentee ballot if he or she is unable to appear to vote in person on the day of the District election/vote because:
a) He or she is or will be a patient in a hospital, or is unable to appear personally at the polling place on the day of the election/vote because of illness or physical disability;
b) He or she has duties, occupation or business responsibilities, or studies which require being outside of the county or city of residence on the day of the District election/vote;
c) He or she will be on vacation outside of the county or city of residence on the day of such District election/vote;
d) He or she will be absent from the voting residence due to detention in jail awaiting action by a grand jury or awaiting trial, or is confined in prison after conviction for an offense other than a felony; or
e) He or she will be absent from the District on the day of the District election/vote by reason of accompanying spouse, parent or child who is or would be, if he or she were a qualified voter, entitled to apply for the right to vote by absentee ballot.
Statements on the application for absentee ballot must be signed and dated by the voter.
An absentee ballot must reach the Office of the District Clerk or Board designee not later than 5 p.m. on the day of the election/vote in order that his or her vote may be canvassed.
A list of all persons to whom absentee ballots have been issued shall be maintained in the Office of the District Clerk or Board designee and made available for public inspection during regular office hours until the day of the election/vote. Any qualified voter may, upon examination of such list, file a written challenge of the qualifications as a voter of any person whose name appears on such list, stating the reason for such challenge. The written challenge shall be transmitted by the District Clerk or Board designee to the election inspectors on the day of the District election/vote. In addition, any qualified voter may challenge the acceptance of the absentee voter’s ballot of any person on such list by making his or her reasons known to the election inspector before the close of the polls.
Education Law Sections 1501-c, 2014, 2018-a, 2018-b and 2613
Adopted: 7/1/13
1650 SUBMISSION OF QUESTIONS AND PROPOSITIONS AT THE ANNUAL MEETING AND ELECTION AND SPECIAL DISTRICT MEETINGS
Questions and Propositions at the Annual Meeting and Election
The following rules and regulations will apply to the submission of the questions or propositions at the annual meeting and election of this District.
a) Questions or propositions must be submitted by petition directed to the District Clerk and will be signed by 25 qualified voters, or 5% of the registered voters of the District who voted in the previous annual election of Board members, whichever is greater.
b) A separate petition will be required for each question or proposition.
c) Each petition must be filed with the Clerk of the District. Petitions relating to an Annual Election must be filed not later than 60 days preceding the election at which the question or proposition is to be voted upon.
d) Questions or propositions submitted in accordance with these rules and accepted will be printed on the ballot for the voting machine. The District, however, retains the right to reject petitions as permitted by law, including but not limited to instances where such petitions are advisory in nature or beyond the power of the voters.
e) The Board will cause the rules and regulations set forth in this policy to be distributed within the District.
f) Nothing herein contained will affect the nominations of candidates as set forth in the Annual District Election notice in accordance with Education Law Section 2018.
Questions or Propositions to be Submitted at Special District Meetings
The procedure for requesting the Board to call a Special District Meeting to vote on a question or proposition will be in accordance with subdivision 2 of Education Law Section 2008.
Education Law Sections 1703, 2008, 2018, 2035(2) and 2601-a
Adopted: 7/1/13
Revised: 1/4/17
2000 Internal Operations
- 1.1 Orienting and Training New Board Members ………………… 2110
BOARD OF EDUCATION COMMITTEES
- 2.1 Committees of the Board …………………………………………………… 2210
BOARD OF EDUCATION ACTIVITIES
- 3.2 Attendance by Board Members at Conferences, Conventions and Workshops…….. 2320
- 3.3 Compensation and Expenses…………………………………………… 2330
- 3.4 Board Self-Evaluation ………………………………………………………… 2340
2110 ORIENTING AND TRAINING NEW BOARD MEMBERS
The Board and its staff will assist each new member-elect to understand the Board’s functions, policies, and procedures before he or she takes office, by the following methods:
a) The electee will be given selected materials relating to the responsibilities of Board membership, which material is supplied by the New York State School Boards Association, the National School Boards Association, and/or other professional organizations;
b) The electee will be invited to attend Board meetings and to participate in its discussions;
c) The Clerk will supply material pertinent to meetings and explain its use;
d) The electee will be invited to meet with the Superintendent and other administrative personnel to discuss services they perform for the Board;
e) A copy of the Board’s policies and by laws will be given to the electee by the Clerk;
f) The opportunity will be provided for new Board members to attend the New York State School Boards Association orientation program.
Board Member Training
Within the first year of election or appointment, each Board member must complete a minimum of six hours of training on the financial oversight, accountability, and fiduciary responsibilities of a Board member and a training course acquainting him or her with the powers, functions, and duties of Boards, as well as the powers and duties of other governing and administrative authorities affecting public education. Re-elected Board members will not be required to repeat this training. The curriculum and provider of this training must be approved by the Commissioner of Education.
Upon completing the required training, the Board member will file with the District Clerk a certificate of completion issued by the provider of the training. Actual and necessary expenses incurred by a Board member in complying with these requirements are a lawful charge to the District.
Education Law § 2102-a
8 NYCRR § 170.12(a)
Adopted: 7/1/13
Revised: 1/4/17
2210 COMMITTEES OF THE BOARD
The Board and/or the President of the Board may at its discretion establish committees for the purpose of undertaking a specific task in connection with Board activity. These committees, however, cannot make legal decisions for the entire Board.
At the request of the Board, the President shall appoint temporary committees consisting of less than a quorum of the full membership for special purposes. These committees shall be discharged on the completion of their assignment. The President of the Board shall be an ex-officio member of such committees.
The Board recognizes that it may be necessary from time to time to authorize advisory committees for the purpose of enlisting opinions and counsel of the general public. Such committees shall be appointed by the Board. The Board has the right to accept, reject or modify all or any part of a committee recommendation.
Audit Committee
The Board has established an audit committee to oversee the annual audit of the District, and report on its findings to the Board.
The following committees will also be established:
a) Finance Committee
b) Curriculum and Instruction Committee
c) Personnel Committee
d) Policy Committee
e) Buildings and Grounds Committee
Education Law §§ 1708,2116-c and 4601
NOTE: Refer also to Policy #5572 — Audit Committee
Adopted: 7/1/13
Revised: 10/2/14
2320 ATTENDANCE BY BOARD MEMBERS AT CONFERENCES, CONVENTIONS AND WORKSHOPS
The Board believes that continuing in-service training and development are important for its members. The Board, therefore, encourages the participation of all members at appropriate Board conferences, conventions and workshops which are believed to be of benefit to the District. However, in order to control both the investment of time and funds necessary to implement this policy, the Board establishes the following guidelines:
a) A calendar of Board conferences, conventions and workshops shall be maintained by the Board Clerk. The Board will periodically decide which meetings appear to be most likely to produce direct and indirect benefits to the District. At least annually, the Board will identify those new ideas or procedures and/or cost benefits that can be ascribed to participation at such meetings.
b) Funds for participation at such conferences, conventions, workshops and the like will be budgeted for on an annual basis. When funds are limited, the Board will designate which members are to participate at a given meeting.
c) Reimbursement to Board members for all actual and necessary registration fees, expenses of travel, meals and lodging, and all necessary tuition fees incurred in connection with attendance at conferences and the like will be in accordance with established regulations for expense reimbursement.
d) When a conference, convention or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations and materials acquired at the meeting.
The authorization for Board members to attend a conference, convention, workshop and the like shall be by Board resolution adopted prior to such attendance. However, the Board, in its discretion, may delegate the power to authorize attendance at such conferences to the President of the Board.
Where authorization has been delegated to the President of the Board, no expense or claim form shall be paid unless a travel order or similar document signed by the President is attached to such form, authorizing the claimant to attend the conference.
Education Law Section 2118
General Municipal Law Sections 77-b and 77-c
NOTE: Refer also to Policies #5323 — Reimbursement for Meals/Refreshments
#6161 — Conference/Travel Expense Reimbursement
Adopted: 7/1/13
2330 COMPENSATION AND EXPENSES
No member of the Board may receive any compensation for his or her services unless he or she shall also serve as District Clerk and be paid as Clerk. All members of the Board may be reimbursed for actual expenses incurred in representing the District. All bills or claims for reimbursement must be itemized in reasonable detail.
Conference Travel for Newly Elected Board Members
In accordance with General Municipal Law, the Board, by a majority vote, may authorize a newly elected Board member whose term of office has not yet commenced to attend a conference. Such conference travel shall be for official District business and shall be made utilizing a cost-effective and reasonable method of travel.
Authorization must be by resolution adopted prior to such attendance and duly entered in the minutes. However, the Board may delegate the power to authorize such attendance at a conference to the Board President or Board Vice President.
Education Law Section 2118
General Municipal Law Sections 77-b and 77-b(2)
Adopted: 7/1/13
2340 BOARD SELF-EVALUATION
The Board shall review the effectiveness of its internal operations at least once annually and will formulate a plan for improving its performance.
The Superintendent and others who work regularly with the Board may be asked to participate in this review and to suggest ways by which the Board can improve its functioning as a legislative body.
Adopted: 7/1/13
3000 Community Relations
COMMUNITY RELATIONS
- 1.1 Media/Municipal Governments/Senior Citizens…………………………………………….. 3110
- 1.2 School District Standards and Guidelines for Web Page Publishing………………….. 3120
- 1.4 Flag Display ……………………………………………………………………………………………. 3140
- 1.5 School Volunteers …………………………………………………………………. 315
PARTICIPATION BY THE PUBLIC
- 2.1 Visitors to the School …………………………………………………………….. 3210
- 2.1.2 Administrative Guidelines on Sex Offenders and Campus Visitation………. 3212
- 2.2 Use of Service Animals ………………………………………………………………….. 3220
- 2.3 Public Complaints ……………………………………………………………………….. 3230
- 2.4 Student Participation……………………………………………………………….. 3240
- 2.7 Solicitations
- 2.7.1 Solicitation of Charitable Donations………………………………………. 3271
- 2.7.2 Advertising in the Schools …………………………………………… 3272
- 2.8 Use of School Facilities, Materials and Equipment ………….. 3280
- 2.8.1 Adult/Community Education Programs……………………………. 3281
- 2.8.2 Use of Facilities by the Boy Scouts of America and
Patriotic Youth Groups …………………………………………………………………… 3282 - 2.9 Operation of Motor-Driven Vehicles on District Property……………………………….. 3290
DISTRICT RECORDS
- 3.1 Public Access to Records……………………………………………… 3310
- 3.2 Confidentiality of Computerized Information …………….. 3320
PUBLIC ORDER ON SCHOOL PROPERTY
- 4.1 Code of Conduct on School Property…………………….. 3410
- 4.1.1 Prohibition of Weapons on School Grounds……………….. 3411
- 4.1.2 Threats of Violence in School …………………………….. 3412
- 4.2 Non-Discrimination and Anti-Harassment in the District ………………………………… 3420
- 4.3 Uniform Violent and Disruptive Incident Reporting System (VADIR)………………. 3430
EMERGENCY SITUATIONS
- 5.1 Emergency School Closings …………………………………………….. 3510
3110 MEDIA/MUNICIPAL GOVERNMENTS/SENIOR CITIZENS
School District Media
The Principal of each building is responsible for the preparation of news releases concerning the activities within that building, and for reviewing them with the Superintendent prior to release. Copies of all final news releases will be sent to the Superintendent’s Office.
In addition, a periodic newsletter may be prepared and mailed to each resident of the District or posted on the District’s website. Included in the newsletter will be information regarding school activities, a monthly calendar and other items of interest to the community. The Board accepts the funding obligation for the necessary staff and production costs.
As the official spokesperson, the Superintendent or designee will issue all news releases concerning the District. All statements of the Board will be released through the Office of the Superintendent and/or the District Clerk.
Municipal Governments
It is the policy of the Board to establish and maintain a positive working relationship with the governing bodies of the municipality. The Board will also cooperate with municipal, county and state agencies whose work affects the welfare of the children of the District, including but not limited to the County Social Services Department, the Board of Health, the Recreation Department, the Public Library, and all community emergency services agencies.
Senior Citizens
The Board will consider school related programs for senior citizens in accordance with Education Law and/or Regulations of the Commissioner of Education. Such programs include special use of school buildings or school buses, school lunches and partial tax exemptions.
Education Law Sections 1501-b(1)(a), 1501-b(1)(b), and 1709(22)
Real Property Tax Law Section 467
Adopted: 7/1/13
Revised: 1/4/17
2017
3120 SCHOOL DISTRICT STANDARDS AND GUIDELINES FOR WEB PAGE PUBLISHING
General Criteria
The availability of Internet access in the District provides an opportunity for staff and students to access information and contribute to the District’s presence on the World Wide Web. The District/school/classroom Websites must relate to curriculum or instructional matters, school authorized activities, or general information of interest to the public pertaining to the District or its schools. Staff and students are prohibited from publishing personal home pages or links to personal home pages as part of the District/school/classroom Web page(s). Similarly, no individual or outside organization will be permitted to publish personal Web pages as part of the District/school/classroom Web page(s).
Internet access for the creation of Web pages is provided by the District and all information must be reviewed by the Website Manager prior to publishing it on the Web. Personnel designing information for the Web pages must familiarize themselves with and adhere to District standards and procedures. Failure to follow District standards or responsibilities may result in disciplinary sanctions in accordance with law and/or the applicable collective bargaining agreement.
The District will ensure that any and all notifications and documents required by law, regulation, or District policy to be posted on its website will be so published.
Content Standards
a) Approval for posting a Web page must be obtained from the Website Manager or his or her designee(s). If at any time, the Website Manager/designee(s) believes the proposed material does not meet the standards approved by the District, it will not be published on the Web. Decisions regarding access to active Web pages for editing content or organization will be the responsibility of the Website Manager/designee(s).
b) A Web page must be sponsored by a member of the District faculty, staff or administration who will be responsible for its content, design, currency and maintenance. The sponsor is responsible for ensuring that those constructing and maintaining the Web page have the necessary technical training and that they fully understand and adhere to District policies and regulations. The Web page must include the name of the sponsor.
c) Staff or student work should be published only as it relates to a school/classroom authorized project or other school-related activity, and in compliance with any and all relevant laws, rules, and regulations.
d) The review of a Student Web page (if considered a school-sponsored student publication) will be subject to prior District review as would any other school-sponsored student publication.
e) An authorized teacher who is publishing the final Web page(s) for himself or herself or for a student will edit and test the page(s) for accuracy of links and check for conformance with District standards and practices.
f) Commercial advertising or marketing on the District/school/classroom Web page(s) (or the use of school-affiliated Web pages for the pursuit of personal or financial gain) will be prohibited unless otherwise authorized in accordance with law and/or regulation. Decisions regarding Website advertising must be consistent with existing District policies and practices on this matter. School-affiliated Web pages may mention outside organizations only in the context of school programs that have a direct relationship to those organizations (e.g., sponsorship of an activity, student community service project).
g) Web pages may include faculty or staff names; however, other personal information about employees including, but not limited to, home telephone numbers, addresses, email addresses, or other identifying information such as names of family members may be published only with the employee’s written permission.
h) All Web pages must conform to the standards for appropriate use found in the District’s Acceptable Use Policy(ies) and accompanying regulations regarding standards of acceptable use; examples of inappropriate behavior; and compliance with applicable laws, privacy, and safety concerns.
i) All staff and/or students authorized to publish material on the District/school/classroom Web page(s) must acknowledge receipt of the District’s Web Page Standards and agree to comply with these standards prior to posting any material on the Web.
Release of Student Education Records/Directory Information
The District will not permit students’ personally identifiable information to be posted on any District Web pages unless such action is consistent with the Family Educational Rights and Privacy Act (FERPA) and District policy.
Online posting of school bus schedules and/or other specific activity schedules detailing dates/times/locations (e.g., field trips) is prohibited on school-affiliated Websites as such information can pose risks of child abduction or other security concerns. Password protected Websites may be authorized by the Superintendent or designee.
Use of Copyrighted Materials and “Fair Use” Exceptions
Copyrighted Materials
All employees and students are prohibited from copying materials not specifically allowed by the copyright law, “Fair Use” guidelines, licenses or contractual agreements, or the permission of the copyright proprietor. Web Page publications must include a statement of copyright when appropriate and indicate that permission has been secured when including copyrighted materials or notice that such publication is in accordance with the “Fair Use” provisions of the Copyright Law.
Consequences for Non-Compliance
Web pages that do not comply with the above criteria are subject to revocation of approval and removal from the District/school/classroom Websites.
Staff
Faculty or staff posting non-approved or inappropriate material on a school-affiliated website are subject to discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with law and applicable collective bargaining agreements. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.
Students
Students posting non-approved or inappropriate material on a school-affiliated Website are subject to discipline, including possible suspension or revocation of access to the District’s computer network, in accordance with applicable due process procedures and the District Code of Conduct. In the case that a violation may constitute a criminal offense, it will be reported to the appropriate authorities.
Oversight
The Superintendent or designee shall have the authority to approve or deny the posting of any proposed Web pages on school-affiliated websites based upon compliance with the terms and conditions set forth in this policy as well as applicable District practices and procedures.
Digital Millennium Copyright Act (DMCA), 17 USC Sections 101 et seq., 512 and 1201 et seq.
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g)
34 CFR Parts 99 and 201
(Continued)
NOTE: Refer also to Policies #7241 — Student Directory Information
#7411 — Censorship of School-Sponsored Student Publications
and Activities
#8350 — Use of Copyrighted Materials
Adopted: 7/1/13
Revised: 1/4/17
3140 FLAG DISPLAY
In keeping with State Education Law and Executive Law, the Board accepts its duty to display the United States flag upon or near each public school building during school hours, weather permitting, and such other times as the statutes may require or the Board may direct.
When ordered by the President, Governor, or local official, to commemorate a tragic event or the death of an outstanding individual, the flag shall be flown at half-staff. The Superintendent’s approval shall be required for the flag to be flown at half-staff upon any other occasion. Regulations for seeking such approval shall be established in the Administrative Manual of the District.
The flag shall be displayed in every assembly room (i.e., the auditorium) including the room where the Board meetings are conducted, as well as displayed in all rooms used for instruction.
4 USC Section 6
Education Law Sections 418 – 420
Executive Law Sections 402 and 403
8 NYCRR Sections 108.1-108.3
Adopted: 7/1/13
3150 SCHOOL VOLUNTEERS
The Board recognizes the need to develop a school volunteer program to support District instructional programs and extracurricular activities. The purpose of the volunteer program will be to:
a) Assist employees in providing more individualization and enrichment of instruction;
b) Build an understanding of school programs among interested citizens, thus stimulating widespread involvement in a total educational process;
c) Strengthen school/community relations through positive participation.
Volunteers are persons who are willing to donate their time and energies to assist principals, teachers, and other school personnel in implementing various phases of school programs. Volunteers shall serve in that capacity without compensation or employee benefits except for liability protection under the District’s insurance program.
An application shall be filled out by each prospective volunteer and forwarded to the District Office for evaluation. The building principal will forward his or her decisions concerning selection, placement and replacement of volunteers to the Superintendent for final evaluation. Following approval from the Board, volunteers selected for work in the District shall be placed on the list of approved volunteers. However, the Superintendent retains the right to approve or reject any volunteer applications submitted for consideration.
Administrative regulations will be developed to implement the terms of this policy.
Volunteer Protection Act of 1997, 42 USC Section 14501 et seq.
Education Law Sections 3023 and 3028
Public Officers Law Section 18
NOTE: Refer also to Policy #6540 — Defense and Indemnification of Board Members and
Employees
Adopted: 7/1/13
3210 VISITORS TO THE SCHOOL
Parents and patrons of the District are welcome to visit district schools and attend district events as allowed by District policy. However, during regular school hours when classroom instruction is being conducted, all visitors to a school campus must sign or check in at the campus administrative office. Special events outside the school day will not require visitors to sign in. Special events during the regular school day will require signing into the building at the discretion of the building principal. This requirement applies to all non-employees. These guidelines will be available in each campus’ administrative office. The OESJ School district has adopted the use of the Raptor Visitor Management System to screen visitors against the national sex offender registry and other custom alerts the district has configured. All visitors will be required to list the reason for the visit, and provide some form of photographic identification prior to proceeding elsewhere on campus that will be scanned using the Raptor Visitor Management System before entry into any district facility is approved. This policy includes but is not limited to all visitors, contractors and volunteers.
Utilization of Raptor Visitor Technologies System
The District utilizes an electronic visitor management system (EVMS) in order to ensure the safety and welfare of its students, staff and guests. The Raptor Visitor Management System screens against the national sex offender registry for every visitor based on first name, last name, and date of birth. The Raptor system will also screen against custom alerts the district configures, such as, non-custodial parents/guardians, no-trespass order, etc.
The Raptor Visitor Management System only collects first name, last name, and date of birth, partial ID #, and picture. Raptor DOES NOT keep a copy of the ID.
Visitors
The Raptor scan can read 2D barcodes and/or Machine-Readable Zone (MRZ). Identification cards and Driver’s Licenses are examples of IDs that the system will read. If an ID does not contain a 2D barcode or MRZ, the scanner will look for and capture a photo if one is available and prompt the user to manually enter the first name, last name, date of birth, and ID number. The district will also manually enter data from a passport, school/college identification card with photo, employer identification card with photo. These forms of identification may not have a 2D barcode, therefore the district will scan the photo and then manually enter the name, date of birth, and ID number.
Once the visitor’s ID is scanned, the EVMS will print a visitor’s badge, which must be worn throughout the duration of the visit. Visitors should return this badge at the end of their visit so that they may be check out of the building in a timely fashion.
Any visitor that will be going beyond the front vestibule will need to be scanned, unless deemed otherwise by school administration.
If the visitor does not possess a valid form of ID, the district will take a photo and manually enter first name, last name, and date of birth.
If a parent refuses to present ID or provide required information, entry will not be allowed.
Possible Offender Match
If a possible sex offender match occurs, front office personnel will notify administration or the school resource officer. School administration or the school resource officer will then go through the potential offender protocol and make a decision on entry.
Positive Offender Match
If a positive sex offender match occurs, front office personnel will notify administration and school resource officer. If the visitor is also a parent, School Administration will review rights of access, if any, with the visitor. If the visitor is not a parent, access will be denied.
Custom Alerts
The district will be customizing alerts within the Raptor Visitor Management System. Visitor entry could be restricted based on non-custodial parent restrictions, no-trespassing orders, orders of protection etc. The front office personnel will notify administration or the school resource officer. School administration or the school resource officer will notify the person that entry is denied.
Classroom Visitation
Visits to individual classrooms during instructional time shall be permitted only with the principal’s approval and in consultation with the teacher. Such visits shall not be permitted if their duration or frequency interferes with the delivery of instruction or disrupts the school environment.
Disruptive Conduct
If a visitor’s conduct becomes disruptive, abusive, threatening, or violent, the administration may require the visitor to leave immediately. Depending on the severity of the conduct, the visitor may be prohibited from being present on any District property for a period of time authorized by the superintendent or the superintendent’s designee.
Adopted: 7/1/13
Revised: 2/9/15
Revised: 11/13/19
3212 ADMINISTRATIVE GUIDELINES ON SEX OFFENDERS AND CAMPUS VISITATION
The District may use the computerized central database maintained by the New York State Department of Public Safety or any other database accessible to the District to determine whether campus visitors are registered sex offenders. Visitor-management technology may also be used to verify this information.
General Rule
The Sex Offender Registration Act (commonly referred to as “Megan’s Law”) is a law that requires convicted sex offenders to register with the Division of Criminal Justice Services (CJS) upon discharge, parole, or release (Corrections Law Section 168 et seq.). Based on the recommendations of a Board of Examiners of Sex Offenders, convicted sex offenders will be designated either as “sex predators,” “sexually violent offenders” or “predicate sex offenders” and assigned to one of three risk classifications, depending on the level of risk of repeat offenses. A level one designation means the risk of repeat offices is deemed low, a level two a moderate risk, and a level three a high risk (Corrections Law Section 168-1(6)). The risk level designation determines the extent of public notification upon their return to the community (Corrections Law Sections 168-a(7), 168-1(6)).
Level three sex offenders placed on conditional release or parole are prohibited from knowingly entering upon school grounds or other facilities where children are cared for, while one or more persons under the age of 18 are present. The prohibition is a mandatory condition of release (Penal Law Section 65.10(4-a)).
However, the prohibition does not extend automatically to, for example, a sentenced offender who is a registered student or has a family member enrolled in a school, if the sex offender’s parole officer and the Superintendent agree in writing to permit entry upon school grounds for the limited purposes authorized by the parole officer and the Superintendent.
Similarly, level two and level three offenders will be found guilty of criminal trespass in the second degree if they knowingly enter a school attended or formerly attended by the victim of the offense for which they are a registered as a sex offender. Exceptions apply, however, if the registered level two or level three offender is a lawfully registered student at the school, a lawful participant in a school-sponsored event, or the parent or legal guardian of a student lawfully registered at the school and enters the school to attend that student’s event or activity. Other exceptions apply if the school is the offender’s designated polling place and he or she enters solely to vote, or the offender enters the school for limited purposes authorized by the Superintendent or chief school administrator (Penal Law Section 140.15).
Voting
Where a sex offender is a lawfully registered and qualified voter whose polling place is on District property, he or she may come upon such property for early voting or on Election Day, during polling hours, solely for the purpose of casting his or her vote.
ADMINISTRATIVE GUIDELINES ON SEX OFFENDERS AND CAMPUS VISITATION
Parent Sex Offender
Where a student’s parent, guardian, or other person having lawful control of the student under a valid court order is a sex offender as defined above, that person may only enter on district property under the following limited circumstances:
a) To attend a scheduled conference with school personnel to discuss the student’s academic or social progress, promotion/retention, assignment/reassignment, attendance, participation in school related activities, or discipline;
b) To attend an IEP meeting or other conference where evaluation or placement decisions may be made respecting the student’s special education services;
c) To pick up assignments from the campus administrative office;
d) To transport the student to or from school;
e) To attend the student’s high school graduation; or
f) To attend any meeting requested by the campus administration.
The individual will be supervised and accompanied by school personnel at all times. The individual must sign out at the campus administrative office upon departure. If the individual is on District property for any other purpose and without permission, he or she will be subject to removal and/or arrest. Should a sex offender parent, guardian, or other person having lawful control of the student under a valid court order seek to enter District property for any other purpose, he or she must submit a Sex Offender Visitation Request form and obtain written permission based upon the Request form. The individual submitting the request may not enter District property except under the limited circumstances set out above.
Even under the limited circumstances set out above, an individual will not be permitted to enter or be present on school property if:
a) The individual’s parental rights have been terminated,
b) The individual’s presence at school is prohibited by court order or conditions of probation, or
c) The Superintendent determines that the individual poses a unique threat to student safety. In those cases, communications regarding the student will be conducted by alternate means such as telephone, mail, or electronic communications. Where the administration determines that a meeting is necessary, it will identify an appropriate meeting place where students are not present.
ADMINISTRATIVE GUIDELINES ON SEX OFFENDERS AND CAMPUS VISITATION
Volunteers
An adult sex offender as defined above may not serve as a volunteer with the District and may not participate in school-related activities or field trips.
Contractors, Vendors, & Other Third Parties
Contractors, vendors, or other third parties will not permit an employee who is a sex offender to come on District property except in an emergency and with approval of the Superintendent. In case of such approval, the individual will be supervised and accompanied by school personnel at all times. It is the contractor’s responsibility to check the sex offender registry prior to sending any employee onto District property.
A Sex Offender Visitation Request Form will be completed prior to the campus visit and a copy of the signed approval form will be kept in the District Office as well as the Principal’s Office of the building the offender will be visiting.
Adopted: 1/8/15
3220 USE OF SERVICE ANIMALS
The Board allows the use of service animals on school grounds by individuals with disabilities, subject to restrictions permitted by federal and/or state law, and procedures established by the Superintendent or designee.
A service animal is defined as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals.
The Board would like the owner of the service animal to provide proof of a current physical and up-to-date rabies and distemper shots along with any other pertinent medical records if the service animal will be in the district on a regular basis.
The work or tasks performed by a service animal must be directly related to the individual’s disability. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Psychiatric service animals that have been trained to take a specific action to help avoid an anxiety attack or to reduce its effects, however, may qualify as a service animal.
Where reasonable, the Board also allows the use of miniature horses on school grounds by individuals with disabilities. This use will only be permitted where a miniature horse has been individually trained to do work or perform tasks to benefit an individual with a disability. The use of miniature horses by individuals with disabilities is subject to the considerations and restrictions permitted by federal and/or state law.
The Superintendent or designee may create procedures, regulations, and/or building-specific rules regarding the use of service animals and miniature horses on school grounds by individuals with disabilities.
28 CFR §§ 35.104, 35.136, 35.139
Adopted: 5/28/15
Revised: 1/4/17
3230 PUBLIC COMPLAINTS
Complaints by citizens regarding any facet of the school operation often can be handled more satisfactorily by the administrative officer in charge of the unit closest to the source of the complaint. In most instances, therefore, complaints will be made to the building principal and/or his or her assistant if the matter cannot be resolved by the teacher, coach, or other school employee.
If the complaint and related concerns are not resolved at this level to the satisfaction of the complainant, the complaint may be carried to the Superintendent and/or one of his or her assistants. Unresolved complaints at the building level must be reported to the Superintendent by the building principal. The Superintendent may require the statement of the complainant in writing.
If the complaint and related concerns are not resolved at the Superintendent level to the satisfaction of the complainant, the complaint may be carried to the Board. Unresolved complaints at the Superintendent level must be reported to the Board by the Superintendent. The Board reserves the right to require prior written reports from appropriate parties.
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the School
District
#8330 — Objection to Instructional Materials
#8331 — Controversial Issues
District Code of Conduct
Adopted: 7/1/13
3240 STUDENT PARTICIPATION
Students provide an important channel of communication with parents and the entire community. Information concerning the schools may be properly disseminated through students. The District’s administrators shall review all messages and materials prior to authorizing their dispersal through the student body.
Adopted: 7/1/13
3271 SOLICITATION OF CHARITABLE DONATIONS
School Children
Direct solicitation of charitable donations from children in the District schools on school property during regular school hours shall not be permitted. It will be a violation of District policy to ask District school children directly to contribute money or goods for the benefit of a charity during the hours in which District students are compelled to be on school premises.
However, this policy does not prevent the following types of fund raising activities:
a) Fund raising activities which take place off school premises, or outside of regular school hours during before-school or after-school extracurricular periods;
b) Arms-length transactions, where the purchaser receives a consideration for his or her donation. For example, the sale of goods or tickets for concerts or social events, where the proceeds go to charity, shall not be prohibited as the purchaser will receive consideration – the concert or social event – for the funds expended;
c) Indirect forms of charitable solicitation on school premises that do not involve coercion, such as placing a bin or collection box in a hallway or other common area for the donation of food, clothing, other goods or money. However, collection of charitable contributions of food, clothing, other goods or funds from students in the classroom or homeroom is prohibited.
The Board shall ultimately decide which organizations, groups, etc. can solicit charitable donations and for what purposes, as long as the activities comply with the terms of this policy and the Rules of the Board of Regents.
Regulations shall be developed by the administration to implement this policy.
School Personnel
Soliciting of funds from school personnel by persons or organizations representing public or private organizations shall be prohibited. The Superintendent shall have the authority to make exceptions to this policy in cases where such solicitation is considered to be in the District’s best interest. The Board shall be notified of these instances.
Distribution of information about worthwhile area charities may be made through the Office of the Superintendent as a service to District personnel.
New York State Constitution Article 8, Section 1
Education Law Section 414
8 NYCRR Section 19.6
NOTE: Refer also to Policy #7450 — Fund Raising by Students, Staff, or School-Related Groups
Adopted: 7/1/13
3272 ADVERTISING IN THE SCHOOLS
Neither the facilities, the staff, nor the students of the District shall be employed in any manner for advertising or otherwise promoting the interests of any commercial, political, or other non-school agency, individual or organization, except that:
a) Schools may cooperate in furthering the work of any non-profit, community-wide, social service agency, provided that such cooperation does not restrict or impair the educational program of the schools or conflict with the Rules of the Board of Regents Section 19.6;
b) The schools may use films or other educational materials bearing only simple mention of the producing firm;
c) The Superintendent may, at his or her discretion, announce or authorize to be announced, any lecture or other community activity of particular educational merit;
d) The schools may, upon approval of the Superintendent, cooperate with any agency in promoting activities in the general public interest that are non-partisan and non-controversial, and that promote the education and other best interests of the students.
No materials of a commercial nature shall be distributed through the children in attendance in the Oppenheim-Ephratah-St. Johnsville Central School District except as authorized by law or the Commissioner’s regulations.
New York State Constitution Article 8, Section 1
8 NYCRR Section 19.6
Adopted: 7/1/13
3280 USE OF SCHOOL FACILITIES, MATERIALS, AND EQUIPMENT
School Facilities
It is the policy of the Board to encourage the greatest possible use of school facilities for community-wide activities including those uses permitted by New York State law. Groups wishing to use the school facilities must secure written permission from the Board or its designee and abide by the rules and regulations established for use including restrictions on alcohol, tobacco, and drug use.
The District reserves the right to charge a fee for the use of its facilities in a manner consistent with law, and on terms specified in regulation or by agreement with these organizations.
Materials and Equipment
Except when used in connection with, or rented under provisions of Education Law Section 414, school-owned materials or equipment may be used for school related purposes only. Private or personal use of school-owned materials and equipment is strictly prohibited. The loan of equipment and materials for public purposes that serve the welfare of the community is allowed, as long as the equipment is not needed at that time for school purposes and that the proposed use will not disrupt normal school operations.
The Board will permit school materials and equipment to be loaned to staff members when such use is directly or peripherally related to their employment, and to students when the material and equipment is to be used in connection with their studies or extracurricular activities. Community members will be allowed to use school-owned materials and equipment only for educational purposes that relate to school operations. The Board will also allow the loan of equipment to local governments and other entities that benefit the welfare of the surrounding community. The Board supports this inter-municipal cooperation as it saves taxpayer monies and is a more efficient use of scarce or costly equipment and resources.
Education Law § 414
NY Constitution Article 8
NOTE: Refer also to Policies #3282 — Use of Facilities by the Boy Scouts of America and Patriotic
Youth Groups
#3410 — Code of Conduct on School Property
#5640 — Smoking/Tobacco Use
#7320 — Alcohol, Tobacco, Drugs and Other Substances
#7410 — Extracurricular Activities
District Code of Conduct
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
3281 ADULT/COMMUNITY EDUCATION PROGRAMS
It shall be the policy of the Board that:
Continuing Education programs be provided to meet community needs by:
a) Promoting life-long learning as a concept of an individual’s growth;
b) Providing activities enabling people to develop their potential;
c) Providing a learning environment that encourages personal growth, autonomy and self-confidence;
d) Contributing to the development of an aware and responsible community.
Course requirements (e.g., tuition, days of offering, times) will be developed by the administration and presented to the Board for approval.
The instructor’s salary shall be established at $15 per hour.
Adopted: 7/1/13
3282 USE OF FACILITIES BY THE BOY SCOUTS OF AMERICA AND PATRIOTIC YOUTH GROUPS
To the extent the District receives funds made available through the United States Department of Education and maintains a “designated open forum” or a “limited public forum,” as those terms are defined in federal regulation, it will not deny any group officially affiliated with the Boy Scouts of America or any other patriotic youth group listed in Title 36 of the United States Code equal access or a fair opportunity to meet. Likewise, the District will not discriminate against any group that requests to conduct a meeting within the District’s designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the group’s membership or leadership criteria or oath of allegiance to God and country.
The District will provide groups officially affiliated with the Boy Scouts of America or other Title 36 patriotic youth group access to facilities and the ability to communicate using school-related means of communication on terms that are no less favorable than the most favorable terms provided to other outside youth or community groups.
The District is not required to sponsor any group officially affiliated with Boy Scouts or any other Title 36 patriotic youth group.
20 USC § 7905
36 USC Subtitle II
34 CFR Parts 75, 76 and 108
NOTE: Refer also to Policy #3280 — Use of School Facilities, Materials and Equipment
Adopted: 1/4/17
3290 OPERATION OF MOTOR-DRIVEN VEHICLES ON DISTRICT PROPERTY
The use of motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATV’s) and other such vehicles is prohibited on any school grounds or areas except for authorized school functions or purposes.
A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.
Student Vehicles on School Property
All student vehicles are to be registered with the High School Principal and parked in authorized areas only.
Students are allowed to drive to school for the following reasons only:
a) The student must have a car for proper work/study release program.
b) The student is involved in an after school activity, function or practice.
c) The student has written permission from a legal guardian and building principal for that particular day/week.
d) Copy of driver’s license.
e) Driving on school grounds is a privilege and can be revoked at any time.
f) Priority will be given to seniors first.
Education Law Section 2801(1)
Vehicle and Traffic Law Section 1670
Adopted: 7/1/13
3310 PUBLIC ACCESS TO RECORDS
Access to records of the District shall be consistent with the rules and regulations established by the State Committee on Open Government and shall comply with all the requirements of the New York State Public Officers Law Sections 87 and 89.
A Records Access Officer shall be designated by the Superintendent, subject to the approval of the Board, who shall have the duty of coordinating the District’s response to public request for access to records.
The District shall provide copies of records in the format and on the medium requested by the person filing the Freedom of Information Law (FOIL) request if the District can reasonably do so regardless of burden, volume or cost of the request.
The Board at Oppenheim-Ephratah-St. Johnsville establishes the following fees:
a) Pager not larger than 81/2″ x 14″: $.25 cents per page.
b) Existing computer printouts: $.05 per page.
c) Any other record: the actual cost thereof to the District.
d) Certifications: no additional charge.
e) Documents sent electronically: no charge.
Fees shall be paid by check or money order payable to the Oppenheim-Ephratah-St. Johnsville Central School District.
In addition, dependent on the type of record, the cost in accordance with FOIL may include the following:
a) The salary of the person requiring to replicate the record (labor charges);
b) The cost of the storage device or media provided to the person making the request; and
c) The cost of engaging an outside organization to produce a copy of the record.
Regulations and procedures pertaining to accessing and providing District records shall be as indicated in the District Administrative Manual.
Requests for Records via Email
If the District has the capability to retrieve electronic records, it must provide such records electronically upon request. The District shall accept requests for records submitted in the form of electronic mail and respond to such requests by electronic mail using the forms supplied by the District. This information shall be posted on the District website, clearly designating the email address for purposes of receiving requests for records via this format.
When the District maintains requested records electronically, the response shall inform the requester that the records are accessible via the internet and in printed form either on paper or other information storage medium.
Board Meetings and Records
District records subject to release under FOIL, as well as any proposed rule, regulation, policy or amendment, that are on the Board agenda and scheduled to be discussed at a Board meeting, shall be made available upon request, to the extent practicable, prior to the meeting. Copies of such records may be made available for a reasonable fee. If the District maintains a regularly updated website and utilizes a high speed internet connection, such records shall be posted on the website to the extent practicable, prior to the meeting. The District may, but is not required to expend additional funds to provide such records.
Education Law Section 2116
Public Officers Law Sections 87 and 89
21 NYCRR Parts 1401 and 9760
Adopted: 7/1/13
Revised: 8/7/14
3320 CONFIDENTIALITY OF COMPUTERIZED INFORMATION
The development of centralized computer banks of educational data gives rise to the question of the maintenance of confidentiality of such data while still conforming to the New York State Freedom of Information Law. The safeguarding of confidential data from inappropriate use is essential to the success of the District’s operation. Access to confidential computerized data shall be limited only to authorized personnel of the District.
It shall be a violation of the District’s policy to release confidential computerized data to any unauthorized person or agency. Any employee who releases or otherwise makes improper use of such computerized data shall be subject to disciplinary action.
However, if the computerized information sought is available under the Freedom of Information Law and can be retrieved by means of existing computer programs, the District is required to disclose such information.
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g)
34 CFR Part 99
Public Officers Law Section 84 et seq.
Adopted: 7/1/13
3410 CODE OF CONDUCT ON SCHOOL PROPERTY
The District has developed and will amend, as appropriate, a written Code of Conduct for the Maintenance of Order on School Property, including school functions, which shall govern the conduct of students, teachers and other school personnel, as well as visitors. The Board shall further provide for the enforcement of such Code of Conduct.
For purposes of this policy, and the implemented Code of Conduct, school property means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of the District’s elementary or secondary schools, or in or on a school bus; and a school function shall mean a school-sponsored extracurricular event or activity regardless of where such event or activity takes place, including those that take place in another state.
The District Code of Conduct has been developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel.
The Code of Conduct shall include, at a minimum, the following:
a) Provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and conduct, dress and language deemed unacceptable and inappropriate on school property; provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions; the appropriate range of disciplinary measures which may be imposed for violation of such Code; and the roles of teachers, administrators, other school personnel, the Board and parents or persons in parental relation to the student;
b) Provisions prohibiting discrimination, bullying and/or harassment against any student, by employees or students on school property, at a school function, or off school property when the actions create or would foreseeably create a risk of substantial disruption within the school environment or where it is foreseeable that the conduct might reach school property, that creates a hostile environment by conduct, with or without physical contact, threats, intimidation or abuse (verbal or non-verbal), of such a severe nature that:
1. Has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or
2. Reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety.
When the term “bullying” is used, even if not explicitly stated, such term includes cyberbullying, meaning such harassment or bullying that occurs through any form of electronic communication.
Such conduct shall include, but is not limited to, threats, intimidation, or abuse based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practices, disability, sexual orientation, gender as defined in Education Law Section 11(6), or sex; provided that nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person’s gender that would be permissible under Education Law Sections 3201-a or 2854(2) (a) and Title IX of the Education Amendments of 1972 (20 USC Section 1681, et seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under 504 of the Rehabilitation Act of 1973;
c) Standards and procedures to assure security and safety of students and school personnel;
d) Provisions for the removal from the classroom and from school property, including a school function, of students and other persons who violate the Code;
e) Provisions prescribing the period for which a disruptive student may be removed from the classroom for each incident, provided that no such student shall return to the classroom until the principal (or his or her designated District administrator) makes a final determination in accordance with Education Law Section 3214(3-a)I or the period of removal expires, whichever is less;
f) Disciplinary measures to be taken for incidents involving the use of tobacco, the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student’s civil rights, harassment and threats of violence;
g) Provisions for responding to acts of discrimination, bullying and/or harassment against students by employees or students on school property, at a school function, or off school property when the actions create or would foreseeably create a risk of substantial disruption within the school environment or where it is foreseeable that the conduct might reach school property, in accordance with clause (b) of this subparagraph;
h) Provisions for detention, suspension and removal from the classroom of students, consistent with Education Law Section 3214 and other applicable federal, state and local laws, including provisions for school authorities to establish procedures to ensure the provision of continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school, which shall include alternative educational programs appropriate to individual student needs;
i) Procedures by which violations are reported and determined, and the disciplinary measures imposed and carried out;
j) Provisions ensuring the Code of Conduct and its enforcement are in compliance with state and federal laws relating to students with disabilities;
k) Provisions setting forth the procedures by which local law enforcement agencies shall be notified of Code violations which constitute a crime;
l) Provisions setting forth the circumstances under and procedures by which parents or persons in parental relation to the student shall be notified of Code violations;
m) Provisions setting forth the circumstances under and procedures by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision (“PINS”) petition as defined in Articles 3 and 7 of the Family Court Act will be filed;
n) Circumstances under and procedures by which referral to appropriate human service agencies shall be made;
o) A minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher’s authority over the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law. For purposes of this requirement, as defined in Commissioner’s regulations, “repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom” shall mean engaging in conduct which results in the removal of the student from the classroom by teacher(s) in accordance with the provisions of Education Law Section 3214(3-a) and the provisions set forth in the Code of Conduct on four or more occasions during a semester, or three or more occasions during a trimester, as applicable;
p) A minimum suspension period for acts that would qualify the student to be defined as a violent student in accordance with Education Law Section 3214(2-a)(a). However, the suspending authority may reduce the suspension period on a case-by-case basis consistent with any other state and federal law;
q) A Bill of Rights and Responsibilities of Students which focuses upon positive student behavior and a safe and supportive school climate, which shall be written in plain-language, publicized and explained in an age-appropriate manner to all students on an annual basis; and
r) Guidelines and programs for in-service education programs for all District staff members to ensure effective implementation of school policy on school conduct and discipline, including but not limited to, guidelines on promoting a safe and supportive school climate
while discouraging, among other things, discrimination, bullying and/or harassment against students by students and/or school employees; and including safe and supportive school climate concepts in the curriculum and classroom management.
The Code of Conduct shall be adopted by the Board only after at least one public hearing that provided for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties.
The District’s Code of Conduct shall be reviewed on an annual basis, and updated as necessary in accordance with law. The District may establish a committee in accordance with Education Law Section 2801(5)(a) to facilitate review of its Code of Conduct and the District’s response to Code of Conduct violations. The Board shall reapprove any updated Code of Conduct or adopt revisions only after at least one public hearing that provides for the participation of school personnel, parents or persons in parental relation, students, and any other interested parties. The District shall file a copy of its Code of Conduct and any amendments with the Commissioner, in a manner prescribed by the Commissioner, no later than 30 days after their respective adoptions.
The Board shall ensure community awareness of its Code of Conduct by:
a) Posting the complete Code of Conduct on the Internet website, if any, including any annual updates and other amendments to the Code;
b) Providing copies of a summary of the Code of Conduct to all students in an age-appropriate version, written in plain language, at a school assembly to be held at the beginning of each school year;
c) Providing a plain language summary of the Code of Conduct to all parents or persons in parental relation to students before the beginning of each school year and making the summary available thereafter upon request;
d) Providing each existing teacher with a copy of the complete Code of Conduct and a copy of any amendments to the Code as soon as practicable following initial adoption or amendment of the Code. New teachers shall be provided a complete copy of the current Code upon their employment; and
e) Making complete copies available for review by students, parents or persons in parental relation to students, other school staff and other community members.
Privacy Rights
As part of any investigation, the District has the right to search all school property and equipment including District computers. Rooms, desks, cabinets, lockers, computers, etc. are provided by the District for the use of staff and students, but the users do not have exclusive use of these locations or equipment and should not expect that materials stored therein will be private.
Education Law Article 2, Sections 801-a, 2801 and 3214
Family Court Act Articles 3 and 7
Vehicle and Traffic Law Section 142
8 NYCRR Section 100.2
NOTE: Refer also to District Code of Conduct on School Property
Adopted: 7/1/13
Revised: 8/7/14
3411 PROHIBITION OF WEAPONS ON SCHOOL GROUNDS
With the exception of law enforcement officers, as permitted by law, and individuals who have the express written permission of the Board or its designee, no person may have in his or her possession any weapon on school grounds, in any District building, on a school bus or District vehicle, or at any school sponsored activity or setting under the control and supervision of the District. This prohibition shall include, but not be limited to: any of the objects or instruments referred to in Section 265.01 of the New York State Penal Law; any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge; and any object that could be considered a reasonable facsimile of a weapon.
Penal Law Sections 265.01-265.06
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#7313 — Suspension of Students
#7360 — Weapons in School and the Gun-Free Schools Act
Adopted: 7/1/13
Revised: 5/7/14
3412 THREATS OF VIOLENCE IN SCHOOL
The District is committed to the prevention of violence against any individual or property in the schools, on school property or at school activities whether such acts and/or threats of violence are made by students, staff, or others. Threats of violence against students, school personnel and/or school property will not be tolerated whether or not such threats occur on school grounds or during the school day.
Any person who commits an act or threatens an act of violence, including bomb threats, whether made orally, in writing, by email, or by any other electronic format, shall be subject to appropriate discipline in accordance with applicable law, District policies and regulations, as well as the Code of Conduct on School Property and collective bargaining agreements, as may be necessary.
While acknowledging an individual’s constitutional rights, including applicable due process rights, the District refuses to condone acts and/or threats of violence which threaten the safety and well-being of staff, students, visitors and/or the school environment. Employees, students, agents and invitees shall refrain from engaging in threats or physical actions which create a safety hazard for others.
All staff who are made aware of physical acts and/or threats of violence directed to students or staff are to report such incidents to the building principal or designee, who shall report such occurrences to the Superintendent. Additionally, the building principal or designee will also report occurrences of violence, whether involving an actual confrontation or threat of potential violence, to the school psychologist and/or Director of Special Education if applicable. Local law enforcement agencies may be called as necessary upon the determination of the Superintendent or designee.
Students are to report all acts and/or threats of violence, including threats of suicide, of which they are aware by reporting such incidents to the school hotline, a faculty member, or the building principal.
The District reserves the right to seek restitution, in accordance with law, from the parent or guardian and/or student for any costs or damages which had been incurred by the District as a result of the threats or acts of violence in the schools.
This policy will be enforced in accordance with applicable laws and regulations, as well as collective bargaining agreements and the Code of Conduct as may be necessary. Additionally, this policy will be disseminated, as appropriate, to students, staff, and parents and will be available to the general public upon request.
Appropriate sanctions for violations of this policy by students will be addressed in the Code of Conduct.
Adopted: 7/1/13
Revised: 8/7/14
3420 NON-DISCRIMINATION AND ANTI-HARASSMENT IN THE DISTRICT
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
#7551 — Sexual Harassment of Students
#7550 — Dignity for All Students Act
District Code of Conduct
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
3430 UNIFORM VIOLENT AND DISRUPTIVE INCIDENT REPORTING SYSTEM (VADIR)
In compliance with the Uniform Violent and Disruptive Incident Reporting System (VADIR), the District will record each violent or disruptive incident that occurs on school property or at a school function. School property shall mean in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school; or in or on a school bus as defined in Vehicle and Traffic Law Section 142. A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.
In accordance with the manner prescribed, the District will submit an annual report of violent and disruptive incidents (on the Summary of Violent and Disruptive Incidents form) from the previous school year to the Commissioner of Education. Summary data will be used to determine the rate of violent and disruptive incidents in each school and to identify schools as persistently dangerous, as required by the No Child Left Behind Act.
The District will utilize the Individual Violent and Disruptive Incident Report form for the reporting of individual incidents by each building and/or program under its jurisdiction and for the tally count of incidents into the Summary Form. Copies of such incident reports will be retained for the time prescribed by the Commissioner in the applicable records retention schedule. These reports will be available for inspection by the State Education Department upon request.
All personally identifiable information included in a violent or disruptive incident report will be confidential and will not be disclosed to any person for any purpose other than that specified in Education Law Section 2802, except as otherwise authorized by law.
The District will include a summary of the District’s annual violent or disruptive incident report in its District Report Card in the format prescribed by the Commissioner.
Reporting Guidelines
The District will utilize the New York State Education Department’s Website to obtain copies of the forms, directions, glossary and additional information.
Education Law Sections 2801(1) and 2802
Vehicle and Traffic Law Section 142
8 NYCRR Section 100.2 (gg)
Adopted: 7/1/13
3510 EMERGENCY SCHOOL CLOSINGS
In the event it is necessary to close school for the day, activate a delayed starting time or early dismissal (as well as information relating to cancellation of after-school activities/late bus runs), due to inclement weather, impassable roads, or other emergency reasons, announcement will be made over local radio and television stations, the District automated calling system, and the Internet/District website as designated by the Board.
When school is closed, all related activities, including athletic events and student activities, will be cancelled for that day and evening.
The attendance of personnel will be governed by their respective contracts.
Education Law Section 3604(7)
Adopted: 7/1/13
Revised: 1/4/17
4000 Administration
ADMINISTRATION
- 1.1 Administrative Personnel……………………………………………….. 4110
ADMINISTRATIVE OPERATIONS
- 2.1 Administrative Organization and Operation……………. 4210
- 2.1.1 Organizational Chart ……………………………………………… 4211
- 2.2 Administrative Authority…………………………………………… 4220
- 2.3 District Committees………………………………………………….. 4230
- 2.4 Evaluation of the Superintendent and Other Administrative Staff …………………….. 4240
CENTRAL OFFICE AND BUILDING ADMINISTRATION
- 3.1 Superintendent of Schools ……………………………………………. 4310
- 3.2 Superintendent-Board of Education Relations…………………………. 4320
COMPENSATION AND RELATED BENEFITS
- 4.1 Professional Development Opportunities ……………………… 4410
- 4.2 Compensation and Related Benefits……………………. 4420
4110 ADMINISTRATIVE PERSONNEL
Administrative and supervisory personnel shall be considered to be those District employees officially designated by Board action as responsible for the administrative and supervisory tasks required to carry out Board policy, programs, decisions, and actions.
These employees shall meet all certification and/or Civil Service requirements as outlined in New York State Civil Service Law, and the Rules and Regulations promulgated by the Commissioner of Education of New York State. The administrative and supervisory staff must be eligible to meet these requirements at the time of employment.
Abolishing an Administrative Position
Existing administrative positions shall not be abolished by the Board without previous written notification of the impending abolition. Such written notification is to be served to the individual currently holding that position. In all cases the individual currently holding the position should receive as much advance notice as possible.
Education Law Sections 1709, 2503(5) and 3013
Adopted: 7/1/13
4210 ADMINISTRATIVE ORGANIZATION AND OPERATION
The basic principles of Administrative Organization and Operation are:
a) The working relationships shall involve two types of officers: line and staff. Line organization involves a direct flow of authority upward and downward from Superintendent to building principal. A line officer has power and authority over subordinates. Staff officers do not stand in the direct line of authority; they serve as coordinators or consultants.
b) The Board shall formulate and legislate educational policy.
c) Administrative regulations shall be developed by the Superintendent in cooperation with affected or interested staff members or lay persons.
d) The Central Office staff shall provide overall leadership and assistance in planning and research.
e) A reasonable limit shall be placed upon the number of persons with whom an administrator shall be expected to work effectively.
f) Areas of responsibility for each individual shall be clearly defined.
g) There shall be full opportunity for complete freedom of communication between all levels in the school staff.
Line Responsibility
All employees of the District shall be under the general direction of the Superintendent. Teachers shall be immediately responsible to the principal of the building in which they work. Other employees shall be immediately responsible to the administrative personnel under whom they work directly.
The lines of responsibility/reporting shall be as depicted on the organizational chart.
Adopted: 7/1/13
OPPENHEIM-EPHRATAH-ST. JOHNSVILLE CENTRAL SCHOOL DISTRICT ORGANIZATIONAL CHART 2016-2017
4211
Adopted: 7/1/13
Revised: 8/7/14; 10/5/16
Board of Education
Guidance
Aides & Teach Assistants
Media Center
Technology
UPK
Adam Heroth, Asst.Prin/AD/Instr.
Tech Specialist Barb Baker
Internal Auditor
Superintendent of Schools
David Slater, Jr/Sr High Principal
Betsy Brown, District Clerk/Admin.
West & Co. Independent Auditors
Girvin & Ferlazzo School Attorney
Custodians
Maintenance Workers
Director of Facilities
William Cooper, Director of Technology
Out of District Liaison
Home School
Jeanine Kawryga, Elementary Principal
Eileen Sammons, Acct. Clerk
Bruce LaQuay, Transportation Dir.
Elementary Facility
Title Grants
School Lunch Program
Tax Collector
Holly Brundage, Typist
Social Studies
Incarcerated Youth
Extra- Curricular
Athletics
Health
Agriculture
Art
Foreign Language
Home/Careers
Math
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4220 ADMINISTRATIVE AUTHORITY
During the Absence of the Superintendent
The Superintendent shall delegate to another administrator the authority and responsibility for making decisions and taking such actions as may be required during the absence of the Superintendent.
In the Absence of Board Policy
From time to time problems and new questions arise for which no specific policy has been prepared. Members of the administrative staff shall act in a manner consistent with the existing policies of the District and shall alert the Superintendent to the possible need for additional policy development.
Adopted: 7/1/13
4230 DISTRICT COMMITTEES
Standing and/or ad hoc committees may be appointed to study and to recommend courses of action in response to department, building or District needs. These committees may be appointed by the Board, the Superintendent or other administrators, with the knowledge of the Superintendent, and in accordance with the range of responsibilities of the appointing body or administrator to whom the committee shall report. The composition of each committee shall reflect its purpose and each committee shall have a clear assignment.
Adopted: 7/1/13
4240 EVALUATION OF THE SUPERINTENDENT AND OTHER ADMINISTRATIVE STAFF
Superintendent
The Board shall conduct annually a formal performance evaluation of the Superintendent. The formal procedures used to complete the evaluation are to be filed in the District Office, and to be made available for review by any individual, no later than September 10 of each year.
The formal performance procedures shall include written criteria, a description of the review procedures, provisions for post-conferencing, and methods used to record results of the evaluation. The Superintendent shall be granted the opportunity to respond to the evaluation in writing.
Evaluation of Administrative Staff
The Board shall direct the Superintendent to conduct an evaluation of all administrative personnel.
The purposes of this evaluation are:
a) To determine the adequacy of administrative staffing;
b) To improve administrative effectiveness;
c) To encourage and promote self-evaluation by administrative personnel;
d) To provide a basis for evaluative judgments by the Superintendent and the Board;
e) To make decisions about continued employment with the District.
8 NYCRR Section 100.2(o)(2)(v)
Adopted: 7/1/13
4310 SUPERINTENDENT OF SCHOOLS
The Superintendent is the chief executive officer of the District. He or she is responsible for carrying out the policy of the Board and for keeping it informed of matters which should be weighed by the Board in reaching decisions. He or she is responsible to the Board in his or her stewardship of the entire School System.
The Superintendent will have the specific powers and duties discussed below and will be directly responsible to the Board for their proper exercise. As chief executive officer of the District, he or she shall:
a) Attend all regular, special, and work meetings of the Board except that the Superintendent may be excluded when his or her employment contract or performance is discussed in executive session.
b) Administer all policies and enforce all rules and regulations of the Board.
c) Review the local school situation and recommend to the Board areas in which new policies seem to be needed.
d) Organize, administer, evaluate, and supervise the programs and personnel of all school departments, instructional and non-instructional.
e) Recommend to the Board the appointment of all instructional and support personnel.
f) Prepare and recommend to the Board of the annual District budget in accordance with the format and development plan specified by the Board.
g) Advise the public about the activities and needs of the schools through his or her written and spoken statements, and shall be responsible for all news releases emanating from the local schools.
h) Create all salary scales and administer the salary plan approved by the Board. Some of these salary scales will be developed within staff contracts negotiated under the provisions of the Taylor Law.
i) Determine the need and make plans for plant expansion and renovation.
j) Recommend for hire, evaluate, promote, and dismiss all professional and non-professional staff personnel.
k) Prepare or supervise the preparation of the teacher’s handbook, staff bulletins, and all other District-wide staff materials.
l) Plan and coordinate the recruitment of teachers and other staff to assure the District of the best available personnel.
m) Plan and conduct a program of supervision of teaching staff that will have as its goal the improvement of instruction, and, at the same time, will assure that only the teachers found to have a high degree of competence will be recommended for tenure.
n) Distinguish for all concerned between the areas of policy decisions appropriate to the Board and management decisions appropriate to the District’s administrative personnel.
o) Transfer personnel when necessary and/or desirable to promote optimal effectiveness. Any such personnel transfers shall be made in accordance with appropriate guidelines established by state laws, District policies and negotiated contracts.
p) Submit data from the School Report Card and/or other such reports of student/District performance as prescribed by and in accordance with requirements of the Commissioner of Education.
Education Law Sections 1711, 2508 and 3003
8 NYCRR Section 100.2(m)
Adopted: 7/1/13
Revised: 8/7/14
4320 SUPERINTENDENT – BOARD OF EDUCATION RELATIONS
The Board is accountable for all pursuits, achievements and duties of the District. The Board’s specific role is to deliberate and to establish policies for the District. The Board delegates the necessary authority to the Superintendent who, acting as chief executive officer, is held accountable to the Board for compliance with its policies.
a) With respect to District goals and objectives, the Board will establish broad guidelines to be observed in the development of further policy and action. The Board reserves the right to issue either restrictive or general policy statements.
b) Generally, the Superintendent will be empowered to assign and use resources; employ, promote, discipline and deploy staff; to translate policies of the Board into action; to speak as agent of the Board; to organize and delegate administrative responsibilities; and to exercise such other powers as are customary for chief executives.
c) The Superintendent may not perform, cause, or allow to be performed any act that is unlawful, in violation of commonly accepted business and professional ethics; in violation of any contract into which the Board has entered; or, in violation of policies adopted by the Board that limit the Superintendent’s authority.
d) Should the Superintendent or designee consider it unwise or impractical to comply with an explicit Board policy, the Superintendent will inform the Board of that determination. The Board will decide whether such judgment was warranted.
Education Law Sections 1711, 2503 and 2508
Adopted: 7/1/13
4410 PROFESSIONAL DEVELOPMENT OPPORTUNITIES
The Board shall encourage administrators to keep informed of current educational theory and practice by study, by visiting other school systems, by attendance at educational conferences, and by such other means as are appropriate.
The approval of the Superintendent shall be required for any conference attendance or visitations requested by administrators.
Participation shall be limited by available resources and reimbursement guidelines.
General Municipal Law Sections 77-b and 77-c
Adopted: 7/1/13
4420 COMPENSATION AND RELATED BENEFITS
The salaries and related benefits of administrators shall be set annually by the Board upon the recommendation of the Superintendent and/or shall be in accordance with the terms and conditions of the applicable collective bargaining agreement/contract currently in effect.
Education Law Sections 1711 and 2507
Adopted: 7/1/13
5000 Non-Instructional/Business Operations
BUDGET
- 1.1 Budget Planning and Development ………………. 5110
- 1.2 School District Budget Hearing ………………………….. 5120
- 1.3 Budget Adoption ………………………………… 5130
- 1.4 Administration of the Budget……………………………….. 5140
- 1.5 Contingency Budget …………………………………………… 5150
INCOME
- 2.1 Revenues ……………………………………………………………. 5210
- 2.2 District Investments……………………………………………….. 5220
- 2.2.1 Operation and Reporting of District Investments…………….. 5221
- 2.3 Acceptance of Gifts, Grants and Bequests to the School District ………………………. 5230
- 2.4 School Tax Assessment and Collection/Property Tax Exemptions ……………………. 5240
- 2.5 Sale and Disposal of School District Property…………………. 5250
EXPENDITURES
- 3.1 Bonding of Employees and School Board Members ………………. 5310
- 3.2 Expenditures of School District Funds …………………… 5320
- 3.2.1 Use of the District Credit Card ……………………………….. 5321
- 3.2.2 Use of the District Cell Phone ……………………… 5322
- 3.2.3 Reimbursement for Meals/Refreshments …………………… 5323
- 3.3 Budget Transfers …………………………………………… 5330
PURCHASING
- 4.1 Purchasing: Competitive Bidding and Offering…………………. 5410
- 4.1.1 Procurement of Goods and Services …………………………….. 5411
- 4.1.2 Alternative Formats for Instructional Materials ………. 5412
FISCAL ACCOUNTING AND REPORTING
- 5.1 Accounting of Funds ……………………………………………. 5510
- 5.1.1 Maintenance of Funds Balance………………………………. 5511
- 5.1.2 Reserve Funds………………………………………………………. 5512
- 5.2 Extraclassroom Activity Fund………………………………………… 5520
- 5.3 Petty Cash Funds and Cash in School Buildings ………………… 5530
- 5.4 Publication of District’s Annual Financial Statement………………. 5540
- 5.5 Maintenance of Fiscal Effort (Title I Programs)…………………… 5550
- 5.6 Use of Federal Funds for Political Expenditures ………………. 5560
- 5.7 Financial Accountability………………………………………….. 5570
- 5.7.1 Allegations of Fraud……………………………………….. 5571
- 5.7.2 Audit Committee…………………………………………………… 5572
- 5.7.3 Internal Audit Function ……………………………………………. 5573
- 5.7.4 Medicaid Compliance Program Policy …………………… 5574
NON-INSTRUCTIONAL OPERATIONS
- 6.1 Insurance ………………………………………………………………. 5610
- 6.2 Fixed Asset Inventories, Accounting, and Tracking ………………. 5620
- 6.2.1 Use of Electrical Appliances/Equipment in the Classroom………. 5621
- 6.3 Facilities: Inspection, Operation and Maintenance ………………….. 5630
- 6.3.1 Hazardous Waste and Handling of Toxic Substances by Employees……….. 5631
- 6.3.2 Pest Management and Pesticide Use…………………………….. 5632
- 6.4 Smoking/Tobacco Use………………………………………………. 5640
- 6.5 Energy Conservation and Recycling in the Schools………………….. 5650
- 6.6 School Food Service Program (Lunch and Breakfast) …………….. 5660
- 6.6.1 Wellness …………………………………………………. 5661
- 6.7 Records Management …………………………………… 5670
- 6.7.1 Disposal of Consumer Report Information and Records ….. 5671
- 6.7.2 Information Security Breach and Notification …………………. 5672
- 6.7.3 Employee Personal Identifying Information ……………….. 5673
- 6.7.4 Data Networks and Security Access ………………….. 5674
- 6.7.5 Student Grading Information Systems……………………. 5675
- 6.8 Safety and Security…………………………………………………….. 5680
- 6.8.1 School Safety Plans………………………………………………………………………… 5681
- 6.8.2 Cardiac Automated External Defibrillators (AEDs) in Public
School Facilities…………………………………………………………………………….. 5682 - 6.8.3 Fire and Emergency Drills, Bomb Threats and Bus Emergency Drills …….. 5683
- 6.8.4 Use of Surveillance Cameras in the District and on School Buses ………….. 5684
- 6.9 Exposure Control Program …………………………………….. 5690
- 6.9.1 Communicable Diseases …………………………………… 5691
- 6.9.2 Human Immunodeficiency Virus (HIV) Related Illnesses …….. 5692
TRANSPORTATION
- 7.1 Transportation Program…………………………………….. 5710
- 7.2 Transportation of Students……………………………………………… 5720
- 7.3 School Bus Safety Program ……………………………… 5730
- 7.3.1 Idling School Buses on School Grounds………………….. 5731
- 7.4 Qualifications of Bus Drivers……………………………………. 5740
- 7.4.1 Drug and Alcohol Testing for School Bus Drivers and Other
Safety-Sensitive Employees …………………………………………………………….. 5741
5110 BUDGET PLANNING AND DEVELOPMENT
Budget planning and development for the District will be an integral part of program planning so that the annual operating budget may effectively express and implement programs and activities of the School System. Budget planning will be a year-round process involving participation of District-level administrators, principals, Directors, Coordinators, teachers, and other personnel. The process of budget planning and development should allow for community input and contain numerous opportunities for public information and feedback.
The Superintendent will have overall responsibility for budget preparation, including the construction of and adherence to a budget calendar. Program managers will develop and submit budget requests for their particular areas of responsibility after seeking the advice and suggestions of staff members.
Principals will develop and submit budget requests for their particular schools in conjunction with the advice and suggestions of staff members and their own professional judgment. Each school’s budget request will be the principal’s recommendation as to the most effective way to use available resources in achieving progress toward the approved educational objectives of the school. Program budgets and school budgets will reflect state and/or federal requirements, special sources of funding, and District objectives and priorities.
The Board will give consideration to budget requests, and will review allocations for appropriateness and for their consistency with the School System’s educational priorities.
All budget documents for distribution to the public shall be in plain language and organized in a manner which best promotes public comprehension of the contents. Documents shall be complete and accurate and contain sufficient detail to adequately inform the public regarding such data as estimated revenues, proposed expenditures, transfers to other funds, fund balance information, and changes in such information from the prior year’s submitted budget.
In accordance with Commissioner’s regulations, the budget will be presented in three components which are to be voted upon as one proposition. The law prescribes the types of items to be included in each component and further prescribes that all relevant costs be included in the component.
a) A program component which shall include, but need not be limited to, all program expenditures of the District, including the salaries and benefits of teachers and any school administrators or supervisors who spend a majority of their time performing teaching duties, and all transportation operating expenses;
b) A capital component which shall include, but need not be limited to, all transportation capital, debt service, and lease expenditures; costs resulting from judgments and tax certiorari proceedings or the payment of awards from court judgments, administrative orders or settled or compromised claims; and all facilities costs of the District, including facilities lease expenditures, the annual debt service and total debt for all facilities financed by bonds and notes of the District, and the costs of construction, acquisition, reconstruction, rehabilitation or improvement of school buildings, provided that such budget shall include a rental, operations and maintenance section that includes base rent costs, total rent costs, operation and maintenance charges, cost per square foot for each facility leased by the District, and any and all expenditures associated with custodial salaries and benefits, service contracts, supplies, utilities, and maintenance and repairs of school facilities; and
c) An administrative component which shall include, but need not be limited to, office and central administrative expenses, traveling expenses and total compensation (salary and benefits) for all school administrators and supervisors, business administrators, school superintendents and deputy superintendents, assistant, associate or other superintendents under all existing contracts or collective bargaining agreements, any and all expenditures associated with the operation of the Office of the Board, the Office of the Superintendent, General Administration, the School Business Office, consulting costs not directly related to direct student services and programs, planning and all other administrative activities.
Additionally, the Board shall append to the proposed budget the following documents:
a) A detailed statement of the total compensation to be paid to the Superintendent, and any Assistant or Associate Superintendent in the ensuing school year, including a delineation of the salary, annualized cost of benefits and any in-kind or other form of remuneration;
b) A list of all other school administrators and supervisors, if any, whose annual salary for the coming school year will be at or above that designated in law for such reporting purposes, with the title of their positions and annual salary identified;
c) A School District Report Card, prepared in accordance with Commissioner’s regulations, which includes measures of the academic performance of the District, on a school by school basis, and measures of the fiscal performance of the District (See subheading School District Report Card);
d) A Property Tax Report Card prepared in accordance with law and Commissioner’s regulations (see subheading Property Tax Report Card); and
e) A Tax Exemption Report prepared in accordance with law (see subheading Tax Exemption Report).
The Board shall ensure that unexpended surplus funds (i.e., operating funds in excess of the current school year budget, not including funds properly retained under other sections of law) have been applied in determining the amount of the school tax levy. Surplus funds shall mean any operating funds in excess of four percent.
The proposed budget for the ensuing school year shall be reviewed by the Board and publicly disseminated, in accordance with law, prior to its submission to District voters for approval.
District funds may be expended to inform the public regarding the annual budget and to present the annual budget to District voters; however, such funds shall not be utilized to promote either a favorable or negative opinion of the proposed budget.
School District Report Card
Each year the District shall supply data as required by the SED and will receive a School District Report Card, sometimes referred to as a New York State Report Card. The Report Cards provide enrollment, demographic, attendance, suspension, dropout, teacher, assessment, accountability, graduation rate, post-graduation plan, career and technical education, and fiscal data for public and charter schools, districts and the State. The Report Cards are generated from the supplied data and are in a format dictated by SED. The School District Report Cards consist of three parts:
a) Accountability and Overview Report – shows District/school profile data, accountability statuses, data on accountability measures such as ELA, Math, and Science scores, and graduation rates.
b) Comprehensive Information Report – shows non-accountability data such as annual Regents examination results and post-graduate plans of students completing high school.
c) Fiscal Accountability Supplement – shows expenditures per pupil and some information about placement and classification of students with disabilities.
School District Report Cards are also available online at the SED website.
Property Tax Report Card
Each year, the Board shall prepare a Property Tax Report Card, in accordance with Commissioner’s regulations, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required by law, making it available for distribution at the Annual Meeting, and otherwise disseminating it as required by the Commissioner.
The Property Tax Report Card shall include:
a) The amount of total spending and total estimated school tax levy that would result from adoption of the proposed budget, and the percentage increase or decrease in total spending and total school tax levy from the District budget for the preceding school year; and
b) The projected enrollment growth for the school year for which the budget is prepared, and the percentage change in enrollment from the previous year; and
c) The percentage increase in the average of the Consumer Price Indexes from January first of the prior school year to January first of the current school year as defined in Education Law; and
d) The projected amount of the adjusted unrestricted fund balance that will be retained if the proposed budget is adopted; the projected amount of the adjusted restricted fund balance; the projected amount of the assigned appropriated fund balance; the percentage of the proposed budget that the adjusted unrestricted fund balance represents; the actual adjusted unrestricted fund balance retained in the District budget for the preceding school year; and the percentage of the District budget for the preceding school year that the actual adjusted unrestricted fund balance represents; and
e) The District’s school tax levy limit calculation. The District will submit its school tax levy limit calculation to the Office of the State Comptroller, SED and the Office of Taxation and Finance by March 1 annually. If a voter override of the tax levy limit is necessary, the budget vote must be approved by 60% of the District’s qualified voters present and voting.
A copy of the Property Tax Report Card prepared for the Annual District Meeting shall be submitted to the State Education Department in the manner prescribed by the Department by the end of the business day next following approval of the Property Tax Report Card by the Board, but no later than 24 days prior to the statewide uniform voting day (i.e., the third Tuesday in May).
The State Education Department shall compile such data for all school districts whose budgets are subject to a vote of the qualified voters, and shall make such compilation available electronically at least ten days prior to the statewide uniform voting day. Links to each school year’s Property Tax Report Card can be found at:
http://www.p12.nysed.gov/mgtserv/propertytax/
Tax Exemption Report
A Tax Exemption Report shall be annexed to any tentative or preliminary budget and shall become part of the final budget. This report shall be on the form as prescribed by the State Board of Real Property Services and shall show the following:
a) How much of the total assessed value of the final assessment roll(s) used in the budgetary process is exempt from taxation;
b) Every type of exemption granted as identified by statutory authority;
c) The cumulative impact of each type of exemption expressed either as a dollar amount of assessed value or as a percentage of the total assessed value on the roll;
d) The cumulative amount expected to be received from recipients of each type of exemption as payments in lieu of taxes or other payments for municipal services; however, individual recipients are not to be named; and
e) The cumulative impact of all exemptions granted.
Notice of this report shall be included in any notice of the preparation of the budget required by law and shall be posted on any bulletin board maintained by the District for public notices as well as on any Website maintained by the District.
Education Law Sections 1608(3)-(7), 1716(3)-(7), 2022(2-a), 2023-a, 2601-a(3) and 2601-a(7)
General Municipal Law Section 36
Real Property Tax Law Sections 495 and 1318(l)
8 NYCRR Sections 170.8, 170.9 and 170.11
State Education Department Handbook No. 3 on Budget
Adopted: 7/1/13
Revised: 8/7/14
5120 SCHOOL DISTRICT BUDGET HEARING
The Board will hold an Annual Budget Hearing, in accordance with law, so as to inform and present to District residents a detailed written statement regarding the District’s estimated expenditures and revenue for the upcoming school year prior to the budget vote which is taken at the Annual District Meeting and Election.
The Budget Hearing will be held not less than seven nor more than 14 days prior to the Annual District Meeting and Election or Special District Meeting at which the budget vote will occur. The proposed budget will be completed at least seven days prior to the budget hearing at which it is to be presented.
Notice of the date, time and place of the annual budget hearing will be included in the notice of the Annual Meeting and Election and/or Special District Meeting as required by law.
All District budgets which are submitted for voter approval shall be presented in three components: a program component, an administrative component, and a capital component; and each component will be separately delineated in accordance with law and/or regulation.
The Board will also prepare and append to copies of the proposed budget a School District Report Card, in accordance with the Regulations of the Commissioner of Education, referencing measures of academic and fiscal performance. Additionally, the Board shall also append to copies of the proposed budget a detailed statement of the total compensation to be paid to various administrators as enumerated in law and/or regulation, and a Property Tax Report Card prepared in accordance with law and Commissioner’s regulations.
All budget documents for distribution to the public will be written in plain language and organized in a manner which best promotes public comprehension of the contents. New York School District Report Cards and Property Tax Report Cards are also available online from the State Education Department.
Dissemination of Budget Information
Copies of the proposed annual operating budget for the succeeding year and all required attachments may be obtained by any District resident. Requests for copies of the proposed budget should be made at least seven days before the budget hearing. Copies shall be prepared and made available at the District Office, public or associate libraries within the District and on the District website, if one exists. Copies will be available to District residents during the 14 day period immediately preceding the Annual Meeting and Election or Special District Meeting at which the budget vote will occur. Additionally, the Board will include notice of the availability of copies of the budget at least once during the school year in any District-wide mailing.
Budget Notice
The District Clerk shall mail a School Budget Notice to all qualified voters of the District after the date of the Budget Hearing, but no later than six days prior to the Annual Meeting and Election or Special District Meeting at which a school budget vote will occur. The School Budget Notice shall compare the percentage increase or decrease in total spending under the proposed budget over total spending under the District budget adopted for the current school year, with the percentage increase or decrease in the Consumer Price Index from January first of the prior school year to January first of the current school year.
Beginning with the budget notice for the 2012-2013 proposed budget, the District will also include in the notice:
a) The school tax levy limit;
b) The proposed school year tax levy (without permissible exclusions to the school tax levy limit);
c) The total permissible exclusions; and
d) The proposed school year tax levy (including permissible exclusions to the school tax levy limit).
The Notice shall also include, in a manner and format prescribed by the Commissioner of Education, a comparison of the tax savings under the basic school tax relief (STAR) exemption and the increase or decrease in school taxes from the prior year, and the resulting net taxpayer savings for a hypothetical home within the District with a full value of $100,000 under the existing District budget as compared with such savings under the proposed budget.
The Notice shall also set forth the date, time and place of the school budget vote in the same manner as in the Notice of the Annual Meeting. The School Budget Notice shall be in a form prescribed by the Commissioner of Education.
Notice of Budget Hearing/Availability of Budget Statement:
Education Law Sections 1608(2), 1716(2), 2003(1), 2004(1), 2023-a and 2601-a(2)
Election and Budget Vote:
Education Law Sections 1804(4), 1906(1), 2002(1), 2017(5), 2017(6), 2022(1), 2023-a and 2601-a(2)
Budget Development and Attachments:
Education Law Sections 1608(3), 1608(4), 1608(5), 1608(6), 1608(7), 1716(3), 1716(4), 1716(5), 1716(6),
1716(7), 2022(2-a), 2023-a and 2601-a(3)
8 NYCRR Sections 100.2(bb), 170.8 and 170.9
Adopted: 7/1/13
Revised: 8/7/14
5130 BUDGET ADOPTION
The Board shall review the recommended budget of the Superintendent and shall seek public input and feedback regarding the recommended budget including, but not limited to, holding a public budget hearing not less than seven nor more than 14 days prior to the Annual District Meeting and Election at which the budget vote is to occur. The Board may modify the recommended budget of the Superintendent prior to its submission to District voters. Final authorization of the proposed budget is dependent upon voter approval unless a contingency budget is adopted by the Board.
In the event the original proposed budget is not approved at the Annual District Meeting and Election, the Board may resubmit the original proposed budget or a revised budget for voter approval, or individual propositions may be placed before District voters, at a special meeting held on the third Tuesday of June. If the voters fail to approve the second budget submittal, or budget proposition(s), or if the Board elects not to put the proposed budget to a public vote a second time, the Board must adopt a contingency budget with a tax levy that is no greater than the prior year’s levy.
The District budget for any school year, or any part of such budget, or any proposition(s) involving the expenditure of money for that school year, shall not be submitted for a vote of the qualified District voters more than twice.
The District budget, once adopted, becomes the basis for establishing the tax levy on real property within the District.
Education Law Sections 1608, 1716, 1804(4), 1906(1), 2002(1), 2003(1), 2004(1), 2007(3)(b), 2022, 2023,
2023-a and 2601-a
8 NYCRR Sections 100.2(bb), 170.8 and 170.9
Adopted: 7/1/13
Revised: 8/7/14
5140 ADMINISTRATION OF THE BUDGET
The Superintendent, working in conjunction with the administrative staff, is responsible to the Board for the administration of the budget.
a) He or she shall acquaint District employees with the final provisions of the program budget and guide them in planning to operate efficiently and economically within these provisions.
b) Under his or her direction the District shall maintain such records of accounting control as are required by the New York State Uniform System of Accounts for School Districts, the Board, and such other procedures as are deemed necessary and shall keep the various operational units informed through periodic reports as to the status of their individual budgets.
c) Board approval is required prior to the expenditure of District funds.
Adopted: 7/1/13
5150 CONTINGENCY BUDGET
The District budget for any school year or any part of such budget, or any proposition involving the expenditure of money for such school year, shall not be submitted for a vote of the qualified voters of the District more than twice in any school year.
If the original proposed budget is not approved by District voters at the Annual District Meeting and Election, the Board has the option of either resubmitting the original or revised budget for voter approval at a special meeting held at a later date; or the Board may, at that point, adopt a contingency budget. If the Board decides to submit either the original or a revised budget to the voters for a second time, and the voters do not approve the second budget submittal, the Board must adopt a contingency budget and the tax levy cannot exceed the total tax levy of the prior year (0% levy growth).
The administrative component of the contingency budget shall not comprise a greater percentage of the contingency budget exclusive of the capital component than the lesser of:
a) The percentage the administrative component had comprised in the prior year budget exclusive of the capital component; or
b) The percentage the administrative component had comprised in the last proposed defeated budget exclusive of the capital component.
Education Law Sections 2002, 2023, 2023-a, 2024 and 2601-a
Adopted: 7/1/13
Revised: 8/7/14
5210 REVENUES
The District Treasurer will have custody of all District funds in accordance with the provisions of State law. The Treasurer will be authorized and directed by the Board to invest the balances available in various District funds in accordance with regulations set forth in state law.
Education Law Sections 1604(a) and 1723(a)
Adopted: 7/1/13
5220 DISTRICT INVESTMENTS
Whenever the District has funds (including operating funds, reserve funds and proceeds of obligations) that exceed those necessary to meet current expenses, the Board will authorize the Treasurer to invest such funds in accordance with all applicable laws and regulations and in conformity with the guidelines established by this policy.
Objectives
The objectives of this investment policy are four-fold:
a) Investments will be made in a manner so as to safeguard the funds of the District.
b) Bank deposits will be made in a manner so as to safeguard the funds of the District.
c) Investments will be sufficiently liquid so as to allow funds to be available as needed to meet the obligations of the District.
d) Funds will be invested in such a way as to earn the maximum yield possible given the first three investment objectives.
Authorization
The authority to deposit and invest funds is delegated to the Treasurer. These functions will be performed in accordance with the applicable sections of the General Municipal Law and the Local Finance Law of the State of New York.
The Treasurer may invest funds in the following eligible investments:
a) Obligations of the State of New York.
b) Obligations of the United States Government, or any obligations for which principal and interest are fully guaranteed by the United States Government.
c) Time Deposit Accounts placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law. (Banking Law Section 237(2) prohibits a savings bank from accepting a deposit from a local government. This also applies to savings and loan associations.)
d) Transaction accounts (demand deposits) both interest bearing and non-interest bearing that do not require notice of withdrawal placed in a commercial bank authorized to do business in the State of New York, providing the account is collateralized as required by law.
e) Certificates of Deposits placed in a commercial bank authorized to do business in the State of New York providing the Certificates are collateralized as required by law.
1. Deposits in excess of the amount insured by the Federal Deposit Insurance Corporation will be secured in accordance with subdivision 3 of the General Municipal Law Section 10.
2. The District may, in its discretion, authorize the bank designated for the deposit of District funds to arrange for the redeposit of such funds in one or more banking institutions, for the account of the District, through a deposit placement that meets the conditions set forth in General Municipal Law Section 10(2)(a)(ii).
f) Securities purchased in accordance with a Repurchase Agreement whereby one party purchases securities from a second party and the second party agrees to repurchase those same securities on a specific future date at an agreed rate of return (the interest rate).
Implementation
Using the policy as a framework, regulations and procedures shall be developed which reflect:
a) A list of authorized investments;
b) Procedures including a signed agreement to ensure the District’s financial interest in investments;
c) Standards for written agreements consistent with legal requirements;
d) Procedures for the monitoring, control, deposit and retention of investments and collateral which shall be done at least once a month;
e) Standards for security agreements and custodial agreements consistent with legal requirements;
f) Standards for diversification of investments including diversification as to type of investments, and firms and banks with whom the District transacts business; and
g) Standards for qualification of investment agents which transact business with the District including, at minimum, the Annual Report of the Trading Partner.
This policy will be reviewed and re-adopted at least annually or whenever new investment legislation becomes law, as staff capabilities change, or whenever external or internal issues warrant modification.
Education Law §§ 1604-a, 1723(a), 2503(1) and 3652
General Municipal Law §§ 10 and 39
Local Finance Law § 165
Adopted: 7/1/13
Revised: 1/4/17
5221 OPERATION AND REPORTING OF DISTRICT INVESTMENTS
The Superintendent shall designate the Board Clerk to prepare an annual report by August 20 of all TIME investments excluding NOW and like accounts which shall be for the past fiscal year. The report shall include the following information with respect to each of the investments:
a) The trading partner;
b) The type of investment;
c) The investment date;
d) The maturity date;
e) The interest rate;
f) The total interest earned on the investment.
The treasurer shall submit a copy of the ledger of collateral for each investing bank or trust company with the annual investment report.
Adopted: 7/1/13
5230 ACCEPTANCE OF GIFTS, GRANTS AND BEQUESTS TO THE SCHOOL DISTRICT
The Board may accept gifts, grants and/or bequests of money, real or personal property, as well as other merchandise which, in view of the Board, add to the overall welfare of the District, provided that such acceptance is in accordance with existing laws and regulations. However, the Board is not required to accept any gift, grant or bequest and does so at its discretion, basing its judgment on the best interests of the District. Furthermore, the Board will not accept any gift, grant or bequest which constitutes a conflict of interest and/or gives an appearance of impropriety.
At the same time, the Board will safeguard the District, the staff and students from commercial exploitation, from special interest groups, and the like.
The Board will not accept any gifts or grants which will place encumbrances on future Boards, or result in unreasonable additional or hidden costs to the District.
The Board will not formally consider the acceptance of gifts or grants until and unless it receives the offer in writing from the donor/grantor. Any such gifts or grants donated to the Board and accepted on behalf of the District must be by official action and resolution passed by Board majority. The Board would prefer the gift or grant to be a general offer rather than a specific one. Consequently, the Board would suggest that the donor/grantor work first with the school administrators in determining the nature of the gift or grant prior to formal consideration for acceptance by the Board. However, the Board, in its discretion, may direct the Superintendent to apply such gift or grant for the benefit of a specific school or school program.
The Board is prohibited, in accordance with the New York State Constitution, from making gifts/charitable contributions with District funds.
Gifts and/or grants of money to the District shall be annually accounted for under the trust and agency account in the bank designated by the Board.
All gifts, grants and/or bequests shall become District property. A letter of appreciation, signed by the President of the Board and the Superintendent, may be sent to a donor/grantor in recognition of his or her contribution to the District.
Gift Giving
The Board recognizes that gift giving, especially during the holiday season, may be a common practice for many District employees. While the giving or exchanging of gifts may be acceptable among staff members, the Board strongly encourages District employees and students to show appreciation through written notes or greeting cards.
Additionally, all business contacts will be informed that gifts exceeding $75 to District employees will be returned or donated to charity.
New York State Constitution Article 8, Section 1
Education Law Sections 1709(12), 1709(12-a) and 1718(2)
General Municipal Law Section 805-a(1)
Adopted: 7/1/13
5240 SCHOOL TAX ASSESSMENT AND COLLECTION/PROPERTY TAX EXEMPTIONS
A tax collection plan giving dates of warrant and other pertinent data will be prepared annually and submitted for review and consideration by the School Business Official to the Board. Tax collection will occur by mail or by direct payment to the place designated by the Board.
Senior Citizens
Unless specifically exempted by law, real property used exclusively for residential purposes and owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife or by siblings, one of whom is 65 years of age or over, will be exempt from taxation to the extent of percentum of the assessed valuation determined by the Board if the owners meet the criteria established annually by the Board.
The real property tax exemption of real property owned by husband and wife, when one of them is 65 years of age or over, once granted, will not be rescinded solely because of the death of the older spouse so long as the surviving spouse is at least 62 years of age.
Education Law Section 2130
Public Health Law Section 2801
Real Property Tax Law Sections 459-c, 466-c, 466-f, 466-g, 466-i, 467, 1300-1342
Adopted: 7/1/13
Revised: 1/4/17
5250 SALE AND DISPOSAL OF SCHOOL DISTRICT PROPERTY
Sale of School Property
No school property shall be sold without prior approval of the Board. However, the responsibility for such sales may be delegated. The net proceeds from the sale of school property shall be deposited in the General Fund.
Disposal of District Personal Property – Equipment
District equipment that is obsolete, surplus, or unusable by the District shall be disposed of in such a manner that is advantageous to the District.
The Superintendent will be responsible for selling the equipment in such a way so as to maximize the net proceeds of sale which may include a bona fide public sale preceded by adequate public notice. If it is determined that reasonable attempts to dispose of the equipment have been made and such attempts have not produced an adequate return, the Superintendent or designee may dispose of the equipment in any manner which he or she deems appropriate.
Textbooks
Textbooks may lose their value to the educational program because of changes in the curriculum or they contain outdated material and/or are in poor condition.
If textbooks are no longer useful or usable, the procedures for disposal shall adhere to the following order of preference:
a) Sale of textbooks. If reasonable attempts to dispose of surplus textbooks fail to produce monetary return to the District; then
b) Donation to charitable organizations; or
c) Disposal as trash.
Education Law Sections 1604(4), 1604(30), 1604(36), 1709(9), 1709(11), 2503, 2511 and 2512
General Municipal Law Sections 51 and 800 et seq.
Adopted: 7/1/13
5310 BONDING OF EMPLOYEES AND SCHOOL BOARD MEMBERS
In accordance with New York State Education Law and the Commissioner’s regulations, the Board directs that the Treasurer of the Board, the Tax Collector and the Claims Auditor be bonded prior to assuming their duties. Such bonds shall be in the amounts as determined and approved by the Board.
Other school personnel and members of the Board authorized or required to handle District revenues may be covered by a blanket undertaking provided by the District in such amounts as approved by the Board based upon the recommendations of the Superintendent or designee.
Education Law Sections 1709(20-a), 1720, 2130(5), 2526 and 2527
Public Officers Law Section 11(2)
8 NYCRR Section 170.2(d)
Adopted: 7/1/13
5320 EXPENDITURES OF SCHOOL DISTRICT FUNDS
The Board authorizes the Purchasing Agent to expend school funds as appropriated by approved operational and capital budgets, and by the adoption of special resolutions. He or she will make expenditures in accordance with applicable law and in a manner that will achieve the maximum benefit from each dollar expended.
All claims shall be properly audited before payment by the Claims Auditor who shall attest to the existence of evidence of indebtedness to support the claim.
Complete records of all expenditures shall be maintained for future analysis and reporting within the time frame required by the Records Disposition Law or regulation.
Arts and Cultural Affairs Law Section 57.19
Education Law Sections 1720 and 2523
8 NYCRR Section 185
NOTE: Refer also to Policies #5321 — Use of the District Credit Card
#5322 — Use of the District Cell Phone
#5323 — Reimbursement for Meals/Refreshments
#6161 — Conference/Travel Expense Reimbursement
Adopted: 7/1/13
5321 USE OF THE DISTRICT CREDIT CARD
The District will issue a credit card or cards in its name to the Purchasing Agent for the use of its officers and designated employees for authorized expenses. However, authorized personnel must submit purchase orders for those related expenses, prior to the use of the credit card.
This credit card will only be for those purchases of goods and services that require a credit card and do not accept other payment methods. Any other reason for credit card use must be approved by the Director of Finance, prior to use.
Expenses incurred on each credit card shall be paid in such a manner as to avoid interest charges.
The credit cards shall be locked in a secure place in the Purchasing Office.
Any individual who makes an unauthorized purchase with a District credit card shall be required to reimburse the District for the purchase.
Adopted: 7/1/13
5322 USE OF THE DISTRICT CELL PHONE
District-Owned Cell Phones That Are Assigned to Individual Employees
A District-owned cell phone will be issued to a District employee when required by that employee’s job duties and as determined by the Superintendent or designee.
Additionally, the following rules shall apply regarding the use of a District-owned cell phone:
a) An annual amount will be deducted from the paycheck of each employee who is issued a District-owned cell phone. This amount will be divided equally over 26 paychecks. This deduction covers the use of this cell phone for personal phone calls made by the employee.
b) The cell phone may not be used by anyone other than the District employee.
Adopted: 7/1/13
5323 REIMBURSEMENT FOR MEALS/REFRESHMENTS
Travel Outside of District/Emergency Meetings
District officials and employees are entitled to reimbursement for necessary expenses incurred in the performance of their official duties. However, it is the position of the New York State Comptroller’s Office that meals of public officers and employees generally should not be reimbursed or paid by the District unless the officer or employee is traveling outside his or her regular work area on official business for an extended period of time, or where events prevent them from taking off during mealtime for food consumption because of a pressing need to complete business. All requests for reimbursement must document who attended the meetings and how the meetings fit these conditions.
Staff/Board Meetings and District Events
The Board recognizes that at certain times it may be appropriate to provide meals and/or refreshments at District meetings and/or events which are being held for an educational purpose. Prior approval of the Superintendent or designee must be obtained for food and beverages provided at meetings or activities which will be charged to the District.
Any such expenditures must be appropriately documented with an itemized receipt and information showing the date and purpose of the meeting, food served, who attended the meetings and why the attendees needed food and/or refreshments to conduct District business. These requirements must be met for meals/refreshments provided by the school lunch fund or local vendors, charged to District credit cards and/or reimbursed to a District official.
In no case will the costs for meals exceed the current Federal per diem meal rates for the geographic area.
NOTE: Refer also to Policy #6161 — Conference/Travel Expense Reimbursement
Adopted: 7/1/13
5330 BUDGET TRANSFERS
Within monetary limits as established by the Board, the Superintendent is authorized to transfer funds within the budget. Whenever changes are made, they are to be incorporated in the next Board agenda for information only.
Education Law Section 1718
8 NYCRR Section 170.2(l)
Adopted: 7/1/13
5410 PURCHASING: COMPETITIVE BIDDING AND OFFERING
Except as otherwise provided by law, all contracts for public work involving an expenditure of more than $35,000 and all purchase contracts involving an expenditure of more than $20,000 will be awarded by the District to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. However, the District may, in its discretion, award purchase contracts on the basis of “best value” to a responsive and responsible bidder or offerer, provided the Board has authorized this action by rule, regulation, or resolution adopted at a public meeting.
No bid or offer will be accepted that does not conform to specifications furnished unless those specifications are waived by Board action. The District may, in its discretion, reject all bids or offers and readvertise for new bids or offers in a manner consistent with New York State law.
All contracts requiring public advertising and competitive bidding or offering will be awarded by resolution of the Board.
Except as authorized by law, no Board member or employee of the District will have an interest in any contract entered into by the District.
Standardization
Upon the adoption of a standardization resolution by a vote of at least 3/5 of all Board members, purchase contracts for a particular type or kind of equipment, materials, or supplies of more than $20,000 may be awarded by the Board to the lowest responsible bidder or offerer furnishing the required security after advertisement for sealed bids in the manner provided in law. This resolution must state that, for reasons of efficiency or economy, there is a need for standardization and must contain a full explanation of those reasons. Upon the adoption of a valid standardization resolution, the District may provide in its specifications for a particular make or brand to the exclusion of others.
“Piggybacking” Exception to Competitive Bidding
The District may, in its discretion, purchase certain goods and services (apparatus, materials, equipment, and supplies) at costs beyond the above-referenced thresholds through the use of contracts let by the United States or any agency thereof, any state, and any county, political subdivision, or district of any state.
This method of procurement is permitted on contracts issued by other governmental entities, provided that the original contract:
a) Has been let by the United States or any agency thereof, any state (including New York State) or any other political subdivision or district;
b) Was made available for use by other governmental entities and agreeable with the contract holder; and
c) Was let in a manner that constitutes competitive bidding consistent with New York State law, or was awarded on the basis of best value, and is not in conflict with other New York State laws.
Annual Review
Comments concerning the District’s bidding and purchasing policies and procedures will be solicited from those District employees involved in the procurement process from time to time.
The Board will annually review its bidding and purchasing policies and procedures. The School Business Official will be responsible for conducting an annual review of such policies and for an evaluation of the internal control structure established to ensure compliance with the procurement policy.
General Municipal Law Articles 5-A and 18
State Finance Law §§ 162, 163, and 163-b
NOTE: Refer also to Policies #5411 — Procurement of Goods and Services
#5412 — Alternative Formats for Instructional Materials
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
5411 PROCUREMENT OF GOODS AND SERVICES
Purchasing Authority
The District’s purchasing activities will be part of the responsibilities of the Business Office, under the general supervision of the Purchasing Agent designated by the Board. The Purchasing Agent is authorized to enter into cooperative bidding and cooperative purchasing arrangements to meet the various needs of the District. No contracts for goods and services will be made by individuals or organizations in the school that involve expenditures without first securing approval for such contract from the Purchasing Agent.
Except as authorized by law, no Board member or employee of the District will have an interest in any contract entered into by the District.
Purchasing Process
The Board recognizes its responsibility to ensure the development of procedures for the procurement of goods and services not required by law to be made in accordance with competitive bidding requirements. These goods and services will be procured in a manner so as to:
a) Assure the prudent and economical use of public moneys in the best interest of the taxpayer;
b) Facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances; and
c) Guard against favoritism, improvidence, extravagance, fraud and corruption.
These procedures will contain, at a minimum, provisions which:
a) Prescribe a process for determining whether a procurement of goods and services is subject to competitive bidding and if it is not, documenting the basis for such determination;
b) With certain exceptions, provide that alternative proposals or quotations for goods and services will be secured by use of written request for proposals, written quotations, verbal quotations or any other method of procurement which furthers the purposes of General Municipal Law Section 104-b;
c) Set forth when each method of procurement will be utilized;
d) Require adequate documentation of actions taken with each method of procurement;
e) Require justification and documentation of any contract awarded to other than the lowest responsible dollar offer, stating the reasons;
f) Set forth any circumstances when, or the types of procurement for which, the solicitation of alternative proposals or quotations will not be in the best interest of the District; and
g) Identify the individual or individuals responsible for purchasing and their respective titles. Such information will be updated biennially.
Any unintentional failure to fully comply with these provisions will not be grounds to void action taken or give rise to a cause of action against the District or any District employee.
The District will develop administrative regulations to establish procedures for the procurement of goods and services.
Education Law Sections 1604, 1709, 1950, 2503, 2554 and 3602
General Municipal Law Articles 5-A and 18
General Municipal Law Section 119-o
NOTE: Refer also to Policies #5410 — Purchasing: Competitive Bidding and Offering
#5412 — Alternative Formats for Instructional Materials
Adopted: 1/4/17
5412 ALTERNATIVE FORMATS FOR INSTRUCTIONAL MATERIALS
Preference in the purchase of instructional materials will be given to vendors who agree to provide materials in a usable alternative format (i.e., any medium or format, other than a traditional print textbook, for presentation of instructional materials that is needed as an accommodation for each student with a disability, including students requiring Section 504 Accommodation Plans, enrolled in the District). Alternative formats include, but are not limited to, Braille, large print, open and closed captioned, audio, or an electronic file in an approved format as defined in Commissioner’s regulations.
The District has adopted the National Instructional Materials Accessibility Standard (NIMAS) to ensure that curriculum materials are available in a usable alternative format for students with disabilities. The District will be responsible to ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards.
The District will establish a plan to ensure that instructional materials in a usable alternative format for each student with a disability (including students requiring Section 504 Accommodation Plans) are based upon the student’s educational needs and course selections, and will be available at the same time as such instructional materials are available to non-disabled students.
Such Plan will:
a) Ensure that the District gives a preference in the purchase of instructional materials it has selected for its students to those vendors who agree to provide such instructional materials in alternative formats;
b) Specify when an electronic file is provided, how the format will be accessed by students and/or how the District will convert to an accessible format;
c) Specify the process to be used when ordering materials to identify the needs of students with disabilities residing in the District for alternative format materials;
d) Specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials are available; and
e) Include procedures so that when students with disabilities move into the District during the school year, the process to obtain needed materials in alternative formats for such students is initiated without delay.
20 USC Section 1474(e)(3)(B)
8 NYCRR Sections 200.2(b)(10), 200.2(c)(2) and 200.2(i)
Adopted: 1/4/17
5510 ACCOUNTING OF FUNDS
Accounting and reporting procedures shall be developed to facilitate analysis and evaluation of the District’s financial status and fixed assets. The District will use the Uniform System of Accounts for School Districts.
Books and records of the District shall be maintained in accordance with statutory requirements.
Provision shall be made for the adequate storage, security, and disposition of all financial and inventory records.
Online Banking
The Board has entered into a written agreement with designated banks and trust companies for online banking and electronic or wire transfers, which includes the implementation of a security procedure for all transactions. Online transactions must be authorized by the District’s Business Official. The District Treasurer, with a separate established user name and password, will have the authority to process online banking transactions. The Business Office Clerk or Deputy Treasurer, with a separate established user name and password, will be responsible for online banking transactions in the event the District Treasurer is not available, or as a job responsibility delegated to him or her by the District Treasurer. A monthly report of all online banking activity will be reviewed by staff independent of the online banking process and reconciled with the bank statement. Online banking will only take place on secure District computers located inside the Treasurer’s or Business Office.
Electronic Transactions and Wire Transfers
Procedures will be implemented specifying who is authorized to initiate, approve, transmit, record, review and reconcile electronic transactions. At least two individuals will be involved in each transaction. Authorization and transmitting functions will be segregated and whenever possible the recording function will be delegated to a third individual.
The District will enter into written wire transfer security agreements for District bank accounts which will include established procedures for authenticating wire transfer orders.
All wire transfers must be authorized by the District Treasurer or his or her designee. Dual approval controls will be established for non-routine wire transfer orders.
The Internal Auditor will periodically confirm that wire transfers have appropriate signatures, verification and authorization of proper personnel.
Education Law Section 2116-a
General Municipal Law Article 2 Section 5, 5-a, 5-b, 99-b
N.Y. UCC Section 4-A-201
Adopted: 7/1/13
Revised: 8/7/14
5511 MAINTENANCE OF FUND BALANCE
General Provisions
The Board recognizes that the maintenance of a fund balance is essential to the financial integrity of the District insofar as it helps mitigate current and future risks and assists in ensuring stable tax rates. Consistent with this understanding, the Board adopts the following standards and practices.
Classification of Funds
The District will ensure that funds are classified consistent with Governmental Accounting Standards Board (GASB) Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions. Consequently, fund balance amounts will be categorized as non-spendable, restricted, committed, assigned, or unassigned.
Unassigned Fund Balance
Minimum Unassigned Fund Balance
In order to maintain financial stability and protect against cash flow shortfalls, the Board will strive to maintain an unassigned fund balance of at least 2% of the current year’s budgeted expenses. In the event such balance falls below the 2% floor, the District will seek to replenish deficiencies through reducing expenses and/or increasing revenue.
Maximum Unassigned Fund Balance
In order to support normal operating costs and provide fiscal stability for the District, the Board will also strive to ensure that the unassigned fund balance does not exceed 4% of the current year’s budgeted expenditures. If it is anticipated that such balance will exceed the 4% ceiling, the Board will evaluate current commitments and assignments in order to determine the final distribution of fund balance in any fiscal year. The District will ensure unexpended surplus funds are used to reduce taxpayer liability in conformance with Real Property Tax Law Section 1318.
Fund Balance and Budget Development
The District’s ability to maintain its unassigned fund balance within the limits articulated above is contingent upon the development of a reasonable budget. Consequently, the District will develop and adopt budgets that, to the extent possible, reflect the anticipated revenues and expenditures.
Likewise, the District will ensure that appropriate reserve funds are established and utilized, consistent with applicable law and District policy, to ensure the fund balance is sufficient to meet District needs.
Compliance
The District will adhere to the reporting requirements of Article 3 of the General Municipal Law of the State of New York, and the practices set forth in GASB Statement Number 54.
NOTE: Refer also to Policies #5110 — Budget Planning and Development
#5512 — Reserve Funds
Adopted: 1/4/17
5512 RESERVE FUNDS
Reserve funds (essentially a legally authorized savings account designated for a specific purpose) are an important component in the District’s financial planning for future projects, acquisitions and other lawful purposes. To this end, the District may establish and maintain reserve funds in accordance with New York State Laws, Commissioner’s regulations and the rules and/or opinions issued by the Office of the New York State Comptroller, as applicable. The District shall comply with the reporting requirements of Article 3 of the General Municipal Law of the State of New York and the Governmental Accounting Standards Board (GASB) issued GASB Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions.
Any and all District reserve funds shall be properly established and maintained to promote the goals of creating an open, transparent and accountable use of public funds. The District may engage independent experts and professionals, including but not limited to, auditors, accountants and other financial and legal counsel, as necessary, to monitor all reserve fund activity and prepare any and all reports that the Board may require.
Periodic Review and Annual Report
The Board will periodically review all reserve funds. The District will also prepare and submit an annual report of all reserve funds to the Board. The annual report shall include the following information for each reserve fund:
a) The type and description of the reserve fund;
b) The date the reserve fund was established and the amount of each sum paid into the fund;
c) The interest earned by the reserve fund;
d) Capital gains or losses resulting from the sale of investments of the reserve fund;
e) The total amount and date of each withdrawal from the reserve fund;
f) The total assets of the reserve fund showing cash balance and a schedule of investments; and
g) An analysis of the projected needs for the reserve fund in the upcoming fiscal year and a recommendation regarding funding those projected needs.
The Board shall utilize the information in the annual report to make necessary decisions to adequately maintain and manage the District’s reserve fund balances while mindful of its role and responsibility as a fiduciary of public funds.
The Superintendent shall develop any necessary and/or appropriate regulations to implement the terms of the Board’s policy.
Adopted: 8/7/14
5520 EXTRACLASSROOM ACTIVITY FUND
An extraclassroom activity fund shall be established for activities conducted by students whose financial support is raised other than by taxation or through charges of the Board.
All extraclassroom activities shall be approved by the Board. The building principal shall maintain an up to date register of all extraclassroom activities that are approved or discontinued. Each extraclassroom activity shall have a faculty adviser appointed by the building principal. A Central Treasurer and a Faculty Auditor shall oversee all financial aspects of extraclassroom activities. The annual District audit will include all extraclassroom activity funds.
All extraclassroom activity funds shall be handled in accordance with the financial procedures illustrated by Finance Pamphlet No. 2, the Safeguarding, Accounting and Auditing of Extraclassroom Activity Funds, 2008, published by the New York State Education Department. All commitments and contracts shall be the sole responsibility of the extraclassroom activity club giving rise to the transaction, regardless of a change in advisers, membership or officers.
Proper books will be kept and all moneys deposited in appropriate accounts as set up by the Board. These accounts shall be subject to audit. All transactions involving extraclassroom funds shall be on a cash basis and no accounts shall remain unpaid at the end of the school year. Funds shall be invested in accordance with the Board’s Fiscal Management Policy on the “Investment of District Funds”.
The extraclassroom activities of the District are not included in the exemption granted to the District from New York State sales tax. Without exception, clubs and activities are prohibited from using the school’s tax exemption. The Central Treasurer shall be responsible for filing the periodic sales tax returns for the extraclassroom activity funds.
Funds of discontinued extraclassroom activities and of graduating classes shall revert to the account of the general student organization or student council and shall be expended in accordance with the organization’s constitution.
The building principals, with approval of the Superintendent, shall set up procedures for receipt and payment from the extraclassroom activity fund in their respective schools.
8 NYCRR Part 172
NOTE: Refer also to Policy #5620 — Fixed Asset Inventories, Accounting and Tracking
Adopted: 7/1/13
Revised: 8/7/14
5530 PETTY CASH FUNDS AND CASH IN SCHOOL BUILDINGS
Petty Cash Funds
A petty cash fund of not more than $100 shall be maintained in the District Office and in each school building in a secure location. Payments from petty cash funds may be made for materials, supplies or services only when payment is required upon delivery. At the time of reimbursement, an itemized statement of expenditures, together with substantiating receipts, shall be submitted. Such accounts shall be authorized by Board resolution at the annual meeting.
Appropriate regulations shall be developed for implementation of this policy.
Cash in School Buildings
Not more than $250, whether District or extraclassroom funds, shall be held in the vault in the Main Office of each District school building. Under no circumstances shall cash be left in classroom areas or desks. The District will not be responsible for funds left unprotected.
All funds, whether District or extraclassroom funds, shall be deposited prior to close of school each week. Only authorized personnel designated by the building administrator shall be allowed in the Main Office vault.
Education Law Sections 1604(26), 1709(29) and 2503(1)
8 NYCRR Section 170.4
Adopted: 7/1/13
5540 PUBLICATION OF DISTRICT’S ANNUAL FINANCIAL STATEMENT
In compliance with Education Law, the Board is required to publish a financial statement, including a full, detailed account of moneys received and moneys expended, at least once a year, during either July or August. This annual financial report will be in the form prescribed in Commissioner’s regulations.
The law requires that the information be published in one public newspaper which is published in the District. If no public newspaper is published in the District, then the District must use a newspaper having general circulation in the District. If no public newspaper is published in the District, and there is no newspaper having general circulation in the District, then the District must provide the information to the taxpayers by posting copies in five public places in the District.
Education Law Sections 1610, 1721, 2117, 2528 and 2577
8 NYCRR Section 170
Adopted: 7/1/13
5550 MAINTENANCE OF FISCAL EFFORT (TITLE I PROGRAMS)
A Local Educational Agency (LEA) may receive its full allocation of Title I funds if the combined fiscal effort per student or the aggregate expenditures of state and local funds with respect to the provision of free public education in the LEA for the preceding fiscal year was not less than 90% of the combined fiscal effort per student or the aggregate expenditures for the second preceding fiscal year.
In determining an LEA’s compliance with the maintenance of effort requirement, the State Educational Agency (SEA) shall consider the LEA’s expenditures from state and local funds for free public education. These include expenditures for administration, instruction, attendance, health services, student transportation services, plant operation and maintenance, fixed charges, and net expenditures to cover deficits for food services and student body activities.
The SEA shall not consider the following expenditures in determining an LEA’s compliance with the maintenance of effort requirements:
a) Any expenditures for community services, capital outlay, and debt service;
b) Any expenditures made from funds provided by the federal government for which the LEA is required to account to the federal government directly or through the SEA.
The Board assigns the School Business Official the responsibility of reviewing, as part of the budgeting process, combined fiscal effort so that expenditures of state and local funds with respect to the provision of free public education per student and in the aggregate for any fiscal year are not budgeted at less than 90% of the combined fiscal effort per student or the aggregate of expenditures for the preceding fiscal year.
Title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act
of 2001
34 CFR Part 200
Adopted: 7/1/13
5560 USE OF FEDERAL FUNDS FOR POLITICAL EXPENDITURES
The Board prohibits the use of any federal funds for partisan political purposes or expenditures of any kind by any person or organization involved in the administration of federally-assisted programs.
This policy refers generally, but is not limited to, lobbying activities, publications, or other materials intended for influencing legislation or other partisan political activities.
In recognition of this stricture, the Board assigns the Purchasing Agent the responsibility of monitoring expenditures of federal funds so that said funds are not used for partisan political purposes by any person or organization involved in the administration of any federally-assisted programs.
OMB Circular A-87 Cost Principles for State, Local and Indian Tribal Governments (revised May 10, 2004)
Compliance Supplement for Single Audit of State and Local Governments (revised June 27, 2003)
supplementing OMB Circular A133
NOTE: Refer also to Policy #6430 — Employee Activities
Adopted: 7/1/13
5570 FINANCIAL ACCOUNTABILITY
Districts must have internal controls in place to ensure that the goals and objectives of the District are accomplished; laws, regulations, policies, and good business practices are complied with; audit recommendations are considered and implemented; operations are efficient and effective; assets are safeguarded; and accurate, timely and reliable data are maintained.
The Oppenheim-Ephratah-St. Johnsville Central School District’s governance and control environment will include the following:
a) The District’s code of ethics addresses conflict of interest transactions with Board members and employees. Transactions that are less-than-arm’s length are prohibited. Less-than-arm’s length is a relationship between the District and employees or vendors who are related to District officials or Board members.
b) The Board requires corrective action for issues reported in the Certified Public Accountant’s (CPA’s) management letter, audit reports, the Single Audit, and consultant reports.
c) The Board has established the required policies and procedures concerning District operations.
d) The Board routinely receives and discusses the necessary fiscal reports including the:
1. Treasurer’s cash reports,
2. Budget status reports,
3. Revenue status reports,
4. Monthly extra-classroom activity fund reports, and
5. Fund balance projections (usually starting in January).
e) The District has a long-term [three to five years] financial plan for both capital projects and operating expenses.
f) The District requires attendance at training programs for Board members, business officials, treasurers, claims auditors, and others to ensure they understand their duties and responsibilities and the data provided to them.
g) The Board has an audit committee to assist in carrying out its fiscal oversight responsibilities.
h) The District’s information systems are economical, efficient, current, and up-to-date.
i) All computer files are secured with passwords or other controls, backed up on a regular basis, and stored at an off-site or in a secure fireproof location.
j) The District periodically verifies that its controls are working efficiently.
k) The District requires all staff to take leave time during which time another staff member performs the duties of the staff on leave. Staff may also schedule transactions and other responsibilities to occur electronically before taking a leave.
Audit Response
Periodically, the District receives audit reports from the External (Independent) Auditor, and/or the Office of the New York State Comptroller. The Board will review all audit recommendations, in consultation with the Audit Committee, and respond appropriately. Independent and Comptroller audit reports and the accompanying management letters will be made available for public inspection. Notice of the availability of independent and Comptroller audit reports will be published in the District’s official newspaper or one having general circulation in the District. If there is no newspaper, notice must be placed in ten public places within the District. Additionally, final audit reports from the Office of the NYS Comptroller should be posted on the District website, if one is available, for a period of five years.
8 NYCRR Section 170.12
General Municipal Law Section 33(2)(e) and 35(1)(2)
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
5571 ALLEGATIONS OF FRAUD
Reporting and Investigations of Allegations of Fraud
All Board members and officers, District employees and third party consultants are required to abide by the District’s policies, administrative regulations and procedures in the conduct of their duties. Further, all applicable federal and/or state laws and regulations must be adhered to in the course of District operations and practices. Any individual who has reason to believe that financial improprieties or wrongful conduct is occurring within the School System is to disclose such information according to the reporting procedures established by the District. The reporting procedures will follow the chain of command as established within the department or school building or as enumerated in the District’s Organizational Chart. In the event that the allegations of financial improprieties/fraud and/or wrongful conduct concern the investigating official, the report shall be made to the next level of supervisory authority. If the chain of supervisory command is not sufficient to ensure impartial, independent investigation, allegations of financial improprieties/fraud and/or wrongful conduct will be reported as applicable, to the Internal Auditor (if available), or the Independent (External) Auditor, or the School Attorney, or the Board. The District’s prohibition of wrongful conduct, including fraud, will be publicized within the District as deemed appropriate; and written notification will be provided to all employees with fiscal accounting/oversight and/or financial duties including the handling of money.
Upon receipt of an allegation of financial improprieties/fraud and/or wrongful conduct, the Board or designated employee(s) will conduct a thorough investigation of the charges. However, even in the absence of a report of suspected wrongful conduct, if the District has knowledge of, or reason to know of, any occurrence of financial improprieties/fraud and/or wrongful conduct, the District will investigate such conduct promptly and thoroughly. To the extent possible, within legal constraints, all reports will be treated as confidentially and privately as possible. However, disclosure may be necessary to complete a thorough investigation of the charges and/or to notify law enforcement officials as warranted, and any disclosure will be provided on a “need to know” basis. Written records of the allegation, and resulting investigation and outcome will be maintained in accordance with law.
Based upon the results of this investigation, if the District determines that a school official has engaged in financial improprieties/fraudulent and/or wrongful actions, appropriate disciplinary measures will be applied, up to and including termination of employment, in accordance with legal guidelines, District policy and regulation, and any applicable collective bargaining agreement. Third parties who are found to have engaged in financial improprieties/fraud and/or wrongful conduct will be subject to appropriate sanctions as warranted and in compliance with law. The application of such disciplinary measures by the District does not preclude the filing of civil and/or criminal charges as may be warranted. Rather, when school officials receive a complaint or report of alleged financial improprieties/fraud and/or wrongful conduct that may be criminal in nature, law authorities should be immediately notified.
An appeal procedure will also be provided, as applicable, to address any unresolved complaints and/or unsatisfactory prior determinations by the applicable investigating officer(s).
Protection of School Employees Who Report Information Regarding Illegal or Inappropriate Financial Practices
Any employee of the District who has reasonable cause to believe that the fiscal practices or actions of an employee or officer of the District violates any local, state, federal law or rule and regulation relating to the financial practices of the District, and who in good faith reports such information to an official of the District, or to the Office of the State Comptroller, the Commissioner of Education, or to law enforcement authorities, shall have immunity from any civil liability that may arise from the making of such report. Further, neither the District, nor employee or officer thereof, shall take, request, or cause a retaliatory action against any such employee who makes such a report.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle Blower” Protection)
The Board also prohibits any retaliatory behavior directed against any witnesses and/or any other individuals who participate in the investigation of an allegation of illegal or inappropriate fiscal practices or actions. Follow-up inquiries shall be made to ensure that no reprisals or retaliatory behavior has occurred to those involved in the investigation. Any act of retaliation is prohibited and subject to appropriate disciplinary action by the District.
Knowingly Makes False Accusations
Any individual who knowingly makes false accusations against another individual as to allegations of financial improprieties/fraud may also face appropriate disciplinary action.
Education Law Section 3028-d
Adopted: 7/1/13
5572 AUDIT COMMITTEE
An Audit Committee has been established by the Board resolution. The Audit Committee will consist of the Board as a whole.
The responsibilities of the Audit Committee include the following:
a) Provide recommendations regarding the appointment of the External (Independent) Auditor for the District;
b) Review and discuss with the External (Independent) Auditor any risk assessment of the District’s fiscal operations developed as part of the Auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable;
c) Receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor.
d) Make a recommendation on accepting the annual audit report; and
e) Review every corrective action plan developed by the District and assist the Board in its implementation.
Corrective Action Plan
Within 90 days of receipt of the report or management letter, the Superintendent shall prepare a corrective action plan approved by the Board in response to any findings contained in:
a) The annual external audit report or management letter;
b) A final audit report issued by the District’s internal auditor;
c) A final report issued by the State Comptroller;
d) A final audit report issued by the State Education Department; or
e) A final audit report issued by the United States or an office, agency or department thereof.
The corrective action plan must be filed with the State Education Department, and if appropriate, must include the expected date(s) of implementation. To the extent practicable, implementation of the corrective action plan should begin no later than the end of the next fiscal year.
SUBJECT: AUDIT COMMITTEE
Additional responsibilities of the Audit Committee include: assisting in the oversight of the Internal Audit Function including, but not limited to, providing recommendations regarding the appointment of the Internal Auditor; reviewing significant findings and recommendations of the Internal Auditor; monitoring the District’s implementation of such recommendations; and participating in the evaluation of the performance of the Internal Audit Function.
The Audit Committee may conduct an Executive Session in accordance with Public Officers Law Section 105 pertaining to the following matters:
a) To meet with the External (Independent) Auditor prior to commencement of the audit;
b) To review and discuss with the External (Independent) Auditor any risk assessment of the District’s fiscal operations developed as part of the Auditor’s responsibilities under governmental auditing standards for a financial statement audit and federal single audit standards if applicable; and
c) To receive and review the draft annual audit report and accompanying draft management letter and, working directly with the External (Independent) Auditor.
Education Law §§ 2116-c, and 3811-3813
Public Officers Law §§ 105(b), 105(c) and 105(d)
8 NYCRR § 170.12(d)
NOTE: Refer also to policies #1330 — Appointments and Designations by the Board
#1335 — Appointment and Duties of the Claims Auditor
#2210 — Committees of the Board
Adopted: 7/1/13
Revised: 5/7/15
5573 INTERNAL AUDIT FUNCTION
The District has established an Internal Audit Function which includes:
a) Development of a risk assessment of District operations including, but not limited to, a review of financial policies, procedures and practices;
b) An annual review and update of such risk assessment;
c) Annual testing and evaluation of one or more of the District’s internal controls, taking into account risk, control weaknesses, size, and complexity of operations;
d) Preparation of reports, at least annually or more frequently as the Board may direct, which analyze significant risk assessment findings, recommend changes for strengthening controls and reducing identified risks, and specify timeframes for implementation of such recommendations.
The District is permitted to utilize existing District personnel to fulfill the Internal Audit Function, but such persons shall not have any responsibility for other business operations of the District while performing Internal Audit Functions. The District shall also be permitted to use inter-municipal cooperative agreements, shared services to the extent authorized by Education Law Section 1950 or independent contractors to fulfill the Internal Audit Function as long as the personnel or entities performing this function comply with any Regulations issued by the Commissioner of Education and meet professional auditing standards for independence between the auditor and the District.
Personnel or entities serving as the Internal Auditor and performing the Internal Audit Function shall report directly to the Board. The Audit Committee shall assist in the oversight of the Internal Audit Function on behalf of the Board.
Education Law Sections 1950, 2116-b and 2116-c
8 NYCRR Section 170.12(d)
NOTE: Refer also to Policy #1339 — Duties of the Internal Auditor
Adopted: 7/1/13
5574 MEDICAID COMPLIANCE PROGRAM POLICY
The District shall comply with New York State and federal laws and regulations related to the District’s participation as a provider of care, services or supplies under the Medicaid program.
The District as a provider receiving or submitting Medicaid claims of at least $500,000 in any consecutive twelve-month period, has established and implemented a Medicaid Compliance Program designed to detect and prevent fraud, waste and abuse.
As required by the New York State Office of the Medicaid Inspector General (hereinafter referred to as the OMIG), the District’s Medicaid Compliance Program is comprised of the following core elements:
a) Written policies and procedures that describe compliance expectations as embodied in a code of ethics applicable to all District personnel, including Board members. Such compliance expectations or standards of conduct shall include provisions designed to: implement the operation of the Medicaid Compliance Programs; provide guidance to employees and others on dealing with potential compliance issues; identify how to communicate compliance issues to appropriate personnel; and describe how issues are investigated and resolved;
b) A designated employee who will be responsible for the day-to-day operation of the Medicaid Compliance Program. This employee’s job duties may be exclusively related to Medicaid compliance issues or may be combined with other duties, provided that the Medicaid compliance portions of the employee’s duties are satisfactorily fulfilled. The designated employee shall report directly to the District Superintendent or the Superintendent’s designee and shall also periodically report directly to the Board on the District’s Medicaid Compliance Program activities;
c) Training and education of all affected District employees and other persons associated with the District’s Medicaid Compliance Program, including, but not limited to, members of the District’s Board. Such training shall occur periodically and shall be made a part of any required training or orientation for new employees, Board members, volunteers and/or others on dealing with the District’s Medicaid Compliance Program;
d) Communication lines and processes directed to the District’s designated employee who will be responsible for the day-to-day operation of the Medicaid Compliance Program. Such communication lines and processes shall be accessible to all District employees, Board members, volunteers and others associated with the District’s Medicaid Compliance Program. The communication lines and processes are designed to allow employees to report compliance issues, including the anonymous and confidential good faith reporting of any practice or procedure related to Medicaid reimbursement of school or preschool supportive health services, that an employee believes is inappropriate;
e) Disciplinary procedures that encourage good faith and fair dealing in the District’s Medicaid Compliance Program by all affected individuals. Such disciplinary procedures shall include procedures that articulate expectations for reporting and assisting with the resolution of compliance issues and also provide sanctions for the failure to report suspected problems and participating (either actively or passively) in non-compliant behavior;
f) A system for the routine identification of Medicaid compliance risk areas in the District’s Medicaid Compliance Program. Self-evaluation of such risk areas may be accomplished by, but not necessarily limited to, internal audits and external audits, as appropriate;
g) A system for responding to, investigating, correcting and reporting compliance issues as they are raised, including the development of procedures and systems to reduce the potential for recurrence, identifying and reporting compliance issues to the OMIG and refunding overpayments; and
h) A policy of non-intimidation and non-retaliation against any person for the good faith participation in any aspect of the administration of the District’s Medicaid Compliance Program including, but not limited to, the reporting of potential issues, assisting as a witness with any investigation, evaluation, audit, remedial actions or reporting to appropriate officials as provided in Sections 740 and 741 of the New York State Labor Law.
Retention of Medicaid Records
On March 10, 2010, the State Education Department, Special Aids and Medicaid Unit, notified districts of a Settlement and Compliance Agreement between New York State and the federal agencies. This Agreement states that the January 2002 record retention directive is no longer in effect and districts may return to the normal retention policy.
The following records require a minimum six year retention period from the date services were paid:
a) All documents relating in any manner to Medicaid reimbursement for services;
b) All documents relating in any manner to referrals, prescriptions or orders for these services;
c) All documents relating in any manner to the provision of these services including, but not limited to, the following:
1. The dates that services were provided;
2. The identification and qualifications of the professional who provided the services or under whose direction the services were provided;
3. Progress and other notes, memoranda, correspondence, reports and other documents relating to services rendered; and
d) All Individualized Education Programs (IEPs) for Medicaid-eligible students.
Questions related to the School Supportive Health Services Program (SSHSP) or the Preschool Supportive Health Services Program (PSHSP) retention policy should be directed to the STAC, Special Aids and Medicaid Unit within the New York State Education Department.
Social Services Law Section 363-d
18 NYCRR Part 521
NOTE: Refer also to Policies #5570 — Financial Accountability
#5571 — Allegations of Fraud
#5572 — Audit Committee
#5573 — Internal Audit Function
#6110 — Code of Ethics for Board Members and All District Personnel
District Medicaid Compliance Program
Adopted: 8/7/14
5610 INSURANCE
The objective of the Board is to obtain the best possible insurance at the lowest possible cost, and to seek advice from an Insurance Appraisal Service to determine that adequate coverage is being provided regarding fire, boiler, general liability, bus and student accident insurance.
The Board shall carry insurance to protect the District’s real and personal property against loss or damage. This property shall include school buildings, the contents of such buildings, school grounds and vehicles.
The Board may also purchase liability insurance to pay damages assessed against Board members and District employees acting in the discharge of their respective duties, within the scope of their employment and/or under the direction of the Board.
All insurance policies, along with an inventory of the contents of the building, should be kept in a fireproof depository or with the appropriate insurance agent for safekeeping and referral purposes. The Superintendent shall review the District’s insurance program annually and make recommendations to the Board if more suitable coverage is required.
Education Law Sections 1709(8), 1709(26), 1709(34-b), 2503(10), 2503(10-a), 2503(10-b), 3023, 3028
and 3811
General Municipal Law Sections 6-n and 52
Public Officers Law Section 18
Adopted: 7/1/13
5620 FIXED ASSET INVENTORIES, ACCOUNTING, AND TRACKING
The Superintendent or designee will maintain a continuous and accurate inventory of fixed assets owned by the District in accordance with applicable rules, standards, procedures, and best practices. Fixed assets are, generally, long-term, tangible resources intended to be continuously held or used, and may include land, buildings, improvements, machinery, and equipment.
All fixed assets purchased and received by the District will be checked, logged, and stored through an established procedure.
The School Business Official will account for assets on an annual basis according to applicable rules, standards, procedures, and best practices. These accounts will serve to:
a) Maintain an inventory of assets;
b) Establish accountability;
c) Determine replacement costs; and
d) Determine and provide appropriate insurance coverage.
The Board will establish a dollar threshold as a basis for considering which fixed assets are to be depreciated. This threshold will ensure that at least 80% of the value of these assets is reported. The threshold will not be greater than $5,000. Standard methods and averaging conventions will be used in assessing, capitalizing, and depreciating fixed assets.
Fixed assets will be recorded at initial cost or, if not available, at estimated initial cost; gifts of fixed assets will be recorded at estimated fair value at the time of the gift. A property record will be maintained for each fixed asset and will contain, where possible, the following information:
a) Date of acquisition;
b) Description;
c) Serial or other identification number;
d) Any funding source and percentage contributed by the source;
e) Vendor;
f) Cost or value;
g) Location and use;
h) Asset type;
i) Condition and estimated useful life;
j) Replacement cost;
k) Current value;
l) Salvage value;
m) Sale price and date and method of disposition; and
n) Responsible official.
All fixed assets will be labeled. Any discrepancies between an inventory and the District’s property records should be traced, explained, and documented.
Management of Assets Acquired Under a Federal Government Grant or Subgrant
Inventories will be maintained for assets acquired with funds obtained through federal grant programs. A separate inventory will be maintained for each program. Each inventory will record assets in the same manner as the District’s fixed asset inventory. Assets will be labeled to specify the source of funds used to purchase the item. All Title I assets will include “Title I” on the label. These inventories will track assets for at least five years from the date of receipt.
When original or replacement assets acquired under a federal grant or subgrant are no longer needed for the original project or for other activities currently or previously supported by a federal agency, the District will dispose of the assets as follows:
a) Assets with a current per-unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency.
b) Assets with a current per-unit fair market value of greater than $5,000 may be retained or sold and the awarding agency will have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency’s share of the assets.
c) No federal approval is necessary to dispose of an asset costing over $5,000 but approval from the SED is necessary. Once SED has determined that it has no other need for the use of the asset, the District may proceed with selling it.
The District will comply with the U.S. Department of Education regulations governing the use, management, and disposition of all equipment acquired through a federal government grant.
Equipment Purchased with Extraclassroom Funds
Title to all equipment acquired with extraclassroom activity funds will reside with the District and be carried as an insurable asset on its list of insurable values. This equipment will be tagged as District property but is available for exclusive use by the extraclassroom activity club acquiring it.
34 CFR Parts 74-99, 200
SED Finance Pamphlet, The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, 2015
Uniform System of Accounts for School Districts (Fiscal Section)
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
5621 USE OF ELECTRICAL APPLIANCES/EQUIPMENT IN THE CLASSROOM
The Board recognizes the need to provide a healthy and safe learning environment for students and staff. State fire codes and the District’s insurance company require restricted areas where electrical appliances and/or equipment may be used. Approved areas for using various appliances/equipment will be identified in each building by the administrator. Approved locations will be inspected regularly for compliance with fire regulations.
Appliances/equipment that may not be used, unless approved by the building administrator, include but are not limited to: toaster ovens, hot plates, heat lamps, electric/gas stoves, electric space heaters, coffee pots, microwave ovens, refrigerators, holiday lights and candles. The exception for candles is the use by the National Honor Society and the Junior Honor Society induction ceremonies with the approval of the building administrator.
In accordance with Education Law 807-a, all buildings will be inspected annually by authorized fire inspectors for fire hazards which might endanger the lives of students, staff and visitors to the school. In addition, New York State Commissioners’ regulation section 155.7(g) states “Electrical equipment and auxiliary apparatus and controls, and installation and use of the same, shall be such as will ensure safe operation in accord with applicable recognized standards, as determined by the commissioner, and be consistent with efficient energy consumption.”
The Board recognizes the negative impact that door wedges can have on safety in the event of a fire situation. The use of door wedges is prohibited.
Education Law 807(a)
NYS Commissioner’s Regulations, Section 155.7(g)
Adoption: 11/6/14
5630 FACILITIES: INSPECTION, OPERATION, AND MAINTENANCE
Operation and Maintenance
The Board, through the Superintendent or staff, has the responsibility of protecting the District’s facilities through a systematic maintenance program. The program shall include periodic preventive maintenance activities, long-range maintenance schedules, and emergency repair procedures. The District will make reasonable attempts to ensure that all maintenance work will be carried out in the least intrusive manner.
Construction and Remodeling of School Facilities
The District will ensure all capital projects and maintenance comply with the requirements of the New York State Uniform Fire Prevention and Building Code, the Manual of Planning Standards, and the Commissioner’s regulations. Relevant documentation regarding all new buildings must be formally submitted to the State Education Department no matter the size or cost. The New York State Education Department Office of Facilities Planning has provided an Instruction Guide on their official website.
Plans and specifications for the erection, enlargement, repair, or remodeling of facilities of the District shall be submitted to the Commissioner consistent with applicable law.
Plans and specifications submitted to the Commissioner shall bear the signature and seal of an architect or engineer licensed to practice in the State of New York. The architect or engineer who sealed the plans and specifications shall also certify that the plans and specifications conform to the standards set forth in the State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code.
For remodeling or construction projects, the District will ensure compliance with the requirements of the State Uniform Fire Prevention and Building Code and Commissioner’s regulations. The District will also retain the services of an architect or engineer licensed to practice in New York State as required by law or regulation, or as necessary given the scope and cost of the project.
Carbon Monoxide Detection Requirements
All new and existing District buildings that have appliances, devices, or systems that may emit carbon monoxide, and all attached garages, must have a means to detect carbon monoxide. Buildings include school buildings, administrative buildings, bus maintenance facilities, concession stands, and field houses. Carbon monoxide may be produced by fuel-fired heating systems (boilers, HVAC units, and makeup air units), emergency or standby electric generation within a building, fuel-fired kitchen equipment (ranges, ovens, steamers, dishwashers, and makeup air units serving hoods), fuel-fired domestic hot water heaters, laboratory/shop equipment (gas outlets, torches, gas-fired kilns, and stationary or portable engines), maintenance and storage areas with fuel-fired equipment, and in garages.
The District may use a self-contained carbon monoxide alarm, a carbon monoxide detection system, or both. The District will comply with all laws and regulations regarding alarms/detectors, including where they must be located, their power sources, and labeling requirements. The District should develop written standard operating procedures to follow when a carbon monoxide detector is activated.
Inspections
The District is mindful of the health and safety of its students, staff, and visitors and, as such, the District administration will cooperate with appropriate officials conducting health, fire, asbestos, bus, and boiler inspections. In addition, the administration shall keep the Board informed of the results of such inspections in a timely fashion.
In accordance with the Asbestos Hazard Emergency Response Act (AHERA), the District will inform all employees and building occupants (or their legal guardians) at least once each school year about all asbestos inspections, response actions, post-response action activities, as well as triennial re-inspection activities and surveillance activities that are either planned or in progress. The District will provide yearly notification to parent, teacher, and employee organizations on the availability of the District’s asbestos management plan and any asbestos-related actions taken or planned in the school.
To help protect staff, students, and visitors from contracting Legionnaires’ disease from Legionella bacteria, the District will register any cooling towers it owns with the New York State Department of Health (DOH), providing the information in any form that the DOH requires. The District will also adhere to the inspection, annual certification, and maintenance program and planning requirements mandated by the DOH. Further, the District will maintain records regarding all inspection results, corrective action, cleaning and disinfection, tests, and certifications for at least three years. The District will keep a copy of its required maintenance program and plan on the premises where the cooling tower is located.
Comprehensive Public School Building Safety Program (RESCUE)
To ensure that all District facilities are properly maintained and preserved and provide suitable educational settings, the Board requires that all occupied school facilities which are owned, operated or leased by the District comply with the provisions of the Comprehensive Public School Building Safety Program, the Uniform Code of Public School Building Inspections, and the Safety Rating and Monitoring as prescribed in Commissioner’s regulations. For this reason, the District shall develop a Comprehensive Public School Building Safety Program in accordance with Commissioner’s regulations.
The program shall be reevaluated and made current at least annually, and shall include, at a minimum, the following:
a) A five year capital facilities plan which will include an appraisal of the following: the educational philosophy of the District, with resulting administrative organization and program requirements; present and projected student enrollments; space use and State-rated student capacity of existing facilities; the allocation of instructional space to meet the current and future education program and service needs, and to serve students with disabilities in settings with non-disabled peers; priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities; and the provision of additional facilities.
b) A District-wide building inventory, which will include information pertaining to each building including, but not limited to:
1. Type of building, age of building, size of building;
2. Rated capacity, current enrollment;
3. List of energy sources and major systems (lighting, plumbing, electrical, heating); and
4. Summary of triennial Asbestos Inspection reports.
c) A building condition survey shall be conducted for all occupied school buildings once every five years by a team that includes at least one licensed architect or engineer.
d) A District-wide monitoring system which includes:
1. Establishing a Health and Safety Committee;
2. Development of detailed plans and a review process of all inspections;
3. Procedures for a response in writing to all inquiries about building health and safety concerns, a copy of which will be sent to the District’s Health and Safety Committee for oversight, and a copy kept on permanent file.
e) Procedures to ensure the safety of the building occupants while a construction/renovation project is taking place. These procedures will include:
1. Notification to parents, staff and the community at least two months in advance of a construction project of $10,000 or more to be conducted in a school building while the building is occupied; provided, however, that in the case of emergency construction projects, such notice shall be provided as far in advance of the start of construction as is practicable;
2. A plan to ensure that all contractors comply with all health and safety issues and regulations, and wear photo identification badges;
3. An opportunity for the District’s Health and Safety Committee to conduct a walk-through inspection of newly renovated or constructed areas to confirm that the area is ready to be reopened for use; and
4. An emergency plan which will address potential concerns with the capital project including, but not limited to, evacuation procedures, fire drills, and structural failures.
Asbestos Inspection: 40 CFR Part 763, Subpart E
15 USC §§ 2641-2656
Carbon Monoxide Detection: 19 NYCRR § 1228.4
Fire Inspection: Education Law § 807-a
8 NYCRR § 155.4
Health and Safety Committee: 8 NYCRR § 155. 4(d)(1)
Legionella Protection: 10 NYCRR § 4.1, et seq.
Plans and Specifications: Education Law §§ 408, 408-a and 409
8 NYCRR §§ 155.1 and 155.2
19 NYCRR §§ 1221-1240
Structural Safety Inspections: Education Law §§ 409-d, 409-e, 3602 and 3641(4)
8 NYCRR §§ 155.1, 155.3, and 155.4(b)(1)
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
5631 HAZARDOUS WASTE AND HANDLING OF TOXIC SUBSTANCES BY EMPLOYEES
The Board recognizes the need to protect human health and the environment from damage resulting from the improper handling of hazardous wastes.
The management of hazardous waste from its point of generation to the ultimate disposal is regulated through specific Federal and State laws.
The Board directs the Superintendent to adopt rules to ensure District implementation of applicable Federal and State laws pertaining to the identification, transportation, treatment, storage, and disposal of hazardous wastes.
Hazard Communication Standard
All personnel shall be provided with applicable training to comply with the New York State “Right-to-Know” Law and the Hazard Communication Standard. Both the “Right to Know” poster and the “Labor Law Information Relating to Public Employees” poster must be posted in common areas informing workers of relevant work hazards and associated rights.
The Superintendent or designee shall maintain a current record of the name, address and social security number of every employee who handles or uses toxic substances and which substance(s) were handled or used by the employee.
Rules and regulations will be developed to ensure District implementation of this policy which shall include awareness information, employee training and record keeping.
Environmental Protection Agency, 40 CFR Parts 261 and 262
Occupational Safety and Health Administration (OSHA), 29 CFR Section 1910.1200
Labor Law Sections 875-883
Public Health Law Sections 4800-4808
6 NYCRR Part 371
9 NYCRR Part 1174
Adopted: 7/1/13
5632 PEST MANAGEMENT AND PESTICIDE USE
The Board is committed to maintaining the integrity of school buildings and grounds while protecting the health and safety of students and staff and maintaining a productive learning environment.
Structural and landscape pests can pose significant problems for people and property. Weeds and infestations can destroy playing fields and playgrounds and more importantly, cause severe allergic reactions. Pesticides can pose risks to people, property, and the environment. It is therefore the policy of the District to incorporate Integrated Pest Management (IPM) procedures for control of weeds, structural and landscape pests. The objective of this program is to provide necessary pest control while using the least toxic approach to all pests, weeds and infestations.
Pest/Pesticide Management Plan
The District will manage weeds and pests to:
a) Reduce any potential human health hazard or threat to public safety.
b) Prevent loss or damage to school structures or property.
c) Prevent pests from spreading into the community, or to plant and animal populations beyond the site.
d) Enhance the quality of life for students, staff, and others.
Integrated Pest Management (IPM) Coordinator
An IPM Coordinator will be appointed by the Superintendent. The Coordinator will be responsible for implementing the IPM policy and plan. The coordinator’s responsibilities will include the following:
a) Recording all pest sightings by school staff and students.
b) Recording all pesticide use and utilizing the least toxic approach.
c) Meeting with a local pest control expert, such as a pesticide contractor to share information on what pest problems are present in the school.
d) Assuring that all of the expert’s recommendations on maintenance and sanitation are carried out where feasible.
e) Assuring that pesticide use is done when school is not in session or when the area can be completely secured against access by school staff and students for a standard 72 hours, or as required by the pesticide being used.
f) Evaluating the school’s progress in the IPM plan.
g) Notifying parents, staff and neighbors of any applications of pesticides 48 hours before they occur. The IPM Coordinator will serve as the District’s Pesticide Representative.
Pesticide Use on Common Areas
Pesticides will not be used on playgrounds, turf, athletic or playing fields, in effect, all lawn areas of the school. In these common areas where children gather and play, pesticide alternatives will be used whenever possible and effective. The prohibition does not apply to indoor use or the application to building structures.
An exception may be made for emergency applications of pesticide only when approved in advance by the Board. The Board may consult with the local Health Department on public health related emergency determinations. They may also consult with the Department of Environmental Conservation (DEC) for environmental emergency determinations. Emergency determinations should only be sought for one-time pesticide application in a specific situation, which presents a true emergency. The guidance document from DEC provides clarification on emergency determinations. It can be found at:
http://www.dec.ny.gov/docs/materials_minerals_pdf/guidancech85.pdf
Some types of pesticides and alternatives, those deemed safe in federal regulation, may be allowable on playing fields and playgrounds in certain circumstances. The District will develop regulations governing the use of pesticides and their alternatives on school grounds.
Fertilizer Use
New requirements and restrictions regarding the use of phosphorus fertilizers on school grounds have been developed. Chapter 205 of the Laws of 2010 dictates the requirements which must be adhered to regarding grounds maintenance starting on January 1, 2012.
a) Fertilizer use is prohibited between December 1 and April 1 annually.
b) The use of fertilizers is prohibited within 20 feet of any surface water except:
1. Where a continuous natural vegetation buffer, at least ten feet wide, separates lawn and water.
2. Where a spreader guard, deflector shield or drop spreader is used, then the application may not occur within three feet of any surface water.
c) The use of phosphorus fertilizers are prohibited on lawns or other non-agricultural turf with the following exceptions:
1. The use of phosphorus fertilizers are needed to establish a new lawn; or
2. A soil test shows that phosphorus fertilizers are needed for growth.
d) Fertilizer cannot be used on any impervious surfaces and if such an application occurs, it must be cleaned immediately and legally applied or placed in an appropriate container.
Notification
The District’s IPM Coordinator or designated Pesticide Representative will give prior written notice of all pesticide applications to anyone who has asked to receive such notice. The District will also notify parents, students and staff of periodic pesticide applications. The District will maintain a list of those people who wish to receive 48 hour notice before pesticide applications and will ensure that a system is developed to deliver such notice in a timely fashion to all affected. The notification system may be by mail or email, and will ensure that a back-up method is available to notify those for whom the regular system is unworkable. The name and contact information for the District Pesticide Representative will be made available to all requesting it.
Sample forms for 48 hour prior notification can be obtained at:
https://www.p12.nysed.gov/facplan/documents/PesticideNeighborNotificationGuidelineforSchools_081020.pdf
The District must also provide additional written notification to all parents and staff three times per year to inform them of any pesticide applications that have occurred: within ten days of the end of the school year, within two school days of the end of winter recess and within two days of the end of spring recess.
Recordkeeping
Records of pesticide use will be maintained on site for three years. Records will be completed on the day of pesticide use. In addition, pest surveillance records will be maintained to help verify the need for pesticide treatments. Annual reports of any applications must be sent to DEC.
Education Law Sections 409-k, 409-h
Environmental Conservation Law Sections 17-2103, 33-0303
40 CFR Part 152.25
7 USC Section 136(mm), 136q(h)(2) (FIFRA)
8 NYCRR Part 155.4(d)(2)
Adopted: 8/7/14
5640 SMOKING/TOBACCO USE
School Grounds
Tobacco use shall not be permitted and no person shall use tobacco on school grounds or within 100 feet of the entrances, exits, or outdoor areas of any public or private elementary or secondary schools. However, this shall not apply to smoking in a residence, or within the real property boundary lines of such residential real property. For purposes of this policy, “school grounds” means any building, structure, and surrounding outdoor grounds, including entrances or exits, contained within the District’s preschool, nursery school, elementary or secondary school’s legally defined property boundaries as registered in the County Clerk’s Office; as well as all District vehicles, including vehicles used to transport children or school personnel.
For purposes of this policy, tobacco is defined to include any lighted or unlighted cigarette, cigar, cigarillo, pipe, bidi, clove cigarette, spit/spitless tobacco, and any other smoking or tobacco product, (smokeless, dip, chew, snus and/or snuff) in any form.
The use of e-cigarettes and any other products containing nicotine, except for current FDA-approved smoking cessation products, are also prohibited.
Off-School Grounds
Tobacco use is prohibited by students at any school-sponsored event or activity off school grounds.
Posting/Notification of Policy
In compliance with the New York State Clean Indoor Air Act, the District will prominently post its Smoking/Tobacco Use policy and signs prohibiting all forms of tobacco products in District buildings and other appropriate locations; and will supply a copy upon request to any current or prospective employee. The District will also designate a school official to tell individuals who smoke in a non-smoking area that they are in violation of the New York State Public Health Law, Education Law, the federal Pro-Children Act of 1994 and District policy.
The District shall also ensure that this policy is communicated to staff, students, parents or guardians, volunteers, and visitors as deemed appropriate in order to orient all persons to the District’s “No Smoking” Policy and environment.
Prohibition of Tobacco Promotional Items/Tobacco
Advertising
Tobacco promotional items (e.g., brand names, logos and other identifiers) are prohibited:
a) On school grounds;
b) In school vehicles;
c) At school-sponsored events, including those that take place off school premises and in another state;
d) In school publications;
e) On clothing, shoes, accessories, gear, and school supplies in accordance with the District Code of Conduct and applicable collective bargaining agreements.
This prohibition of tobacco promotional items shall be implemented in accordance with the Code of Conduct and applicable collective bargaining agreements.
In addition, tobacco advertising is also prohibited in all school-sponsored publications and at all school sponsored events. The District will request, whenever possible, tobacco free editions of periodical publications for school libraries and classroom use.
Safe and Drug-Free Schools and Communities Act, 20 USC Section 7101 et seq.
Pro-Children Act of 2001, as amended by the No Child Left Behind Act of 2001, 20 USC Sections 7181-7184
Education Law Sections 409, 2801(1) and 3020-a
Public Health Law Article 13-E
NOTE: Refer also to Policies #3280 — Use of School Facilities, Materials and Equipment
#3410 — Code of Conduct on School Property
#7320 — Alcohol, Tobacco, Drugs, and Other Substances (Students)
#8211 — Safety Conditions and Prevention Instruction
District Code of Conduct on School Property
Adopted: 7/1/13
Revised: 8/7/14
5650 ENERGY CONSERVATION AND RECYCLING IN THE SCHOOLS
The Board recognizes the importance of energy conservation and is committed to the analysis, development, and initiation of conservation measures throughout the District for the purpose of reducing energy consumption, particularly in these times of declining levels of natural energy resources and increasing cost of these resources. The Board maintains an aggressive and responsible program to reduce consumption of energy by its facilities and to provide education to both staff and students on the conservation of energy.
The District is committed to an energy conservation program that addresses not only capital-related energy projects but ongoing, day-to-day energy related issues as well. All staff are urged to participate actively in a program of energy conservation by assisting in the efforts to eliminate the wasteful use of energy in the operation of the District’s buildings. Cooperation will be required of each employee and each student to achieve a meaningful energy conservation program that results in a more efficient use of energy resources. Involvement of staff and students is essential to a successful program of energy conservation.
Energy Manager
The Director of Facilities and Operations is designated as the Energy Manager of the District and he or she shall report directly to the Board and the Superintendent, or their designee, on matters pertaining to energy conservation.
Energy Conservation Task Force
The Board further directs the Superintendent to establish an energy conservation task force consisting of at least two Board members, the Superintendent, the School Business Official, the Director of Facilities and Operations, and such other individual(s) as may be deemed necessary. The duties of this task force will include, but are not limited to, the following:
a) Analyzing the District’s energy consumption patterns and cost data;
b) Selecting and recommending to the Board an energy audit or technical assistance study to determine where the District can save;
c) Consider financing energy improvements with an energy performance contract. A technical assistance study can evaluate a proposed performance contract before the District enters into an agreement;
d) Consider cost savings from cooperative purchasing arrangements with other municipalities and school districts.
e) Work with outside consultants and/or staff members to recommend and evaluate energy saving ideas including, but not limited to, technology power management, lighting changes, HVAC changes; and
f) Evaluate and make recommendations about the energy efficiency of District buildings through periodic building inspections and surveys.
Progress reports on the implementation of energy conservation measures will be made to the Board at least annually.
Minimum Indoor Air Temperature
The District will comply with the Property Maintenance Code of New York State, part of the New York State Uniform Fire Prevention and Building Code, which requires that indoor occupiable work spaces be maintained at a minimum temperature of 65 degrees from September 14 to May 31 during the period the spaces are occupied. There are exceptions for areas of vigorous physical activities such as gymnasiums as well as processing spaces such as coolers or freezers. However, by law, code or regulation there is no maximum temperature specified. Ventilation requirements only require fresh air, not cool air-conditioning.
Long-Range Considerations
The energy conservation program is an important factor to be considered in planning effective use of school facilities, new construction, remodeling or rehabilitation programs, and modernization projects.
Recycling
The Board is committed to protecting and improving the environment by recycling commonly used materials, waste prevention strategies and purchasing recycled products when feasible. The Superintendent will create a task force charged with developing a program for the source separation and segregation of recyclable or reusable materials in the District. This District-wide recycling plan shall include:
a) A conservation education program to teach students about their social responsibility for preserving our resources, and involvement of all students and personnel in a comprehensive effort to reduce, reuse and recycle waste materials;
b) A concerted effort to purchase recycled and biodegradable items;
c) Separation of waste into appropriate categories for the purposes of recycling; and
d) A cooperative effort with community recycling programs.
Environmental Conservation Law Sections 27-2101- 27-2117
General Municipal Law Section 120-aa
19 NYCRR Sections 1221-1228 and Section 1240
Energy Conservation Code of New York State 2007
Adopted: 7/1/13
Revised: 8/7/14
5660 SCHOOL FOOD SERVICE PROGRAM (LUNCH AND BREAKFAST)
School Food Service Program (Lunch and Breakfast)
The Board has entered into an agreement with the New York State Education Department to participate in the National School Lunch Program, School Breakfast Program and/or Special Milk Program to receive commodities donated by the Department of Agriculture and to accept responsibility for providing free and reduced price meals to elementary and secondary students in the schools of the District.
The Superintendent or designee shall have the responsibility to carry out the rules of the School Lunch and Breakfast Programs. The determination of which students are eligible is the responsibility of the Reviewing Official and Verification Official or the Office of Temporary and Disability Assistance of the Department of Social Services. Appeals regarding eligibility should be submitted to the Hearing Official of the District.
Free or reduced price meals may be allowed for qualifying students attending District schools upon receipt of a written application from the student’s parent or guardian or a “Direct Certification” letter from the New York State Office of Temporary and Disability Assistance (OTDA). Applications will be provided by the District to all families.
School officials must also determine eligibility for free/reduced meals and milk by using the Direct Certification Matching Process, a dataset supplied by the Office of Temporary and Disability Assistance, and made available by the State Education Department. Any student receiving federal assistance through Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance to Needy Families (TANF) is automatically eligible for free meals and milk. There is no need for families to complete further applications. Districts shall notify parents or guardians of such eligibility, giving them the opportunity to decline free meals and milk if they so choose.
Procedures for the administration of the free and reduced price meal program of this District will be the same as those prescribed in current state and federal laws and regulations.
Child Nutrition Program/Charging Meals
Although not required by law, because of the District’s participation in the Child Nutrition Program, the Board approves the establishment of a system to allow a student to charge a meal. The Board authorizes the Superintendent to develop rules which address:
a) What can be charged;
b) The limit on the number of charges per student;
c) The system used for identifying and recording charged meals;
d) The system used for collection of repayments; and
e) Ongoing communication of the policy to parents and students.
The Board Policy was established according to New York State child nutrition guidelines. The policy is consistent with other districts in the area.
Any student that has exceeded his or her grade level charging limit, including high school students, will be offered a peanut butter and jelly sandwich and skim milk or an alternate if he or she has documented allergies.
Jr./Sr. High School:
a) Up to five reimbursable meals may be charged.
b) No ala carte food charging.
Elementary School:
a) Up to five reimbursable meals may be charged.
Procedure for charging school lunches
No charging at any school during the month of June.
Elementary School:
a) Students will be allowed to charge 5 lunches;
b) If your student already has an outstanding balance that exceeds the 5 lunch charge limit, additional charges will not be allowed.
Jr./Sr. High School:
a) Students will be allowed to charge 5 lunches;
b) If your student already has an outstanding balance that exceeds the 5 lunch charge limit, additional charges will not be allowed;
c) If the student’s account is overdue, parents are asked to send payment to the cafeteria;
d) No a la carte items will be charged.
When a student account reaches the equivalent of 5 meals, a computer generated negative balance letter will be sent home on a monthly basis, until their account is properly funded.
We understand that there are extenuating circumstances. We will ensure that all students within the OESJ School District will be offered a nutritionally balanced meal in a respectful and discreet manner.
Please help us by:
a) Completing a free and reduced meal application.
b) Make prepayments to your children ‘s accounts by cash or check.
Restriction of Sweetened Foods in School
The sale of sweetened foods will be prohibited from the beginning of the school day until the end of the last scheduled meal period.
Sweetened foods consist of sweetened soda water, chewing gum, candy, including hard candy, jellies, gum, marshmallow candies, fondant, licorice, spun candy, candy coated popcorn, and water ices except those which contain fruit or fruit juices.
Restrictions on Sale of Milk Prohibited
Schools that participate in the National School Lunch Program may not directly or indirectly restrict the sale or marketing of fluid milk products at any time or in any place on school premises or at school-sponsored events.
Food Substitutions for Children with Disabilities
Federal regulations governing the operation of Child Nutrition Programs, Part B of the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act of 1973 require that children with disabilities be offered the opportunity to participate in all academic and nonacademic activities including the school nutrition programs. The District will make reasonable accommodations to those children with disabilities whose disabilities restrict their diets, such as providing substitutions and/or modifications in the regular meal patterns. Such meal substitutions for students with disabilities will be offered at no extra charge. A student with a disability must be provided substitutions in food when that need is supported by a statement signed by a physician attesting to the need for the substitutions and recommending alternate foods.
However, the school food service is not required to provide meal services (for example, School Breakfast Program) to students with disabilities when the meal service is not normally available to the general student body, unless a meal service is required under the student’s individualized education program (IEP) or Section 504 Accommodation Plan as mandated by a physician’s written instructions.
Food Substitutions for Nondisabled Children
Though not required, the District will also allow substitutions for non-disabled children who are unable to consume the regular meal because of medical or other special dietary needs if the request is supported by a statement signed by a recognized medical authority.
The District may also allow substitutions for fluid milk with a non-dairy beverage that is nutritionally equivalent (as established by the Secretary of Agriculture) to fluid milk and meets nutritional standards for students who are unable to consume fluid milk because of medical or other special dietary needs if the request is supported by a statement signed by a recognized medical authority or by the student’s parent or legal guardian.
Prohibition Against Adults Charging Meals
Adults should pay for their meals at the time of service or set up pre-paid accounts.
HACCP-Based Food Safety Program
Schools participating in the National School Lunch and/or School Breakfast programs are required to implement a food safety program based on Hazard Analysis and Critical Control Point (HACCP) principles. The District must develop a written food safety program for each of its food preparation and service facilities that is based on either traditional HACCP principles or the “Process Approach” to HACCP. (The “Process Approach” simplifies traditional HACCP by grouping foods according to preparation process and applying the same control measures to all menu items within the group, rather than developing an HACCP plan for each item.) Regardless of the implementation option that is selected, the District’s written food safety program must also include:
a) Critical control points and critical limits;
b) Monitoring procedures;
c) Corrective actions;
d) Verification procedures;
e) Recordkeeping requirements; and
f) Periodic review and food safety program revision.
Child Nutrition and WIC Reauthorization Act of 2004, PL 108-265 Child Nutrition Act 1966, 42 USC Section 1771 et seq.
Richard B. Russell National School Lunch Act 1946, 42 USC Section 1751 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq. Individuals with Disabilities Education Act (DEA), 20 USC Sections 1400-1485 7 CFR Parts 15B, 210 and 220
Education Law Sections 902(b), 915, 918, 1604(28), 1709(22), 1709(23) and
8 NYCRR Sections
Social Services Law Section 95
Adopted: 7/1/13
Revised: 8/7/14; 4/7/16
5661 WELLNESS
The District is committed to providing a school environment that promotes and protects children’s health, well-being, and the ability to learn by fostering healthy eating and physical activity.
The District has established a wellness committee to develop the District’s proposed local wellness policy, making such policy recommendations for review and adoption by the Board. The District Wellness Committee includes, but is not limited to, representatives from each of the following groups:
a) Parents;
b) Students;
c) Physical Education teachers;
d) School health professionals;
e) The District’s food service program;
f) The Board;
g) School administrators; and
h) Members of the public.
The District Wellness Committee will also be responsible for assessing current activities, programs, and policies available in the District, and providing mechanisms for implementation, evaluation, and revision of the policy. In so doing, the Wellness Committee will evaluate and make recommendations which reflect the specific needs of the District and its students.
Goals to Promote Student Wellness
The District seeks to ensure all of its students obtain the knowledge and skills necessary to make nutritious food selections and enjoy life-long physical activity. To this end, the District sets forth the following goals relating to nutrition promotion and education, physical activity, and other school-based activities.
Nutrition Promotion and Education
a) Classroom Teaching: Nutrition topics will be integrated within the comprehensive health education curriculum and other instructional areas, as appropriate, and taught at every grade level, K through 12. Nutrition instruction will follow applicable New York State Standards and be designed to help students acquire:
1. Nutrition knowledge, including, but not limited to: the benefits of healthy eating; essential nutrients; nutritional deficiencies; principles of healthy weight management; the use and misuse of dietary supplements; and safe food storage, handling, and preparation.
2. Nutrition-related skills, including, but not limited to: planning healthy meals; understanding and using food labels; critically evaluating nutrition information, misinformation, and commercial food advertising; assessing personal eating habits; and setting and achieving goals related to these concepts.
b) Education, marketing, and promotion
1. As appropriate, the District will promote nutrition education activities that involve parents, students, and the community.
2. The District will promote school and community awareness of this policy through various means, such as a publication on the District website.
3. The District will encourage and promote wellness through social media, newsletters, and an annual family wellness event.
4. Marketing and advertising on school campuses during the school day will be consistent with nutrition education and health promotion. As such, schools will restrict food and beverage marketing to the promotion of those foods and beverages that meet the nutrition standards set forth by the Healthy, Hunger-Free Kids Act’s “Smart Snacks in Schools” Rule.
5. The District is cognizant of the fact that certain scoreboards, signs, and other durable equipment it employs may market foods and beverages in a way that is inconsistent with the aims of this policy. While the immediate replacement of such equipment may be impossible due to existing contracts or prohibitive costs, the District will consider replacing or updating such equipment over time to ensure the message it delivers to students regarding nutrition, health, and well-being is consistent.
c) Additional provisions
1. Parents will be encouraged to send in healthy treats for classroom celebrations.
2. School personnel are strongly discouraged from using food as a reward or withholding food as punishment under any circumstance.
Physical Activity
a) The District will provide opportunities for every student to participate in physical education and to be involved in physical activities. In doing so, the District aims to promote among students the development of knowledge and skills for specific physical activities, the maintenance of physical fitness, regular participation in physical activity, and an understanding of the short-term and long-term benefits from a physically active and healthy lifestyle.
b) The District will ensure that the following standards are met to achieve its goals relative to physical education and physical activity:
1. The District will have a Board-approved Physical Education Plan on file with the New York State Education Department that meets or exceeds the requirements set forth in Section 135.4 of the Commissioner’s regulations.
2. The District recognizes the importance of physical education classes in providing students with meaningful opportunities for physical exercise and development. Consequently, the District will ensure:
(a) All physical education classes are taught or supervised by a certified physical education teacher;
(b) All physical education staff receive professional development on a yearly basis;
(c) Interscholastic sports, intramural sports, and recess do not serve as substitutes for a quality physical education program;
(d) Students are afforded the opportunity to participate in moderate to vigorous activity for at least 60% of physical education class;
(e) It provides adequate space and equipment for physical education and conforms to all applicable safety standards;
(f) A sequential physical education course of study consistent with national standards for physical education is implemented, with a focus on students’ development of motor skills, movement forms, and health-related fitness;
(g) A physical and social environment is provided that encourages safe and enjoyable activity for all students, including those who are not athletically gifted.
(h) Activities are adapted to meet the needs of students who are temporarily or permanently unable to participate in the regular program of physical education. In doing so, the District will abide by specific provisions in 504 Plans and/or individualized education programs (IEP).
(i) All students, including students in need of adaptive physical education, will be encouraged to participate in physical fitness programs and competitions.
3. All students will be required to fulfill the physical education requirements set forth in the Commissioner’s regulations as a condition of graduating from the District’s schools.
c) All classroom teachers, and particularly those engaged in the instruction of K through 5 students, are strongly encouraged to incorporate into the school day short breaks for students that include physical activity, especially after long periods of inactivity. Additionally, all elementary students will be offered one daily period of recess for a minimum of 20 minutes. This requirement will not apply on days where students arrive late, leave early, or are otherwise on campus for less than a full day. Where weather and/or facilities allow, recess will be offered in a place that accommodates moderate to vigorous physical activity.
d) Physical activity will not be withheld for disciplinary action unless the student is a danger to him or herself or others. Recess or other physical activity time will not be cancelled for instructional make up time.
Other School-Based Activities
The District is committed to establishing a school environment that is conducive to healthy eating and physical activity for all. The District will, therefore, adopt the following standards:
a) Federal School Meal Programs
1. The District will participate to the maximum extent practicable in available federal school meal programs (including the School Breakfast Program, National School Lunch Program, and Summer Food Service Program). Food served through these programs will meet all applicable federal and state standards.
2. The District will ensure that food service directors, managers, and staff are provided with annual professional development in the areas of food and nutrition consistent with USDA Professional Standards for State and Local Nutrition Programs. District food service staff will meet with students in grades 4 through 12 twice annually to solicit feedback on the school breakfast and/or school lunch program(s).
b) Access to School Nutrition Programs
The District will utilize a system of student payment that ensures all eligible students have access to free/reduced meals in a non-stigmatizing manner.
c) Meal Environment
The District will ensure:
1. School dining areas have sufficient space for students to sit and consume meals;
2. School dining areas are clean, safe, and pleasant environments that reflect the social value of eating;
3. Enough serving areas are provided to ensure student access to school meals with a minimum of wait time;
4. All students have a scheduled lunch period;
5. Lunch times are scheduled near the middle of the school day;
6. Students are given adequate time to eat healthy meals;
7. Students and staff have access to free, safe, and fresh drinking water throughout the school day and where school meals are served.
d) Community Access to District Facilities for Physical Activities
School grounds and facilities will be available to students, staff, community members and organizations, and agencies offering physical activity and nutrition programs consistent with District policy, including provisions regarding conduct on school grounds and administrative approval of use by outside organizations.
e) Community Partnerships
The District will develop relationships with community partners in support of this wellness policy’s implementation. Existing and new community partnerships will be evaluated to ensure they are consistent with this policy and its goals.
Nutrition Guidelines
In an effort to encourage healthy life-long eating habits by providing foods that are high in nutrients, low in fat and added sugars, and of moderate portion size, the District Wellness Committee will recommend nutrition standards to be set for all foods and beverages available on school campus. For purposes of this section, the school day is defined as the period from the midnight before, to 30 minutes after the end of the official school day.
School Meals
School meals will, at a minimum, meet the program requirements and nutrition standards of the School Breakfast and National School Lunch Programs.
Fundraising
a) All food and beverages sold as a fundraiser during the school day will meet the nutritional requirements listed in the USDA Healthy, Hunger-Free Kids Act “Smart Snacks in Schools” Rule.
b) School-sponsored fundraisers conducted outside of the school day will be encouraged to support the goals of this policy by promoting the sale of healthy food items (fresh fruit and produce) and/or non-food items, such as water bottles, plants, etc., and by promoting events involving physical activity.
c) School administrators, with the assistance of the District Wellness Committee, will create and promote a list of approved fundraising activities. All fundraisers taking place during the school day must be approved by the appropriate building principal prior to their being conducted.
Competitive Foods
a) Competitive foods–which include all foods and beverages sold outside the school meal programs, on the school campus in student accessible areas, and at any time during the school day–will follow, at a minimum, the nutrition standards specified by the Healthy, Hunger-Free Kids Act. These standards will apply to all foods and beverages sold individually and outside of the reimbursable school meal, including vending machines, school stores, and cafeteria a la carte lines.
b) Additionally, the District will not sell foods of minimal nutritional value in the student store, from a machine, or anywhere in the building from the beginning of the school day until the end of the last lunch period. Prohibited foods include: soda water, water ices (excluding ices containing fruit or fruit juices), chewing gum, hard candy, jellies, gums, marshmallow candies, licorice, fondants (soft mints, candy corn), cotton candy, and candy-coated popcorn.
Foods and Beverages Sold or Served at Events Outside of the School Day
a) All foods and beverages sold or served at school-sponsored events will be a single serving.
b) At events where food and beverages are sold, 50% of items sold must meet the USDA Healthy, Hunger-Free Kids Act “Smart Snacks in Schools” Standards.
Implementation and Evaluation of the Wellness Policy
a) The District will establish an implementation and evaluation plan for this policy in order to monitor its effectiveness and the possible need for modification over time. To this end, the District designates the following individual to have operational responsibility for ensuring that the District meets the goals and mandates of this policy: District Health Coordinator.
b) This designated staff member will also serve as a liaison with community agencies in providing outside resources to help in the development of nutritional education programs and promotion of physical activities.
c) The District will annually report on the progress each of its schools has made toward meeting the goals of this policy. Such report will include:
1. The website address for the wellness policy and/or information on how the public can access a copy;
2. A description of each school’s progress in meeting the wellness policy goals;
3. A summary of each school’s local school wellness events or activities;
4. Contact information for the leader(s) of the Wellness Committee; and
5. Information on how individuals can get involved in the Wellness Committee’s work.
This report will be provided to the Board and also distributed to the Wellness Committee, parent-teacher organizations, building principals, and school health services personnel within the District. The report will be available to community residents upon request.
d) Evaluation and feedback from interested parties, including an assessment of student, parent, teacher, and administration satisfaction with the wellness policy, are welcomed as an essential part of the District’s evaluation program.
e) The District will document the financial impact, if any, to the school food service program, school stores, and vending machine revenues based on the implementation of the wellness policy.
f) Assessments of the District’s wellness policy and implementation efforts will be repeated on a triennial basis. The assessment will include:
1. Compliance with the wellness policy;
2. How the wellness policy compares to model wellness policies; and
3. Progress made in attaining the goals of the wellness policy.
g) The District will, as necessary, revise this wellness policy and develop work plans to facilitate its implementation.
42 USC § 1758(b)
7 CFR § 210.11
79 FR 10693
Education Law § 915
8 NYCRR § 135.4
Adopted: 7/1/13
Revised: 9/4/14; 1/4/17
5670 RECORDS MANAGEMENT
A Records Management Officer shall be designated by the Superintendent, subject to the approval of the Board. Such Records Management Officer shall coordinate the development of and oversee a program for the orderly and efficient management of records, including the legal disposition or destruction of obsolete records, and shall be given the authority and responsibility to work with other local officials at all levels in the development and maintenance of the records management program.
In addition, a Records Advisory Board may be created to assist in establishing and supporting the records management program. The District’s legal counsel, the fiscal officer, and the Superintendent or designee may comprise the Advisory Board.
Retention and Disposition of Records
The Superintendent shall retain records for such a period and dispose of them in the manner described in Records Retention and Disposition Schedule ED-1, established in accordance with Part 185, Title VIII of the Official Compilation of Codes, Rules and Regulations of the State of New York and Article 57-A of the Arts and Cultural Affairs Law.
Special Approvals for Disposition of Records Not Included in Schedule/Records Damaged by Natural or Man-made Disasters
Records not listed on a records retention and disposition schedule shall not be disposed of without the approval of the Commissioner of Education.
Records that have been damaged by natural or man-made disaster and constitute a human health or safety risk also require the Commissioner’s prior approval before disposition.
Replacing Original Records with Microforms or Electronic Images
Digital images of public records may be stored on electronic media, and such electronic records may replace paper originals or micrographic copies of these records. To ensure accessibility and intelligibility for the life of these records, the District shall follow the procedures prescribed by the Commissioner of Education.
Retention and Preservation of Electronic Records
The District shall ensure that records retention requirements are incorporated into any plan and process for design, redesign, or substantial enhancement of an information system that stores electronic records.
Arts and Cultural Affairs Law Section 57.19
8 NYCRR Part 185
Adopted: 7/1/13
5671 DISPOSAL OF CONSUMER REPORT INFORMATION AND RECORDS
In accordance with the Federal Trade Commission’s (FTC) “Disposal Rule,” and in an effort to protect the privacy of consumer information, reduce the risk of fraud and identity theft, and guard against unauthorized access to or use of the information, the District will take appropriate measures to properly dispose of sensitive information (i.e., personal identifiers) contained in or derived from consumer reports and records. Any employer who uses or possesses consumer information for a business purpose is subject to the Disposal Rule. According to the FTC, the standard for proper disposal of information derived from a consumer report is flexible, and allows the District to determine what measures are reasonable based on the sensitivity of the information, the costs and benefits of different disposal methods, and changes in technology.
The term “consumer report” shall include information obtained from a consumer reporting company that is used – or expected to be used – in establishing a consumer’s eligibility for employment or insurance, among other purposes. The term “employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
The FTC Disposal Rule defines “consumer information” as “any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report. Consumer information also means a compilation of such records. Consumer information does not include information that does not identify individuals, such as aggregate information or blind data.”
Information Covered by the Disposal Rule
The FTC has not included a rigid definition of the kinds of information that would be considered to identify particular individuals. In accordance with FTC guidance, there are a variety of personal identifiers beyond simply a person’s name that would bring information within the scope of the Disposal Rule, including, but not limited to, a social security number, driver’s license number, phone number, physical address, and email address. Depending upon the circumstances, data elements that are not inherently identifying can, in combination, identify particular individuals.
“Proper” Disposal
The FTC Disposal Rule defines “dispose,” “disposing,” or “disposal,” as:
a) “The discarding or abandonment of consumer information,” or
b) “The sale, donation, or transfer of any medium, including computer equipment, upon which consumer information is stored.”
The District will utilize disposal practices that are reasonable and appropriate to prevent the unauthorized access to – or use of – information contained in or derived from consumer reports and records. Reasonable measures to protect against unauthorized access to or use of consumer information in connection with District disposal include the following examples. These examples are not exclusive or exhaustive methods for complying with the Disposal Rule.
a) Burning, pulverizing, or shredding of papers containing consumer information so that the information cannot practicably be read or reconstructed.
b) Destroying or erasing electronic media containing consumer information so that the information cannot practicably be read or reconstructed.
c) After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as consumer information, in a manner consistent with the Disposal Rule. In this context, due diligence could include:
1. Reviewing an independent audit of the disposal company’s operations and/or its compliance with the Disposal Rule;
2. Obtaining information about the disposal company from several references or other reliable sources;
3. Requiring that the disposal company be certified by a recognized trade association or similar third party;
4. Reviewing and evaluating the disposal company’s information security policies or procedures;
5. Taking other appropriate measures to determine the competency and integrity of the potential disposal company; or
6. Requiring that the disposal company have a certificate of registration from the New York Department of State issued on or after October 1, 2008.
d) For persons (as defined in accordance with the Fair Credit Reporting Act) or entities who maintain or otherwise possess consumer information through their provision of services directly to a person subject to the Disposal Rule, monitoring compliance with policies and procedures that protect against unauthorized or unintentional disposal of consumer information, and disposing of such information in accordance with examples a) and b) above.
Implementation of Practices and Procedures
The Board delegates to the Superintendent or designee(s) the authority and responsibility to review current practices regarding the disposal of consumer information; and to implement such further reasonable and appropriate procedures, including staff training as necessary, to ensure compliance with the FTC’s Disposal Rule.
The Fair Credit Reporting Act, 15 USC Section 1681 et seq.
The Fair and Accurate Credit Transactions Act of 2003, Public Law 108-159
Federal Trade Commission Disposal of Consumer Report Information and Records, 16 CFR Part 682
General Business Law Article 39-G
19 NYCRR Section 199
Adopted: 7/1/13
5672 INFORMATION SECURITY BREACH AND NOTIFICATION
The District values the protection of private information of individuals in accordance with applicable law and regulations. Further, the District is required to notify affected individuals when there has been or is reasonably believed to have been a compromise of the individual’s private information in compliance with the Information Security Breach and Notification Act and Board policy.
a) “Private information” shall mean **personal information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted or encrypted with an encryption key that has also been acquired:
1. Social security number;
2. Driver’s license number or non-driver identification card number; or
3. Account number, credit or debit card number, in combination with any required security code, access code, or password which would permit access to an individual’s financial account.
“Private information” does not include publicly available information that is lawfully made available to the general public from federal, state or local government records.
**”Personal information” shall mean any information concerning a person which, because of name, number, symbol, mark or other identifier, can be used to identify that person.
b) “Breach of the security of the system,” shall mean unauthorized acquisition or acquisition without valid authorization of computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District. Good faith acquisition of personal information by an employee or agent of the District for the purposes of the District is not a breach of the security of the system, provided that private information is not used or subject to unauthorized disclosure.
Examples of Determining Factors
In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or person without valid authorization, the District may consider the following factors, among others:
a) Indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information; or
b) Indications that the information has been downloaded or copied; or
c) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.
Notification Requirements
a) For any computerized data owned or licensed by the District that includes private information, the District shall disclose any breach of the security of the system following discovery or notification of the breach to any New York State resident whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization. The disclosure to affected individuals shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. The District shall consult with the State Office of Information Technology Services to determine the scope of the breach and restoration measures.
b) For any computerized data maintained by the District that includes private information which the District does not own, the District shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery, if the private information was, or is reasonably believed to have been, acquired by a person without valid authorization.
The notification requirement may be delayed if a law enforcement agency determines that such notification impedes a criminal investigation. The required notification shall be made after the law enforcement agency determines that such notification does not compromise the investigation.
Methods of Notification
The required notice shall be directly provided to the affected persons by one of the following methods:
a) Written notice;
b) Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and a log of each such notification is kept by the District when notifying affected persons in electronic form. However, in no case shall the District require a person to consent to accepting such notice in electronic form as a condition of establishing any business relationship or engaging in any transaction;
c) Telephone notification, provided that a log of each such notification is kept by the District when notifying affected persons by phone; or
d) Substitute notice, if the District demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or that the District does not have sufficient contact information. Substitute notice shall consist of all of the following:
1. Email notice when the District has an email address for the subject persons;
2. Conspicuous posting of the notice on the District’s website page, if the District maintains one; and
3. Notification to major statewide media.
Regardless of the method by which notice is provided, the notice shall include contact information for the notifying District and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.
In the event that any New York State residents are to be notified, the District shall notify the State Attorney General (AG), the New York State Department of State, and the New York State State Office of Information Technology Services as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York State residents.
In the event that more than 5,000 New York State residents are to be notified at one time, the District shall also notify consumer reporting agencies, as defined in accordance with State Technology Law Section 208, as to the timing, content and distribution of the notices and approximate number of affected persons. Such notice shall be made without delaying notice to affected New York State residents. A list of consumer reporting agencies shall be compiled by the State Attorney General and furnished upon request to school districts required to make a notification in accordance with State Technology Law Section 208(2), regarding notification of breach of security of the system for any computerized data owned or licensed by the District that includes private information.
State Technology Law Sections 202 and 208
Adopted: 7/1/13
5673 EMPLOYEE PERSONAL IDENTIFYING INFORMATION
In accordance with Section 203-d of the New York State Labor Law, the District shall restrict the use and access to employee personal identifying information. As enumerated in law, “personal identifying information” shall include social security number, home address or telephone number, personal electronic mail address, Internet identification name or password, parent’s surname prior to marriage, or driver’s license number.
The District shall not unless otherwise required by law:
a) Publicly post or display an employee’s social security number;
b) Visibly print a social security number on any identification badge or card, including any time card;
c) Place a social security number in files with unrestricted access; or
d) Communicate an employee’s personal identifying information to the general public.
A social security number shall not be used as an identification number for purposes of any occupational licensing.
District staff shall have access to this policy, informing them of their rights and responsibilities in accordance with Labor Law Section 203-d. District procedures for safeguarding employee “personal identifying information” shall be evaluated; and employees who have access to such information as part of their job responsibilities shall be advised as to the restrictions on release of such information in accordance with law.
Labor Law Section 203-d
Adopted: 7/1/13
5674 DATA NETWORKS AND SECURITY ACCESS
The District values the protection of private information of individuals in accordance with applicable law, regulations, and best practice. Accordingly, District officials and Information Technology (IT) staff will plan, implement, and monitor IT security mechanisms, procedures, and technologies necessary to prevent improper or illegal disclosure, modification, or denial of sensitive information in the District Computer System (DCS). Similarly, such IT mechanisms and procedures will also be implemented in order to safeguard District technology resources, including computer hardware and software. District network administrators may review District computers to maintain system integrity and to ensure that individuals are using the system responsibly. Users should not expect that anything stored on school computers or networks will be private.
In order to achieve the objectives of this policy, the Board entrusts the Superintendent, or his or her designee, to:
a) Inventory and classify personal, private, and sensitive information on the DCS to protect the confidentiality, integrity, and availability of information;
b) Develop password standards for all users including, but not limited to, how to create passwords and how often such passwords should be changed by users to ensure security of the DCS;
c) Ensure that the “audit trail” function is enabled within the District’s network operating system, which will allow the District to determine on a constant basis who is accessing the DCS, and establish procedures for periodically reviewing such audit trails;
d) Develop procedures to control physical access to computer facilities, data rooms, systems, networks, and data to only authorized individuals; such procedures may include ensuring that server rooms remain locked at all times and the recording of arrival and departure dates and times of employees and visitors to and from the server room;
e) Establish procedures for tagging new purchases as they occur, relocating assets, updating the inventory list, performing periodic physical inventories, and investigating any differences in an effort to prevent unauthorized and/or malicious access to these assets;
f) Periodically grant, change, and terminate user access rights to the overall networked computer system and to specific software applications and ensure that users are given access based on, and necessary for, their job duties;
g) Limit user access to the vendor master file, which contains a list of vendors from which District employees are permitted to purchase goods and services, to only the individual who is responsible for making changes to such list, and ensure that all former employees’ access rights to the vendor master list are promptly removed;
h) Determine how, and to whom, remote access should be granted, obtain written agreements with remote access users to establish the District’s needs and expectations, as appropriate, and monitor and control such remote access;
i) Verify that laptop computer systems assigned to teachers and administrators use full-disk encryption software to protect against loss of sensitive data;
j) Deploy software to servers and workstations to identify and eradicate malicious software attacks such as viruses and malware;
k) Develop a disaster recovery plan appropriate for the size and complexity of District IT operations to ensure continuous critical IT services in the event of any sudden, catastrophic event, including, but not limited to fire, computer virus or deliberate or inadvertent employee action.
Adopted: 1/4/17
5675 STUDENT GRADING INFORMATION SYSTEMS
Student performance is assessed in many ways, but primarily through assigned grades. The District will help ensure the integrity of student grades by controlling access to its grading information system and by approving modifications to grades where warranted.
The System
The District utilizes an electronic software system that contains a record of student performance, credit accumulation, report cards, and a transcript. More specifically, the system includes class rosters where teachers enter student grades and track their students’ academic progress. The system is used to generate student report cards and transcripts, and to maintain all student grading records.
To protect student data in the system, the District will first establish who has the authority to grant, change, or terminate user access. The personnel with this authority will be very limited. Further, if the grading system has a feature that allows one user or account to assume the identity of another user or account, the District will restrict or disable that feature. These types of features could allow a user greater access than intended, including inheriting permissions of another user that are greater than the user’s.
System Access
The District will create categories of system users and assign appropriate system permissions to each. Users’ permissions will be compatible with and restricted by their roles and job duties; their access will be as restrictive as possible. Typically, teachers will have the ability to enter, update, and modify grades each marking period before a pre-determined lockout date. The lockout function will be consistently used throughout the school year to help prevent grade modifications without authorization after a marking period closes. Through increased system permissions, other individuals—such as non-classroom teachers, guidance counselors, information technology (IT) staff, clerical staff, and support staff—will be able to view or modify grades.
The District will work with its IT, human resources, and other appropriate departments to determine how best to timely establish access rights, add users, deactivate or modify user accounts, and monitor user accounts. The District will develop further IT controls to protect against improper access, if needed.
Grade Changes
Once the lockout period begins, only authorized users identified by the District may change grades, and only under certain circumstances. The system will recognize when grades change, and a log of modified grades may then be viewed and printed. Any grade mismatches will be reconciled before the next marking period closes or before the end of the school year, whichever is earlier.
The staff member seeking to change a grade will submit a grade-change form signed by the requesting party, the teacher who assigned the original grade, and the appropriate administrator. This form and all other documents supporting a grade modification will be electronically filed in the grading system or filed in a non-electronic system—if electronic filing is impossible or impractical—and maintained for six years. The personnel seeking the modification should specify one or more reasonable grounds for the grade change on the form. There must be reasonable grounds to alter a grade. The reasons may include:
a) Data entry error;
b) Computational error;
c) A modification based on work submitted or considered after the lockout date;
d) Changing an incomplete grade to a regular grade because a student completed course requirements;
e) Credit recovery coursework;
f) Administrative change; or
g) Other acceptable justifications.
Audit Log and Monitoring
The District’s grading system will have an audit log or grade-change report function that records certain system activities, including modifications to grades. The District will periodically monitor audit logs or grade-change reports to confirm the integrity of the system, to ensure proper access by personnel, and to confirm that modifications within the system are appropriate and completed in a timely manner. The District will also periodically monitor user accounts and rights so that the permissions granted are proper and the minimum necessary for each user or user group. To the extent feasible, the District will make sure that user accounts are current and updated regularly. The District will be able to print user information, logs, reports, and other documents from the student grading information system, as needed.
Student Transcripts
Student transcripts may show all credit-bearing classes; final grades; test scores; grade-point average; class rank; diploma type; SAT, ACT, and other standardized test scores; and graduation date. The same controls, protections, and monitoring applicable to student grading information apply equally to student transcripts.
Adopted: 1/4/17
5680 SAFETY AND SECURITY
The Board of the Oppenheim-Ephratah-St. Johnsville Central School District hereby declares that it is the policy of this District to provide a safe and secure environment to all those persons, students, staff and visitors, who lawfully enter upon District property or who travel in District vehicles for the purposes of the District.
It shall be the responsibility of the Superintendent to establish and carry out written regulations that will:
a) Identify those staff members who will be responsible for the effective administration of the regulations;
b) Provide staff time and other necessary resources for the effective administration of the regulations;
c) Establish periodic written review of the activities of the staff to ensure compliance with applicable laws and regulations;
d) Provide an on-going mechanism for the effective review of safety and security concerns of the staff, students and affected public;
e) Provide for reports to the Board regarding the significant aspects of safety and security of the District.
Labor Law Section 27-a
12 NYCRR Part 820, Article 28
NOTE: Refer also to Policy #5681 — School Safety Plans
Adopted: 7/1/13
5681 SCHOOL SAFETY PLANS
The District considers the safety of its students and staff to be of the utmost importance and is keenly aware of the evolving nature of threats to schools. As such, it will address those threats accordingly through appropriate emergency response planning. The District-wide school safety plan and the building-level emergency response plan will be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the coordination of schools and the District with local and county resources in the event of these incidents or emergencies.
These plans will be reviewed by the appropriate team on at least an annual basis and updated as needed by September 1. Specifically, the Board will make each District-wide school safety plan available for public comment at least 30 days prior to its adoption. The District-wide school safety plans may only be adopted by the Board after at least one public hearing that provides for the participation of school personnel, parents, students, and any other interested parties. Additionally, the District-wide school safety plan will designate the Superintendent or designee as the chief emergency officer responsible for coordinating communication between school staff and law enforcement and first responders, and for ensuring staff understanding of this plan. Similarly, the Superintendent will be responsible for ensuring the completion and yearly updating of building-level emergency response plans.
District-Wide School Safety Plan
District-wide school safety plan means a comprehensive, multi-hazard school safety plan that covers all school buildings of the District, addresses crisis intervention, emergency response and management at the District level, and has the contents as prescribed in Education Law and Commissioner’s regulations.
The District-wide school safety plan will be developed by the District-wide school safety team appointed by the Board. The District-wide team will include, but not be limited to, representatives of the Board, teacher, administrator, and parent organizations, school safety personnel, and other school personnel.
The plan will further address, among other items as set forth in Education Law and Commissioner’s regulations, how the District will respond to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school, including threats by students against themselves (e.g. suicide).
Building-Level Emergency Response Plan
Building-level emergency response plan means a plan that addresses crisis intervention, emergency response and management at the building level and has the contents as prescribed in Education Law and Commissioner’s regulations. As part of this plan, the District will define the chain of command in a manner consistent with the National Incident Management System (NIMS)/Incident Command System (ICS).
The building-level emergency response plan will be developed by the building-level emergency response team. The building-level emergency response team is a building-specific team appointed by the building principal, in accordance with regulations or guidelines prescribed by the Board. The building-level team will include, but not be limited to, representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel, community members, law enforcement officials, fire officials, or other emergency response agencies, and any other representatives the Board deems appropriate.
Training Requirement
The District will submit certification to the New York State Education Department that all District and school staff have received annual training on the emergency response plan, and that this training included components on violence prevention and mental health. New employees hired after the start of the school year will receive training within 30 days of hire, or as part of the District’s existing new hire training program, whichever is sooner.
Filing/Disclosure Requirements
The District will file a copy of its District-wide school safety plan and any amendments with the Commissioner of Education no later than 30 days after its adoption. A copy of each building-level emergency response plan and any amendments will be filed with the appropriate local law enforcement agency and with the state police within 30 days of its adoption. Building-level emergency response plans will be kept confidential and are not subject to disclosure under the Freedom of Information Law (FOIL) or any other provision of law.
Homeland Security Presidential Directives – HSPD-5, HSPD-8
Homeland Security Act of 2002, 6 USC § 101
Education Law §§ 807, 2801-a
Public Officers Law Article 6
8 NYCRR § 155.17
Adopted: 7/1/13
Revised: 1/4/17
5682 CARDIAC AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs) IN PUBLIC SCHOOL FACILITIES
The District shall provide and maintain on-site in each instructional school facility functional cardiac automated external defibrillator (AED) equipment as defined in Public Health Law Section 3000-b for use during emergencies. Each such facility shall have sufficient automated external defibrillator equipment available to ensure ready and appropriate access for use during emergencies in quantities and types as deemed by the Commissioner of Education, in consultation with the Commissioner of Health. Determination of the quantity and placement of AEDs must be made with consideration of at least the factors enumerated in Commissioner’s regulations. An instructional school facility means a building or other facility maintained by the District where instruction is provided to students in accordance with its curriculum.
Whenever an instructional District facility is used for a school-sponsored or school-approved curricular or extracurricular event or activity and whenever a school-sponsored athletic contest is held at any location, the public school officials and administrators responsible for such school facility or athletic contest shall ensure that AED equipment is provided on-site and that there is present during such event, activity or contest at least one staff person who is trained in accordance with Public Health Law in the operation and use of an AED. School-sponsored or school-approved curricular or extracurricular events or activities mean events or activities of the District that are, respectively, associated with its instructional curriculum or otherwise offered to its students. A school-sponsored athletic contest means an extraclass intramural athletic activity of instruction, practice and competition for students in grades 4 through 12 consistent with Commissioner’s regulations Section 135.4.
Where a school-sponsored competitive athletic event is held at a site other than a District facility, District officials shall assure that AED equipment is provided on-site by the sponsoring or host district and that at least one staff person who is trained, in accordance with Public Health Law, in the operation and use of the AED is present during such athletic event. A school-sponsored competitive athletic event means an extraclass interscholastic athletic activity of instruction, practice and competition for students in grades 7 through 12 consistent with Commissioner’s regulations Section 135.4.
District facilities and District staff responsible for carrying out the duties enumerated in Education Law Section 917 are deemed a “public access defibrillation provider” as defined in accordance with Public Health Law Section 3000-b and subject to the Public Health Law requirements and limitations.
Therefore, it is the policy of our District to provide proper training requirements for District AED users, to ensure the immediate calling of 911 and/or the community equivalent ambulance dispatch entity whenever the AED is used, to ensure ready identification of the location of the AED units as enumerated in the District’s Public Access Defibrillation Collaborative Agreement.
The District will provide for regular maintenance and checkout procedures of the AED unit(s) which meet or exceed manufacturer’s recommendations. Appropriate documentation will be maintained in accordance with law and/or regulation. Further, the District will participate in the required Quality Improvement Program as determined by the Regional Emergency Medical Services Council.
The District shall post a sign or notice at the main entrance to the facility or building in which the AED unit(s) is stored, indicating the exact location where the unit(s) is stored or maintained on a regular basis.
In accordance with Public Health Law Sections 3000-a and 3000-b, the District (as a public access defibrillation provider), or any employee or other agent of the District who, in accordance with the provisions of law, voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED to a person who is unconscious, ill or injured, shall not be liable for damages for injury or death unless caused by gross negligence.
Education Law Section 917
Public Health Law Sections 3000-a and 3000-b
8 NYCRR Sections 135.4 and 136.4
Adopted: 7/1/13
5683 FIRE AND EMERGENCY DRILLS, BOMB THREATS, AND BUS EMERGENCY DRILLS
Fire and Emergency Drills
The administration of each school building will instruct and train students on appropriate emergency responses, through fire and emergency drills, in the event of a sudden emergency.
Fire and emergency drills will be held at least 12 times in each school year and will be completed by December 31. Eight of all drills will be evacuation drills, four of these eight required drills will be through use of the fire escapes on buildings where fire escapes are provided or identified secondary exits. The other four drills will be lock-down drills. Drills will be conducted at different times of the school day. Students will also be instructed in the procedures to be followed in the event that a fire occurs during the regular school lunch period or assembly, however, this additional instruction may be waived if a drill is held during the regular lunch period or assembly.
Summer School
At least two additional drills will be held during summer school in buildings where summer school is held, and one of these drills will be held during the first week of summer school.
After-School Programs, Events, or Performances
The building principal or designee will require those in charge of after-school programs, events, or performances attended by any individuals unfamiliar with that school building, to announce at the beginning of these programs the procedures to be followed in the event of an emergency.
Bomb Threats
School Bomb Threats
A bomb threat, even if later determined to be a hoax, is a criminal act. No bomb threat should be treated as a hoax when it is first received. Upon receiving any bomb threat, the school has an obligation and responsibility to ensure the safety and protection of the students and other occupants of the school. This obligation takes precedence over a search for a suspect object. Prudent action is dependent upon known information about the bomb threat-location, if any; time of detonation; etc. Specific procedures as to appropriate responses as a result of a bomb threat can be located in the building-level emergency response plan, as required by relevant law and regulation.
Police Notification and Investigation
Appropriate law enforcement agencies must be notified by the building administrator or designee of any bomb threat as soon as possible after receiving the threat. Law enforcement officials will contact, as the situation requires, fire and/or county emergency coordinators according to the county emergency plan.
Implementation
The Superintendent or designee will develop written procedures to implement the terms of this policy. Additionally, these procedures will be incorporated in the District-wide school safety plan and the building-level emergency response plan, with provisions to provide written information to all staff and students regarding emergency procedures by October 1 of each school year, an annual drill to test the emergency response procedures under each of its building-level emergency response plans; and the annual review of the District-wide and building-level emergency response plans, along with updates as necessary, by September 1, as mandated by law or regulation.
Bus Emergency Drills
The administration will conduct a minimum of three emergency drills to be held on each school bus during the school year. The first drill will be conducted during the first seven days of school, the second drill between November 1 and December 31, and the third drill between March 1 and April 30. No drills will be conducted when buses are on routes.
Students who ordinarily walk to school will also be included in the drills. Students attending public and nonpublic schools who do not participate in regularly scheduled drills will also be provided drills on school buses, or as an alternative, will be provided classroom instruction covering the content of these drills.
Each drill will include practice and instruction in the location, use, and operation of the emergency door, fire extinguishers, first-aid equipment, and windows as a means of escape in the event of fire or accident. Similarly, students will be instructed on all topics mandated by relevant sections of the Education Law and Commissioner’s regulations, including, but not limited to, the following:
a) Safe boarding and exiting procedures with specific emphasis on when and how to approach, board, disembark, and move away from the bus after disembarking;
b) Advancing at least ten feet in front of the bus before crossing the highway after disembarking; and
c) Orderly conduct as bus passengers.
Instruction on Use of Seat Belts
When students are transported on school buses equipped with seat safety belts, the District will ensure that all students who are transported on any school bus owned, leased, or contracted for by the District will receive instruction on the use of seat safety belts. This instruction will be provided at least three times each year to both public and nonpublic school students who are so transported and will include, but not be limited to:
a) Proper fastening and release of seat safety belts;
b) Acceptable placement of seat safety belts on students;
c) Times at which the seat safety belts should be fastened and released; and
d) Acceptable placement of the seat safety belts when not in use.
Education Law §§ 807, 2801-a and 3623
Penal Law §§ 240.55, 240.60 and 240.62
8 NYCRR §§ 155.17, 156.3(f), 156.3(g), and 156.3(h)(2)
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
5684 USE OF SURVEILLANCE CAMERAS IN THE DISTRICT AND ON SCHOOL BUSES
It is the Board’s responsibility to ensure the safety of the District’s students, staff, facilities, and property. While the Board recognizes the importance of privacy, it has authorized the use of surveillance cameras on District property including in school buildings, school facilities, as well as on school buses, when necessary. These surveillance cameras will help to assist the Board in maintaining the overall safety and welfare of the District’s students, staff, property, and visitors, as well as to deter theft, violence, and other criminal activities.
Further, surveillance cameras will only be placed in public or common areas, such as stairwells, hallways, cafeterias, parking lots, or playgrounds, and not in private areas such as locker rooms, bathrooms, or other areas in which individuals have a reasonable expectation of privacy. Audio recordings will not be utilized by the District officials, however, this prohibition may not preclude the use of audio recordings by law enforcement officials in accordance with their official duties or as otherwise authorized by law.
Disciplinary Proceedings
Video recordings or footage from District surveillance cameras may be used in student or employee disciplinary proceedings, as appropriate.
Signage/Notification
The District will place signage at entrances to the school campus or at major entrances into school buildings notifying students, staff, as well as any visitors of the District’s use of surveillance cameras. Students and staff will also receive additional notification, as deemed appropriate by the Superintendent, regarding the use of its surveillance cameras through means such as publication in the District calendar, employee handbook, and/or the student handbook.
Maintenance of Video Recordings
Any video surveillance recording in the schools, on school buses, or on school property, on tape, CD, or digitally, will be the sole property of the District and stored in its original form and in a secure location to avoid tampering and also to ensure its confidentiality in accordance with relevant law and regulations.
In addition, to the extent that any video images create student or personnel records, the District will comply with all applicable state and federal laws related to record retention, record maintenance, and record disclosure, including the Family Educational Rights and Privacy Act (“FERPA”).
Adopted: 1/4/17
5690 EXPOSURE CONTROL PROGRAM
The District shall establish an exposure control program designed to prevent and control exposure to bloodborne pathogens. According to the New York State Department of Labor’s Division of Safety and Health and Occupational Safety and Health Administration (OSHA) standards, the program shall consist of:
a) Guidelines for maintaining a safe, healthy school environment to be followed by staff and students alike.
b) Written standard operating procedures for blood/body fluid clean-up.
c) Appropriate staff education/training.
d) Evaluation of training objectives.
e) Documentation of training and any incident of exposure to blood/body fluids.
f) A program of medical management to prevent or reduce the risk of pathogens, specifically hepatitis B and Human Immunodeficiency Virus (HIV).
g) Written procedures for the disposal of medical waste.
h) Provision of protective materials and equipment for all employees who perform job-related tasks involving exposure or potential exposure to blood, body fluids or tissues.
29 CFR Section 1910.1030
Adopted: 7/1/13
5691 COMMUNICABLE DISEASES
Whenever, upon investigation and evaluation by the Director of School Health Services or other health professionals acting upon direction or referral of the director, a student in the public schools shows symptoms of any communicable or infectious disease reportable under the public health law that imposes a significant risk of infection of others in the school, he or she shall be excluded from the school and sent home immediately, in a safe and proper conveyance. The Director of School Health Services shall immediately notify a local public health agency of any disease reportable under the public health law.
Following absence on account of illness or from unknown cause, the Director of School Health Services may examine each student returning to a school without a certificate from a local public health officer, a duly licensed physician, physician assistant, or nurse practitioner.
The Director of School Health Services, or other health professionals acting upon direction or referral of the director, may make evaluations of teachers and any other school employees, school buildings and premises as, in their discretion, they may deem necessary to protect the health of the students and staff.
Regulations and procedures will be developed for dealing with communicable diseases (including, but not limited to, pandemic flu) in ways that protect the health of both students and staff while minimizing the disruption of the education process.
Education Law Section 906
8 NYCRR Sections 136.3(h) and 136.3(i)
Adopted: 7/1/13
5692 HUMAN IMMUNODEFICIENCY VIRUS (HIV) RELATED ILLNESSES
The Board contends that a student shall not be denied the right to attend school or continue his or her education nor shall an employee be denied the right to continue his or her employment who has been diagnosed or identified as having a positive blood test for the antibodies to the Human Immunodeficiency Virus (HIV). The Board further contends that under current law and regulations, the disclosure of confidential HIV-related information shall be strictly limited.
Administrative regulations and procedures shall be developed and implemented by the administration based on recommendations from the New York State Education Department and from consultation with appropriate professional and medical staff in the District.
The Superintendent shall also establish protocols for routine sanitary procedures for dealing with the cleaning and handling of body fluids in school, with special emphasis placed on staff awareness.
Public Health Law Article 27-F
Adopted: 7/1/13
5710 TRANSPORTATION PROGRAM
It is the intent of the Board to comply with the letter and spirit of the New York State Education Law; with the regulations of the Department of Motor Vehicles and of the Department of Transportation and with the Commissioner of Education’s regulations and decisions pertinent to student transportation, and these shall govern any questions not covered by specific declaration of policy herein.
The purposes of the transportation program are to transport students to and from school, to transport them for extracurricular activities, to transport them on field trips, and to transport those requiring special services.
The Board recognizes and assumes the responsibility for all aspects of the transportation of children wherein the health and safety of students are involved, for the Board has a legal obligation to safeguard the welfare of bus-riding children.
Scheduling and Routing
Bus routes are authorized by the Board and any requests for a change must be submitted to the Superintendent or designee.
Transportation services shall be provided to meet the needs of the students of the District within specified limits and areas established by the Board.
Use of Buses by Community Groups
Upon formal application to and approval by the Board buses may be rented or leased to a municipal corporation; to any senior citizen center recognized and funded by the Office for the Aging; to any not-for-profit organization serving those with disabilities; or, to any not-for-profit organization which provides recreational youth services or neighborhood recreation centers. Such rentals/leases can be made only for times when vehicles are not needed for student transport and must be made for a consideration acceptable to the Board which shall not be less than the full amount of the costs and expenses resulting from the lease or rental.
Education Law Sections 1501-b, 3602(7), 3620-3628, 3635 and 3636
NOTE: Refer also to Policy #7131 — Education of Homeless Children and Youth
Adopted: 7/1/13
5720 TRANSPORTATION OF STUDENTS
Transportation to Child Care Locations
The District shall provide transportation to any child attending grades Kindergarten through eight between the school a child legally attends and a child care location within the District. Transportation before and/or after school requires a written request from a parent or legal guardian by April 1 preceding the next school year or within 30 days after establishing residence in the District.
The provision of transportation shall be offered equally to all children in similar circumstances residing in the District.
Requests for Transportation to and from Nonpublic Schools
The parent or person in parental relation of a parochial or private school child residing in the District who desires that the child be transported to a parochial or private school outside of the District during the next school year should submit a written request to the Board no later than April 1 of the preceding year, or within 30 days of moving into the District. The District will publish the April date in its school calendar and/or local newspaper as a reminder to parents of this deadline. Late requests will not be denied where a reasonable explanation is provided for the delay.
Transportation to Nonpublic Schools on Holidays
The District will share its calendar and start and dismissal times with nonpublic schools before the start of the school year. The District is not required to provide transportation to nonpublic schools on days on which the District’s schools are not in session.
Transportation for Nonpublic School Students with Disabilities who are Parentally-Placed
For students with disabilities (ages 5 through 21) who are parentally placed in nonpublic schools outside their district of residency, if special education services are to be provided to a student at a site other than the nonpublic school, the school district of location is responsible for providing the special education services, including, as applicable, arranging and providing transportation necessary for the student to receive special education services.
The school district of residence remains responsible to provide transportation to parentally placed nonpublic school students from the student’s home to the nonpublic school.
Transportation of Students with Disabilities
Students with disabilities in the District will be transported up to 50 miles (one way) from their home to the appropriate special service or program, unless the Commissioner certifies that no appropriate nonresidential special service or program is available within 50 miles. The Commissioner may then establish transportation arrangements.
Student Information
Upon written consent of the parent or person in parental relation, every school bus which is used to regularly transport students with disabilities will maintain the following information about each student with a disability being transported:
a) Student’s name;
b) Nature of the student’s disability;
c) Name of the student’s parent, guardian or person in parental relation and one or more telephone numbers where that person can be reached in an emergency; and/or
d) Name and telephone number of any other person designated by such parent, guardian or person in parental relation as a person who can be contacted in an emergency.
This information will be used solely for the purpose of contacting the student’s parent, guardian, person in parental relation, or designee in the event of an emergency involving the student, will be kept in a manner which retains the privacy of the student, and will not be accessible to any person other than the driver or a teacher acting in a supervisory capacity. In the event that the driver or teacher is incapacitated, such information may be accessed by any emergency service provider for such purpose.
This information will be updated as needed, but at least once each school year and will be destroyed if parental consent is revoked, the student no longer attends the school, or the disability no longer exists.
Fire Extinguishers
School buses manufactured on or after January 1, 1990 fueled with other than diesel fuel and used to transport three or more students who use wheelchairs or other assistive mobility devices or with a total capacity of more than eight passengers and used to transport such students will be equipped with an engine fire suppression system.
School buses manufactured on or after September 1, 2007 fueled with diesel fuel and used to transport three or more students who use wheelchairs or other assistive mobility devices or with a total capacity of more than eight passengers and used to transport such students will be equipped with an engine fire suppression system.
School buses will also be equipped with at least one hand fire extinguisher in the event of an emergency.
Transportation of Non-Resident Students
Non-resident families must provide their own transportation.
Transportation to School Sponsored Events
Where the District has provided transportation to students enrolled in the District to a school sponsored field trip, extracurricular activity, or any other similar event, it will also provide transportation back to either the point of departure or to the appropriate school in the District unless a student’s parent or legal guardian has provided the District with written notice, consistent with District policy, authorizing an alternative form of return transportation for the student. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the District impractical, and the parent has not authorized alternative return transportation, a representative of the District will remain with the student until the student’s parent or legal guardian has been contacted and informed of the intervening circumstances and the student has been delivered to his or her parent.
Transportation in Personal Vehicles
Personal cars of teachers and staff will not be used to transport students except in the event of extenuating circumstances and authorized by the administration.
Education Law Sections 1604, 1709, 1804, 1903, 1950, 2503, 2554, 2590-e, 3242, 3602-c, 3621(15),
3623-a(2c), 3635, 4401-a, 4401(4), 4402, 4404, 4405, and 4410-6
Vehicle and Traffic Law Section 375(20)(1) and 375(21-i)
NOTE: Refer also to Policy #7131 — Education of Homeless Children and Youth
Adopted: 7/1/13
Revised: 1/4/17
5730 SCHOOL BUS SAFETY PROGRAM
The safe transportation of students to and from school is of primary concern in the administration of the school bus program. All state laws and regulations pertaining to the safe use of school buses shall be observed by drivers, students and school personnel.
To assure the safety and security of students boarding or exiting school buses on school property, it shall be unlawful for a driver of a vehicle to pass a stopped school bus when the red bus signal is in operation.
Use of Cell Phones and Portable Electronic Devices Prohibited
Use of portable electronic devices by a school bus driver at times the vehicle is in operation on the roadway poses a potential safety risk. All school bus drivers are prohibited from using portable electronic devices while the bus is in operation and students are on the bus.
Personal cell phones are to be placed in the “off” position when in the possession of the school bus driver while the bus is in operation. Cell phones may be used in case of emergency.
The following terms are defined as:
a) “Portable electronic device” shall mean any mobile telephone (hand held or “hands free”), personal digital assistant (PDA), portable device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device.
b) “Using” shall mean holding a portable electronic device while viewing, taking or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving email, text messages, or other electronic data.
c) “In operation” shall mean that the bus engine is running, whether in motion or not.
The Transportation Supervisor, in cooperation with the principals, has the responsibility of developing and publishing safety rules to be followed by drivers and passengers, including rules of student conduct. In order to ensure maximum safety to those riding school buses, it is necessary that students and drivers cooperate in this effort. There is no substitute for training to develop safe habits in pedestrian and vehicular traffic.
All buses and other vehicles owned and operated by the District will have frequent safety inspections, and will be serviced regularly. The Transportation Supervisor will maintain a comprehensive record of all maintenance performed on each vehicle.
Every bus driver is required to report promptly any school bus accident involving death, injury, or property damage. All accidents, regardless of damage involved, must be reported at once to the Transportation Supervisor.
Education Law Section 3623
Vehicle and Traffic Law Sections 509-a(7), 509-1(1-b), 1174(a) and 1174(b)
8 NYCRR Section 156.3
NOTE: Refer also to Policies #5683 — Fire and Emergency Drills, Bomb Threats and Bus Emergency Drills
#5741 — Drug and Alcohol Testing for School Bus Drivers and Other
Safety-Sensitive Employees
Adopted: 7/1/13
Revised: 8/7/14
5731 IDLING SCHOOL BUSES ON SCHOOL GROUNDS
The Board recognizes the need to promote the health and safety of District students and staff and to protect the environment from harmful emissions found in bus and vehicle exhaust. In accordance with Education Law and Commissioner’s regulations, the District will minimize, to the extent practicable, the idling of all school buses and other vehicles owned or leased by the District while such bus or vehicle is parked or standing on school grounds or in the front of any school. This policy also applies to contractor owned and operated school buses under contract with the District.
The District shall ensure that each driver of a school bus or other vehicle owned, leased or contracted for by the District turn off the engine of the bus or vehicle while waiting for passengers to load or off load on school grounds, or while such vehicle is parked or standing on school grounds or in front of or adjacent to any school.
Exceptions
Unless otherwise required by State or local law, the idling of a school bus or vehicle engine may be permitted to the extent necessary to achieve the following purposes:
a) For mechanical work; or
b) To maintain an appropriate temperature for passenger comfort; or
c) In emergency evacuations where necessary to operate wheelchair lifts.
Private Vendor Transportation Contracts
All contracts for pupil transportation services between the District and a private vendor that are entered into on or after August 21, 2008, shall include a provision requiring such vendor’s compliance with the provisions of reducing idling in accordance with Commissioner’s Regulations Section 156.3(h).
Education Law Section 3637
Vehicle and Traffic Law Section 142
8 NYCRR Section 156.3(h)
Adopted: 7/1/13
5740 QUALIFICATIONS OF BUS DRIVERS
A person shall be qualified to operate a bus only if such person:
a) Is at least 21 years of age;
b) Has been issued a currently valid operator’s or commercial driver’s license which is valid for the operation of a bus in New York State;
c) Has passed the annual bus driver physical examination administered in accordance with Regulations of the Commissioner of Education and the Commissioner of Motor Vehicles. In no case shall the interval between physical examinations exceed a 13 month period;
d) Is not disqualified to drive a motor vehicle under Vehicle and Traffic Law Sections 509-c and 509-cc and any other provisions of Article 19-A;
e) Has on file at least three statements from three different persons who are not related to the driver/applicant pertaining to the moral character and to the reliability of such driver/applicant;
f) Has completed, or is scheduled to complete, State Education Department safety programs as required by law;
g) Is in compliance with federal law and regulations, as well as District policy and/or regulations, as it pertains to meeting the standards governing alcohol and controlled substance testing of bus drivers if and when applicable;
h) Has taken and passed a physical performance test at least once every two years and/or following an absence from service of 60 or more consecutive days from his or her scheduled work duties; and
i) Is in compliance with all other laws and regulations for operating a school bus, including licensing and training requirements.
Special Requirements For New Bus Drivers
Before employing a new bus driver, the Superintendent or designee shall:
a) Require such person to pass a physical examination within four weeks prior to the beginning of service;
b) Obtain a driving record from the appropriate agency in every state in which the person resided, worked, and/or held a driver’s license or learner’s permit during the preceding three years;
c) Investigate the person’s employment record during the preceding three years;
d) Require such person to submit to the mandated fingerprinting procedures/criminal history background check;
e) Request the Department of Motor Vehicles to initiate a driving record abstract check; and
f) Require that newly hired bus drivers take and pass the physical performance test, as mandated by Commissioner’s regulations, before they transport students.
Occasional Drivers
Under Commissioner’s regulations, an occasional driver is defined as a certified teacher employed by a school district or Board of Cooperative Educational Services (BOCES) who is not primarily employed as a school bus driver or substitute bus driver on either a full-time or part-time basis. Occasional drivers used for other than regular routes are not required to fulfill the training required for regular school bus drivers.
Omnibus Transportation Employee Testing Act of 1991, (Public Law 102-143)
49 USC Section 521(b)
49 CFR Parts 40, 382, 391, 392 and 395
Education Law Section 3624
Vehicle and Traffic Law Sections 509-c, 509-cc and Article 19-A
8 NYCRR Section 156.3
15 NYCRR Part 6
NOTE: Refer also to Policy #5741 — Drug and Alcohol Testing For School Bus Drivers and Other Safety-Sensitive Employees
Adopted: 7/1/13
5741 DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS AND OTHER SAFETY-SENSITIVE EMPLOYEES
In accordance with federal regulations, employees in safety-sens itive positions as defined m regulations who are required to have and use a commercial drivers license (CDL), are subject to random testing for alcohol, marijuana, cocaine, amphetamines, opioids, and phencyclidine (PCP). The District shall adhere to federal law and regulations requiring the implementation of a drug and alcohol testing program for such employees in safety-sensitive positions.
The District shall either establish and manage its own program, by contract, or through a consortium for the provision of alcohol and drug testing of employees in safety-sensitive positions. Safety-sensitive employees (SSEs). including school bus drivers and other employees, who drive a vehicle which is designed to transport 16 or more passengers (including the driver), shall be subject to this requirement.
Federal regulations require that school bus drivers and other SSEs be tested for alcohol and drugs at the following times:
a) Drug and alcohol testing will be conducted after an offer to hire, but before actually performing safety-sensitive functions for the first time. Such pre-employment testing will also be required when employees transfer to a safety-sensitive position.
b) Safety-sensitive employees are also subject to a random drug and/or alcohol test on an unannounced basis just before, during or just after performance of safety-sensitive functions.
c) In addition, testing will be ordered if a trained supervisor has a “reasonable suspicion” that an employee has engaged in prohibited use of drugs and/or alcohol.
d) There will also be post-accident testing conducted after accidents on employees whose performance could have contributed to the accidents.
e) Finally, return-to-duty and follow-up testing will be conducted when an individual who has violated the prohibited alcohol and/or drug conduct standards returns to performing safety sensitive duties. Follow-up tests are unannounced and at least six tests must be conducted in the first 12 months after an employee returns to duty. Follow-up testing may be extended for up to 60 months following return-to-duty.
All employee drug and alcohol testing will be kept confidential and shall only be revealed without the driver’s consent to the employer, a substance abuse professional, drug testing laboratory, medical review officer and any other individual designated by law. ·
The following alcohol and controlled substance-related activities are prohibited by the Federal Highway Administration’s drug use and alcohol misuse rules for drivers of commercial motor vehicles and other SSEs:
a) Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater. If testing shows an alcohol concentration of 0.02 or greater but less than 0.04, the employee must be removed from performing safety sensitive activities for 24 hours, but no punitive action will be taken by the employer.
b) Being on duty or operating a commercial motor vehicle (CMV) while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.
c) Using alcohol while performing safety-sensitive functions.
d) New York State law prohibits using alcohol six hours or less before duty. (The District prohibits using alcohol eight hours or less before duty).
e) When required to take a post-accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
f) Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion or follow . up testing requirements.
g) Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the SSE uses any controlled substance. This prohibition does not apply when instructed by a physician who has advised the SSE that the substance docs not adversely affect the SSE’s ability to safely operate a CMV.
h) Reporting for duty, remaining on duty or performing a safety-sensitive function, if the SSE tests positive for controlled substances.
Drivers and other SSEs who are known to have engaged in prohibited behavior with regard to alcohol misuse or use of controlled substances are subject to disciplinary action and penalties in accordance with District policy and collective bargaining agreements, as well as the sanctions provided for in federal law. SSEs who have engaged in such prohibited behavior shall not be allowed to perform safety-sensitive functions until they are:
a) Evaluated by a substance abuse professional (SAP).
b) Complete any requirements for rehabilitation as set by the District and the SAP.
c) Pass a return-to-duty test with the result below 0.02 if the conduct involved alcohol, or a controlled substance test with a verified negative result if the conduct involved controlled substance use.
d) The SSE shall also be subject to unannounced follow-up alcohol and controlled substance testing. The number and frequency of such follow-up testing shall be as directed by the SAP, and consist of at least six tests in the first 12 months.
The Superintendent shall ensure that each SSE receives a copy of District policy, educational materials that explain the requirements of the alcohol and drug testing regulations, and any regulations and/or procedures developed by the District with respect to meeting those requirements. The Superintendent or designee shall ensure that a copy of these materials is distributed to each SSE, who shall sign for receipt of all of the above documents, as well as other appropriate personnel, prior to the start of alcohol and controlled substance testing as well as at the beginning of each school year or at the time of hire for any safety-sensitive employees. Representatives of applicable collective bargaining units shall be notified of the availability of this information.
The Superintendent or designee shall arrange for training of all supervisors who may be utilized to determine whether “reasonable suspicion” exists to test a driver for prohibited conduct involving alcohol or controlled substance use/abuse.
Any violation of this policy and/or District procedures, and applicable federal and state laws by a covered employee shall be grounds for disciplinary action including, but not limited to, fines, suspension, and/or discharge in a manner consistent with District policy, collective bargaining agreements and applicable law.
Omnibus Transportation Employee Testing Act of 1991 (Public Law 102-143) 49 USC Sections 31136 and 31306
49 CFR Parts 40, 172, 382, 383, 391, 392 and 395
Vehicle and Traffic Law Section 509-L
Adopted: 7/1/ 13
Revised: 11/7/16
6000 Personnel
PERSONNEL
- 1.1 Code of Ethics for Board Members and All District Personnel……………. 6110
- 1.1.1 Testing Misconduct and Mandatory Reporting Requirements………… 6111
- 1.2 Equal Employment Opportunity …………………………………………………………………. 6120
- 1.2.1 Sexual Harassment of District Personnel ……………………………………………. 6121
- 1.2.2 Employee Grievances……………………………………………………………………… 6122
- 1.3 Evaluation of Personnel …………………………………………………………………………….. 6130
- 1.4 Employee Medical Examinations………………………………………………………………… 6140
- 1.5 Alcohol, Drugs and Other Substances (School Personnel)………………… 6150
- 1.5.1 Drug-Free Workplace……………………………………………………………………… 6151
- 1.6 Professional Growth/Staff Development …………………………………… 6160
- 1.6.1 Conference/Travel Expense Reimbursement ………………………………………. 6161
- 1.7 Fingerprinting Clearance of New Hires………………………………………………………… 6170
- 1.7.1 Safe Mentoring Act………………………………………………………………………… 6171
- 1.8 Staff-Student Relations (Fraternization)……………………………………………………….. 6180
CERTIFIED PERSONNEL
- 2.1 Certified Personnel …………………………………………………………………………………… 6210
- 2.1.1 Employment of Relatives of Board of Education Members ……. 6211
- 2.1.2 Certification and Qualifications………………………………………………………… 6212
- 2.1.3 Registration and Professional Development ……………………………………….. 6213
- 2.1.4 Incidental Teaching………………………………………………………………………… 6214
- 2.1.5 Probation and Tenure ……………………………………………………………………… 6215
- 2.1.6 Disciplining of a Tenured Teacher or Certified Personnel ………….. 6216
- 2.1.7 Professional Staff: Separation………………………………………………………….. 6217
- 2.2 Temporary Personnel………………………………………………………………………………… 6220
SUPPORT STAFF
- 3.1 Appointment – Support Staff………………………………………………………………………. 6310
- 3.2 Supplementary School Personnel………………………………………………………………… 6320
- 3.2.1 School Bus Monitors and Attendants…………………………………………………. 6321
ACTIVITIES
- 4.1 Staff Use of Computerized Information Resources …………………….. 6410
- 4.1.1 Use of Email in the School District …………………………………………………… 6411
- 4.2 Employee Personnel Records and Release of Information………………… 6420
- 4.3 Employee Activities …………………………………………………………………………………. 6430
- 4.5 Theft of Services or Property……………………………………………………………………… 6450
- 4.6 Jury Duty………………………………………………………………………………………………… 6460
- 4.7 Staff Members’ Use of Cellular Telephones ………………………………. 6470
COMPENSATION AND RELATED BENEFITS
- 5.1 Health Insurance………………………………………………………………………………………. 6510
- 5.3 Employee Assistance Program (EAP)………………………………………………………….. 6530
- 5.4 Defense and Indemnification of Board Members and Employees……. 6540
- 5.5 Leaves of Absence……………………………………………………………………………………. 6550
- 5.5.1 Family and Medical Leave Act…………………………………………………………. 6551
- 5.5.2 Uniformed Services Employment and Reemployment Rights Act
(USERRA)/Military Leaves of Absence…………………………………………….. 6552 - 5.6 Determination of Employment Status: Employee or Independent Contractor …… 6560
- 5.6.1 Professional Services Providers………………………………………………………… 6561
- 5.6.2 Employment of Retired Persons ……………………………………………………….. 6562
6110 CODE OF ETHICS FOR BOARD MEMBERS AND ALL DISTRICT
PERSONNEL
General Provisions
Officers and employees of the District hold their positions to serve and benefit the public, and not to obtain unwarranted personal or private gain in the exercise of their official powers and duties. The Board recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. This policy establishes those standards.
The provisions of this policy are intended to supplement Article 18 of General Municipal Law Sections and any other law relating to ethical conduct of District Officers and employees, and should not be construed to conflict with those authorities.
Standards of Conduct
The following rules and standards of conduct apply to all officers, including Board members, and employees of the District.
Gifts
No person may directly or indirectly solicit, accept, or receive any gift having a value of $75 or more under circumstances in which it could reasonably be inferred that the gift was intended or expected to influence the individual in the performance of his or her official duties or was intended as a reward for any official action on the part of the individual. This prohibition applies to any gift, including money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form.
Confidential Information
No person may disclose confidential information acquired by him or her in the course of his or her official duties or use this information to further his or her personal interests.
Conflicts of Interest
Except as permitted by law, no person may have an interest in any contract with the District when he or she, individually, or as a member of the Board, has the power or duty to: negotiate, prepare, authorize, or approve the contract or authorize or approve payment under the contract; audit bills or claims under the contract; or appoint an officer or employee who has any of these powers or duties.
Likewise, unless permitted by law, no chief fiscal officer, treasurer, or his or her deputy or employee, may have an interest in a bank or trust company designated as a depository, paying agent, registration agent, or for investment of funds of the District.
No employee, officer, or agent will participate in selecting, awarding, or administering a contract supported by a federal award if he or she has a real or apparent conflict of interest. These conflicts could arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of these parties has a financial or other interest in or a tangible personal interest benefit from a firm considered for a contract. The employees, officers, and agents must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The District may, however, set standards for situations where the financial interest is not substantial or the gift is an unsolicited item of nominal value.
“Interest,” as used in this policy, means a direct or indirect pecuniary or material benefit accruing to a District Officer or employee as the result of a contract with the District. A District Officer or employee will be considered to have an interest in the contract of: his or her spouse, minor children and dependents, except a contract of employment with the District; a firm, partnership or association of which he or she is a member or employee; a corporation of which he or she is an officer, director or employee; and a corporation any stock of which is owned or controlled directly or indirectly by him or her.
The provisions of the preceding four paragraphs should not be construed to preclude the payment of lawful compensation and necessary expenses of any District Officer or employee in one or more positions of public employment, the holding of which is not prohibited by law.
Representing Others in Matters Before the District
No person may receive, or enter into any agreement, express or implied, for compensation for services rendered in relation to any matter before the District. Likewise, no one may receive, or enter into any agreement, express or implied, for compensation for services rendered in relation to any matter before the District, where the individual’s compensation is contingent upon any action by the District with respect to the matter.
Disclosure of Interest in Contracts and Resolutions
Any District Officer or employee who has, will have, or later acquires an interest in or whose spouse has, will have or later acquires an interest in any actual or proposed contract, purchase agreement, lease agreement, or other agreement, including oral agreements, with the District must publicly disclose the nature and extent of that interest in writing. The disclosure must be made when the officer or employee first acquires knowledge of the actual or prospective interest, and must be filed with the person’s immediate supervisor and the Board. Any written disclosure will be made part of and included in the official minutes of the relevant Board meeting.
Investments in Conflict with Official Duties
No person may invest or hold any investment directly or indirectly in any financial, business, commercial, or other private transaction, that creates a conflict with his or her official duties, or that would otherwise impair his or her independence of judgment in the exercise or performance of his or her official powers or duties.
Private Employment
No person may engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.
Future Employment
No person may, after the termination of service or employment with the District, appear before the District on behalf of his or her employer in relation to any case, proceeding, or application in which he or she personally participated during the period of his or her service or employment with the District or which was under his or her active consideration while he or she was with the District.
Notice of Code of Ethics and General Municipal Law Sections 800-809
The Superintendent will ensure that a copy of this code of ethics is distributed to every District Officer and employee, and that a copy of General Municipal Law Sections 800-809 is posted conspicuously in each District building. The failure to distribute this code of ethics or to post General Municipal Law Sections 800-809 will have no effect on either the duty of District Officers and employees to comply with their provisions, or the ability of the District or other relevant authorities to enforce them.
Penalties
Any person who knowingly or intentionally violates any of the provisions of this policy may be fined, suspended, removed from office or employment, or subject to additional or other penalties as provided by law.
Education Law § 410
General Municipal Law Article 18 and §§ 800-809
2 CFR § 200.318(c)(1)
Adopted: 7/1/13
Revised: 1/4/17
6111 TESTING MISCONDUCT AND MANDATORY REPORTING
REQUIREMENTS
District employees are expressly prohibited from: engaging in testing misconduct, as that term is described in the Commissioner’s regulations; assisting in the engagement of, or soliciting another to engage in testing misconduct; and/or the knowing failure to report testing misconduct. When committed by an employee of the District in a position for which a teaching or school leader certificate is required, these actions or inactions will be deemed to raise a reasonable question of moral character under Part 83 of the Commissioner’s regulations. A District employee in a position for which a teaching or school leader certificate is not required, who commits an unlawful act in respect to examination and records, will be subject to disciplinary action by the Board in a manner consistent with New York State law and regulation.
District employees will report to the SED any known incident of testing misconduct by a certified educator or any known conduct by a non-certified individual involved in the handling, administration, or scoring of state assessments in violation of New York State law. This report will be made in accordance with directions and procedures established by the Commissioner for the purpose of maintaining the security and confidential integrity of State assessments.
The District will not dismiss or take other disciplinary or adverse action against an employee because he or she submitted a report regarding testing misconduct to the SED. Any adverse action by an individual holding a teaching or school leader certificate will be deemed to raise a reasonable question of moral character under Part 83 of the Commissioner’s regulations and may be referred to the Office of School Personnel Review and Accountability at the SED.
8 NYCRR § 102.4
Adopted: 1/4/17
6120 EQUAL EMPLOYMENT OPPORTUNITY
The Oppenheim-Ephratah-St. Johnsville Central School District is an equal opportunity employer and does not discriminate against any employee or applicant for employment in its programs and activities on the basis of race, color, national origin, sex, disability, or age. Further, the District does not discriminate on the basis of religion or creed, sexual orientation, military status, genetic status, marital status, domestic violence victim status, criminal arrest or conviction record, or any other basis prohibited by state or federal non-discrimination laws.
Investigation of Complaints and Grievances
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination, and will promptly take appropriate action to protect individuals from further discrimination. All such complaints will be handled in a manner consistent with the District’s policies, procedures, and/or regulations regarding the investigation of discrimination and harassment complaints, including Policy #3420 — Non-Discrimination and Anti-Harassment in the District; Policy #6121 — Sexual Harassment of District Personnel and Policy #6122 — Employee Grievances.
Additional information regarding the District’s discrimination and harassment complaint and grievance procedures, including but not limited to the designation of the Civil Rights Compliance Officer, knowingly making false accusations, and possible corrective actions, can be found in Policy #3420 — Non-Discrimination and Anti-Harassment in the District.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
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. 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 has not resumed and that all those involved in the investigation of the discrimination have not suffered retaliation.
Age Discrimination in Employment Act, 29 USC Section 621
Americans with Disabilities Act, 42 USC Section 12101 et seq.
Genetic Information Non-Discrimination Act of 2008 (GINA) Public Law 110-233
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.
Civil Rights Law Section 40-c
Civil Service Law Section 75-B
Executive Law Section 290 et seq.
Military Law Sections 242 and 243
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
6121 SEXUAL HARASSMENT OF DISTRICT PERSONNEL
The District is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of the District’s commitment to a discrimination-free work environment. Sexual harassment is against the law and all employees have a legal right to a workplace free from sexual harassment and employees are urged to report sexual harassment by filing a complaint internally with the District. Employees can also file a complaint with a government agency or in court under federal, state or local antidiscrimination laws.
Policy:
1. The District’s policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors (1) and persons conducting business, regardless of immigration status, with the District. In the remainder of this document, the term “employee” or “employees” refers to this collective group.
(1) A contractor is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.
2. Sexual harassment will not be tolerated. Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination).
3. Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because he or she reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. The District will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of the District who retaliates against anyone involved in a sexual harassment investigation will be subjected
to disciplinary action, up to and including termination. All employees working in the workplace who believe they have been subject to such retaliation should inform the District’s Superintendent of Schools and/or the Title IX Coordinator(s) (“Compliance Officer(s)”) designated by the Board of Education. All employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.
4. Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject the District to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including administrators and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct.
5. The District will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. The District will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including administrators and supervisors, are required to cooperate with any internal investigation
of sexual harassment.
6. All employees are encouraged to report any harassment or behaviors that violate this policy. The District will provide all employees a complaint form for employees to report harassment and file complaints.
7. An administrator is required to report any complaint that they receive, or any harassment that they observe or become aware of, to the District’s Superintendent of Schools and/or the Compliance Officer(s).
What Is “Sexual Harassment”?
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.
Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
- Such conduct is made either explicitly or implicitly a term or condition of employment; or
- Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.
A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually
discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.
Any employee who feels harassed should report so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.
Examples of sexual harassment
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
- Physical acts of a sexual nature, such as:
- Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body or poking another employee’s body;
- Rape, sexual battery, molestation or attempts to commit these assaults.
- Unwanted sexual advances or propositions, such as:
- Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments;
- Subtle or obvious pressure for unwelcome sexual activities.
- Sexually oriented gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
- Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look.
- Sexual or discriminatory displays or publications anywhere in the workplace, such as:
- Displaying pictures, posters, calendars, graffiti, objects, promotional material,
reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
- Displaying pictures, posters, calendars, graffiti, objects, promotional material,
- Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
- Interfering with, destroying or damaging a person’s workstation, tools or
equipment, or otherwise interfering with the individual’s ability to perform the
job; - Sabotaging an individual’s work;
- Bullying, yelling, name-calling.
- Interfering with, destroying or damaging a person’s workstation, tools or
Who can be a target of sexual harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace.
Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.
Where can sexual harassment occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work
hours.
Retaliation
Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.”
Protected activity occurs when a person has:
- made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
- testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;
- opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing an administrator of harassment;
- reported that another employee has been sexually harassed; or
- encouraged a fellow employee to report harassment.
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
Reporting Sexual Harassment
Preventing sexual harassment is everyone’s responsibility. The District cannot prevent or remedy sexual harassment unless it knows about it. Any employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to the District’s Superintendent of Schools and/or Compliance Officer(s). Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to the District’s Superintendent of Schools and/or Compliance Officer(s).
Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee’s behalf.
Employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.
Supervisory Responsibilities
All administrators and supervisors who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to the District’s Superintendent of Schools and/or Compliance Officer(s).
In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, administrators and supervisors will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.
Administrators and supervisors will also be subject to discipline for engaging in any retaliation.
Complaint and Investigation of Sexual Harassment
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.
An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below,
to protect their rights to a fair and impartial investigation.
Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. The District will not tolerate retaliation against employees who file complaints, support another’s complaint or participate in an investigation regarding a violation of this policy.
While the process may vary from case to case, investigations should be done in accordance with the following steps:
- Upon receipt of complaint, the District’s Superintendent of Schools or the
Superintendent’s designee (or the Compliance Officer(s) or the Compliance Officer(s) designee if the complaint is about the Superintendent) will conduct an immediate review of the allegations, and take any interim actions (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate. If complaint is verbal, encourage the individual to complete the “Complaint Form” in writing. If he or she refuses, prepare a Complaint Form based on the verbal reporting. - If documents, emails or phone records are relevant to the investigation, take steps to obtain and preserve them.
- Request and review all relevant documents, including all electronic communications.
- Interview all parties involved, including any relevant witnesses;
- Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
- A list of all documents reviewed, along with a detailed summary of relevant
documents; - A list of names of those interviewed, along with a detailed summary of their
statements; - A timeline of events;
- A summary of prior relevant incidents, reported or unreported; and
- The basis for the decision and final resolution of the complaint, together with any corrective action(s).
- A list of all documents reviewed, along with a detailed summary of relevant
- Keep the written documentation and associated documents in a secure and confidential location.
- Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document.
- Inform the individual who reported of the right to file a complaint or charge externally as outlined in the next section.
Legal Protections and External Remedies
Sexual harassment is not only prohibited by the District, but is also prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at the District, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.
In addition to those outlined below, employees in certain industries may have additional legal protections.
State Human Rights Law (HRL)
The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.
Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.
Complaining internally to the District does not extend your time to file with DHR or in court.
The one year or three years is counted from date of the most recent incident of harassment.
You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across
New York State.
Civil Rights Act of 1964
The United States Equal Employment Opportunity Commission (EEOC) enforces federal antidiscrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.
The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at
info@eeoc.gov.
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination.
An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th
Floor, New York, New York; call 311 or (212) 306-7450; or visit
www.nyc.gov/html/cchr/html/home/home.shtml.
Contact the Local Police Department
If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
Civil Rights Act of 1991, 42 USC § 1981(a)
29 CFR § 1604.11(a)
Civil Service Law § 75-B
New York Executive Law §§ 296 and 297
Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq.
34 CFR § 100 et seq.
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District and #6122 — Employee Grievances
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17; effective 10/9/2018
Sexual harassment complaint form.
6122 EMPLOYEE GRIEVANCES
In accordance with Article 15-C of the General Municipal Law, all District employees shall have the opportunity to present grievances free from interference, coercion, restraint, discrimination or reprisal. The District shall provide at least two procedural stages and an appellate stage for the settlement of any such grievance.
General Municipal Law Sections 681-685
Adopted: 1/4/17
6130 EVALUATION OF PERSONNEL
All Staff Members
The administration will undertake a continuous program of supervision and evaluation of all personnel, including support staff, in the District. The primary purposes of the evaluations will be to encourage and promote improved performance and to make decisions about the occupancy of positions.
Teachers and Administrators
The Oppenheim-Ephratah-St. Johnsville Central School District is committed to supporting the development of effective teachers and administrators. To this end, the District will provide procedures for the evaluation of all professional staff. District plans for Annual Professional Performance Review (APPR) of teachers and principals will be developed in accordance with applicable laws, Commissioner’s regulations, and Rules of the Board of Regents.
The primary purposes of these evaluations are:
a) To encourage and promote improved performance;
b) To guide professional development efforts; and
c) To provide a basis for evaluative judgments by applicable school officials.
Disclosure of APPR
The Commissioner is required to disclose professional performance review data for teachers and building principals on the New York State Education website and in any other manner to make this data widely available to the public. The District will provide notice to parents or legal guardians of their right to obtain this information and the methods by which the data can be obtained.
Education Law 3012-c
Public Officers Law Sections 87 and 89
8 NYCRR Sections 80-1.1 and 100.2(o)
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
6140 EMPLOYEE MEDICAL EXAMINATIONS
Preemployment Medical Examinations
In accordance with the Americans with Disabilities Act, as amended, the District shall not require applicants for positions to undergo a medical examination prior to an offer of employment. Further, the District shall not make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of a disability.
However, the District may make preemployment inquiries into the ability of an applicant to perform job-related functions.
Employment Entrance Examinations
When such examination is made by the school physician/nurse practitioner the cost of such examination shall be borne by the District. A staff member, however, may elect to have a medical examination at his or her own expense by a physician of his or her own choice.
The Board reserves the right to request a medical examination at any time during employment, at District expense, in order to determine whether any employee can perform the essential functions of the position with or without reasonable accommodation.
Annual or more frequent examinations of any employee may be required, when, in the judgment of the school physician/nurse practitioner and the Superintendent, such procedure is deemed necessary.
All bus drivers and substitute bus drivers shall have yearly physical examinations. Each bus driver initially employed by the District shall have a physical examination within the four weeks prior to the beginning of service. In no case shall the interval between physical examinations exceed a thirteen-month period.
The final acceptance or rejection of a medical report with reference to the health of an employee lies within the discretion of the Board. The decision of the physician designated by the Board as the determining physician shall take precedence over all other medical advice.
All medical and health related information will be kept in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Examinations and Inquiries
Acceptable
The District may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. The District may make inquiries into the ability of an employee to perform job-related functions.
Prohibited
The District shall not require a medical examination and shall not make inquiries as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job related and consistent with business necessity.
Americans with Disabilities Act Amendments Act (ADAAA) of 2008, Public Law 110-325)
Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191
45 CFR Parts 160 and 164
Education Law Sections 913 and 3624
8 NYCRR Section 156.3(2)
10 NYCRR Part 14
15 NYCRR Part 6
Adopted: 7/1/13
6150 ALCOHOL, DRUGS AND OTHER SUBSTANCES (SCHOOL PERSONNEL)
The Board, recognizing that students are often influenced by teachers and other members of a school’s staff, impresses upon staff members the importance of maintaining a high level of professionalism appropriate to their position, which, in turn, shall set a positive example for students.
The Board, therefore, prohibits the consumption, sharing and/or selling, use and/or possession of illegal drugs, counterfeit and designer drugs or alcoholic beverages in the workplace, or when the effects of such drugs and/or alcohol use may impair an employee’s job performance.
Information about any drug and alcohol counseling and/or rehabilitation programs shall be made available to employees. Data will also include the range of penalties (consistent with local, state and federal law) up to and including termination of employment and referral for prosecution that will be imposed on employees who have transgressed the terms of this policy.
Additionally, confidentiality shall be ensured as required by state and federal law.
The Superintendent or designee shall periodically review the drug and alcohol abuse prevention program to determine its effectiveness and support appropriate modifications, as needed.
Safe and Drug-Free Schools and Communities Act, as reauthorized by the No Child Left Behind Act of 2001
20 USC Section 7101 et seq.
Civil Service Law Section 75
Education Law Sections 913, 1711(2)(e), 2508(5) and 3020-a
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#6530 — Employee Assistance Program (EAP)
#7320 — Alcohol, Tobacco, Drugs and Other Substances (Students)
District Code of Conduct on School Property
Adopted: 7/1/13
6151 DRUG-FREE WORKPLACE
It shall be the general policy of the Board to affirm that all programs in the District that receive Federal funds shall guarantee that their workplaces are free of controlled substances. “Controlled substance” means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812) and as further defined in regulation at 21 Code of Federal Regulations (CFR) Sections 1308.11-1308.15. An acknowledgment form shall be signed by the Superintendent indicating that the District is in full compliance with the Drug-Free Workplace Act. This policy shall guarantee that not only Federally funded programs, but the entire District is free of controlled substances.
“Workplace” is defined as a school building or other school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the District.
The Board directs the administration to develop regulations to comply with this policy, and further supports such actions and activities of the administration as shall be required to maintain a drug-free workplace.
Drug-Free Workplace Act, 20 USC Section 7101 et seq.
21 USC Section 812
21 CFR Sections 1308.11-1308.15
34 CFR Part 85
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#6150 — Alcohol, Drugs and Other Substances (School Personnel)
#6530 — Employee Assistance Program (EAP)
#7320 — Alcohol, Tobacco, Drugs and Other Substances (Students)
District Code of Conduct on School Property
Adopted: 7/1/13
6160 PROFESSIONAL GROWTH/STAFF DEVELOPMENT
It is the policy of the District that attention be given to in-service, pre-service, and other staff development programs which are believed to be of benefit to the District and its students. The Superintendent, in consultation with the appropriate administrative staff and/or teacher committees, is directed to arrange in-service programs and other staff development opportunities which will provide for the selection of subjects pertinent to the curriculum in the schools, to build from these subjects those topics or courses for in-service or staff development which will help employees acquire new methods of performing their job responsibilities or help staff improve on those techniques which are already being used in the schools, with the objective of improving professional competencies.
It is recommended that administration develop meaningful in-service and/or staff development programs which will achieve the following:
a) Contribute to the instructional program of the schools;
b) Contribute to improved education for students;
c) Achieve state mandates; and
d) Enhance the professional competencies and/or instructional abilities of staff members.
The Board, therefore, encourages all employees to improve their competencies beyond that which they may obtain through the regular performance of their assigned duties. Opportunities should be provided for:
a) Planned in-service programs, courses, seminars, and workshops offered both within the School System and outside the District.
b) Visits to other classrooms and schools, as well as attendance at professional meetings, for the purpose of improving instruction and/or educational services.
c) Orientation/re-orientation of staff members to program and/or organizational changes as well as District expectations.
Attendance at such professional development programs must be directly linked to the duties and responsibilities comprising the job description of the employee. Consequently, employees are encouraged to participate in the planning of staff development programs designed to meet their specific needs.
Members of the staff are also encouraged to continue their formal education as well as to attend their respective work-related workshops, conferences and meetings.
Funds for participating at such conferences, conventions, and other similar professional development programs will be budgeted for by the Board on an annual basis. Reimbursement to District staff for all actual and necessary registration fees, expenses of travel, meals and lodging, and all necessary tuition fees incurred in connection with attendance at conferences and the like will be in accordance with established regulations for conference attendance and expense reimbursement.
The Superintendent or designee has authority to approve release time and expenses for staff members’ attendance at professional training conferences, study councils, in-service courses, workshops, summer study grants, school visitations, professional organizations and the like within budgetary constraints.
A conference request form/course approval form must be submitted by the employee and approved by the designated administrator prior to the employee’s attendance at such conference or other professional development program.
Mentoring Programs for First Year Teachers
First year teachers must participate in a mentoring program as a component of the District’s Professional Development Plan. The purpose of the mentoring program is to increase the retention of new teachers and improve their ability to assist students in attaining State learning standards. The mentor’s role is to provide guidance and support to a new teacher. However, additional mentor responsibilities may be negotiated and reflected in a collective bargaining agreement.
Education Law Sections 1604(27), 3004 and 3006
General Municipal Law Sections 77-b and 77-c
8 NYCRR Sections 52.21(b)(3)(xvi), 52.21(b)(3)(xvii), 80-3.4(b)(2), 80-5.13, 80-5.14 and 100.2(dd)
NOTE: Refer also to Policy #6213 — Registration and Professional Development
Adopted: 7/1/13
6161 CONFERENCE/TRAVEL EXPENSE REIMBURSEMENT
Conference travel will be for official business and will be made utilizing a cost-effective and reasonable method of travel.
All conference travel must have a completed Travel Conference Request Form on file which has been approved by the appropriate supervisor. The Superintendent or designee approves those Travel Conference Requests which have reimbursable employee expenses greater than $100. Travel Conference Request Forms are only to be used by District employees.
All conference reimbursement requests must be submitted using a Travel Conference Reimbursement Form.
Expenses for overnight-approved travel will be reimbursed when accompanied by original receipts for lodging and other reimbursable expenses. Meal expenses for overnight travel will only be reimbursed based on the Board approved per diem rates which are modeled after the United States General Services Administration per diem rates.
New York State sales taxes cannot generally be reimbursed. Sales tax may, however, be reimbursed when such costs constitute an actual and necessary expense. A Sales Tax-Exempt Form can be obtained prior to travel for hotel accommodations.
Original receipts are required when submitting for parking and tolls, however “E-ZPass” statements may be substituted with the appropriate charges highlighted.
General Municipal Law Section 77-b(2)
NOTE: Refer also to Policy #5323 — Reimbursement for Meals/Refreshments
Adopted: 7/1/13
Revised: 1/4/17
6170 FINGERPRINTING CLEARANCE OF NEW HIRES
Unless otherwise authorized, the District will not employ or utilize a prospective school employee unless the prospective school employee has been granted “full” clearance for employment by the SED. The District will require a prospective school employee who is not in the SED criminal history file database to undergo a fingerprint supported criminal history record background check. “Criminal history record” means a record of all criminal convictions and any pending criminal charges maintained on an individual by the Division of Criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI). The District will obtain the applicant’s consent to the criminal history records search.
The SED joined the Statewide Vendor Management System (SVMS) operated by MorphoTrust in conjunction with DCJS for the capture and transmission of the fingerprint application, fee, and digital fingerprint images. The District will use the SVMS as directed by SED. The District will still request clearance for employment, view information regarding an applicant’s status, and enter hire or termination dates through SED’s Web-based application known as TEACH.
Safety of Students
The District will develop internal building and/or program procedures to help ensure the safety of students who have contact with an employee holding conditional appointment or emergency conditional appointment. These procedures will address the safety of students in the classroom, students attending off-campus activities under the supervision of the District, and students participating in extracurricular and/or co-curricular activities (including sports and athletic activities).
Safety procedures to be addressed include, but are not limited to supervision of the employee holding conditional appointment or emergency conditional appointment as determined appropriate by the applicable building or program administrator and periodic visitations by the building or program administrator to the classroom, program, and/or activity assigned to the employee holding conditional appointment/emergency conditional appointment.
Correction Law Article 23-A
Education Law §§ 305(30), 305(33), 1604, 1709, 1804, 1950, 2503, 2554, 2590-h, 2854, 3004-b, 3004-c
and 3035
Executive Law § 296(16)
Social Services Law Article 5, Title 9-B
8 NYCRR § 80-1.11 and Part 87
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
6171 SAFE MENTORING ACT
In accordance with the Safe Mentoring Act, to ensure the safety of students involved in the District’s mentoring program, the District will obtain a criminal history record check from the Division of Criminal Justice Services (DCJS) for each prospective employee as well as prospective volunteer mentors who are involved in any District mentoring program and who may engage in unsupervised activities with youth or in activities with youth in a setting without constant District or parental/guardian oversight.
Definitions
a) “Prospective employee” shall mean a person being considered for employment by a mentoring program.
b) “Prospective mentor” shall mean an individual who is currently applying to volunteer to help a child or a group of children in a mentoring program for a period of time. Such help shall include, but not be limited to, being a positive role model for youth, building relationships with youth, and providing youth with academic assistance and exposure to new experiences and examples of opportunity that enhance the ability of children to become responsible adults.
c) A “criminal history record” shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the DCJS and the Federal Bureau of Investigation (FBI).
d) “Mentoring program” shall mean a formalized program operated by an educational institution or school district that matches youth with adult volunteers with the purpose of providing such youth with positive role models to enhance their development.
Prospective School Employees
All prospective school employees (as enumerated in accordance with Commissioner’s regulations, 8 New York Code of Rules and Regulations Section 80-1.11 and Part 87) must already receive clearance from the SED in accordance with existing procedures. However, all other requirements of the Safe Mentoring Act apply to prospective school employees who are being considered for employment by a mentoring program.
The District shall require that a criminal history record check be conducted for any “prospective employee” not otherwise defined as a “prospective school employee” per Commissioner’s regulations in accordance with Social Services Law Section 390-e and District procedures.
Prospective Volunteer Mentors
Volunteers, however, are not “covered” by such regulations, and “prospective mentors” (i.e., defined as applicants for volunteer work in a mentoring role/program) will be subject to the requirements of Social Services Law Section 390-e and District procedures.
Fees for Fingerprinting
Both the DCJS and the FBI impose a processing fee. The fees for the criminal history record search shall be an amount equal to the fees established by DCJS and the FBI for processing the criminal history information request. In addition, the entity that actually takes the fingerprints may impose a fee. The fees shall be payable to Office of Children and Family Services (OCFS) and paid by money order, check or certified check by the District.
Unless otherwise authorized by the Board, the prospective employee and/or prospective volunteer mentor shall pay such fees.
Waiver by Custodial Parent or Guardian
A custodial parent or guardian may sign a waiver authorizing a mentor to work with his or her child regardless of a criminal charge or crime related to a mentor, unless the crime is a sex offense or a crime against a child. No waiver is permitted in the case of a sex offense or a crime against a child. This waiver process may only be initiated upon the consent of the prospective mentor, and be on a form developed by the OCFS. Where applicable, the District may notify a custodial parent or guardian of his or her waiver right, but a waiver shall only be authorized by a custodial parent or guardian.
Confidentiality
The criminal history record shall be confidential in accordance with applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than authorized personnel, unless otherwise authorized by law.
Parental Disclosure
The District will provide each custodial parent or guardian of every child participating in its mentoring program a description of the kind of criminal background checks conducted on prospective employees and prospective volunteer mentors in accordance with law.
Correction Law Sections 752 and 755
Executive Law Section 837(8-a)
Social Services Law Section 390-e
8 NYCRR Section 80-1.11 and Part 87
Adopted: 7/1/13
6180 STAFF-STUDENT RELATIONS (FRATERNIZATION)
The Board requires that all District employees maintain a professional, ethical relationship with District students that is conducive to an effective, safe learning environment; and that staff members act as role models for students at all times, whether on or off school property and both during and outside of school hours. Staff must establish appropriate personal boundaries with students and not engage in any behavior that could reasonably lead to even the appearance of impropriety.
Staff members are prohibited, under any circumstances, to date or engage in any improper fraternization or undue familiarity with students, regardless of the student’s age and/or regardless of whether the student may have “consented” to such conduct. Further, employees shall not entertain students or socialize with students in such a manner as to create the perception that a dating relationship exists. Similarly, any action or comment by a staff member which invites romantic or sexual involvement with a student is considered highly unethical, in violation of District policy, and may result in the notification of law enforcement officials and the filing of criminal charges and/or disciplinary action by the District up to and including termination of employment.
Inappropriate employee behavior includes, but is not limited to, flirting; making suggestive comments; dating; requests for sexual activity; physical displays of affection; giving inappropriate personal gifts; frequent personal communication with a student unrelated to course work or official school matters; providing alcohol or drugs to students; inappropriate touching; and engaging in sexual contact and/or sexual relations. (“Frequent personal communication with a student unrelated to course work or official school matters” means any form in which that personal communication may occur including, but not limited to, voice or text-based communication via phone, email, instant messaging, text messaging or through social networking websites.)
Even if the student participated “willingly” in the activity (regardless of the student’s age), inappropriate fraternization of staff with students is against District policy and may be in violation of professional standards of conduct and New York State Law. However, inappropriate employee conduct does not need to rise to the level of criminal activity for such conduct to be in violation of District rules and subject to appropriate disciplinary sanctions.
Any student who believes that he or she has been subjected to inappropriate staff behavior as enumerated in this policy, as well as students, school employees or third parties who have knowledge of or witness any possible occurrence of inappropriate staff-student relations, shall report the incident to any staff member or either the employee’s supervisor, the student’s principal or the District’s designated Compliance Officer. In all events such reports shall be forwarded to the designated Compliance Officer for further investigation. Anonymous complaints of inappropriate fraternization of staff members with students shall also be investigated by the District. Investigations of allegations of inappropriate staff-student relations shall follow the procedures utilized for complaints of harassment within the District. Allegations of inappropriate staff-student behavior shall be promptly investigated and will be treated as confidential and private to the extent possible within legal constraints.
Any employee having knowledge of or reasonable suspicion that another employee may have engaged in inappropriate conduct with a student that may constitute child abuse (specifically, child abuse in an educational setting) must also follow the District’s reporting procedures for such allegations; and such information will be reported by the designated administrator as required by state law to law enforcement officials, the State Education Department and/or Child Protective Services as may be applicable.
If a student initiates inappropriate behavior toward a staff member, that employee shall document the incident and report it to his or her building principal or supervisor.
The District shall promptly investigate all complaints of inappropriate staff-student relations, and take prompt corrective action to stop such conduct if it occurs.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
The Board prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participate in the investigation of allegations of inappropriate staff-student relations. Follow-up inquiries and/or appropriate monitoring shall be made to ensure that the alleged conduct has not resumed and that all those involved in the investigation have not suffered retaliation. Any act of retaliation is subject to appropriate disciplinary action by the District.
District Responsibility/Training
The principal of each school and/or program supervisor shall be responsible for informing students, staff and volunteers of the requirements of this policy, including the duty to report and the procedures established for investigation and resolution of complaints. Further, staff training shall be provided to facilitate staff identification of possible behavior that may constitute inappropriate staff-student relationships. Students shall be provided such training in an age appropriate manner.
The District’s policy (or a summary thereof) shall be disseminated as appropriate to staff, students and parents. Further, this topic shall be addressed in the District Code of Conduct.
Disciplinary Sanctions
Any staff member who engages in inappropriate conduct with a student, prohibited by the terms of this policy, shall be subject to appropriate disciplinary measures up to and including termination of employment in accordance with legal guidelines, District policy and regulation, and the applicable collective bargaining agreement. A violation of this policy may also subject the employee to criminal and/or civil sanctions as well as disciplinary action by the State Education Department.
Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
Education Law Article 23-B
Social Services Law Sections 411-428
8 NYCRR Part 83
Adopted: 7/1/13
Revised: 8/7/14
6210 CERTIFIED PERSONNEL
The Board shall, upon the recommendation of the Superintendent, create, abolish, maintain and/or consolidate positions involving certified persons as necessary for the proper and efficient achievement of its goals.
All assignments and transfers shall be made in accordance with the provisions of law, Board policies, and the employee’s negotiated agreement.
Education Law Sections 2510 and 3013
8 NYCRR Part 30
Adopted: 7/1/13
6211 EMPLOYMENT OF RELATIVES OF BOARD OF EDUCATION MEMBERS
The appointment of a teacher who is related by bloodline or legal process (including marriage) to any member of the Board shall be subject to the consent of two-thirds (2/3) of the members of the Board to be determined at a Board meeting and to be entered upon the proceedings of the Board.
The Board shall take the same stance in the hiring of professional staff other than teachers.
Education Law Section 3016
General Municipal Law Sections 800-809
Adopted: 7/1/13
6212 CERTIFICATION AND QUALIFICATIONS
The following provisions shall govern certification and qualifications of District personnel:
a) In accordance with applicable statutes, Rules of the Board of Regents, and Regulations of the Commissioner of Education, each employee whose employment requires certification or other licensure shall inform the Superintendent immediately of any change in the status of his or her certification or licensure. The changes shall include, but not be limited to, the granting, revocation, upgrading, expiration, conversion and/or extension of these documents as to their periods of validity or their titles.
b) Commissioner’s regulations extend the expiration dates for various certificate holders engaged in active military service for the period of active service and an additional 12 months from the end of such service. These also reduce the professional development requirements for certification holders called to active duty for the time of such active service.
c) The original certificates and/or licenses must be presented for examination and copying in the Office of the Superintendent as soon as they are available to the employee. The copies will be maintained in the employee’s personnel file in support of the legitimate employment of each affected employee. The failure of any such employee to possess the required certification or other licensure may result in the discharge of that employee.
d) Whether or not the District verifies an individual’s certification or licensure does not waive the responsibility of the employee to maintain what is required for his or her assignment.
Qualifications of Teachers
a) The District must ensure that all newly hired teachers in Title I programs who teach core academic subjects are highly qualified per Regulations of the Commissioner of Education. The term “core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. A “highly qualified” teacher is one who has obtained full state certification as a teacher, or has passed the state teacher licensing examination, holds a license to teach in the state and has at least a bachelor’s degree, and also must show subject matter competency in the subjects they teach.
b) The District is also required to provide to teachers who are not new to the profession the opportunity to meet the requirement to be highly qualified, in part, through passing a High Objective Uniform State Standard of Evaluation (HOUSSE). The HOUSSE shall be an evaluation, prescribed by the New York State Education Department and conducted locally either during a pre-employment review or at the time of an Annual Professional Performance Review (APPR), that enables a teacher who is beyond the first year of teaching to demonstrate subject matter competency in all core academic subjects that the teacher teaches. The evaluation shall be based upon objective, coherent information as prescribed by the department, and shall include, but not be limited to, information on the teacher’s education, credentials, professional experience, and professional development.
c) The District must ensure that a candidate for a teaching certificate or license as a special education teacher shall, in addition to all other certification or licensing requirements, have completed enhanced course work or training in the area of children with autism.
d) Enhanced training in the needs of autistic children shall also be completed by each certified school administrator or supervisor assigned to serve as a special education administrator. Such training shall be provided prior to, or as soon as practicable following, assignment as a special education administrator. The enhanced course work or training shall be obtained from an institution or provider approved by the department except that a school district or a Board of Cooperative Educational Services (BOCES) may provide such training as part of its professional development program.
Parent Notification
The District is required to provide parents, upon request, with specific information about the professional qualifications of their children’s classroom teachers. The following shall be provided by the District upon such requests:
a) If the teacher has met New York State qualifications and licensing criteria for the grade levels and subject areas he or she teaches;
b) Whether the teacher is teaching under emergency or other provisional status through which the State qualification or licensing criteria have been waived;
c) The teacher’s college major; whether the teacher has any advanced degrees and, if so, the subject of the degrees; and
d) If the child is provided services by any instructional aides or similar paraprofessionals and, if so, their qualifications.
All requests shall be honored in a timely manner.
20 USC § 7801(23)
34 CFR §§ 200.55 and 200.56
Education Law §§ 210, 305, 3001, 3001-a, 3004, 3006 and 3008
8 NYCRR Subparts 57-3, 80-1, 80-2, 80-3, 80.4, and 80.5
8 NYCRR §§ 100.2(dd) and 100.2(o)
Adopted: 7/1/13
Revised: 1/4/17
6213 REGISTRATION AND PROFESSIONAL DEVELOPMENT
Registration
All employees holding a lifetime certificate in classroom teaching, teaching assistant, or educational leadership service (school building leader, school district leader, or school district business leader) must register with the SED every five years through the TEACH system. Only registered employees may teach or supervise in the District.
Teachers and administrators with a permanent, professional, or a Level III teaching assistant certificate issued before July 1, 2016 must apply for initial registration during the 2016-2017 school year during their birth month. These certificate holders must thereafter renew their registration every five years during their birth month.
Teachers and administrators with a professional or a Level III teaching assistant certificate issued on or after July 1, 2016 will be automatically registered. These certificate holders must thereafter renew their registration every five years during their birth month.
Certificate holders who do not timely register may not be employed and may be subject to monthly late fees after the first, transitional five-year registration period. Employees who change their name or address must also update SED within 180 days through the TEACH system.
Continuing Teacher and Leader Education (CTLE) Credit Hours
All District teachers and educational leaders with a professional or Level III teaching assistant certificate must complete 100 hours of acceptable CTLE during each five-year registration period to maintain a valid certificate. This requirement may be completed at any time over the course of a five-year period. Credit hours cannot carry over, however, to subsequent registration periods.
SED sets high standards for courses, programs, and activities that qualify for CTLE credit, and it must approve all CTLE sponsors. Generally, acceptable CTLE will be in the content area of any certificate title held by an individual or in pedagogy. Further, the CTLE will be aligned with professional development standards created by the New York Professional Standards and Practices Board for Teaching.
The District will describe opportunities for teachers and administrators to engage in CTLE in its Professional Development Plan. The District will provide CTLE opportunities that improve student performance and the teacher’s or administrator’s pedagogical or leadership skills, and that promote professionalism. A peer-review teacher or principal acting as an independent trained evaluator who conducts a classroom observation as part of a teacher evaluation under relevant sections of the Education Law may apply the observation time to fulfilling CTLE requirements. Time spent mentoring may also be counted toward required CTLE credit hours.
Language Acquisition CTLE and Exemption
Employees holding an English to speakers of other languages certificate or bilingual extension annotations are required to complete 50 CTLE hours in language acquisition aligned with the core content area of instruction taught, including a focus on best practices for co-teaching strategies, and integrating language and content instruction for English Language Learner (ELL) students. All other certificate holders must complete at least 15 CTLE hours dedicated to language acquisition addressing the needs of ELLs, including a focus on best practices for co-teaching strategies and integrating language and content instruction for ELLs. Employees holding a Level III teaching assistant certificate must complete at least 15 CTLE hours in language acquisition addressing the needs of ELLs and integrating language and content instruction for ELLs.
Employees may be eligible for a waiver of language acquisition CTLE requirements. Each school year when there are fewer than 30 ELL students enrolled in the District or ELLs make up less than 5% of the total student population, the District may obtain an exemption. If the District obtains this exemption, employees would be exempt from the language acquisition CTLE requirement for each year that they are employed in the District.
CTLE Adjustments
The Commissioner may adjust an employee’s number of CTLE hours or time to complete them due to poor health, as certified by a health-care provider; extended active duty in the Armed Forces; or other acceptable good cause.
Any employee who obtains certification from the National Board for Professional Teaching Standards will be considered CTLE-compliant for the registration period in which he or she obtains this certification. The employee must still meet any language acquisition requirements, however.
Recordkeeping and Reporting Requirements
Employees must maintain a record of completed CTLE for at least three years from the end of the applicable registration period. The District will maintain a record of any professional development it conducts or provides for at least seven years from the date of completion. The District will also submit all required reports to SED each year.
Education Law §§ 3006, 3006-a, 3012-d
8 NYCRR §§ 80-6, 100.2(dd)
NOTE: Refer also to Policy #6160 — Professional Growth/Staff Development
Adopted: 7/1/13
Revised: 10/5/16
6214 INCIDENTAL TEACHING
The Superintendent may assign a teacher to teach a subject not covered by such teacher’s certificate or license for a period not to exceed five classroom hours a week, when no certified or qualified teacher is available after extensive and documented recruitment efforts, and provided that approval of the Commissioner of Education is obtained in accordance with the requirements as enumerated in Commissioner’s regulations.
Not later than 20 business days after such an assignment, the Superintendent shall submit for approval an application, in a form satisfactory to the Commissioner, containing the following information:
a) Evidence of extensive recruitment of a teacher certified in the appropriate area;
b) The name and certification status of the teacher given such assignment;
c) The subject which the teacher is being assigned to teach on an incidental basis and the total number of classes in the subject being taught on an incidental basis;
d) The qualifications of the teacher to teach such subject on an incidental basis;
e) The specific reasons why an incidental assignment is necessary;
f) The anticipated duration of the incidental teaching assignment; and
g) The number of applications, approved or pending, for authorization to make incidental teaching assignments in the same certification area for which the current authorization is being sought.
To be approved, the application shall demonstrate to the satisfaction of the Commissioner that an incidental teaching assignment is necessary, that the teacher assigned is the best qualified to teach the subject on an incidental basis, and that the requirements of Commissioner’s regulations have been met.
The Commissioner will issue a determination within 20 business days of receipt of the District’s application.
In the event that the application is disapproved, the Superintendent, within seven business days of receipt of the notice of disapproval, shall terminate the incidental assignment. In the event that the application is approved, such approval shall be deemed to have commenced on the date of the incidental teaching assignment and shall terminate on the last day of the school year for which it is granted.
The Superintendent may renew an incidental teaching assignment, in accordance with the requirements of Commissioner’s regulations, for any subsequent school year. In addition to submitting to the Commissioner the information noted above for initial approval of an incidental teaching assignment, a renewal application must provide a number of assurances, including that the teacher assigned a course on an incidental basis has completed, or has agreed to complete, within the prescribed time period, at least three semester hours of credit or the equivalent leading to certification in the subject area of the incidental assignment.
8 NYCRR Section 80-5.3
Adopted: 7/1/13
6215 PROBATION AND TENURE
Probation
Certified staff members will be appointed to a probationary period by a majority vote of the Board upon recommendation of the Superintendent.
Teachers, all other members of the teaching staff, administrators, directors, supervisors, principals, and all other members of the supervisory staff, except associate, assistant, and other superintendents, will be appointed to a probationary period of four years. The probationary period will not exceed three years for teachers previously appointed to tenure in this or another school district or BOCES within the state, provided that the teacher was not dismissed from the prior district or BOCES and met the required annual professional performance review (APPR) rating in his or her final year of service there. Additionally, up to two years of service as a regular substitute teacher may be applied toward probationary service. (This is sometimes referred to as Jarema Credit.)
During the probationary period, a staff member will be given assistance in adjusting to the new position, but the essential qualifications for acceptable performance will be assumed because the staff member attained the required certification or license.
A staff member’s appointment may be discontinued at any time during his or her probationary period upon the recommendation of the Superintendent and by majority vote of the Board. Any person not recommended for tenure appointment will be notified in writing by the Superintendent no later than 60 days before his or her probationary period expires.
Tenure
The Board will follow all applicable laws and regulations regarding tenure.
At the expiration of the probationary period or within six months prior, the Superintendent will make a written report to the Board recommending for appointment to tenure 1) those non-teaching certified staff members who successfully completed their probationary period in the District, and 2) teachers and principals who have been found competent, efficient, and satisfactory, and who have received the APPR rating of effective or highly effective in at least three of the preceding four years. If a teacher or principal receive an APPR rating of ineffective in their final probationary year, the Board may not award tenure, but may extend that teacher’s or principal’s probationary time by an additional year. The teacher or principal may be eligible for immediate tenure if he or she successfully appeals the ineffective rating. The Board may then—by a majority vote—appoint to tenure any or all of the persons recommended by the Superintendent.
When the initial probationary period expires, a teacher or principal will remain on probationary status until the end of the school year in which he or she received APPR ratings of effective or highly effective. The Board may also grant tenure contingent upon a teacher’s or principal’s receipt of a minimum APPR rating in the final year of the probationary period.
Resolutions Making Appointments
Each Board resolution making a probationary appointment or an appointment on tenure will specify:
a) The name of the appointee;
b) The tenure area or areas in which the professional will devote a substantial portion of his or her time;
c) The date probationary service or service on tenure commences in each area;
d) The expiration date of the appointment, if made on a probationary basis. For appointments of classroom teachers and principals, the resolution must state that:
1. To receive tenure, the individual must receive composite or overall APPR ratings of effective or highly effective in at least three of the four preceding years; and
2. If the teacher or principal receives an ineffective composite or overall APPR rating in his or her final year of probation, he or she will not be eligible for tenure at that time; and
e) The certification status of the appointee in reference to the position to which the individual is appointed.
Education Law §§ 2509, 2573, 3012, 3012-c, 3012-d, 3014, and 3031
8 NYCRR §§ 30-1.3, 80-3.6, 80-3.9, and 80-3.10
Adopted: 7/1/13
Revised: 1/4/17
6216 DISCIPLINING OF A TENURED TEACHER OR CERTIFIED PERSONNEL
The District may discipline tenured teachers and certain certified personnel in accordance with applicable law, regulations, or applicable contract provisions.
Ineffective Personnel
The District or Board may bring incompetence charges against a teacher or building principal who receives two or more consecutive ineffective ratings under the APPR; the District or Board must bring incompetence charges against anyone who receives three consecutive ineffective APPR ratings. A single hearing officer from the American Arbitration Association’s labor arbitration panel will govern the competency hearing. The hearing may be public or private, at the employee’s discretion. The employee will have a reasonable opportunity to defend himself or herself, but will not be required to testify. Each party has the right to be represented by counsel, to subpoena witnesses, to cross-examine witnesses, and to make motions or applications. There will be a full and fair disclosure of witnesses and evidence to be offered by both the District and the employee. A record of the proceeding will be kept.
Allegations of Abuse
The Board may suspend, without pay, an employee charged with physically or sexually abusing a student pending an expedited probable-cause hearing. A single hearing officer will conduct the probable-cause hearing.
Child Witnesses
A child under 14 may be allowed to testify through live, two-way, closed-circuit television if the hearing officer determines by clear and convincing evidence that the child would suffer serious mental or emotional harm that would substantially impair his or her ability to communicate if required to testify live, and that using closed-circuit television would diminish the likelihood or extent of the child suffering serious mental or emotional harm. In making this decision, the hearing officer will consider applicable factors, including: whether the offense was particularly heinous, the child’s age and vulnerability, the child’s susceptibility to psychological harm due to an underlying physical or mental condition, whether the accused occupied a position of authority over the child, if the offense charged was part of an ongoing course of conduct committed by the accused against the child over an extended period of time, use of a dangerous or deadly weapon, whether the child suffered serious physical injury, threats made against the child, the accused’s access to the child, and expert testimony that the child would be particularly susceptible to psychological harm if required to testify in open court or to be in the physical presence of the accused.
Automatic Revocation of Teacher and Administrative Certificates by the Commissioner of Education
The Commissioner will revoke and annul the certificate of a teacher, teaching assistant, pupil personnel services professional, school administrator or supervisor, or superintendent convicted of:
a) A sex offense for which registration as a sex offender is required under the Sex Offender Registration Act; or
b) Any other violent felony offense committed against a child when the child was the intended victim of the offense.
These offenses include, but are not limited to, sexual misconduct, sexual abuse, rape, statutory rape, assault, various other criminal sexual acts, and certain kidnapping offenses.
In addition, the Commissioner will revoke and annul the certificate of a school district administrator, school administrator or supervisor, or school business administrator convicted of fraud.
Criminal Procedure Law §§ 65.00, 65.20, 65.30, and 380.95
Education Law §§ 305(7-a), 305(7-b), 2573(8), 2590-j(7), 3012, 3020-a, and 3020-b
Penal Law § 195.20
8 NYCRR Subpart 82-3
Correction Law Article 6-C
Adopted: 7/1/13
Revised: 1/4/17
6217 PROFESSIONAL STAFF: SEPARATION
A probationary professional staff member may be discontinued at any time during his or her probationary period on the recommendation of the Superintendent and by a majority vote of the Board.
If the Superintendent will be submitting to the Board a negative recommendation for tenure or a recommendation to discontinue the services of a probationary professional staff member, the Superintendent must give the probationary employee written notice 30 days prior to the Board meeting at which such recommendation will be considered. If a majority of the Board accepts the recommendation and votes to dismiss, the professional staff member must then be given a written notice at least 30 days prior to the effective date of termination of services. The District will adhere to all other statutory timeframes.
The Board shall expect any professional staff member desiring to terminate his or her services to provide the Board with a minimum of 30 days notice before the effective termination date.
When possible, a professional staff member shall make every effort to terminate employment at the end of the school year. Resignations must be in writing and include the effective date.
Education Law Sections 2509, 3012, 3019-a and 3031
Adopted: 7/1/13
6220 TEMPORARY PERSONNEL
District’s needs may sometimes require temporary appointments. The terms of these appointments shall be defined by the Board on a case-by-case basis.
Student Teachers
The Oppenheim-Ephratah-St. Johnsville Central School District will cooperate with teacher training institutions in the placement of student teachers in order to provide beginning teachers with the best possible student teaching experience.
Schools are required to allow student teachers to videotape themselves providing instruction in a classroom to meet their instruction component for their teaching certification. The video must remain confidential and is not subject to viewing or disclosure to an individual or entity other than the student teacher applicant and relevant personnel.
Student teachers will be protected from liability for negligence or other acts resulting in accidental injury to any person by the District, as provided by law.
Substitute Teachers
A substitute teacher qualified to teach in the Oppenheim-Ephratah-St. Johnsville Central School District will be employed, whenever possible, by the Superintendent in the absence of a regular teacher. It is recognized that fully certified persons will not always be available for employment as substitute teachers.
Eligibility for Service
Per Commissioner’s Regulations Section 80-5.4, there will be three categories of substitutes as follows:
a) Substitutes with valid teaching certificates or certificates of qualification may serve in any capacity, for any number of days. If employed on more than an itinerant basis, these persons will be employed in their certification area.
b) Substitutes without a valid certificate, but who are completing collegiate study towards certification at the rate of not less than six semester hours per year may serve in any capacity, for any number of days, in any number of school districts. If employed on more than an itinerant basis, these substitutes will be employed in their certification area.
c) Substitutes without a valid certificate and who are not working towards certification may serve for no more than 40 days per school year. In extreme circumstances—where there is an urgent need for a substitute teacher—however, the District may employ this substitute teacher beyond the 40-day limit, for up to an additional 50 days (90 days total in a school year), if the Superintendent certifies that the District conducted a good-faith recruitment search and there are no certified teachers available who can perform the duties of the position.
In even more rare circumstances, the District may hire this substitute teacher beyond the 90 days only if the Superintendent attests that the District conducted a good-faith recruitment search, but there are still no certified teachers available who can perform the duties of the position and that the District needs a particular substitute teacher to work with a specific class or group of students until the end of the school year.
The Board will annually establish the ordinary rate for per diem substitute
Reporting
The Superintendent will submit an annual report to the Commissioner concerning the employment of all uncertified teachers. The report will include:
a) The number of substitute teachers authorized to be employed beyond the 40-day limit.
b) The number of substitute teachers authorized to be employed beyond the 90-day limit.
c) The required good-faith recruitment certifications for all teachers employed beyond the 40-day and 90-day limits.
Education Law Section 3023
8 NYCRR Section 80-5.4
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
6310 APPOINTMENT – SUPPORT STAFF
The probationary period for all new civil service employees shall be for the maximum period established by the local Civil Service Commission.
The time, place, conditions of employment, and transfer of support staff shall be vested in the Superintendent who shall conduct such actions in compliance with all applicable contract provisions. The duties for each Civil Service employee shall be clearly defined.
Civil Service Law Section 63
Adopted: 7/1/13
6320 SUPPLEMENTARY SCHOOL PERSONNEL
Teacher Aides
In accordance with the Regulations of the Commissioner, the Board may employ teacher aides to assist in the daily operation of the school through non-teaching duties.
The duties and responsibilities to be assumed by teacher aides shall be outlined by the Superintendent in accordance with Civil Service guidelines. Teacher aides shall be responsible to the building principal or designee.
A teacher aide may be assigned to assist teachers in such non-teaching duties as:
a) Managing records, materials and equipment;
b) Attending to the physical needs of children; and
c) Supervising students and performing such other services as support teaching duties when such services are determined and supervised by a teacher.
Teaching Assistants
In accordance with the Regulations of the Commissioner, the Board may employ teaching assistants to provide, under the general supervision of a licensed or certified teacher, direct instructional service to students.
Teaching assistants assist teachers by performing duties such as:
a) Working with individual students or groups of students on special instructional projects;
b) Providing the teacher with information about students that will assist the teacher in the development of appropriate learning aspects;
c) Assisting students in the use of available instructional resources and assisting in the development of instructional materials;
d) Utilizing their own special skills and abilities by assisting in instructional programs in such areas as foreign language, arts, crafts, music, and similar subjects; and
e) Assisting in related instructional work as required.
Teaching assistants who hold a pre-professional teaching assistant certificate shall have the same scope of duties as enumerated above for other teaching assistants. Within that scope of duties, teaching assistants holding a pre-professional teaching assistant certificate may, at the discretion of the District, and while under the general supervision of a teacher, perform such duties as:
a) Working with small groups of students so that the teacher can work with a large group or individual students;
b) Helping a teacher to construct a lesson plan;
c) Presenting segments of lesson plans, as directed by the teacher;
d) Communicating with parents of students at a school site or as otherwise directed by a teacher; and
e) Helping a teacher to train other teaching assistants.
Licensure and certification requirements shall be as mandated in accordance with Commissioner’s regulations.
8 NYCRR Sections 80-5., 80-5.9
Adopted: 7/1/13
6321 SCHOOL BUS MONITORS AND ATTENDANTS
School Bus Monitors and Attendants
In accordance with Education Law and Commissioner’s regulations, the employment of each school bus monitor and school bus attendant shall be approved by the Superintendent for each school bus operated within the District. Approval for employment as a school bus monitor or attendant shall be in writing on a form prescribed by the Commissioner of Education.
As defined in Commissioner’s regulations:
a) A school bus monitor shall mean any person employed for the purpose of assisting children to safely embark and disembark from a school bus which is owned, leased or contracted for by a public school district or Board of Cooperative Educational Services, and for the purpose of assisting the school bus driver with maintaining proper student behavior on such bus.
b) A school bus attendant shall mean any person who is employed for the purpose of serving pupils with a disabling condition on a school bus which is owned, leased or contracted for by a public school district or Board of Cooperative Educational Services.
All school bus monitors and attendants shall be at least 19 years of age; and shall have the physical and mental ability to satisfactorily perform his or her duties.
On order of the Superintendent, each monitor or attendant may be examined by a duly licensed physician within two weeks prior to the beginning of such monitor’s or attendant’s service in each school year. The written report of the physician shall be considered by the Superintendent in determining the fitness of the monitor or attendant to carry out his or her functions. The examining physician shall require the monitor or attendant to undergo any diagnostic tests that are necessary to determine the physical and mental ability of the monitor or attendant to perform his or her duties.
Each school bus monitor or attendant of a school bus owned, leased or contracted for by a school district or Board of Cooperative Educational Services shall pass a physical performance test approved by the Commissioner. Individuals employed by a school district, Board of Cooperative Educational Services or contractor as a monitor or attendant on July 1, 2003 shall have until July 1, 2004 to take and pass a physical performance test. Individuals hired as a monitor or attendant after July 1, 2003, must take and pass a physical performance test before they may assume their duties.
A school bus monitor or attendant who fails any portion of the physical performance test shall be deemed unqualified to perform the duties of that position. The monitor or attendant may request a re-examination. The cost of such re-examination shall be borne by the employer if the monitor/attendant passes the re-examination, or by the monitor/attendant if he or she fails the re-examination.
All school bus monitors and attendants shall meet the qualifications and/or certification requirements as enumerated in law and/or Commissioner’s regulations. Further, in accordance with Commissioner’s regulations, school bus monitors and attendants shall receive pre-service instruction, safety training, specialized training, and refresher training.
In addition to such instruction, any person employed on January 1, 2004 as a school bus monitor, or as a school bus attendant serving students with a disabling condition, shall, by July 1, 2004, receive instruction as prescribed by the Commissioner upon recommendation of the Commissioner’s School Bus Driver Instructor Advisory Committee relating to special needs transportation, including, but not limited to, the proper techniques for assisting disabled students in entering and exiting the school bus. Any person hired after January 1, 2004 shall complete such special needs instruction prior to assuming their duties as a school bus monitor or as a school bus attendant.
School Bus Attendants – Special Requirements
Every school bus attendant serving students with a disabling condition shall receive school bus safety training and instruction relating to the special needs of such students. Such training shall include guidance on the proper techniques for assisting disabled students in entering and exiting the school bus, and shall include instruction in cardiopulmonary resuscitation (CPR) where such skills are required as part of the individualized education plan (IEP) prepared for the student. Such training and instruction shall also include any additional first aid or health emergency skills that the Commissioner of Education deems appropriate and necessary for school bus attendants to possess. In addition, school bus attendants shall demonstrate the ability to perform procedures necessary in emergency situations as deemed appropriate by the Commissioner of Education.
Any person employed as a school bus attendant serving students with a disabling condition on January 1, 2004 shall comply with the requirements of Education Law and Commissioner’s regulations by July 1, 2004. Any person hired after January 1, 2004 shall comply with such prior to assuming their duties.
Education Law Section 3624
Vehicle and Traffic Law Section 1229-d
8 NYCRR Section 156.3
Adopted: 7/1/13
6410 STAFF USE OF COMPUTERIZED INFORMATION RESOURCES
The Board will provide staff with access to various computerized information resources through the District’s computer system (DCS hereafter) consisting of software, hardware, computer networks, wireless networks/access and electronic communication systems. This may include access to electronic mail, so-called “on-line services” and the “Internet.” It may also include the opportunity for staff to have independent access to the DCS from their home or other remote locations, and/or to access the DCS from their personal devices. All use of the DCS and the wireless network, including independent use off school premises and use on personal devices, will be subject to this policy and accompanying regulations.
The Board encourages staff to make use of the DCS to explore educational topics, conduct research and contact others in the educational world. The Board anticipates that staff access to various computerized information resources will both expedite and enhance the performance of tasks associated with their positions and assignments. Toward that end, the Board directs the Superintendent or designee(s) to provide staff with training in the proper and effective use of the DCS.
Staff use of the DCS is conditioned upon written agreement by the staff member that use of the DCS will conform to the requirements of this policy and any regulations adopted to ensure acceptable use of the DCS. All such agreements shall be kept on file in the District Office.
Generally, the same standards of acceptable staff conduct which apply to any aspect of job performance will apply to use of the DCS. Employees are expected to communicate in a professional manner consistent with applicable District policies and regulations governing the behavior of school staff. Electronic mail and telecommunications are not to be utilized to share confidential information about students or other employees.
Access to confidential data is a privilege afforded to District employees in the performance of their duties. Safeguarding this data is a District responsibility that the Board takes very seriously. Consequently, District employment does not automatically guarantee the initial or ongoing ability to use mobile/personal devices to access the DCS and the information it may contain.
This policy does not attempt to articulate all required and/or acceptable uses of the DCS; nor is it the intention of this policy to define all inappropriate usage. Administrative regulations will further define general guidelines of appropriate staff conduct and use as well as proscribed behavior.
District staff will also adhere to the laws, policies and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, and rights of privacy protected by federal and state law.
Staff members who engage in unacceptable use may lose access to the DCS and may be subject to further discipline under the law and in accordance with applicable collective bargaining agreements. Legal action may be initiated against a staff member who willfully, maliciously or unlawfully damages or destroys property of the District.
Social Media Use by Employees
The District recognizes the value of teacher and professional staff inquiry, investigation and communication using new technology tools to enhance student learning experiences. The District also realizes its obligations to teach and ensure responsible and safe use of these new technologies. Social media, including social networking sites, have great potential to connect people around the globe and enhance communication. Therefore, the Board encourages the use of District approved social media tools and the exploration of new and emerging technologies to supplement the range of communication and educational services.
For purposes of this Policy, the definition of public social media networks or Social Networking Sites (SNS) are defined to include: websites, Web logs (blogs), wikis, social networks, online forums, virtual worlds, video sites and any other social media generally available to the District community which do not fall within the District’s electronic technology network (e.g., Facebook, MySpace, Twitter, LinkedIn, Flickr, Vine, Instagram, SnapChat, blog sites, etc.). The definition of District approved password-protected social media tools are those that fall within the District’s electronic technology network or which the District has approved for educational use. Within these internal forums, the District has greater authority and ability to protect minors from inappropriate content and can limit public access.
The use of social media (whether public or internal) can generally be defined as Official District Use, Professional/Instructional Use and Personal Use. The definitions, uses and responsibilities will be further defined and differentiated in the Administrative Regulation. The District takes no position on an employee’s decision to participate in the use of social media or SNS for personal use on personal time. However, personal use of these media during District time or on District-owned equipment is prohibited on District time and discouraged any other time. In addition, employees are encouraged to maintain the highest levels of professionalism when communicating, whether using District devices or their own personal devices, in their professional capacity as educators. They have a responsibility for addressing inappropriate behavior or activity on these networks, including requirements for mandated reporting and compliance with all applicable District Policies and Regulations.
Confidentiality, Private Information and Privacy Rights
Confidential and/or private data, including but not limited to, protected student records, employee personal identifying information, and District assessment data, will only be loaded, stored or transferred to District-owned devices which have encryption and/or password protection. This restriction, designed to ensure data security, encompasses all computers and devices within the DCS, any mobile devices, including flash or key drives, and any devices that access the DCS from remote locations. Staff will not use email to transmit confidential files in order to work at home or another location. Staff will not use cloud-based storage services (such as Dropbox, GoogleDrive, SkyDrive, etc.) for confidential files.
In addition, staff will not leave any devices unattended with confidential information visible. All devices must be locked down while the staff member steps away from the device, and settings enabled to freeze and lock after a set period of inactivity.
Staff data files and electronic storage areas will remain District property, subject to District control and inspection. The Technology Coordinator may access all such files and communications without prior notice to ensure system integrity and that users are complying with requirements of this policy and accompanying regulations. Staff should NOT expect that information stored on the DCS will be private.
Implementation
Administrative regulations will be developed to implement the terms of this policy, addressing general parameters of acceptable staff conduct as well as prohibited activities so as to provide appropriate guidelines for employee use of the DCS.
NOTE: Refer also to Policies #5672 — Information Security Breach and Notification
#6411 — Use of Email in the School District
#7243 — Student Data Breaches
#8271 — Internet Safety/Internet Content Filtering Policy
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
6411 USE OF EMAIL IN THE SCHOOL DISTRICT
Electronic mail or email is a valuable business communication tool, and users shall use this tool in a responsible, effective and lawful manner. Every employee/authorized user has a responsibility to maintain the District’s image and reputation, to be knowledgeable about the inherent risks associated with email usage and to avoid placing the District at risk. Although email seems to be less formal than other written communication, the same laws and business records requirements apply. District employees/authorized users shall use the District’s designated email system, such as Lotus Notes or Microsoft Exchange, for all business email, including emails in which students or student issues are involved.
Employee Acknowledgement
All employees and authorized users shall acknowledge annually and follow the District’s policies and regulations on acceptable use of computerized information resources, including email usage.
Classified and Confidential
District employees and authorized users may not:
a) Provide lists or information about District employees or students to others and/or classified information without approval. Questions regarding usage and requests for such lists or information should be directed to a principal or supervisor.
b) Forward emails with confidential, sensitive, or secure information without principal or supervisor authorization. Additional precautions, such as encryption, should be taken when sending documents of a confidential nature.
c) Use file names that may disclose confidential information. Confidential files should be password protected and encrypted. File protection passwords shall not be communicated via email correspondence.
d) Use email to transmit any individual’s personal, private and sensitive information (PPSI). PPSI includes social security number, driver’s license number or non-driver ID number, account number, credit/debit card number and security code, or any access code/password that permits access to financial accounts or protected student records.
e) Send or forward email with comments or statements about the District that may negatively impact it.
Personal Use
Employees and authorized users may use the District’s email system for limited personal use. However, there is no expectation of privacy in email use. Personal use should not include chain letters, junk mail, and jokes. Employees and authorized users shall not use the District’s email programs to conduct job searches, post personal information to bulletin boards, blogs, chat groups and list services, etc. without specific permission from the principal or supervisor. The District’s email system shall not be used for personal gain or profit.
Email Accounts
All email accounts on the District’s system are the property of the District. Employees and authorized users shall not access any other email account or system (Yahoo, Hotmail, AOL, etc.) via the District’s network. Personal accounts and instant messaging shall not be used to conduct official business.
Receiving Unacceptable Mail
Employees and authorized users who receive offensive, unpleasant, harassing or intimidating messages via email or instant messaging shall inform their principal or supervisor immediately.
Records Management and Retention
Retention of email messages are covered by the same retention schedules as records in other formats, but are of a similar program function or activity. Email shall be maintained in accordance with the NYS Records Retention and Disposition Schedule ED-1 and as outlined in the Records Management Policy. Email records may consequently be deleted, purged or destroyed after they have been retained for the requisite time period established in the ED-1 schedule.
Archival of Email
All email sent and received to an employee’s email account should be archived by the District for a period of no less than six years. This time period was determined based on the possibility of emails that are the official copy of a record according to schedule ED-1. Depending on the District’s archival system, employees may have access to view their personal archive, including deleted email.
Training
Employees/authorized users should receive regular training on the following topics:
a) The appropriate use of email with students, parents and other staff to avoid issues of harassment and/or charges of fraternization.
b) Confidentiality of emails.
c) Permanence of email: email is never truly deleted, as the data can reside in many different places and in many different forms.
d) No expectation of privacy: email use on District property is NOT to be construed as private.
Sanctions
The Computer Coordinator may report inappropriate use of email by an employee/authorized user to the employee/authorized user’s principal or supervisor who will take appropriate disciplinary action. Violations may result in a loss of email use, access to the technology network and/or other disciplinary action. When applicable, law enforcement agencies may be involved.
Notification
All employees/authorized users will be required to access a copy of the District’s policies on staff and student use of computerized information resources and the regulations established in connection with those policies. Each user will acknowledge this employee/designated user agreement before establishing an account or continuing in his or her use of email.
Confidentiality Notice
A standard Confidentiality Notice will automatically be added to each email as determined by the District.
NOTE: Refer also to Policies #3320 — Confidentiality of Computerized Information
#3420 — Non-Discrimination and Anti-Harassment in the School
District
#5670 — Records Management
#6410 — Staff Use of Computerized Information Resources
#8271 — Internet Safety/Internet Content Filtering Policy
Adopted: 5/7/14
6420 EMPLOYEE PERSONNEL RECORDS AND RELEASE OF INFORMATION
Personnel Records
Administrative regulations will be developed to implement the terms of this policy to maintain a personnel file for each teacher, administrator and support staff member employed by the District.
Regulations and procedures will be developed addressing the inspection by District employees of their personnel files.
Release of Personnel Information
All steps should be taken to protect the privacy of the employees of the District. To ensure the individual’s privacy, directory or confidential information should not be shared with a third party except in the following situations:
a) When members of the Board need information from the employee’s personnel record to aid them in performing their legal responsibilities in such matters as appointments, assignments, promotions, demotions, remuneration, discipline, dismissal or to aid in the development and implementation of personnel policies.
b) When the employee grants permission.
Procedures for obtaining consent for release of records to third parties shall be developed by the administration.
Release of Information Concerning Former Employees
The District shall not release information concerning the employment records, personnel file or past performance of a former employee, unless such information is required to be disclosed by law. Only the initial and final dates of employment and the position held shall be provided through a written response to a written request. The former employee may authorize the release of any additional information.
Public Officers Law Section 87
8 NYCRR Part 84
NOTE: Refer also to Policy #5673 — Employee Personal Identifying Information
Adopted: 7/1/13
Revised: 8/7/14
6430 EMPLOYEE ACTIVITIES
Political Activities
The Board recognizes the right of its employees, as citizens, to engage in political activities and to exercise their constitutionally-protected rights to address matters of public concern.
However, a District employee’s constitutional rights to raise matters of public concern are limited when the speech or action occurs on school grounds and/or during school times. When such speech or action occurs on school grounds and/or during school time, the Board can impose reasonable restrictions on the time, place and manner of the speech or action, and can further regulate the content of such speech when it materially imperils the efficient operation of the school.
Teachers may not use their classrooms or school surroundings as a means to promote their personal political views and beliefs. However, teachers are encouraged to address issues of current events for their instructional and informational value to students, to invite public and/or political figures to visit the classroom as a community resource, and to motivate students to participate in the political process.
Solicitations by Staff
Staff members shall not be engaged in advertising or commercial solicitations on school time, except as authorized by the Superintendent and/or designee.
NOTE: Refer also to Policy #5560 — Use of Federal Funds for Political Expenditures
Adopted: 7/1/13
6450 THEFT OF SERVICES OR PROPERTY
The theft of services or property from the District by an employee will result in immediate disciplinary action that can lead to dismissal or other penalty, and shall not preclude the filing of criminal or civil charges by the District.
Penal Law Section 165.15
Adopted: 7/1/13
6460 JURY DUTY
As provided by law, any employee who is summoned to serve as a juror and who notifies the District to that effect prior to his or her term of service will not, on account of absence by reason of jury service, be subject to discharge or penalty. The District will ensure that all such absences are granted in accordance with law and the terms of any applicable collective bargaining agreement.
Judiciary Law Sections 519 and 521
Adopted: 7/1/13
Revised: 1/4/17
6470 STAFF MEMBERS’ USE OF CELLULAR TELEPHONES
No staff member employed by the Board may use non-district issued cellphones during the performance of their assigned duties or during the operation of district equipment or vehicles.
Staff are prohibited from the use of personal cellphones, pagers, walkie-talkies or other “Electronic Portable Communication Devices” while they are performing their assigned duties (class time, duty periods, unless the duty period requires the use of an “Electronic Portable Communication Device” i.e. playground or bus supervision). During meeting time, personal cellphones should be turned off and not used. Personal cellphones may be used during planning/free periods, lunch periods, and before and after the regular workday.
“Electronic Portable Communication Devices” are defined to include portable two-way communication devices, including but not limited to, cellular telephones, walkie-talkies, personal digital assistants, and other hand-held computing devices (when such device is being used as a communication device). This definition will also include any new technology developed for similar purposes. Excluded from this definition is any device with communication capabilities that has been approved for instructional purposes.
This policy does not prohibit the use of personal cellphones in emergencies or in the conduct of school business. When there is a question of what constitutes an emergency, the employee shall consult with their supervisor. If the immediate supervisor is in doubt, the supervisor should consult with the Superintendent.
“Use” shall be defined for the purposes of this policy as having or placing the device in the “On” position.
The Superintendent may develop administrative procedures to implement this policy.
This policy supersedes any other Board policy that is inconsistent with it.
Adopted: 11/6/14
6510 HEALTH INSURANCE
Health insurance for certified and support staffs shall be in accordance with their respective negotiated agreements and applicable law.
Continuation of Medical Insurance Coverage at Termination of Employment
Under the provisions of the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), employees and their dependents are eligible to continue their insurance coverage when termination of their insurance is due to a reduction in their hours worked, or upon termination of their employment.
Under COBRA, employees generally may continue their group health insurance coverage for up to 18 months. In addition, with the exception of those in self-funded or self-insured plans, employees who have exhausted their federal COBRA coverage may extend their coverage for up to an additional 18 months, for a total period of 36 months, under New York Insurance law.
Dependents of employees are eligible to continue their insurance for up to 36 months upon occurrence of one of the following events:
a) Death of the covered employee; or
b) Divorce or legal separation from the covered employee; or
c) An employee becomes eligible for Medicare and ceases to participate in the employer-sponsored plan; or
d) The dependents of a covered employee reach the maximum age for dependent coverage.
Those who are eligible to continue coverage have up to 60 days to complete the Continuation of Coverage Election Form. Premiums and administrative costs will be paid in accordance with law.
Retiree Health Insurance Cancellation Policy
The Board has adopted this policy to authorize the Business Office to drop any retiree’s health insurance coverage should they become more than three months past due.
Retirees will be billed for their insurance on a quarterly basis. They will also be able to retain the option of paying monthly or quarterly.
American Recovery and Reinvestment Act of 2009, Public Law 111-5
Consolidated Omnibus Budget Reconciliation Act of 1985
Insurance Law Section 3221(m)(4)(5) and (6)
Patient Protection and Affordable Care Act (ACA), Public Law 111-148
Adopted: 7/1/13
Revised: 8/7/14
6530 EMPLOYEE ASSISTANCE PROGRAM (EAP)
The District will provide an Employee Assistance Program for employees who are experiencing personal difficulties. The purpose of the program is to assist employees in obtaining help to resolve such problems in an effective and confidential manner. This program recognizes that the primary obligation to seek assistance and to resolve the problem rests with the employee.
The Board recognizes that a wide range of problems that are not directly associated with an employee’s job function may have an effect on an employee’s job performance. The problems may involve physical illness, mental or emotional illness, alcohol abuse or alcoholism, drug abuse or dependency, tobacco abuse or personal problems such as those of a marital, family, or financial nature.
A joint District/employee organization committee will be established to assist in the implementation of this policy.
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#6150 — Alcohol, Drugs and Other Substances (School Personnel)
#6151 — Drug-Free Workplace
Adopted: 7/1/13
6540 DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND EMPLOYEES
Liability Protection in Accordance with Education Law
The Board recognizes its statutory obligation to indemnify District employees (and in certain circumstances, Board members and volunteers) in accordance with the provisions of Education Law Sections 3023, 3028 and 3811. For the purposes of this policy, the term “employee” shall be as defined in the applicable statute(s).
The District shall not be subject to the duty to defend unless the employee, within the time prescribed by statute, delivers appropriate notice of the claim to the Board.
a) For purposes of Education Law Section 3811, the employee must give written notice within five days after service of process upon him or her. The statute mandates only written notice of the claim to the Board; however, submission of relevant legal documents by the employee to the Board is also encouraged.
b) For purposes of Education Law Sections 3023 and 3028, the employee must deliver the original or a copy of the relevant legal documents to the Board within ten days after service of process upon him or her.
The District will provide legal defense and/or indemnification for all damages, costs, and reasonable expenses incurred in the defense of an action or proceeding if authorized in accordance with statute and provided that the alleged action or omission which occurred or allegedly occurred is covered by the appropriate statute(s). Furthermore, the District will not be required to provide indemnification protection and/or legal defense unless the employee was, at the time of the alleged incident, acting in the discharge of his or her duties within the scope of his or her employment or authorized volunteer duties and/or under the direction of the Board.
Public Officers Law Section 18
The Board hereby also confers the benefits of New York State Public Officers Law Section 18 upon the “employees” of the District, as defined in Public Officers Law Section 18; and the District assumes the liability for the costs incurred in accordance with the provisions of Public Officers Law Section 18. The benefits accorded to District employees under Public Officers Law Section 18 shall supplement and be available in addition to defense or indemnification protection conferred by other enactment or provisions of law.
The term “employees” shall include members of the Board; the Superintendent; District Officers; District employees; volunteers expressly authorized to participate in a District sponsored volunteer program; or any other person holding a position by election, appointment or employment in the service of the District, whether or not compensated. The term “employee” shall also include a former employee, his or her estate or judicially appointed representative.
In accordance with the provisions of Public Officers Law Section 18, and upon compliance by the employee with the requirements of this statute, the District shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his or her public employment or duties. Furthermore, the District shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his or her public employment or duties. However, in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of the settlement by the Board.
The duty to defend and/or indemnify and save harmless, in accordance with Public Officers Law Section 18, shall be conditioned upon the delivery by the employee to the School Attorney or to the Superintendent a written request to provide for his or her defense, together with the original or a copy of any summons, complaint, process, notice, demand or pleading within ten days after he or she is served with such document. In accordance with Public Officers Law Section 18, the full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the District based upon the same act or omission, and in the prosecution of any appeal, shall also be required as a condition for the District’s duty to defend and/or indemnify and save harmless to exist.
Exceptions to Liability Coverage
Indemnification coverage and/or provision of legal defense by the District will not apply unless the actionable claim is of the type covered by the statute(s) and/or is not otherwise exempt from coverage in accordance with law. Additionally, indemnification coverage and/or the duty to provide a defense shall not arise where such action or proceeding is brought by or on behalf of the District.
Paul D. Coverell Teacher Protection Act of 2001, as authorized by the No Child Left Behind Act of 2001,
20 USC Section 6731 et seq.
Education Law Sections 1604(25), 1604(31-b), 1709(26), 1709(34-b), 2560, 3023, 3028 and 3811
General Municipal Law Sections 6-n and 52
Public Officers Law Section 18
Adopted: 7/1/13
6550 LEAVES OF ABSENCE
a) In general, leaves of absence:
1. Shall be administered by the Superintendent.
2. The Board reserves the right to grant leaves of absence for purposes or under conditions not contemplated or considered in the policy statement.
3. Under laws and rules governing such action, the Board may undertake appropriate disciplinary action where a leave of absence is falsely requested or improperly used.
4. Except by permission of the Superintendent, as expressed in writing, the purpose or conditions of a leave of absence may not be altered.
b) Leaves of absence, contractual, et al:
1. Employees who are members of a negotiating unit:
Authorization is granted to approve requests for leaves of absence submitted in accordance with provisions of contracts in effect between the District and each bargaining unit.
2. Employees who are not members of a negotiating unit:
Authorization is granted to approve requests for leaves of absence submitted by such employees where such requests are consistent with provisions of contracts in effect between the District and the bargaining unit most compatible with the employment status of the employee.
3. Employees who are under contract to the District:
Authorization is granted to implement provisions for leaves of absence contained in each such contract.
c) Leaves of absence, unpaid, not covered in b) 1. above:
1. Subject to limitations enumerated in this policy statement, authorization is granted for the following unpaid leaves of absence.
(a) For a period of time not to exceed one school year for approved graduate study, such leave to include any required internship experience.
(b) At the expiration of a paid sick leave of absence, to extend such a leave of absence for a period of time not to exceed the end of the school year next succeeding the school year in which the paid leave of absence commenced.
2. Unpaid leaves of absence shall not be used to extend vacation periods, to take vacations, to engage in other occupations, or to provide additional personal leaves, except that the Superintendent shall have discretion, where circumstances warrant, to approve leaves of absence for such purposes.
3. Unpaid leaves of absence shall not be granted unless the services of a substitute employee, satisfactory in the discretion of the Superintendent, can be secured.
4. Except where it interferes with an employee’s legal or contractual rights, the timing of unpaid leaves of absence will be granted at the convenience of the District.
d) Other leaves of absence:
1. Emergency Service Volunteer Leave
Upon presentation of a written request from the American Red Cross and with the approval of the Superintendent, employees certified by the American Red Cross as disaster volunteers shall be granted leave from work with pay for up to 20 days in any calendar year to participate in specialized disaster relief operations. This leave shall be provided without loss of seniority, compensation, sick leave, vacation leave or other overtime compensation to which the volunteer is otherwise entitled.
2. Screenings for Breast Cancer and Prostate Cancer
Employees shall be granted up to four hours of paid leave on an annual basis to undertake a screening for breast cancer; employees shall be granted up to four hours of paid leave on an annual basis to undertake a screening for prostate cancer (i.e., male employees are entitled to a total of eight hours for both screenings). This leave shall be excused leave and shall not be charged against any other leave to which the employee is entitled.
3. Blood donation
The District must either, at its option:
(a) Grant three hours of leave of absence in any 12 month period to an employee who seeks to donate blood. According to Commissioner’s Guidelines, leave granted to employees for off-premises blood donation is not required to be paid leave.
The leave may not exceed three hours unless agreed to by the Superintendent or designee; or
(b) Allow its employees without use of accumulated leave time to donate blood during work hours at least two times per year at a convenient time and place set by the Superintendent or designee, including allowing an employee to participate in a blood drive at the District.
Leave taken by employees at a District-designated donation alternative (such as a District-sponsored blood drive at the workplace) must be paid leave that is provided without requiring the employee to use accumulated vacation, personal, sick, or other leave time.
The District shall not retaliate against an employee for requesting or obtaining a leave of absence under this section. Additional leaves for the purpose of blood donation under any other provision of law shall not be prevented.
4. Bone Marrow donation
Employees seeking to undergo a medical procedure to donate bone marrow shall be granted leaves to do so, the combined length of the leaves to be determined by the physician, but may not exceed 24 work hours unless agreed to by the Superintendent or designee. The District shall require verification for the purpose and length of each leave requested by the employee for this purpose.
5. Nursing Mothers
The District shall provide reasonable unpaid break time or permit the use of paid break time or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following child birth. The District shall make reasonable efforts to provide a room or other location in close proximity to the work area where the nursing mother can express milk in privacy. The District shall not discriminate against an employee who chooses to express breast milk in the workplace.
Reasonable unpaid break time is generally no less than 20 minutes and no more than 30 minutes dependent upon the proximity of the designated location for expressing breast milk. In most situations, the District is required to provide unpaid break time at least once every three hours if requested by the employee. At the employee’s option, the District shall allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid break time(s) so long as such additional time requested falls within the District’s normal work hours.
The District shall provide written notice to employees who are returning to work following the birth of a child of their right to take unpaid leave for the purpose of expressing breast milk. Such notice may either be provided individually to affected employees or to all employees generally through publication of such notice in the employee handbook or posting of the notice in a central location.
Any employee wishing to avail herself of this benefit is required to give the District advance notice, preferably prior to her return to work, to allow the District an opportunity to establish a location and schedule leave time to accommodate employees as needed.
6. Victims of Domestic Abuse
Employers are required to provide employees with an unpaid leave to appear as a witness, consult with the District Attorney, or exercise the employee’s statutory rights as the victim of, or witness to a crime of domestic violence. In addition, a victim of domestic violence may need one or more of these types of leave.
To use this leave, the employee shall provide notice of the need for leave at any time prior to the actual day of leave. Employers are permitted to ask the employee who sought the attendance or testimony of the employee to provide verification of the employee’s service. Penalizing or discharging an employee for absences by reason of a required appearance as a witness in a criminal proceeding, or consultation with the District Attorney, or exercising his or her rights as provided under the law constitutes a Class B misdemeanor by the employer.
7. Military Leave
The District will comply with state and federal laws regarding military leave and re-employment.
Leaves of absence for military spouses are granted in accordance with law and regulation.
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 USC Sections 4301-
4333
Civil Service Law Sections 71-73, 159-b and 159-c
Education Law Sections 1709(16), 3005, 3005-a and 3005-b
General Municipal Law Section 92-c
Labor Law Sections 202-a, 202-c, 202-i, 202-j and 206-c
Military Law Sections 242 and 243
Penal Law Section 215.14
Adopted: 7/1/13
6551 FAMILY AND MEDICAL LEAVE ACT
The Board, in accordance with the Family and Medical Leave Act of 1993 (as amended) (FMLA), gives “eligible” employees of the District the right to take unpaid leave for a period of up to 12 workweeks in a 12-month period as determined by the District.
The District must compute the time frame of the 12 month period for which FMLA leave is being requested. The District uses a fixed leave year, based on its fiscal year, July 1 through June 30 as its method for calculating the leave year period for the commencement of the FMLA leave period. In certain cases, FMLA leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule.
The entitlement to leave for the birth or placement of a child shall expire at the end of the 12 month period beginning on the date of such birth or placement.
Employees are “eligible” if they have been employed by the District for at least 12 months and for at least 1,250 hours of service during the previous twelve-month period. Full-time teachers are deemed to meet the 1,250 hour test. However, a break in employment for military service (i.e., call to active duty) should not interrupt the 12 month/1,250 hours of employment requirement and should be counted toward fulfilling this prerequisite. The law covers both full-time and part-time employees.
Qualified employees may be granted leave for one or more of the following reasons:
a) The birth of a child and care for the child;
b) Adoption of a child and care for the child;
c) The placement with the employee of a child from foster care;
d) To care for a spouse, minor child or parent who has a “serious health condition” as defined by the FMLA;
e) To care for an adult child who is also incapable of self-care due to a disability (regardless of date of the onset of disability) and has a “serious health condition” as defined by the FMLA; and/or
f) A “serious health condition” of the employee, as defined by the FMLA, that prevents the employee from performing his or her job.
A “serious health condition” is defined as an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider that renders the person incapacitated for more than three consecutive calendar days. Furthermore, the first visit to a health care provider for an employee claiming a “serious health condition” under FMLA must occur within seven days of the aforementioned incapacity with the second required visit occurring within 30 days of the incapacitating event. In order for an employee to claim the need for continuous treatment under FMLA for a chronic serious health condition, the condition must require a minimum of two visits per year to a healthcare provider, continue over an extended period of time, and may cause episodic rather than a continuing period of incapacity. A “serious health condition” is also defined as any period of incapacity related to pregnancy or for prenatal care.
Military Family Leave Entitlements
Military Caregiver Leave
An eligible employee who is the spouse, son, daughter, parent, or next of kin (defined as the nearest blood relative) is entitled to up to 26 weeks of leave in a single 12 month period to care for a “military member” who is:
a) Recovering from a service-connected serious illness or injury sustained while on active duty; or
b) Recovering from a serious illness or injury that existed prior to the service member’s active duty and was aggravated while on active duty; or
c) A veteran who has a qualifying injury or illness from service within the last five years and aggravates that illness or injury.
This military caregiver leave is available during a single 12 month period during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave. Military Caregiver Leave may be combined with other forms of FMLA-related leave providing a combined total of 26 weeks of possible leave for any single 12 month period; however, the other form of FMLA leave when combined cannot exceed 12 of the 26 weeks of combined leave. Military Caregiver Leave has a set “clock” for calculating the 12 month period for when FMLA leave begins and tolling starts at the first day of leave taken.
The term “military member” means:
a) A member of the Regular Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or
b) A veteran (discharged or released under condition other than dishonorable) who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy.
“Qualifying Exigency” Leave/Call to Active Duty
An “eligible” employee is entitled to FMLA leave because of “a qualifying exigency” arising out of circumstances where the spouse, son, daughter, or parent of the employee is serving in the regular Armed Forces or either the National Guard or the Reserves and is on active duty during a war or national emergency called for by the President of the United States or Congress, or has been notified of an impending call to active duty status, in support of a contingency operation. There is no “qualifying exigency” unless the military member is or is about to be deployed to a foreign country.
A “qualifying exigency” related to families of the Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve personnel on (or called to) active duty to take FMLA protected leave to manage their affairs is defined as any one of the following reasons:
a) Short-notice deployment;
b) Military events and related activities;
c) Childcare and school activities;
d) Parental care leave;
e) Financial and legal arrangements;
f) Counseling;
g) Rest and recuperation (for up to fifteen [15] calendar days);
h) Post-deployment activities; and
i) Any additional activities where the employer and employee agree to the leave.
In any case in which the necessity for leave due to a qualifying exigency is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable. This military-related leave is for up to 12 weeks during a single 12-month period. Leave may be taken intermittently or on a reduced leave schedule.
Implementation/Benefits/Medical Certification
At the Board’s or employee’s option, certain types of paid leave may be substituted for unpaid leave.
An employee on FMLA leave is also entitled to have health benefits maintained while on leave. If an employee was paying all or part of the premium payments prior to leave, the employee will continue to pay his or her share during the leave period.
In most instances, an employee has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave.
The Board has a right to 30 days advance notice from the employee where practicable. In addition, the Board may require an employee to submit certification from a health care provider to substantiate that the leave is due to the “serious health condition” of the employee or the employee’s immediate family member. Under no circumstance should the employee’s direct supervisor contact any health care provider regarding the employee’s condition; all contact in this manner must be made by a health care provider (employed by the employer), a human resource professional, a leave administrator or a management official. If the medical certification requested by the employer is found to be deficient, the employer must indicate where the errors are, in writing, and give the employee seven days to provide corrected materials to cure any deficiency prior to any action being taken.
Special Provisions for School District Employees
An instructional employee is an employee whose principal function is to teach and instruct students in a class, a small group, or an individual setting (e.g., teachers, coaches, driving instructors, special education assistants, etc.). Teaching assistants and aides who do not have instruction as the principal function of their job are not considered an “instructional employee.”
Intermittent Leave Taken By Instructional Employees
FMLA leave that is taken at the end of the school year and resumes at the beginning of the next school year is not regarded as intermittent leave but rather continuous leave. The period in the interim (i.e., summer vacation) is not counted against an employee and the employee must continue to receive any benefits that are customarily given over the summer break.
Intermittent leave may be taken but must meet certain criteria. If the instructional employee requesting intermittent leave will be on that leave for more than 20% of the number of working days during the period for which the leave would extend, the following criteria may be required by the employer:
a) Take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; or
b) Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee’s regular position.
Appropriate notice for foreseeable FMLA leave still applies and all employees must be returned to an equivalent position within the District. Additional work-related certifications, requirements and/or training may not be required of the employee as a contingent of their return to work.
Leave Taken by Instructional Employees Near the End of the Instructional Year
There are also special requirements for instructional employees taking leave and the leave’s relation to the end of the term. If the instructional employee is taking leave more than five weeks prior to the end of the term, the District may require that the employee take the leave until the end of the term if the leave lasts more than three weeks and the employee was scheduled to return prior to three weeks before the end of the term.
If the instructional employee is taking leave less than five weeks prior to the end of the term for any of the previous FMLA-related reasons except qualifying exigency, the District may require that the employee remain out for the rest of the term if the leave lasts more than two weeks and the employee would return to work during that two week period at the end of the instructional term.
If the instructional employee begins taking leave during the three weeks prior to the end of the term for any reason except qualifying exigency, the District may require that the employee continue leave until the end of the term if the leave is scheduled to last more than five working days.
Any additional time that is required by the employer due to the timing of the end of the school year, will not be charged against the employee as FMLA leave because it was the employer who requested that the leave extend until the end of the term.
FMLA Notice
A notice which explains the FMLA’s provisions and provides information concerning the procedures for filing complaints of violations of the FMLA shall be posted in each school building and a notice of an employee’s FMLA rights and responsibilities shall be either placed in the employee handbook of the employer or furnished to each new employee upon hire. The employer has five days to supply such notice from the date of hire.
Administration is directed to develop regulations to implement this policy, informing employees of their rights and responsibilities under the FMLA.
Family and Medical Leave Act of 1993 (as amended), Public Law 103-3
National Defense Authorization Act of 2008, Public Law 110-181
10 USC 101(a) (13)
29 USC 1630.1 and 2611-2654
29 CFR Part 825 and Part 1630
42 USC 12102
Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191
45 CFR Parts 160 and 164
NOTE: Refer also to Policy #6552 — Uniformed Services Employment and Reemployment Rights
Act (USERRA)/Military Leaves of Absence
Adopted: 7/1/13
Revised: 8/7/14
6552 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)/MILITARY LEAVES OF ABSENCE
In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and State Law, the District, upon advance notice by the employee, shall grant leaves of absence for service in the uniformed services and/or military duty (hereinafter referred to as “military service” or “military duty”) to its employees who are ordered to duty or volunteer for qualifying military service. The employee’s notice may be either verbal or written. No advance notice is required if military necessity prevents the giving of notice, or the giving of notice is otherwise impossible or unreasonable under all the circumstances.
Employment Rights
Time during which an employee is absent in accordance with military leave shall not constitute an interruption of continuous employment in the District and no such employee shall be subjected, directly or indirectly, to any loss or diminution of time, service, increment, vacation or holiday privileges, or any other right or privilege, by reason of such absence; nor shall any employee be prejudiced by reason of such absence with reference to continuance in employment, reemployment, reinstatement, transfer or promotion.
Salary/Compensation
Every employee shall be paid his or her salary or other compensation for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty. This payment of salary/compensation shall not exceed a total of 30 days or 22 working days, whichever is greater, in any one calendar year; and shall not exceed 30 days or 22 working days, whichever is greater, in any one continuous period of such absence.
The employee must be permitted, upon request, to use any accrued vacation, annual, or similar leave with pay during the period of military service in order to continue his or her civilian pay. The District may not require the employee to use accrued leave.
The employee is not entitled to use accrued sick leave during the period of military service, unless the District allows employees to use sick leave for any reason or allows other similarly situated employees on comparable furlough or leave of absence to use accrued paid sick leave.
Employee Benefits
Health Plan Coverage
If the employee has coverage under a health plan in connection with his or her employment with the District, the employee must be permitted to elect to continue the coverage for a certain period of time as designated in law.
When the employee is performing military service, he or she is entitled to continuing coverage for himself or herself (and dependents if the plan offers dependent coverage) under a health plan in connection with the employment. The plan must allow the employee an opportunity to continue coverage for a period of time that is the lesser of:
a) The 24-month period beginning on the date on which the employee’s absence for the purpose of performing military service begins; or
b) The period beginning on the date on which the employee’s absence for the purpose of performing military service begins, and ending on the date on which the employee fails to return from service or apply for a position of reemployment.
Health plan administrators may develop reasonable requirements addressing how continuing coverage may be elected, consistent with the terms of the plan and USERRA’s exceptions to the requirement that the employee give advance notice of military service. Further, health plan administrators may develop reasonable procedures for employee payment to continue coverage, consistent with USERRA and the terms of the plan.
Pension/Retirement Plans
While on military duty, any District employee who is a member of any pension or retirement system may elect to contribute to such pension or retirement system the amount which he or she would have contributed had such employment been continuous. Upon making such contribution, the employee shall have the same rights in respect to membership in the retirement system as he or she would have had if the employee had been present and continuously engaged in the performance of his or her position. To the extent that such contributions are paid, absence while engaged in the performance of military duty shall be counted in determining the length of total service under such pension or retirement system.
Alternatively, employees will have an opportunity to make up contributions to the pension or retirement system upon return to employment in the District in accordance with law and the individual employee’s pension/retirement system.
The payment of member contributions required under law to obtain military service credit is waived for members called to active military duty on or after September 11, 2001 and prior to January 1, 2006, as the result of Non-Contributory Military Service Credit legislation signed as Chapter 326 of the Laws of 2005.
Time during which an employee is absent on military duty shall not constitute an interruption of continuous employment, but such time shall not be counted or included in determining the length of total service in the pension or retirement system unless the employee contributes to the pension or retirement system the amount he or she would have been required to contribute if the employee had been continuously employed during the period of military duty.
Leaves of Absence for Military Spouses
The spouse of a member of the armed forces of the United States, national guard or reserves who has been deployed during a period of military conflict (defined as a period of war declared by the United States Congress, or in which a member of a reserve component of the armed forces is ordered to active duty in accordance with the United States Code), to a combat theater or combat zone of operations shall be allowed up to ten days unpaid leave by their employer. Such leave shall only be used when such person’s spouse is on leave from the armed forces of the United States, National Guard or reserve while deployed during a period of military conflict to a combat theater or combat zone of operations.
In accordance with law, an employee means a person who performs services for hire for the District for an average of 20 or more hours per week, and includes all individuals employed at any District site having 20 or more District employees, but shall not include independent contractors.
An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided above. The provisions of this section shall not affect or prevent an employer from providing leave for military spouses in addition to leave allowed under any other provision of law. The provisions of this section shall not affect an employee’s rights with respect to any other employee benefit provided by law.
Reemployment/Restoration Rights (“Escalator Principle”)
Per USERRA, as a general rule, the employee is entitled to reemployment in the job position that he or she would have attained with reasonable certainty if not for the absence due to military service. The position to which the returning service member should be restored has become known as the “escalator principle.” The escalator principle requires that the employee be reemployed in a position that reflects with reasonable certainty the pay, benefits, seniority, and other job benefits that he or she would have attained if not for the period of military service.
Depending on the circumstances/intervening events, the escalator principle may cause an employee to be reemployed in a higher or lower position, transferred, laid off, or even terminated.
The employee must be qualified for the reemployment position. The District shall make reasonable efforts to help the employee become qualified to perform the duties of this position. The District is not required to reemploy the employee on his or her return from military service if the employee cannot, after reasonable efforts by the District, qualify for the appropriate reemployment position.
Per State law, an employee restored to his or her position after the termination of military duty shall be entitled to the rate of compensation he or she would have received had the employee remained in his or her position continuously during the period of military duty; and the employee shall be deemed to have rendered satisfactory and efficient service in the job position during the period of military leave of absence. Further, the employee shall not be subjected directly or indirectly to any loss of time service, increment, or any other right or privilege; nor shall an employee be prejudiced in any way with reference to promotion, transfer, reinstatement or continuance in employment.
All other rights, benefits, and responsibilities of a District employee serving in the military shall be in accordance with law, regulations, and/or the applicable contract/collective bargaining agreement.
Probationary Service
Public Employees in General
If a public employee (with the exception of the probationary service of “teachers” as described below) enters military duty before the expiration of the probationary period in any position to which he or she may have been appointed, or to which he or she may thereafter be appointed or promoted, the time such employee is absent on military duty shall be credited as satisfactory service during this probationary period.
Teachers/Supervisory Staff
In any case where a “teacher” (as defined in State Education Law Section 3101, the term “teacher” encompasses a broad category of full-time members of the teaching and supervisory staff of the District, and is not limited to “instructional” employees) enters military duty before the expiration of the probationary period to which he or she may have been appointed, the time the “teacher” is absent on military duty shall be credited as satisfactory service during this probationary period. If the end of such probationary service occurs while the “teacher” is on military duty or within one year following the termination of military duty, the period of the probationary service may be extended by the Board for a period not to exceed one year from the date of termination of military duty. However, in no event shall the period of probationary service in the actual performance of teaching services extend beyond that required by the District at the time of the “teacher’s” entry into military service.
Collective Bargaining Agreements/Contracts/Plans/Practices
In accordance with USERRA, any State or local law, contract, agreement, policy, plan, or practice that establishes an employment right or benefit that is more beneficial than, or is in addition to, a right or benefit under USERRA, such greater employment right or benefit will supersede this Federal Law.
Notice of Rights and Duties
The District shall provide a notice of the rights, benefits and obligations of employees and the District under USERRA. The District may provide the notice by posting it where employee notices are customarily placed. The District may also provide such notice to its employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).
The U.S. Department of Labor has developed and made available on its Website (http://www.dol.gov/vets/programs/userra/poster.htm) a poster for use by private and State employers (including school districts) that can be posted in order to comply with the notification mandate.
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Public Law 108-454
38 USC Sections 4301-4333
20 CFR Part 1002
Education Law Section 3101
Military Law Sections 242 and 243
NOTE: Refer also to Policies #6212 — Certifications and Qualifications
#6213 — Registration and Professional Development
#6551 — Family and Medical Leave Act
Adopted: 7/1/13
6560 DETERMINATION OF EMPLOYMENT STATUS: EMPLOYEE OR INDEPENDENT CONTRACTOR
Regulations recently promulgated by the Office of the State Comptroller provide guidance to school districts to help them determine whether an individual is an employee, and therefore eligible for membership in the New York State and Local Retirement System (NYSLRS) and for service credit, or an independent contractor who is not eligible for membership.
A certification of the determination that an individual is an employee will now be required when the District initially reports to the NYSLRS certain covered professionals — those persons providing services as an attorney, physician, engineer, architect, accountant or auditor.
Employee shall mean an individual performing services for the District for which the District has the right to control the means and methods of what work will be done and how the work will be done. Independent contractor shall mean a consultant or other individual engaged to achieve a certain result who is not subject to the direction of the employer as to the means and methods of accomplishing the result. (Guidance from the New York State Education Department emphasizes that Districts and BOCES do not have the authority to enter into agreements with independent contractors for instructional services).
Employees to be Reported to NYSLRS
Only persons who are active members of NYSLRS and who have been assigned a registration number shall be included in the reporting requirements. In the case of employees who are in the process of being registered to membership, all service, salary and deductions data and mandatory contributions shall be accumulated by the District and such accumulation shall be included with the first monthly report which is due after the employee’s registration number has been assigned.
An individual serving the District as an independent contractor or consultant is not an employee and should not be reported to the retirement system.
The District has the primary responsibility for determining whether an individual is rendering services as an employee or as an independent contractor. When making such a determination the District must consider the factors enumerated in State Regulations.
The District shall also complete, as necessary, a Certification Form for Individuals Engaged in Certain Professions (Form RS2414) as promulgated by the Office of the New York State Comptroller. As noted on the Certification Form instructions, when making a determination as to an individual’s status as an employee or independent contractor, no single factor should be considered to be conclusive of the issue. All factors should be considered in making an assessment of an individual’s status when engaged to perform services.
Written Explanation by District: Certain Professions
In the case of an individual whose service has been engaged by the District in the capacity of attorney, physician, engineer, architect, accountant or auditor and the District has determined that the individual is rendering service as an employee and, therefore, may be eligible for credit with a retirement system, the District shall submit to the retirement system, in a form prescribed by the Comptroller and certified by the Chief Fiscal Officer of the District, an explanation of the factors that led to the conclusion that the individual is an employee and not an independent contractor or consultant.
Retirement and Social Security Law Sections 11, 34, 311, and 334
2 NYCRR Sections 315.2 and 315.3
Adopted: 7/1/13
6561 PROFESSIONAL SERVICES PROVIDERS
Determination by Employer
The District has the primary responsibility for determining whether an individual is rendering services as an employee or as an independent contractor. When making such a determination the District must consider the factors enumerated in Commissioner’s Regulations Sections 315.2 and 315.3. An individual serving the District as an independent contractor or consultant is not an employee and should not be reported to the New York State and Local Retirement System (NYSLRS).
Charging for Professional Services
A lawyer shall not simultaneously be an independent contractor and an employee of the District for the purpose of providing legal services to the District.
A lawyer who is not an employee of the District shall not seek to be or be considered, treated or otherwise reported by the District as an employee thereof for purposes of compensation, remuneration, health insurance, pension and all employment-related benefits and emoluments associated therewith [Education Law Section 2051(2)].
Enforcement
Any person who shall knowingly:
a) Violate the provisions of Education Law Section 2051(2);
b) Make a false statement of material fact; or
c) Falsify or permit to be falsified any record or records of the retirement system in an attempt to defraud the retirement system as a result of such act for the purpose of obtaining a credit towards pension benefits, or a benefit or payment in excess of $1,000 from such retirement system for a professional services provider to which such professional services provider would not be entitled, shall be guilty of a Class E felony.
Reports Regarding Lawyers
The District shall, on or before the 45th day after the commencement of its fiscal year, file with the State Education Department, the State Comptroller and the Attorney General a report specifying those requirements enumerated in Education Law Section 2053.
Protection Against Fraud
Any person who shall knowingly make any false statement, or shall falsify or permit to be falsified any record or records of the retirement system in any attempt to defraud the system as a result of such act, shall be guilty of a misdemeanor, and shall be punishable under the laws of New York State.
Any violation of applicable law that results in a member or beneficiary of the retirement system receiving a benefit or payment in excess of $1,000 more than he or she would have been entitled to shall be a class E felony. Any violation of applicable law that results in a member or beneficiary of the retirement system receiving a benefit or payment in excess of $3,000 more than he or she would have been entitled to shall be a class D felony.
Education Law Sections 525, 2050-2054
Retirement and Social Security Law Sections 111 and 411
8 NYCRR Sections 315.2 and 315.3
NOTE: Refer also to Policy #6560 — Determination of Employment Status: Employee
or Independent Contractor
Adopted: 7/1/13
6562 EMPLOYMENT OF RETIRED PERSONS
A retired person may be employed and earn compensation in a position in the District, without any effect on his or her status as retired and without suspension or diminution of his or her retirement allowance subject to the conditions enumerated in Retirement and Social Security Law Section 211(1). However, there will be no earning limitations on or after the calendar year in which any retired person attains age 65.
No retired person may be employed in the District except upon approval of the Civil Service Commission or the Commissioner of Education unless otherwise authorized in accordance with law, as discussed below.
Two sections of the Retirement and Social Security Law (RSSL Section 211 and 212) affect a retiree’s return to public employment in New York State. If a retiree returns to public employment, he or she may still be able to collect his or her pension depending upon:
a) How much is earned after returning to work; and
b) The retiree’s age.
If a retiree is under age 65, he or she can return to public employment without approval or reduction in retirement benefits as long as his or her calendar year earnings do not exceed $30,000 (the RSSL Section 212 limit). If a retiree’s earnings will be more than the Section 212 limits, the employer must request and receive prior approval from the appropriate agency to hire the retiree under Section 211. This may help avoid a reduction or suspension of the retiree’s pension. (Refer to subheading below for more information regarding RSSL Section 211 and the approval process.)
Section 211 waivers are provided for “unclassified service” positions. Retired police officers employed by a school district as a School Resource Officer fall under the “classified service” but may have the earnings limitation waived at the discretion of the Commissioner of Education, as long as all of the requirements for waivers in the unclassified service are fulfilled.
There is generally no restriction on a retiree’s earnings beginning in the calendar year he or she turns 65, unless returning to public office.
RSSL Section 211 Approval Process
Approval for post-retirement employment of a person under the age of 65 or a retired police officer employed as a School Resource Officer whose calendar year earnings exceed $30,000 may be granted only on the written request of the District giving detailed reasons related to the standards set forth in Section 211; and on a finding of satisfactory evidence by the Civil Service Commission or the Commissioner of Education that the retired person is duly qualified, competent and physically fit for the performance of the duties of the position in which he or she is to be employed and is properly certified where such certification is required.
The District will prepare a detailed recruitment plan to fill such vacancy on a permanent basis when the need arises and will undertake extensive recruitment efforts to fill the vacancy prior to making a determination that there are no available non-retired persons qualified to perform the duties of such position.
Approvals to hire retired individuals may be granted for periods not exceeding two years each, provided that a person may not return to work in the same or similar position for a period of one year following retirement. However, in accordance with RSSL Section 212, a retiree may return to work in the same or similar position within the same year following retirement if his or her earnings are under $30,000 or if he or she receives a Section 212 waiver, or other conditions exist as enumerated in law.
Reporting Requirements and Disclosure
a) The District will report all money earned by a retired person in its employ in excess of the earnings limitation outlined in Retirement and Social Security Law Section 212 to the retirement system administered by the State or any of its political subdivisions from which the retired person is collecting his or her retirement allowance.
b) The District, when employing a retired person who is eligible to collect or is already collecting a retirement allowance from a retirement system administered by the State or any of its political subdivisions, will report on an annual basis to the retirement system paying such retirement allowance and to the State Comptroller. This report will consist of the re-employed retiree’s name, date of birth, place of employment, current position, and all earnings.
Public Record
Any request for approval of the employment of a retired person, including the reasons stated, and the findings and determination of such request will be a public record open for inspection in the Office of the Civil Service Commission, the Commissioner of Education, or the Board making such findings and determination as specified in Retirement and Social Security Law Section 211.
Education Law Section 525
Retirement and Social Security Law Sections 111, 211, 212, 217, and 411
8 NYCRR Section 80-5.5(b)
Adopted: 7/1/13
Revised: 1/4/17
7000 Students
ATTENDANCE
- 1.1 Comprehensive Attendance Policy………………………………………………………………. 7110
- 1.2 Age of Entrance……………………………………………………………………………………….. 7120
- 1.2.1 Diagnostic Screening of Students……………………………………………………… 7121
- 1.3 Entitlement to Attend — Age and Residency …………………………………………………. 7130
- 1.3.1 Education of Homeless Children and Youth……………………………………….. 7131
- 1.3.2 Non-Resident Students……………………………………………………………………. 7132
- 1.3.4 School Choice……………………………………………………………………………….. 7134
- 1.4 School Census …………………………………………………………………………………………. 7140
STUDENT PROGRESS
- 2.1 Student Evaluation, Promotion and Placement ………………………… 7210
- 2.1.1 Provision of Interpreter Services to Parents Who Are Hearing Impaired….. 7211
- 2.1.2 Response to Intervention (RtI) Process………………………………………………. 7212
- 2.1.3 “Opting Out” of State Testing…………………………………………………………… 7213
- 2.2 Graduation Options/Early Graduation/Accelerated Programs…………………………… 7220
- 2.2.1 Early Admission Policy…………………………………………………………………… 7221
- 2.2.2 Diploma or Credential Options for Students with Disabilities………………… 7222
- 2.2.3 Weighting Policy for High School Ranking and GPA ………………………….. 7223
- 2.2.4 Calculation of Cumulative Average and Class Rank…………………………….. 7224
- 2.4 Student Records: Access and Challenge……………………………….. 7240
- 2.4.1 Student Directory Information………………………………………………………….. 7241
- 2.4.2 Military Recruiters’ Access to Students ……………………………………………… 7242
- 2.4.3 Student Data Breaches ……………………………………………………………………. 7243
- 2.5 Student Privacy, Parental Access to Information, and Administration of
Certain Physical Examinations to Minors …………………………………………………….. 7250 - 2.6 Designation of Person in Parental Relation ………………………….. 7260
- 2.7 Rights of Non-Custodial Parents…………………………………………………………………. 7270
STUDENT CONDUCT
- 3.1 School Conduct and Discipline
- 3.1.1 Loss or Destruction of District Property or Resources ………………………….. 7311
- 3.1.3 Suspension of Students …………………………………………………………………… 7313
- 3.1.4 Students Presumed to Have a Disability for Discipline Purposes …….. 7314
- 3.1.5 Student Use of Computerized Information Resources
(Acceptable Use Policy)………………………………………………………………….. 7315 - 3.1.6 Student Use of Personal Technology…………………………………………………. 7316
- 3.2 Alcohol, Tobacco, Drugs and Other Substances (Students) ……………… 7320
- 3.3 Searches and Interrogations of Students………………………….. 7330
- 3.4 Bus Rules and Regulations ………………………………………………………………………… 7340
- 3.5 Corporal Punishment/Emergency Interventions ……………….. 7350
- 3.5.2 Emergency Intervention (Crisis De-Escalation and Restraint)…..7352
- 3.6 Weapons in School and the Gun-Free Schools Act ……………….. 7360
STUDENT ACTIVITIES
- 4.1 Extracurricular Activities…………………………………………………………………………… 7410
- 4.1.1 Censorship of School Sponsored Student Publications and Activities……… 7411
- 4.2 Sports and the Athletic Program …………………………………………………………………. 7420
- 4.3 Contests for Students, Student Awards and Scholarships ……………. 7430
- 4.3.1 Recognizing Senior Academic Achievement ………………………………………. 7431
- 4.5 Fund Raising by Students, Staff, or School-Related Groups…………………………….. 7450
- 4.6 Constitutionally Protected Prayer in the Public Schools ………………………………….. 7460
STUDENT WELFARE
- 5.1 School Health Services ……………………………………………………………………………… 7510
- 5.1.1 Immunization of Students ……………………………………………………………….. 7511
- 5.1.2 Student Physicals …………………………………………………………………………… 7512
- 5.1.3 Administration of Medication ………………………………………………………….. 7513
- 5.1.4 Student Health Records…………………………………………………………………… 7514
- 5.2 Accidents and Medical Emergencies……………………………………………………………. 7520
- 5.2.1 Students with Life-Threatening Health Conditions ………………………………. 7521
- 5.2.2 Concussion Management ………………………………………………………………… 7522
- 5.3 Child Abuse and Maltreatment …………………………………………………………………… 7530
- 5.5 Dignity for All Students…………………………………………………………………………….. 7550
- 5.5.1 Sexual Harassment of Students ………………………………………………………… 7551
- 5.5.2 Student Gender Identity ………………………………………………………………….. 7552
- 5.5.3 Hazing of Students…………………………………………………………………………. 7553
- 5.5.4 Suicide…………………………………………………………………………………………. 7554
- 5.6 Notification of Sex Offenders …………………………………………………………………….. 7560
- 5.7 Supervision of Students …………………………………………………………………………….. 7570
- 5.8 Safe Public School Choice Option to Students who are Victims of a
Violent Criminal Offense…………………………………………………………………………… 7580
STUDENTS WITH DISABILITIES
- 6.1 Special Education: District Plan…………………………………………………………………. 7610
- 6.1.1 Children with Disabilities………………………………………………………………… 7611
- 6.1.2 Grouping by Similarity of Needs………………………………………………………. 7612
- 6.1.3 The Role of the Board in Implementing a Student’s
Individualized Education Program ……………………………………………………. 7613 - 6.1.4 Preschool Special Education Program……………………………………………….. 7614
- 6.1.5 Least Restrictive Environment …………………………………………………………. 7615
- 6.1.6 Prereferral Intervention Strategies …………………………………………………….. 7616
- 6.1.7 Declassification of Students with Disabilities ……………………………………… 7617
- 6.1.8 Use of Time Out Rooms………………………………………………………………….. 7618
- 6.2 Students with Disabilities Participating in School District Programs…………………. 7620
- 6.2.1 Section 504 of the Rehabilitation Act of 1973 …………………………………….. 7621
- 6.3 Appointment and Training of CSE and CPSE Members
- 6.3.1 Appointment and Training of Committee on Special Education (CSE)/
Subcommittee on Special Education Members ……………………………………. 7631 - 6.3.2 Appointment and Training of Committee on Preschool
Special Education (CPSE) Members …………………………………………………. 7632 - 6.4 Student Individualized Education Program (IEP): Development and Provision….. 7640
- 6.4.1 Transition Services…………………………………………………………………………. 7641
- 6.4.2 Extended School Year (July/August) Services and/or Programs …………….. 7642
- 6.4.3 Transfer Students with Disabilities……………………………………………………. 7643
- 6.5 Identification and Register of Children with Disabilities (Child Find) ……………….. 7650
- 6.6 Parent Involvement for Children with Disabilities………………………………………….. 7660
- 6.7 Due Process Complaints: Selection and Board Appointment of Impartial
Hearing Officers ………………………………………………………………………………………. 7670 - 6.8 Independent Educational Evaluations ………………………………………………………….. 7680
- 6.9 Special Education Mediation ……………………………………………………………………… 7690
7110 COMPREHENSIVE ATTENDANCE POLICY
The Board of the Oppenheim-Ephratah-St. Johnsville Central School District recognizes that student attendance in school is an important component of student success. Student interaction with teachers and other students in class helps to enhance the academic learning experience and provides a basis by which students can demonstrate mastery of subject matter.
In this regard and in accordance with Section 104.1 of the Regulations of the Commissioner of education, the Board adopts this comprehensive attendance policy, containing the following components:
a) Overall objectives of the policy;
b) Specific strategies to accomplish these objectives;
c) Excused vs. unexcused student absences or tardiness;
d) Coding system identifying reasons for absence or tardiness;
e) Student attendance and course credit;
f) Disciplinary sanctions;
g) Notice to parents or guardians;
h) Intervention strategies to identify patterns of student absence or tardiness;
i) Parties responsible for student attendance in each school; and
j) Annual review of policy by the Board.
All staff will be provided with a copy of the comprehensive attendance policy and any amendment to such policy within ten days following initial adoption or amendment of the policy. New staff members shall receive a copy of the comprehensive attendance policy upon commencement of employment with the District.
The Board shall promote community awareness of the District comprehensive attendance policy by providing a plain language summary of the policy to the parents or guardians of students at the beginning of each school year and taking such other steps deemed necessary to promote the understanding of such policy by students and their parents or guardians. Copies of the complete comprehensive attendance policy shall be available in the District Central Office and in each school building and will be provided to any member of the community upon request.
Overall Objectives of the Policy
The major objectives of the comprehensive attendance policy in the Oppenheim Ephratah-St. Johnsville Central School District are to:
a) Ensure the maintenance of an adequate record verifying the attendance of all children at instruction in accordance with Education Law;
b) Establish a practical mechanism for each school in the District to account to the parents or guardians of students enrolled in the school for the whereabouts of such children throughout each day; and
c) Ensure sufficient pupil attendance at all scheduled periods of actual instruction or supervised study activities to permit such pupils to succeed at meeting the State learning standards.
Specific Strategies to Accomplish These Objectives
The Board charges the Superintendent or designee to develop a system of pupil attendance recordkeeping in each school in a register of attendance that shall provide an accurate record of each pupil’s presence, absence, tardiness, and early departure. The register of attendance shall set forth the following for each pupil: name; date of birth; full names of parents or guardians; address where pupil resides; phone numbers where the parents or guardians may be contacted; date of the pupil’s enrollment; and a record of the pupil’s attendance on each day of scheduled instruction.
All entries in the register of attendance shall be made by the teacher of the class in which the pupil is enrolled. The entries in the register of attendance shall be verified by the oath or affirmation of the individual making the entries in the register of attendance. The principal of each school shall have the responsibility of supervising the keeping of the register of attendance. The principal shall also be charged with reviewing pupil attendance records periodically for the purpose of initiating appropriate action in accordance with this policy to address unexcused pupil absence, tardiness, and early departure.
Attendance in each school building shall be recorded as follows:
- In each school building, after the taking of attendance in each period of scheduled instruction.
- Any absence for a school day or portion thereof shall be recorded as excused or unexcused in accordance with the standards articulated in this policy. In the event that a pupil at any instructional level arrives late for or departs early from scheduled instruction, such tardiness or early departure shall be recorded as excused or unexcused in accordance with the standards articulated in this policy.
Excused vs. Unexcused Absences and Tardiness
The following reasons for pupil absences, tardiness, and early departure shall be considered by the Board to be excused when provided written documentation:
a) Illness;
b) Illness or death in the family;
c) Unsafe travel conditions;
d) Religious observance;
e) Medical appointments;
f) Quarantine;
g) Required court appearances;
h) Participation in a school-sponsored activity;
i) Approved college visits (requires completion of college verification form);
j) Approved cooperative work programs.
Any other pupil absence, tardiness or early departure is considered by the Board to be unexcused. Each absence, tardiness and early departure shall be accounted for by the teacher in the register of attendance and shall be entered as excused or unexcused.
It is the responsibility of the parents or guardians of the pupil to notify the office by telephone on the morning of the absence or tardiness or at the time of early departure as to the reason for such absence, tardiness or early departure. As a follow-up to any oral notification, parents or guardians of the pupil shall provide a written excuse upon return to school containing the date of the absence, tardiness, or early departure and reason for such within five (5) days.
Coding System Identifying Reasons for Absence or Tardiness
The Board shall charge the Superintendent or designee to design a coding system that will be used by the District in recording pupil absences, tardiness or early departure in their registers or attendance.
For any absence, tardiness or early departure that is excused, the coding system shall identify the reason for such absence, tardiness or early departure. An absence, tardiness or early departure shall be assumed to be unexcused until written confirmation is received that such absence, tardiness or early departure is in fact excused with appropriate reason.
Along with coding for whether an absence, tardiness or early departure is excused or unexcused and, if excused, the reason for such, the teacher shall record the time of entry of a student due to tardiness and the time of exit of a student due to early departure.
The following codes shall be consistently used by the District:
A – Absent Unexcused
T – Tardy Unexcused
E – Excused/Early Dismissal
AE – Absent Excused
TE – Tardy Excused
Student Attendance and Course Credit
The Board recognizes that regular attendance in classes is essential to the total learning process. Although some class absence may be unavoidable, each student is expected to make every effort to attend each assigned class. The underlying rationale for an attendance policy that denies course credit for non-attendance is based on recognition of the vital role classroom attendance and participation plays in academic achievement.
In order for a student in the high school or middle school to receive credit for a course, it is important that the student attend regular class meetings. For a full-year course, twenty-four (24) absences may result in a loss of credit. For a half-year course, twelve (12) absences may result in a loss of credit. Where a student earns a passing grade, credit will not be denied for the course(s).
Any pupil absence that is both properly excused and for which the student has performed any assigned make-up work shall not be counted as an absence for the purpose of determining the student’s eligibility for course credit under this policy. It shall be the student’s responsibility to obtain all make-up work from his or her teacher(s) immediately upon the student’s return to school, and all make-up work shall be submitted within three days after the excused absence to be reviewed by the teacher.
All medical expenses shall be submitted upon student’s return to school in order to be considered as a valid excuse for the student’s absence within five (5) days.
Notice to the pupil’s parents or guardians regarding absences and the potential for denial of course credit and strategies that shall be employed in the high school and middle school prior to the denial of course credit to the pupil for insufficient attendance shall be as follows:
Notification
Full Year Course 7, 12, 18, 24
Semester Course 5, 10, 12
In-school suspension, for which the student is doing work related to his or her particular classes, and out-of-school suspension, where the student takes advantage of alternate educational services provided by the District, shall not count as absences from class under this section of the policy.
Disciplinary Sanctions
Where it is determined by the school that disciplinary sanctions are necessary to discourage a specific instance of an unexcused pupil absence, tardiness or early departure or a pattern of unexcused absences, tardiness or early departures by a pupil, the following sanctions shall be available for use by the school.
Detention, ISS, Loss of Pass Privilege, Suspension from Athletic Participation, Loss of Extracurriculars, P.I.N.S., Probation: clubs, Honor Society, etc.; Loss of: clubs, etc. Loss of transportation privileges; transportation is the responsibility of parents or guardians.
The Board shall charge the Superintendent or designee with the task of monitoring the effectiveness of the disciplinary sanctions in each of the schools.
Notice to Parents or Guardians
As noted in this policy, any pupil absence, tardiness or early departure other than those specified in the policy is considered by the Board to be unexcused. It is the responsibility of the parents or guardians of the pupil to excuse such absence, tardiness or early departure by notifying the office by telephone on the morning of the absence or tardiness or at the time of early departure as to the reason for such absence, tardiness or early departure.
As a follow-up to any oral notification, parents or guardians shall provide a written excuse upon return to school, which shall include the following: date of the absence, tardiness, or early departure and reason for such.
Intervention Strategies to Identify Patterns of Student Absence or Tardiness
The Board understands that in order to increase overall District attendance and pupil attendance in each school building, it is important to develop a process by which teachers and other school employees can readily identify patterns of unexcused pupil absence, tardiness or early departure and can employ specific intervention strategies in an attempt to change such patterns.
Each school building shall establish a committee which shall be charged with monitoring overall pupil attendance and determining and addressing specific patterns of unexcused pupil absence, tardiness or early departure. The committee shall be comprised of the building principal, nurse, social worker, and other support staff as determined by the principal.
The committee shall meet on a regular basis to identify specific pupils with patterns of unexcused absences, tardiness or early departure and the intervention strategies to be employed by teachers and other school staff to address these patterns. Minutes of each meeting of the committee shall be kept for documentation and shall be made available upon request of the Superintendent. The building principal will be given minutes to report on quarterly attendance.
A designated staff member will review the District’s Attendance Policy with students (and parents) who have excessive and/or unexcused absences, tardiness or early departures. Further, appropriate student support services/personnel within the District, as well as the possible collaboration/referral to community support services and agencies, will be implemented prior to the denial of course credit for insufficient attendance by the student.
Students who incur an illness or injury that causes them to be absent in excess of five school days are requested to apply for home tutoring. In the event home tutoring is requested, a physician’s statement is required describing the medical condition and verifying that the student will be absent in excess of five school days. When home tutoring begins, no further days will be recorded as absences.
Parties Responsible for Student Attendance in Each School
The principal of each school building shall be charged by the Board to be the person responsible for reviewing pupil attendance records and initiating appropriate actions at the building level to address unexcused pupil absence, tardiness and early departure consistent with the comprehensive attendance policy of the District.
Annual Review of Policy by the Board
The Board shall annually review overall District pupil attendance and the pupil attendance records for each school building. Should such records demonstrate a decline in pupil attendance, the Board shall have the opportunity to amend the comprehensive attendance policy and make revisions to the plan as deemed necessary. Any such amendment to the comprehensive attendance policy shall be provided in writing to each staff member no later than ten days after adoption of the amendment by the Board.
Adopted: 10/4/17
Revised: 9/18/13; 10/30/13; 9/1/2017
7120 AGE OF ENTRANCE
Kindergarten
Students who are legal residents of the District and who reside with parents or guardians within the District at the time of the opening day of school must be five years of age or more on December 1 in order to register for Kindergarten.
A child who transfers into the District at any time during the school year may be considered for admission to Kindergarten by the Superintendent provided:
a) The parents were not legal residents of the District on the opening day of school, and
b) The child has been registered and enrolled in kindergarten in the District in which his or her parents were legal residents.
Other Grades
Admission of children to other grades shall involve a consideration of both chronological age and the readiness of the children to do the work of those grades.
Proof of Age
A student’s birth certificate or other satisfactory evidence of age shall be presented at the time of initial registration. The child shall be entered under his or her legal name.
Education Law Sections 1712, 3202, 3212 and 3218
NOTE: Refer also to Policies #7130 — Entitlement to Attend — Age and Residency
#7131 — Education of Homeless Children and Youth
Adopted: 7/1/13
7121 DIAGNOSTIC SCREENING OF STUDENTS
The District has developed a plan for the diagnostic screening of all new entrants and students with low test scores to determine whether such students have or are suspected of having a disability, are possibly gifted, or are possibly English Language Learners (ELLs). The results of the diagnostic screening will be contained in a written report that will be shared with the parent.
A new entrant means a student entering the New York State public school system, pre-kindergarten through grade 12, for the first time, or re-entering a New York State public school with no available record of a prior screening.
Students with low test scores are students who score below level two on either the third grade English language arts or mathematics assessment for New York State elementary schools.
The diagnostic screening will be conducted:
a) By persons appropriately trained or qualified;
b) By persons appropriately trained or qualified in the student’s home language if the language of the home is other than English;
c) In the case of new entrants, prior to the school year, if possible, but no later than December 1 of the school year of entry or within 15 days of transfer of a student into a New York State public school should the entry take place after December 1 of the school year;
d) In the case of students with low test scores, within 30 days of the availability of the test scores.
No screening examination for vision, hearing, or scoliosis condition is required where a student, parent, or person in parental relation objects on the grounds that the examination conflicts with their genuine and sincere religious beliefs.
Results and Reports
The results of the diagnostic screening will be reviewed and a written report of each student screened will be prepared by appropriately qualified District staff. If the screening indicates a possible disability, a possibly gifted child, or a child identified as possibly being an ELL, the District will refer the child for the appropriate programs or services.
Parents or guardians of children to be screened will receive information in advance regarding the purpose of screening, the areas to be screened and the referral process. The information will be communicated either orally or in writing in a language that the parent or guardian can understand.
Upon request, the District will provide parents or guardians with the written results of their child’s performance on screenings. The results of all mandated screening examinations will be provided to the child’s parent or guardian and to any teacher of the child within the school while the child is enrolled. A letter will be sent to the parent or guardian of any child who fails a screening.
Confidentiality of Information
All information collected about a child through the screening program will be kept confidential.
Family Educational Rights and Privacy Act of 1974, 20 USC § 1232(g)
Education Law §§ 901, 903, 904, 905, 914, and 3208(5)
Public Health Law § 2164
8 NYCRR Parts 117, 136, 142.2, and 154
NOTE: Refer also to Policies #7131 — Education of Homeless Children and Youth
#7512 — Student Physicals
#8240 — Instructional Programs: Driver Education, Gifted and
Talented Education and Physical Education
Adopted: 7/1/13
Revised: 1/4/17
7130 ENTITLEMENT TO ATTEND — AGE AND RESIDENCY
All persons residing within the District who are between the ages of five years and 21 years and who have not received a high school diploma are entitled to enroll in the District.
A student who becomes six years of age on or before the first of December in any school year will be required to attend full-time instruction from the first day that the District schools are in session in September of that school year. A student who becomes six years of age after the first of December in any school year will be required to attend full-time instruction from the first day of session in the following September. Each student will be required to remain in attendance until the last day of session in the school year in which the student becomes 16 years of age.
Evidence of a prospective student’s age and residency must be presented in such form as is permitted by state and federal law and regulation.
Determination of Student Residency
Residence is established by a child’s physical presence as an inhabitant within the District and his or her intent to reside in the District.
A child’s residence is presumed to be that of his or her parents or legal guardians. Where a child’s parents live apart, the child can have only one legal residence. In cases where parents have joint custody, the child’s time is essentially divided between two households, and both parents assume responsibility for the child, the decision regarding the child’s residency lies ultimately with the family. Where parents claim joint custody, but do not produce proof of the child’s time being divided between both households, residency will be determined on the basis of the child’s physical presence and intent to remain within the District.
The presumption that a child resides with his or her parents or legal guardians may be rebutted upon demonstration that custody of such child has been totally and permanently transferred to another individual. The District will not acknowledge living arrangements with persons other than a child’s parents or legal guardians which are made for the sole purpose of taking advantage of the District’s schools.
The presumption that a child resides with his or her parents or legal guardians may also be rebutted upon demonstration that such child is an emancipated minor. To establish emancipation, a minor may submit documentation of his or her means of support, proof of residency, and an explanation of the circumstances surrounding the student’s emancipation, including a description of the student’s relationship with his or her parents or persons in parental relationship.
Undocumented Children
Undocumented children are entitled to attend the District’s schools, provided they meet the age and residency requirements established by state law. Consequently, the District will not request on any enrollment or registration form, in any meeting, or in any other form of communication, any documentation or information regarding or tending to reveal the immigration status of a child, a child’s parent(s), or the person(s) in parental relation. In the event the District is required to collect certain data, it will do so after the child has been enrolled or registered; in no instance will the information be required as a condition of enrollment or continued attendance.
Children of Activated Reserve Military Personnel
Students temporarily residing outside the boundaries of the District, due to relocation necessitated by the call to active military duty of the student’s parent or person in parental relation, will be allowed to attend the public school that they attended prior to the relocation. The District is not required to provide transportation between a temporary residence located outside the District and the school the child attends.
Homeless Children
Determinations regarding whether a child is entitled to attend the District’s schools as a homeless child or youth will be made in accordance with Commissioner’s regulation Section 100.2(x), as well as applicable District policy.
Family Educational Rights and Privacy Act, 20 USC § 1232g
Education Law §§ 310, 906, 3202, 3205, 3214, and 3218
Family Court Act § 657
8 NYCRR § 100.2(x) and (y)
NOTE: Refer also to Policies #7131 — Education of Homeless Children and Youth
#7132 — Non-Resident Students
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7131 EDUCATION OF HOMELESS CHILDREN AND YOUTH
The Board recognizes the unique challenges that face homeless students and will provide these students with access to the same free, appropriate public education, including public preschool education, as other children and youth and access to educational and other services necessary to be successful in school, and will ensure that they are not separated from the mainstream school environment. The Board is also committed to eliminating barriers to the identification, enrollment, attendance, or success of homeless students.
As defined in Commissioner’s regulations, a “homeless child” means a child or youth who lacks a fixed, regular, and adequate nighttime residence, including a child who is:
a) Sharing the housing of other persons due to a loss of housing, economic hardship, or a similar reason;
b) Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;
c) Abandoned in hospitals; or
d) A migratory child who qualifies as homeless in accordance with Commissioner’s regulations. The term “migratory child” includes a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who has moved from one school district to another in the preceding 36 months, in order to obtain, or accompanies his or her parent or spouse in order to obtain, temporary, or seasonal employment in agricultural or fishing work; or
e) A child or youth who has a primary nighttime location that is:
1. A supervised, publicly, or privately operated shelter designed to provide temporary living accommodations, including, but not limited to, shelters operated or approved by the state or local department of social services, and residential programs for runaway and homeless youth established in accordance with Executive Law Article 19-H; or
2. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; including a child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station or similar setting.
An “unaccompanied youth” means a homeless child not in the physical custody of a parent or legal guardian. This term does not include a child or youth who is residing with someone other than a parent or legal guardian for the sole reason of taking advantage of the schools of the District.
A designator will decide which school district a homeless child or unaccompanied youth will attend. A designator is:
a) The parent or person in parental relation to a homeless child; or
b) The homeless child, together with the homeless liaison designated by the District, in the case of an unaccompanied youth; or
c) The director of a residential program for runaway and homeless youth, in consultation with the homeless child, where the homeless child is living in that program.
The designator may select either the school district of current location, the school district of origin, or a school district participating in a regional placement plan as the district the homeless child will attend. However, the designated school district must determine whether the designation made by the parent, guardian, or youth, in the case of an unaccompanied youth, is consistent with the best interest of the child by considering certain student-centered factors, including factors related to the impact on education and the health and safety of the child or youth.
A homeless child is entitled to attend the school district of origin for the duration of his or her homelessness and also through the remainder of the school year in which he or she locates permanent housing in accordance with his or her best interest.
The term “school district of origin” includes preschool and feeder schools as defined by applicable law.
Enrollment, Retention, and Participation in the Educational Program
The District will immediately enroll children and youth who are homeless even if the child missed any relevant application or enrollment deadlines during any period of homelessness. The ability of a homeless child or youth to continue or participate in the educational program will similarly not be restricted due to issues such as:
a) Transportation;
b) Immunization requirements;
c) Residency requirements;
d) Birth certificates, medical records, individualized education programs (IEPs), school records and other documentation;
e) Guardianship issues;
f) Comprehensive assessment and advocacy referral processes;
g) Resolution of disputes regarding school selection;
h) Proof of social security numbers;
i) Attendance requirements;
j) Sports participation rules;
k) Inability to pay fees associated with extracurricular activities such as club dues and sports uniforms; or
l) Other enrollment issues.
Educational Programs and Services
The District will provide homeless children and youth with access to all of its programs, activities, and services to the same extent that they are provided to resident students.
Homeless children and youth will be educated as part of the school’s regular academic program. Services will be provided to homeless children and youth through programs and mechanisms that integrate homeless children and youth with their non-homeless counterparts, including programs for special education, vocational and technical education, gifted and talented students, before and after school, English language learners, Head Start, Even Start, and school nutrition. Services provided with McKinney-Vento funds will expand upon or improve services provided as part of the regular school program. Consequently, the District will ensure that homeless children and youth are not segregated in a separate school, or in a separate program within the school, based on their status as homeless; and to the extent feasible consistent with the requirements of Commissioner’s regulations, keep a homeless child or youth in the school of origin except when doing so is contrary to the wishes of the child’s or youth’s parent or guardian. Further, the District will review and revise policies and practices, including transportation guidelines as well as those related to outstanding fees, fines, or absences, that may act as barriers to the enrollment, attendance, school success, and retention of homeless children and youth in the District.
Transportation
In order to ensure immediate enrollment, and so as not to create barriers to the attendance, retention, and success of homeless students, transportation must be promptly provided. If the local social service district or the Office of Children and Family Services is not required to provide transportation, the designated district is responsible for the provision and the cost of the student’s transportation through the remainder of the school year in which the homeless student becomes permanently housed.
Where a homeless student designates the school district of current location as the district the student will attend, then that district will provide transportation to the student on the same basis as a resident student. Where the homeless student designates the school district of origin or a school district participating in a regional placement plan, then that district must provide transportation to and from the homeless child’s temporary housing and school not to exceed 50 miles each way unless the Commissioner certifies that the transportation is in the best interests of the child.
Transportation is required even if the school of origin is located in another local educational agency (LEA) as long as attendance at the school of origin is in the best interest of the child or youth, even if it requires students to cross district lines. If two school districts are involved, the districts must agree on a method to apportion the cost and responsibility of transportation, or they must split it equally.
Transportation responsibilities apply to all school districts regardless of whether or not they receive McKinney-Vento funds. Transportation must be provided pending final resolution of any enrollment disputes, including any available appeals. If the designated district provides transportation for non-homeless preschool children, it must also provide comparable transportation services for homeless preschool children.
District Liaison for Homeless Children and Youth
The District will designate an appropriate staff person, who may also be a coordinator for other federal programs, as the local educational agency liaison for homeless children and youth to carry out the duties as described in law, Commissioner’s regulations, and applicable guidance issued by the U.S. and New York State Education Departments. The District will inform school personnel, local service providers, and advocates of the office and duties of the local homeless liaison.
Training
All school enrollment staff, secretaries, school counselors, school social workers, and principals will be trained on the requirements for enrollment of homeless students. Other staff members including school nutrition staff, school registered professional nurses, teachers, and bus drivers will receive training on homelessness that is specific to their field.
Outreach
The District will make every effort to inform the parents or guardians of homeless children and youth of the education, transportation, and related opportunities available to their children including transportation to the school of origin. The parent(s) or guardian(s) will be assisted in accessing transportation to the school they select, and will be provided with meaningful opportunities to participate in the education of their children. Public notice of educational rights of homeless children and youth will be disseminated by the District in places where families and youth are likely to be present (e.g., schools, shelters, soup kitchens), and in comprehensible formats (e.g., geared for low literacy or other community needs).
Dispute Resolution
The District will establish procedures for the prompt resolution of disputes regarding school selection or enrollment of a homeless child or youth and provide a written explanation, including a statement regarding the right to appeal to the parent or guardian if the District sends the student to a school other than the school of origin or the school requested by the parent or guardian. These disputes will include, but are not limited to, disputes regarding transportation and/or a child’s or youth’s status as a homeless child or unaccompanied youth.
In the event of a dispute regarding eligibility, school selection, or enrollment, the homeless child or youth will be entitled to immediate or continued enrollment and transportation pending final resolution of the dispute, including all available appeals.
Record and Reporting Requirements
If the District, as the school district of origin, receives a request to forward student records to a receiving district, the records must be forwarded within five days of receipt of the request.
The District will maintain documentation regarding all aspects of the District’s contact with and services provided to homeless students and youth for possible on-site monitoring by the State Education Department.
The District will collect and transmit to the Commissioner of Education, at such time and in the manner as the Commissioner may require, a report containing information as the Commissioner determines is necessary to assess the educational needs of homeless children and youths within the state.
Student Privacy
Any information pertaining to the living situation of a homeless student, such as his or her homeless status or temporary address, is considered a student educational record and is not subject to disclosure as directory information under the Family Educational Rights and Privacy Act (FERPA).
McKinney-Vento Homeless Education Assistance Act, as reauthorized by The Every Student Succeeds Act
(ESSA), 42 USC § 11431 et seq.
Education Law §§ 902(b) and 3209
Executive Law Article 19-H
8 NYCRR § 100.2(x)
NOTE: Refer also to Policy #7511 — Immunization of Students
Adopted: 7/1/13
Revised: 11/2/16
7132 NON-RESIDENT STUDENTS
Non-resident families who wish to enroll children in the Oppenheim-Ephratah-St.Johnsville Central School District will submit a request in writing to the Superintendent who will determine whether or not admission will be granted.
The following general conditions for acceptance will be met when considering admittance:
a) There is sufficient space to accommodate the non-resident student;
b) No increase in the size of faculty or staff will be necessary;
c) Admittance will not result in the establishment of a new section;
d) The student has a satisfactory disciplinary at all former schools attended;
e) Parents or guardians must work out transfer conditions with the home school district or provide their own transportation;
f) All rules and regulations in effect for District students will be applicable to non-District students;
g) Generally speaking, tuition will not be charged to non-resident pupils.
Final decisions regarding the acceptance of non-resident students rest with the Board. All requests will be directed to the Superintendent in writing.
Future Students
The children of families who have signed a contract to buy or build a residence in the District may be enrolled for the semester in which they expect to become residents. The parent or legal guardian must submit an affidavit attesting that they intend to become residents within the semester.
Foreign Students
Students from other nations who are living with District residents may be enrolled at the discretion of the District. In accordance with federal law, a foreign student who attends a public secondary school under an F-1 Visa must reimburse the District for the full unsubsidized per capita cost of providing education at the school during the student’s attendance. The administration is authorized to file with the U.S. Department of Homeland Security the forms necessary for the monitoring of non-immigrant foreign students during the course of their stay in the District in accordance with the Student and Exchange Visitor Information System (SEVIS).
Other Non-resident Students
Non-resident students other than those affected by the above provisions may be accepted at the discretion of the Superintendent on an annual basis provided the general conditions listed above are met.
Former Residents
Students of any grade who move from the OESJ School District during the school year may be given permission to finish the semester in which the move occurs. Upon moving outside the District, the parent or legal guardian must apply to have the student enrolled as a nonresident student.
Foreign Exchange Students
Only foreign students participating in a recognized Student Exchange Program under a J-1 Visa may attend District schools without payment of tuition. The administration is authorized to file with the U.S. Department of Homeland Security the forms necessary for the monitoring of non-immigrant foreign students during the course of their stay in the District in accordance with the Student and Exchange Visitor Information System (SEVIS).
Proof of Residency
Such documentary or sworn proof as shall be required by the administration or Board must be furnished prior to the admission of any child residing in the District with a person not his parent or who is the child of a non-resident. The admission of homeless children and youth will be in accordance with law.
Reservation of Claims
Should a material misstatement of fact be made and relied upon by any administrator or the Board in admitting a non-resident student without tuition, the Board shall be entitled to recover the cost of instruction for the time the student was not authorized to attend a school in the District from the person having made the misstatement or from a person in parental relation to the student.
Legal Residence
Parents who maintain more than one residence, but whose legal residence for the purposes of voting or filing income tax is within the District, are eligible to send their children to District schools. However, school tax payments of non-residents who own assessable property in the District will be deducted from any tuition charges levied against such non-resident.
Education Law Sections 1709(13), 2045 and 3202
8 New York Code of Rules and Regulations (NYCRR) Section 174.2
8 United States Code (USC) Chapter 12
Adopted: 7/1/13
Revised: 8/7/13; 8/16/16
7134 SCHOOL CHOICE
The OESJ School District strives to provide every student with as many opportunities and choices as possible. If a student and that student’s parent wishes for their child to attend one of the district schools that they are not assigned to (ex. Student lives in Oppenheim but wishes to go to DHR) the following steps must be taken:
a) The parent or guardian must submit a written request to the Superintendent that they wish for their child to attend school in a specific building.
b) The Superintendent will then determine if it is feasible to place the student in the building by looking at class size. If the placement of the student will increase class size to a number that would be detrimental to the learning environment of the class; the student will not be allowed to change school buildings.
c) If it is determined that placing the student in the class will not exceed class size guidelines or result in disparate class size within the grade level, it will be the parents or guardians responsibility to provide transportation for the student on a daily basis. Transportation may be provided by the District if instructional time is not affected.
d) If adding a student to the class will not overcrowd and the parent or guardian agrees to provide transportation daily for the student a written agreement will be placed in the students file signed by both the Superintendent and the student’s parent or guardian stating that all parties agree with the stipulations.
This request must be made annually. Prior year allowances are not guaranteed due to class size, etc.
Adopted: 2/9/15
7140 SCHOOL CENSUS
Although not required by law, the Oppenheim-Ephratah-St. Johnsville Central School District will take a census of all children from birth to 18 years of age. Census data shall be reported as required by law.
The census must indicate the names of all children between birth and 18 years of age, and of children with disabilities between birth and 21 years of age; their respective residences by street and number; the day of the month and the year of their birth; the names of the parents or persons in parental relation to them; such information relating to physical or mental disabilities, to illiteracy, to employment and to the enforcement of the law relating to child labor and compulsory education as the State Education Department and the Board shall require; and also such further information as the Board shall require.
On written request and in such form as prescribed by the Commissioner of Education, the Board shall provide to the Commissioner a report containing the names, ages and addresses of those children who are blind or deaf, and those children having serious physical or mental disabilities. Additionally, such report shall further indicate whether such children are being educated within the public schools of the District or, if they are not, where such education is being furnished to them.
Parents or persons in parental relation to those children within the prescribed census age ranges are to make such reports as the Board shall require, including, but not limited to, providing two weeks before the child reaches compulsory school age, the name of the child; the child’s residence; the name of the person or persons in parental relation to the child; the name and location of the school to which the child shall have been or shall be sent as a student; and such other information as required by law or as the Board may require.
A parent, guardian or other person having under his or her control or charge a child between birth and 18 years of age who withholds or refuses to give information in his or her possession relating to such census data as required by law pertaining to the child; or, in the alternative, gives false information in relation to such census data, shall be liable to and punished by a fine or imprisonment as established by law.
Count of Immigrant Children and Youth
As a provision of the federal Title III Part A – English Language Acquisition, Language Enhancement, and Academic Achievement Act under the No Child Left Behind Act of 2001, the U.S. Secretary of Education requires that all local educational agencies (LEAs) count the number of “immigrant children and youth” enrolled in the public and nonpublic schools in the geographic area under the jurisdiction of, or served by, the LEA. The results of this count have important implications for the receipt of supplemental federal funds to eligible LEAs in New York State for services to recently arrived immigrant children and youth.
For purposes of this count, the term “immigrant children and youth” shall include those individuals who:
a) Are ages three through 21;
b) Were NOT born in any state or from the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands; and
c) Have NOT been attending schools in any one or more States for more than three full academic years.
Each nonpublic school shall report its data to the public school district in which it is located. It is the responsibility of each public school district to report its immigrant count as well as the counts for all nonpublic schools within its jurisdiction.
In accordance with law, the District shall conduct its survey and submit the information electronically to the New York State Education Department by the specified deadline date. LEAs must also maintain on file a list of the immigrant students counted, their countries of origin, dates of arrival, and the public or nonpublic school in which they are registered as well as copies of the letter to each of the nonpublic schools in its jurisdiction regarding the count.
20 USC Section 6811
Education Law Sections 3240-3243 and 4402(1)(a)
8 NYCRR Section 200.2(a)
NOTE: Refer also to Policy #7650 — Identification and Register of Children with Disabilities (Child Find)
Adopted: 7/1/13
7210 STUDENT EVALUATION, PROMOTION AND PLACEMENT
Grade Promotion and Placement
Grade promotion and the placement of students within the District’s instructional system shall be at the discretion of the school administration and shall be subject to review at any time. In making such decisions, the administrator or building principal will be guided by: performance in class; past records, including various measures of student growth; recommendations from parents, persons in parental relation to District students, and teachers; and any other appropriate sources of information. With regard to student placement decisions, parents or persons in parental relation to District students may submit written requests for teacher attributes that would best serve their child’s learning needs; however, requests for specific teachers will not be honored.
Testing Program
The District utilizes various ability, achievement, diagnostic, readiness, interest and guidance tests for the purpose of complying with state and federal law and/or aiding the implementation of quality educational services. The District will not make any student promotion or placement decisions based solely or primarily on student performance on the state administered English language arts and mathematics assessments for grades 3 through 8. The District may, however, consider student performance on such state assessments in making student promotion and placement decisions provided that multiple measures be used in addition to such assessments and that such assessments do not constitute the major factor in such determinations.
Alternative Testing Procedures
The use of alternative testing procedures shall be limited to:
a) Students identified by the Committee on Special Education and/or Section 504 Team as having a disability. Alternative testing procedures shall be specified in a student’s Individualized Education Program or Section 504 Accommodation Plan; and
b) Students whose native language is other than English (i.e., English language learners) in accordance with State Education Department Guidelines.
The alternative testing procedures employed shall be based upon a student’s individual needs and the type of test administered.
The District shall report the use of alternative testing procedures to the State Education Department on a form and at a time prescribed by the Commissioner.
Reporting to Parents and Persons in Parental Relation to Students
Parents and/or persons in parental relation to District students shall receive an appropriate report of student progress at regular intervals.
The District will not place or include on a student’s official transcript or maintain in a student’s permanent record any individual student score on a state administered standardized English language arts or mathematics assessment for grades 3 through 8. However, the District will comply with state and federal requirements regarding the maintenance and transfer of student test scores. Any test results on a state administered standardized English language arts or mathematics assessment for grades 3 through 8 sent to parents or persons in parental relation to a student shall include a clear and conspicuous notice that such results will not be included on the student’s official transcript or in the student’s permanent record and are being provided to the student and parents for diagnostic purposes.
When necessary, attempts will be made to provide interpreters for non-English speaking parents and/or persons in parental relation to District students.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
Education Law Sections 305(45) – (47), 1709(3)
8 NYCRR Sections 100.2(g), 100.2(ll), 100.3(b)(2)(iv), 100.4(b)(2)(v), 100.4(e)(6)
8 NYCRR Parts 117 and 154
Adopted: 7/1/13
Revised: 1/4/17
7211 PROVISION OF INTERPRETER SERVICES TO PARENTS WHO ARE HEARING IMPAIRED
The Board assures parents or persons in parental relation who are hearing impaired the right to meaningful access to school initiated meetings or activities pertaining to the academic and/or disciplinary aspects of their children’s education. School initiated meetings or activities are defined to include, but are not limited to, parent-teacher conferences, child study or building-level team meetings, planning meetings with school counselors regarding educational progress and career planning, suspension hearings or any conferences with school officials relating to disciplinary actions. The term “hearing impaired” shall include any hearing impairment, whether permanent or fluctuating, which prevents meaningful participation in District meetings or activities.
Parents or persons in parental relation shall be notified of the availability of interpreter services to be provided at no charge, provided that a written request is made to the District within 14 days of the scheduled event. Exceptions to the time frame request may be made for unanticipated circumstances as determined by the principal or designee. The District shall also notify appropriate school personnel as to the terms and implementation of this policy.
If interpreter services are requested, the District shall appoint an interpreter for the hearing impaired to interpret during the meeting or activity. The District will arrange for interpreters through a District-created list or through an interpreter referral service. The District shall also develop interagency agreements, as appropriate, to ensure that sign language interpreters are provided for eligible parents or persons in parental relation when District students attend out-of-District schools or programs.
In the event that an interpreter is unavailable, the District shall make other reasonable accommodations which are satisfactory to the parents or persons in parental relation. Examples of what constitutes reasonable accommodations in the event an interpreter cannot be located may include, but are not limited to, the use of:
a) Written communications, transcripts, note takers, etc.; and
b) Technology, such as: a decoder or telecommunication device for the deaf, assistive listening devices, and closed or open captioning.
Education Law Section 3230
8 NYCRR Section 100.2(aa)
Adopted: 7/1/13
7212 RESPONSE TO INTERVENTION (RTI) PROCESS
Response to Intervention (RtI) is a multi-tiered early prevention and intervention system designed to improve outcomes for all students. In accordance with Commissioner’s regulations, the District has established administrative practices and procedures for implementing District-wide initiatives that address a Response to Intervention (RtI) process applicable to all students. For students suspected of having a potential learning disability, the District will provide appropriate RtI services in accordance with Commissioner’s regulations prior to a referral to the Committee on Special Education (CSE) for evaluation.
The SED has released a guidance document to assist school districts in designing and implementing an effective RtI process. This document includes, but is not limited to, information regarding regulatory requirements, quality indicators, staff development, tools to assist districts in selecting a specific model and procedures for the use of RtI data in determining if a student has a learning disability. This guidance document is available at:
https://www.p12.nysed.gov/specialed/RTI/guidance-oct10.pdf.
The Oppenheim-Ephratah-St. Johnsville Central School District has established procedures for identifying students with learning disabilities that use a research-based RtI process prior to, or as part of, an individual evaluation to determine whether a student has a learning disability. An RtI process is required for all students in grades kindergarten through grade 4 suspected of having a learning disability in the area of reading. RtI cannot be utilized as a strategy to delay or deny a timely initial evaluation of a student suspected of having a disability under the Individuals with Disabilities Education Act (IDEA).
Minimum Requirements of District’s RtI Program
The District’s RtI process shall include the following minimum requirements:
a) An Instructional Support Team (IST) shall be established in each building. Recommended personnel on each team will be appointed by the building principal;
b) Scientific, research-based instruction in reading and mathematics provided to all students in the general education class by qualified personnel. Instruction in reading, per Commissioner’s regulations, shall mean scientific, research-based reading programs that include explicit and systematic instruction in phonemic awareness, phonics, vocabulary development, reading fluency (including oral reading skills) and reading comprehension strategies;
c) Screenings shall be provided to all K through 5 students at least quarterly to identify those students who are not making academic progress at expected rates. At other grade levels (6 through 12) screenings shall be provided as determined by the IST;
d) Scientific, research-based instruction matched to student need with increasingly intensive levels of targeted interventions for those students who do not make satisfactory progress in their levels of performance and/or in their rate of learning to meet age or grade level standards;
e) Repeated assessments of student achievement which should include curriculum based measures to determine if interventions are resulting in student progress toward age or grade level standards;
f) The application of information about the student’s response to intervention to make educational decisions about changes in goals [i.e., goals for all students, not just Individualized Education Program (IEP) goals], instruction and/or services and the decision to make a referral for special education programs and/or services;
g) Written notification to the parents when the student requires an intervention beyond that provided to all students in the general education classroom that provides information about:
1. The amount and nature of student performance data that will be collected and the general education services that will be provided as enumerated in Commissioner’s regulations;
2. Strategies for increasing the student’s rate of learning; and
3. The parents’ right to request an evaluation for special education programs and/or services.
Structure of Response to Intervention Program
The District’s RtI program will consist of multiple tiers of instruction/assessments to address increasingly intensive levels of targeted intervention to promote early identification of student performance needs and/or rate of learning, and to help raise achievement levels for all students.
Instructional Support Teams, whose members may include, but are not limited to, regular education teachers, special education personnel, the school psychologist, reading and math coordinators, designated administrators, and other individuals deemed appropriate by the District, will be available for each building/grade level classification to address the implementation of the District’s RtI process.
The Instructional Support Team’s responsibilities shall include, but are not limited to, the following:
a) Determining the level of interventions/student performance criteria appropriate for each tier of the RtI model;
b) Analyzing information/assessments concerning a student’s response to intervention and making educational decisions about changes in goals, instruction and/or services;
c) Determining whether to make a referral for special education programs and/or services.
Criteria for Determining the Levels of Intervention to be Provided to Students
Criteria for determining the levels of intervention provided to students, and the assessments used, will be determined by the Instructional Support Teams.
Types of Interventions
The District will provide multiple tiers of increasingly intensive levels of targeted intervention and instruction for those students who do not make satisfactory progress in their levels of performance and/or in their rate of learning to meet age or grade level standards.
It is expected that use of the Tier Level of instruction will be specific to each student’s needs and will be an ongoing process, with students entering and exiting tiers of intervention according to the analysis of student performance data and progress monitoring.
Tier One Instruction
Tier One instruction is provided to all students in the general education setting. The use of scientific, research based instruction in the areas of reading and math will be provided by the general education teacher and/or other qualified personnel as appropriate, and will emphasize proactive, preventative core instructional strategies in the classroom setting. Group and/or individualized instruction, assessment and reinforcement activities will be provided as deemed appropriate by the classroom teacher.
The analysis of Tier One student performance data will be used to identify those students who need additional intervention at the Tier Two Level of instruction.
Tier Two Instruction
In general, Tier Two instruction will consist of small group, targeted interventions for those students identified as being “at risk” who fail to make adequate progress in the general education classroom. Tier Two instruction will include programs and intervention strategies designed to supplement Tier One interventions provided to all students in the general education setting.
Tier Two instruction may be provided by specialized staff such as reading and math teachers, tutors, speech therapists, school psychologists and/or school counselors as determined by the Instructional Support Team.
At the conclusion of Tier Two instruction, the Instructional Support Team will review the student’s progress and make a determination as to whether Tier Two interventions should be maintained; the student returned to the general education classroom if satisfactory progress is shown; or referred for Tier Three instruction.
Tier Three Instruction
Tier Three instruction is the provision of more intensive instructional interventions, tailored to the needs of the individual student; and is provided to those students who do not achieve adequate progress after receiving interventions at the Tier Two level. Tier Three instruction may include longer periods of intervention program and services than those provided in the first two Tiers based upon the significant needs of the student.
Tier Three instruction will be provided by those specialists, as determined by the Instructional Support Team, best qualified to address the individual student’s targeted area(s) of need. If deemed appropriate by the Team, and in accordance with applicable law and regulation, a referral of the student may be made to the Committee on Special Education.
Progress monitoring on a continuous basis is an integral part of Tier Three; and the student’s response to the intervention process will determine the need/level of further intervention services and/or educational placement.
Amount and Nature of Student Performance Data to be Collected
The Instructional Support Team will determine the amount and nature of student performance data that will be collected to assess, on an ongoing basis, student performance results and address ongoing academic needs as warranted. Such data collection will reflect the Tier Level of intervention provided to the student. Student performance data will also be used to review the District’s RtI program and make modifications to the program as deemed necessary.
Manner and Frequency for Progress Monitoring
The Instructional Support Team shall monitor the progress of those students receiving intervention services beyond that provided to all students in the general education classroom. The Team shall meet with the student’s teacher(s) and will determine if further adjustments need to be made to the student’s current instructional program and/or a change made to the Tier Level of intervention provided. Monitoring of student progress shall be an ongoing part of the RtI program from the initial screening to completion of the RtI process as applicable. Parents may also request that the progress of their child be reviewed by the Instructional Support Team.
Fidelity measures (e.g., an observational checklist of designated teaching behaviors in accordance with the RtI process being implemented) will also be completed by Team members to assess whether the intervention was implemented as intended and uniformly applied. Clear benchmarks will be established for student performance and performance charts will be plotted at the completion of the instructional period/intervention process.
Staff Development
All staff members involved in the development, provision and/or assessment of the District’s RtI program, including both general education and special education instructional personnel, shall receive appropriate training necessary to implement the District’s RtI program. Staff development will include the criteria for determining the levels of intervention provided to students, the types of interventions, collection of student performance data, and the manner and frequency for monitoring progress.
Parent Notification
Written notification shall be provided to parents when their child requires an intervention beyond that provided to all students in the general education classroom. Such written notice shall include the following information:
a) The amount and nature of student performance data that will be collected and the general education services that will be provided as part of the RtI process;
b) Strategies for increasing the child’s rate of learning; and
c) The parents’ right to request an evaluation for special education programs and/or services.
34 CFR Sections 300.309 and 300.311
Education Law Sections 3208, 4002, 4401, 4401-a, 4402, 4402, and 4410
8 NYCRR Sections 100.2(ii), 200.2(b)(7), 200.4(a), 200.4(j)(3)(i), and 200.4(j)(5)(i)(g)
Adopted: 8/7/14
7213 “OPTING OUT” OF STATE TESTING
The District and the New York State Department of Education highly discourages parents or guardians from “opting” students out of state testing. However, the District understands that there may be circumstances where a parent or guardian decides to have their child “opt-out” of a state test. If a parent or guardian wishes for their child to “opt-out” the following steps must be taken:
a) A written request, including the reasons for “opting-out,” must be submitted to the Superintendent 30 days prior to the test date.
b) The Superintendent will reply in writing acknowledging such request for “opting-out” within 5 business days of receipt of letter from the parent or guardian.
c) On the day of the test the student will be given an assignment that is academically based in a quiet location that will be designated by the Principal. Under no circumstances will the student who has opted out of testing be assigned to a recreational period in the gymnasium or other such area.
d) When the time for the state test is over, the student who “opted-out” will then return to the class and resume class work with the rest of his or her class.
Adopted: 2/9/15
7220 GRADUATION OPTIONS/EARLY GRADUATION/ACCELERATED PROGRAMS
To graduate from the District, a student must meet or exceed the requirements set forth in Part 100 of the Commissioner’s regulations. The Board may establish graduation requirements that exceed the minimum standards set by the Board of Regents. The District will award the appropriate diploma, credential, or both to students.
Pathways to Graduation
Students must pass the required number of Regents examinations or approved alternative exams and meet any further graduation requirements; these requirements may include passing an approved pathways assessment, other assessment, or an additional exam that measure an equivalent level of knowledge and skill. Students who fail certain Regents examinations may appeal the result in accordance with Commissioner’s regulations.
Early Graduation
A student may be eligible for early graduation (fewer than eight semesters) if the student completes all requirements for graduation, excluding physical education. The District will consult with appropriate personnel, the student, and persons in parental relation, and consider factors such as the student’s grades, performance in school, future plans, and benefits to graduation early in making its decision.
Accelerated Programs
Eighth Grade Acceleration for Diploma Credits
Eighth grade students may take appropriate high school courses. The Superintendent or designee will determine whether an eighth grade student is eligible to take high school courses using criteria that examines each student’s readiness. By the end of seventh grade, accelerated students must receive instruction designed to facilitate their attainment of the state intermediate learning standards in each subject area in which they are accelerated.
Advanced Placement (AP)
Advanced Placement examinations afford students the opportunity to earn credit or advanced standing in many colleges and universities. The College Board administers a variety of AP examinations in May of each year. The District will determine a student’s readiness for enrollment in any AP class.
Dual Credit for College Courses
Students who have demonstrated intellectual and social maturity may choose to matriculate at any one of the colleges that have a cooperative agreement with the District. Students who wish to enroll in college-level coursework must meet all academic, grade level, and coursework requirements. These opportunities may include early admission to college, collegiate-level work offered in the high school, or other means of providing advanced work. The administration will review and approve any college courses before they are taken during the school day. The Board will not pay tuition and other related costs for those high school students enrolled in college courses.
Online Coursework
The District may offer students the ability to complete general education and diploma requirements for a specific subject through online instruction or blended coursework that combines online and classroom-based instruction.
To receive credit for online coursework, students must successfully complete an online or blended course and demonstrate mastery of the learning outcomes for the subject by passing the Regents exam or other assessment in the subject area.
8 NYCRR §§ 100.1(i), 100.2(f), 100.4(d), 100.5, 100.6, and 200.5
NOTE: Refer also to Policy #7222 — Diploma or Credential Options for Students with Disabilities
Adopted: 7/1/13
Revised: 8/7/14; 3/5/15; 10/5/16
7221 EARLY ADMISSION POLICY
The Oppenheim-Ephratah-St. Johnsville Central School Board recognizes the fact that some students may wish to conclude all graduation requirements except English, Economics and Participation in Government by the end of their Junior Year and apply for early admission to college. In this regard, consideration will be given to those students who file for early admission who meet the following qualifications:
a) Parental permission and statement as to the reason for the request for early admission.
b) At the end of eleventh grade, the student requesting early admission, must have completed all graduation credits, except for English 12, Economics, Participation in Government, and Health. The courses listed above may either be taken at the college, Oppenheim-Ephratah-St. Johnsville Central School, or a combination of both schools.
c) Recommendation and approval of both the Guidance Director and building principal for early admission.
All applications for early admission will be reviewed and must be approved by the Superintendent. Once the Superintendent approves the early admission, it will be passed on to the Board for their final approval.
In order to plan schedules, all applications for early admission must be submitted by August 15 prior to the student’s Senior Year.
Students on an early admission program remain a member of their class and may participate in the graduation ceremony of their class a s well as having their class standing maintained.
Adopted: 7/1/13
7222 DIPLOMA OR CREDENTIAL OPTIONS FOR STUDENTS WITH
DISABILITIES
The District will provide students with disabilities appropriate opportunities to earn a diploma or other exiting commencement credential in accordance with Commissioner’s regulations. During the student’s annual review, the District will evaluate graduation opportunities and identify the means to achieve them. As part of this process, the District:
a) Will coordinate activities with guidance personnel and BOCES staff to ensure that students meet credit and sequence requirements and to consider them for vocational opportunities.
b) May modify instructional techniques and materials. Any modifications will be included on a student’s Individual Education Plan (IEP) so that they can be implemented consistently throughout the student’s program.
c) Will review special education instructional programs to ensure equivalency with the same courses taught in the general education program.
d) Will coordinate communication between special and general education staff so that all staff members understand required skills and competencies, and to establish equivalency of instruction in special education classes.
Graduation and transition plans will take into account the various pathways available to these students. For students with IEPs, the District will plan transition services for post-secondary life as early as possible, but no later than the school year in which the student turns age 15. The transition activities will be focused on improving both the student’s academic and functional achievement. The plan will explore post-secondary opportunities and employment options and, if applicable, connection with adult service agencies that may provide the student with services after exiting school.
The District may award these diplomas or credentials, or both:
a) Local diploma: available to students with an IEP or a Section 504 accommodation plan that specifies a local diploma. Students must comply with credit requirements. The available assessments to earn a local diploma include:
1. Low-pass safety net option: students must achieve a score of 55 or higher on five required Regents exams.
2. Low-pass safety net and appeal: available to students who score 52-54 on a Regents exam, successfully appeal that score, and meet all appeal conditions.
3. Regents Competency Test (RCT) safety net option: a student who enters grade 9 before September 2011 must pass a corresponding RCT if he or she does not attain a score of 55 or higher on the Regents examination.
4. Compensatory safety net option: except for scores on ELA and math exams, students may use one Regents exam score of 65 or above to compensate for a Regents exam score of 45-54. Students must score at least 55 (or successfully appeal a score of 52-54) on both the ELA and a math exam.
5. Superintendent’s determination: students who are unable to demonstrate their proficiency on standard state assessments because of one or more disabilities may be able to graduate upon the Superintendent’s review and written certification of their eligibility. The Superintendent must review every student who does not meet graduation standards through the appeal and safety net options for potential eligibility under this determination.
b) Career Development and Occupational Studies commencement credential (CDOS): any student who is not assessed using the New York State Alternate Assessment (NYSAA) may earn the CDOS commencement credential as a supplement to a Regents or local diploma or as his or her only exiting credential if the student attended school for at least 12 years, excluding kindergarten. The student must meet criteria specified by the SED confirming that he or she has attained the standards-based knowledge, skills, and abilities necessary for entry-level employment.
c) Skills and Achievement commencement credential: students with severe disabilities who are assessed using the NYSAA may earn the SA commencement credential. They must attend school for at least 12 years, excluding kindergarten. The District must document the student’s skills, strengths, and levels of independence in academic, career development, and foundation skills needed for post-secondary life.
Education Law §§ 3202 and 4402
8 NYCRR §§ 100.1, 100.2, 100.5, 100.6, 200.4, and 200.5
NOTE: Refer also to Policy #7220 — Graduation Options/Early Graduation/Accelerated Programs
Adopted: 7/1/13
Revised: 8/7/14; 10/5/16
7223 WEIGHTING POLICY FOR HIGH SCHOOL RANKING AND GPA
All classes including Regents exams that are mandated by New York State for graduation will be a regular grade with no grade points applied towards the student’s final GPA and ranking in their class. The student must score a 65 or better on the Regents exam to receive this grade. All classes that are high school credit bearing from the eighth grade through grade 12 at 30 weeks are calculated into the average which determines final class rank and GPA.
Extra weight is applied to all classes where a student goes above and beyond New York State’s graduation required courses. This weight is distributed differently depending on the rigor level of the course.
A weight of 3 grade points is applied to 4th year classes not required for graduation: Physics, Pre-Calculus, and Calculus.
A weight of 5 grade points is applied to College in the High School, College Now, Early Admit classes through the community college, and the New Visions programs.
A weight of 7 grade points is applied to all AP classes.
For a student to be eligible for class ranking, he or she must be enrolled before the first five week marking period of his or her senior year. Final class ranking will be determined at the end of the 30 weeks in a student’s senior year.
Adopted: 5/28/15
7224 CALCULATION OF CUMULATIVE AVERAGE AND CLASS RANK
Cumulative averages for the purpose of class ranking at the end of the senior year only, shall be calculated with a weighted grade point scale at the end of the final week of the third ten-week period of a student’s senior school year. The OESJ Weighted Grade Index will account for every course offering at OESJ High School. Calculation of cumulative grade average for the purposes of college application processing will include courses completed through the student’s junior year of high school.
a) Grades for all courses taken in high school and for which credit has been earned, shall be included in the calculation of cumulative average and class rank.
b) BOCES courses will be weighted and counted as “Regents” level courses.
OESJ High School Weighting System for Ranking
The weighting system described below will be applied when determining a student’s final cumulative average for the purpose of determining class rank. Adding all of the weighted grades and dividing by the total number of credits will determine this final average.
Formula for Determining Each Course Grade
Earned Grade + Quality Point = Weighted Grade
OESJ Weighted Grade Index
Course Level Courses Quality Point Index +0
Regents Art: All Art classes
Agriculture: All Agriculture classes
Business: All Business classes except those offered as College in the High School Classes
Computers: All Classes except those offered as College in the High School Classes
English: English 9, English 10, English 11, Senior English
Foreign Language: Spanish I, Spanish IB, Spanish II, Spanish III
Health: High School Health
Mathematics: Math A, Math A-1, Math A-2, Math A-3, Math A/B, Math B, Business Math
Music: All Music classes, Choir, Band, Handbell, Jazz Band, Music Theory, Guitar
Physical Education: All Physical Education classes
Science: General Science, Earth Science, Living Environment, Chemistry, Ecology, Forensics, Animal Science, Veterinary Science, Environmental Science
Social Studies: Global History 9, Global History 10, US History and Government, Participation in Government, Economics
Technology: All Technology classes
BOCES: All BOCES classes with the exception of the New Visions Program 0
Upper Level Academic 4th year courses not required for graduation including: Physics, Pre-Calculus, Calculus +3
College Level College in the High School classes, approved Early-Admission at FMCC, New Visions classes +5
Advanced Placement All approved AP classes +7
Effect of Index for Weighting on Earned Grades
Earned Grade Regents Level Index Upper Level Academic Index College Level Index 99 102 104 106 Advanced Placement Index
100 100 103 105 107
99 99 102 104 106
98 98 101 103 105
97 97 100 102 104
96 96 99 101 103
95 95 98 100 102
Grade Point Average Conversion Table
This table will be used to convert grades from a 4.0 grade to a numerical grade.
Grade Point Average Numerical Equivalent
4.0 100-97
3.9 96-95
3.8 94-93
3.7 92
3.6 91
3.5 90
3.4 89
3.3 88
3.2 87
3.1 86
3.0 85
2.9 84
2.8 83
2.7 82
2.6 81
2.5 80
2.4 79
2.3 78
2.2 77
2.1 76
2.0 75
1.9 74
1.8 73
1.7 72
1.6 71
1.5 70
1.4 69
1.3 68
1.2 67
1.1 66
1.0 65
No credit will be offered for courses transferring in at a grade below 1.0 or 65%.
This table will be used to convert grades from a letter grade to a numerical grade.
Letter Grade Numerical Grade
A+ 100
A 96
A- 92
B+ 89
B 86
B- 82
C+ 79
C 76
C- 72
D+ 69
D 67
D- 65
F 60
Adopted: 7/17/13
7240 STUDENT RECORDS: ACCESS AND CHALLENGE
The District shall comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Under its provisions, parents or guardians and noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student under 18, or a student who is 18 years of age or older or who is attending an institution of post-secondary education, have a right to inspect and review any and all education records maintained by the District.
Education Records
The term “education records” is defined as all records, files, documents and other materials containing information directly related to a student; and maintained by the education agency or institution, or by a person acting for such agency or institution (34 Code of Federal Regulations (CFR) Section 99.3). This includes all records regardless of medium, including, but not limited to, handwriting, videotape or audiotape, electronic or computer files, film, print, microfilm, and microfiche.
In addition, for students who attend a public school district, all records pertaining to services provided under the Individuals with Disabilities Education Act (IDEA) are considered “education records” under FERPA. As such, they are subject to the confidentiality provisions of both Acts.
Personal notes made by teachers or other staff, on the other hand, are not considered education records if they are:
a) Kept in the sole possession of the maker;
b) Not accessible or revealed to any other person except a temporary substitute; and
c) Used only as a memory aid.
Additionally, FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official’s personal knowledge or observation and not from the student’s education records.
Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.
Access to Student Records
The Board directs that administrative regulations and procedures be formulated to comply with the provisions of federal law relating to the availability of student records. The purpose of such regulations and procedures shall be to make available to the parents or guardians of students and noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students who are 18 years of age or older or who are attending an institution of post-secondary education, student records, and files on students, and to ensure the confidentiality of such records with respect to third parties.
Under FERPA, unless otherwise exempted in accordance with law and regulation, the District may release personally identifiable information (PII) contained in student education records only if it has received a “signed and dated written consent” from a parent or eligible student. Signed and dated written consent may include a record and signature in electronic form provided that such signature:
a) Identifies and authenticates a particular person as the source of the electronic consent; and
b) Indicates such person’s approval of the information contained in the electronic consent.
Exceptions
Without the consent of a parent or eligible student, a district may release a student’s information or records when it is:
a) Directory Information and Limited Directory Information
Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Limited Directory Information Disclosure means that the District may limit disclosure of its designated directory information to specific parties, for specific purposes, or both. The intent is to allow schools the option to implement policies that allow for the disclosure of student information for uses such as yearbooks, but restrict disclosure for more potentially dangerous purposes. The District shall limit disclosure of its designated directory information as otherwise specified in its public notice to parents of students in attendance and eligible students in attendance.
b) To School Officials who have a Legitimate Educational Interest
To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. An educational interest includes the behavior of a student and disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of the student, other students or other members of the school community. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
c) To Another Educational Institution
The District may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or postsecondary institution at which the student seeks or intends to enroll, or after the student has enrolled or transferred, so long as the disclosure is for purposes related to the student’s enrollment or transfer. Parental consent is not required for transferring education records if the school’s annual FERPA notification indicates that such disclosures may be made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, schools must provide a copy of the information disclosed and an opportunity for a hearing.
d) For Health and Safety Emergency Reasons
School districts must balance the need to protect students’ personally identifiable information with the need to address issues of school safety and emergency preparedness. Under FERPA, if an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records, without consent, to any person whose knowledge of the information is necessary to protect the health and safety of the student or other individuals during the period of the health or safety emergency. School districts may release information from records to appropriate parties including, but not limited to, parents, law enforcement officials and medical personnel. A school district’s determination that there is an articulable and significant threat to the health or safety of a student or other individuals shall be based upon a totality of the circumstances, including the information available, at the time the determination is made. The school district must record the articulable and significant threat that formed the basis for the disclosure and maintain this record for as long as the student’s education records are maintained.
e) To Juvenile Justice Systems
Information may be disclosed to state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released. In such cases the official or authority must certify in writing that the information will not be disclosed to any other party except as provided under law without prior written consent.
f) To Foster Care Agencies
A district may release records to an agency caseworker or other representative of a State or local child welfare agency, who has the right to access a student’s case plan, when the agency or organization is legally responsible, for the care and protection of the student. This does not give a child welfare agency the right to look into any non-foster care student’s records, without parental consent, when there has been a mere allegation of abuse or neglect, absent an order or subpoena (see below).
g) In Accordance with a Subpoena or Court Order
When a district receives a subpoena or court order for the release of records the District must make a reasonable effort to notify the parent or guardian or eligible student of the order or subpoena in advance of compliance. This allows the parent or guardian or eligible student to seek protective action against the subpoena or order before the release of the records.
Districts may disclose a student’s records without first notifying parents or guardians or eligible students if the disclosure is:
1. Based on a subpoena in which the court orders, for good cause shown, not to reveal to any person the existence or contents of the subpoena or any information furnished in accordance with the subpoena;
2. In accordance with a judicial order in cases where the parents are a party to a court proceeding involving child abuse or neglect or dependency matters, and the order is issued in the context of that proceeding; or
3. Made to a court (with or without an order or subpoena) when a District is involved in a legal action against a parent or student and the records are relevant to the matter.
h) For Financial Aid Purposes
Pertinent information may be released in connection with the determination of eligibility, amount, conditions and enforcement of terms of a student’s financial aid.
i) To Accrediting Organizations
Disclosure of a student’s records may be made to an organization in which that student seeks accreditation, in order to carry out their accrediting function.
j) To Parents of a Dependant Student
Even when a student turns 18 years of age or older a District may disclose education records to that student’s parents, without the student’s consent, if the student is claimed as a dependent for federal income tax purposes by either parent.
k) For Audit/Evaluation Purposes
The audit or evaluation exception allows for the disclosure of PII from education records without consent to authorized representatives of the Comptroller General of the U.S., the Attorney General, the Secretary of Education, federal, state or local educational authorities (“FERPA permitted” entities). Under this exception, PII from education records must be used to audit or evaluate a federal or state supported education program, or to enforce or comply with federal legal requirements that relate to those education programs (audit, evaluation, or enforcement or compliance activity).
The District may, from time to time, disclose PII from education records without consent to authorized representatives of the entities listed above. The District may also, from time to time, designate its own authorized representative who may access PII without consent in connection with an audit or evaluation of an education program within the District. As an example, the District might designate a university as its authorized representative in order to disclose, without consent, PII from education records on its former students to the university. The university could then disclose, without consent, transcript data on those former students attending the university to allow the District to evaluate how effectively the District prepared its students for success in postsecondary education.
l) For Conducting Studies
This exception allows for the disclosure of PII from education records without consent to organizations conducting studies for, or on behalf of, schools, school districts or postsecondary institutions. Studies can be for the purpose of developing, validating, or administering predictive tests; administering student aid programs; or improving instruction.
The District may, from time to time, disclose PII from education records without consent to such organizations conducting studies for the District, in accordance with its obligations under FERPA.
In addition, other entities outside of the District may, from time to time, disclose PII from education records that the District has previously shared with that entity, to organizations conducting studies on behalf of the District. For example, a State Education Agency (SEA) may disclose PII from education records provided by the District without consent to an organization for the purpose of conducting a study that compares program outcomes across school districts to further assess the effectiveness of such programs with the goal of providing the best instruction.
Required Agreements for the Studies or Audit/Evaluation Exceptions (see items k and l)
To the extent required by law, the District shall enter into a written agreement with organizations conducting studies for the District, or, with its designated authorized representatives in connection with audits or evaluations of education programs within the District. In the event that the District discloses PII from education records to its own designated authorized representative in connection with an audit or evaluation of an educational program within the District, it shall use reasonable methods to ensure to the greatest extent practicable that its designated authorized representative complies with FERPA and its regulations.
Challenge to Student Records
Parents or guardians of a student under the age of 18, or a student who is 18 years of age or older or who is attending an institution of post-secondary education, shall have an opportunity for a hearing to challenge the content of the school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.
Release of Information to the Noncustodial Parent
The District may presume that the noncustodial parent has the authority to request information concerning his or her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent’s access to the records, it would be his or her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information.
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232g
34 CFR Part 99
8 NYCRR 80-1.5(b)
NOTE: Refer also to Policies #7241 — Student Directory Information
#7242 — Military Recruiters’ Access to Students
#7643 — Transfer Students with Disabilities
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7241 STUDENT DIRECTORY INFORMATION
The District shall publish an annual public notice informing parents or eligible students (i.e., a student 18 years of age or older or who is attending an institution of post-secondary education) of the District’s definition of directory information, the parent or eligible student’s right to refuse the release of student directory information and indication of the time period for their response. (Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.) Following such public notice and a reasonable response period, the District may release such information to an outside group without individual consent.
The Family Educational Rights and Privacy Act (FERPA) defines student directory information as any of the following: name; address; telephone listing; date and place of birth; major field of study; grade level; participation in officially recognized activities and sports; weight and height (if members of athletic teams); dates of attendance; honors, degrees and awards received; electronic mail address; photograph; and the name of the educational agency or institution most recently previously attended by the student. The District will release only the following defined directory information: name; grade level; participation in officially recognized activities and sports; honors, degrees and awards received; and photograph.
Directory information does not include:
a) A student’s social security number; or
b) A student’s identification (ID) number, except as provided below.
Directory information includes a student ID number, user ID, or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems, or that is displayed on a student ID card or badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user. Parents and eligible students may not, by opting out of disclosure of directory information, prevent a school from requiring a student to wear or present a student identification card or a badge that displays information that may be directory information.
Limited Directory Information Disclosure
Limited Directory Information Disclosure means that that the District may limit disclosure of its designated directory information to specific parties, for specific purposes, or both. Allowing limited directory information disclosure may permit the District to use student directory information for such limited purposes as school yearbooks, honor roll lists, graduation programs, playbills and other similar uses, without obtaining individual consent. Limiting the disclosure of such information may be beneficial when the District perceives such disclosure as putting students at risk of becoming targets of marketing campaigns, news media or possible victims of criminal acts. The District shall limit its disclosure of its designated directory information as specified in its public notice to parents and eligible students.
Military Recruiter Access
The release of student directory information is not to be confused with the release of names, addresses and telephone listings of eligible students (i.e., a student 17 years of age or older or in the eleventh grade (or its equivalent) or higher) to Military Recruiters. The District shall notify parents that by law it routinely releases this information to Military Recruiters upon request subject to a parents’/eligible students’ request not to disclose such information with written parental verification of such request.
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g)
34 CFR Part 99
NOTE: Refer also to Policy #7242 — Military Recruiters’ Access to Students
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7242 MILITARY RECRUITERS’ ACCESS TO STUDENTS
In accordance with law, the District shall comply with a request by a Military Recruiter for names, addresses, and telephone listings of eligible students. Eligible student under ESEA and the National Defense Authorization Act is defined as a secondary student who is 17 years of age or older or in the eleventh grade (or its equivalent) or higher. Under ESEA and the National Defense Authorization Act, parents must be notified that the District by law routinely discloses students’ names, addresses, and telephone listings to Military Recruiters upon request, subject to a parent’s/eligible student’s request not to disclose such information with written parental verification of such request.
Under FERPA, the District must provide notice to parents or eligible students of the types of student information that it releases publicly. This type of information, commonly referred to as “directory information,” which is released by the District includes – but is not limited to – such items as students’ names, addresses, and telephone listings. The notice must include an explanation of a parent’s/eligible student’s right to request that “directory information” not be disclosed without prior written consent of the parent or eligible student. Eligible student under FERPA is defined as a student 18 years of age or older or who is attending an institution of post-secondary education.
A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents or eligible students of the above information is sufficient to satisfy the notification requirements of both FERPA, ESEA and the National Defense Authorization Act. The notification shall advise the parent or eligible student of how to opt out of the public, nonconsensual disclosure of directory information and the disclosure of name, address and telephone listing to Military Recruiters; and shall state the method and timeline within which to do so.
Further, in compliance with the ESEA and the National Defense Authorization Act, the District shall give Military Recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers.
If a parent or eligible student opts out of providing directory information (or any subset of such information) to third parties, the opt-out relating to the student’s name, address, or telephone listing applies to requests from Military Recruiters as well. For example, if the opt-out states that telephone numbers will not be disclosed to the public, the District may not disclose telephone numbers to Military Recruiters.
The Superintendent or designee shall ensure that appropriate notification is provided regarding the opt-out rights prohibiting release of directory information and/or release of name, address and telephone listing to Military Recruiters.
Elementary and Secondary Education Act of 1965, Section 9528, 20 USC Section 7908
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232(g)
National Defense Authorization Act Section 544, 10 USC Section 503
34 CFR Section 300.571
Education Law Section 2-a
8 NYCRR Section 3.33
Adopted: 7/1/13
Revised: 1/4/17
7243 STUDENT DATA BREACHES
A student data breach is defined as any instance in which there is an unauthorized release of or access to personally identifiable information (PII) or other protected information of students not suitable for public release.
Districts have a legal responsibility to protect the privacy of education data, including personally identifiable information (PII) of its students. The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, protects the privacy of student education records. Although FERPA does not include specific data breach notification requirements, it does protect the confidentiality of education records and requires districts to record each incident of data disclosure in accordance with 34 CFR 99.32 (a)(1). In addition, under state law, direct notification of parents and/or affected students may be warranted depending on the type of data compromised, such as student social security numbers and/or other identifying information that could lead to identity theft.
The District has implemented privacy and security measures designed to protect student data stored in its student data management systems. These measures include reviewing information systems and data to identify where personally identifiable information is stored and used; monitoring data systems to detect potential breaches; and conducting privacy and security awareness training for appropriate staff. In the event of an alleged breach, the District will promptly take steps to validate the breach, mitigate any loss or damage, and notify law enforcement if necessary.
The Superintendent will develop and implement regulations for prevention, response and notification regarding student data breaches.
34 CFR 99.32 (a)(1)
Technology Law Sections 202 and 208
NOTE: Refer also to Policies #5672 — Information Security Breach and Notification
#7240 — Student Records: Access and Challenge
Adopted: 8/7/14
7250 STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS
The Protection of Pupil Rights Amendment (PPRA) governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:
a) Political affiliations or beliefs of the student or the student’s parent or guardian;
b) Mental or psychological problems of the student or the student’s family;
c) Sex behavior or attitudes;
d) Illegal, anti-social, self-incriminating, or demeaning behavior;
e) Critical appraisals of other individuals with whom respondents have close family relationships;
f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
g) Religious practices, affiliations, or beliefs of the student or student’s parent or guardian; or
h) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors.
General Provisions
The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supersede any of the requirements of the Family Educational Rights and Privacy Act (FERPA).
The rights provided to parents or guardians under PPRA transfer from the parent or guardian to the student when the student turns 18 years old or is an emancipated minor under applicable State law.
The District may use funds provided under Part A of Title V of the Elementary and Secondary Education Act of 1965 to enhance parental/guardian involvement in areas affecting the in-school privacy of students.
Annual Parental Notification of Policies/Prior Written Consent/”Opt Out” Provisions
The District shall provide for reasonable notice of the adoption or continued use of this policy directly to parents or guardians and eligible students enrolled in the District. At a minimum, the District shall provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy.
Further, in the notification, the District shall offer an opportunity for parents or guardians to provide written consent or opt their child out of participation in the following activities in accordance with law and the surveys conducted:
a) The administration of any survey containing one or more of the eight protected areas.
1. U.S. Department of Education-Funded Surveys: Prior written consent from parents must be obtained before students are required to submit to the survey.
2. Surveys funded by sources other than U.S. Department of Education: Notification may indicate the specific or approximate dates during the school year when surveys will be administered and provide an opportunity for the parent to opt his or her child out of participating upon receipt of the notification.
b) Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).
c) Any non-emergency, invasive physical examination or screening that is required as a condition of attendance; administered by the school and scheduled by the school in advance; and not necessary to protect the immediate health and safety of the student, or of other students. The term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision or scoliosis screening.
Specific Notification
In the event that the District does not identify the specific or approximate dates of the activities or surveys to be administered in the general annual notification, it shall “directly” notify, such as through U.S. Mail or email, the parents of students who are scheduled to participate in the specific activities or surveys prior to participation and provide an opportunity for the parent to provide written consent or opt his or her child out of participation in accordance with law and the surveys conducted.
U.S. Department of Education-Funded Surveys
In compliance with the Protection of Pupil Rights Amendment (PPRA), the District is committed to protecting the rights and privacy interests of parents or guardians and students with regard to surveys funded in whole or part by any program administered by the U.S. Department of Education (DOE).
The District shall make instructional materials available for inspection by parents or guardians if those materials will be used in connection with a DOE-funded survey, analysis, or evaluation in which their children participate. In addition, the District shall obtain prior written parental/guardian consent before minor students are required to participate in any DOE-funded survey, analysis, or evaluation that reveals information concerning any of the eight protected areas.
Surveys Funded by Sources Other than U.S. Department of Education
The District has developed and adopted this Board policy, in consultation with parents or guardians, regarding the following:
a) The right of the parent or person in parental relation to inspect, upon request, a survey created by a third party (i.e., by a party other than the DOE) before the survey is administered or distributed by the school to a student. Requests by parents or guardians to inspect such surveys are to be submitted, in writing, to the building principal at least ten days prior to the administration or distribution of any survey. Further, the District shall grant a request by the parent or guardian for reasonable access to such survey within a reasonable period of time after the request is received by the District.
b) Arrangements shall be provided by the District to protect student privacy in the event of the administration or distribution of a survey to a student containing one or more of the eight protected areas, including the right of the parent or guardian of the student to inspect, upon request, any survey containing one or more of the eight protected areas. Such requests must be submitted by the parent or guardian, in writing, to the building principal at least ten days prior to the administration or distribution of any survey.
c) Parents or guardians shall be granted, upon request, reasonable access and the right to inspect instructional materials used as part of the educational curriculum for the student within a reasonable period of time (*defined by the District, for the purposes of this policy, as 30 days) after such request is received by the District. Requests shall be submitted by parents or guardians, in writing, to the building principal. The term “instructional material” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
d) The administration of physical examinations or screenings that the District may administer to a student.
Further, this law does not apply to any physical examination or screening that is permitted or required by State law, including physical examinations or screenings that are permitted without parental notification.
In the implementation of this provision regarding the administration of physical examinations or screenings that the school may administer to the student, the District incorporates by reference Board policies that address student health services, as applicable, including but not limited to policies regarding the administration of medication, immunization of students, and student physicals.
e) Unless mandated/authorized in accordance with Federal or State law and/or regulation, it is policy of the Board, to not permit the collection, disclosure, or use of personal information (the term “personal information” is defined as individually identifiable information including a student’s or parent or guardian’s first and last name; home address; telephone number; or Social Security number) collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose), unless otherwise exempted in accordance with law as noted below. Questions regarding the collection, disclosure, or use of personal information collected from students for such marketing purposes may be referred to the school attorney as deemed necessary by the Superintendent or designee.
This law is not intended to preempt applicable provisions of State law that require parental/guardian notification.
These requirements do not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions, such as the following:
a) College or other postsecondary education recruitment, or military recruitment*;
*Military Recruiter access to student information is governed by the Family Educational Rights and Privacy Act of 1974 (FERPA) and the National Defense Authorization Act for Fiscal Year 2002.
b) Book clubs, magazines, and programs providing access to low-cost literary products;
c) Curriculum and instructional materials used by elementary schools and secondary schools;
d) Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
e) The sale by students of products or services to raise funds for school-related or education-related activities;
f) Student recognition programs.
Family Educational Rights and Privacy Act of 1974, as amended by the No Child Left Behind Act of 2001,
20 USC Sections 1232h(b) and 1232h(c)
34 CFR Part 98
NOTE: Refer also to Policies #7121 — Diagnostic Screening of Students
#7242 — Military Recruiters’ Access to Students
#7511 — Immunization of Students
#7512 — Student Physicals
#7513 — Administration of Medication
Adopted: 7/1/13
7260 DESIGNATION OF PERSON IN PARENTAL RELATION
A parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person for certain health care and educational decisions for a period not exceeding six months. However, this parental designation is conditioned upon there being no prior order of any court in any jurisdiction currently in effect that would prohibit the parent from exercising the same or similar authority; and provided further that, in the case where a court has ordered that both parents must agree on education or health decisions regarding the child, a designation in accordance with this law will not be valid unless both parents have given their consent.
The designation of a person in parental relation must be in writing in the form prescribed by law, and must include specified information as set forth in law for designations of 30 days or less, as well as additional information required for designations of more than 30 days. The designation of a person in parental relation may be presented to any school that requires the designation by either the parent or designee. The designation may specify a period of time less than six months for which the designation will be valid unless earlier revoked by the parent in accordance with law. However, a designation specifying a period of more than 30 days must be notarized.
If no time period is specified in the designation, it will be valid until the earlier of:
a) Revocation; or
b) The expiration of 30 days from the date of signature if the designation does not meet the requirements for designations of more than 30 days; or
c) Six months from the date of commencement specified in the designation if the designation meets the requirements for designations of more than 30 days.
Scope of Designation
A designation made in accordance with this law may specify:
a) The treatment, diagnosis, or activities for which consent is authorized;
b) Any treatment, diagnosis, or activity for which consent is not authorized; or
c) Any other limitation on the duties and responsibilities conveyed by the designation.
Form of Designation
Designations in General
A designation of a person in parental relation in accordance with this law must be in writing and include:
a) The name of the parent;
b) The name of the designee;
c) The name of each minor or incapacitated person with respect to whom the designation is made;
d) The parent’s signature; and
e) The date of the signature.
The designation may specify a period of time less than six months for which the designation will be valid unless earlier revoked by the parent in accordance with Section 5-1554 of General Obligations Law. However, any designation specifying a period of more than 30 days must also conform to the following provisions as set forth in law.
Designations for More Than 30 Days
A designation specifying a period of more than 30 days must also include:
a) An address and telephone number where the parent can be reached;
b) An address and telephone number where the designee can be reached;
c) The date of birth of each minor or incapacitated person with respect to whom the designation is made;
d) The date or contingent event on which the designation commences;
e) The written consent of the designee to the designation; and
f) A statement that there is no prior order of any court in any jurisdiction currently in effect prohibiting the parent from making the designation.
A designation specifying a period of more than 30 days must be notarized.
Revocation of Designation
A parent may revoke a designation by notifying, either orally or in writing, the designee or the school to which the designation has been presented, or by any other act evidencing a specific intent to revoke the designation. A designation will also be revoked upon the execution by the parent of a subsequent designation. Revocation by one parent authorized to execute such a designation will be deemed effective and complete revocation of a designation in accordance with law.
A designee who receives notification from a parent of any such revocation must immediately notify any school to which a designation has been presented. A parent may directly notify the school of the revocation. The failure of the designee to notify the school of such revocation will not make the revocation ineffective.
Effect of Designation
a) A designee will possess all the powers and duties of a person in parental relation unless otherwise specified in the designation.
b) A designation will not impose upon a designee a duty to support the child.
c) A designation will not cause a change in the school district of residence of the child for purposes of the Education Law, and during the period of validity of the designation, the child will be presumed to be a resident of the school district in which the parent resided at the time the designation was made.
d) A designation will terminate and be revoked upon the death or incapacity of the parent who signed the designation.
e) The decision of a designee will be superseded by a contravening decision of a parent.
A person who acts based upon the consent of a designee reasonably and in the good faith belief that the parent has authorized the designee to provide the consent will not be deemed to have acted negligently, unreasonably, or improperly in accepting the designation and acting upon the consent. However, any such person may be deemed to have acted negligently, unreasonably, or improperly if he or she has knowledge of facts indicating that the designation was never given, or did not extend to an act or acts in question, or was revoked.
No provision of General Obligations Law Title 15-A will be construed to require designation of a person in parental relation where such designation is not otherwise required by law, rule, or regulation.
Education Law §§ 2 and 3212
Family Court Act § 413
General Obligations Law Title 15-A
Public Health Law §§ 2164 and 2504
Adopted: 7/1/13
Revised: 1/4/17
7270 RIGHTS OF NON-CUSTODIAL PARENTS
The Board is mindful that various arrangements exist for the care and custody of children residing in the District. The District attempts to maintain current family information to help ensure student safety, proper communication with parents, and appropriate educational programming. Parents who are divorced, legally separated, or otherwise live apart should supply the District with relevant information and documentation, including custody orders, regarding who is responsible for the custody and care of their child, and who is permitted to make educational decisions for that child.
A non-custodial parent’s participation in his or her child’s education will be governed by the terms of any custody order. As a general matter, however, the District encourages non-custodial parents to participate in their child’s education. Unless prohibited from doing so by a court order, non-custodial parents may request information about their child, inspect and review their child’s records in accordance with the Family Educational Rights and Privacy Act (FERPA) and District policy, and otherwise remain interested in their child’s education.
The District will not release students to a non-custodial parent without the custodial parent’s consent. It is the parent’s responsibility to inform the District if and when the child may be released to individuals other than the custodial parent in a form acceptable to the District.
NOTE: Refer also to Policies #7130 — Entitlement to Attend — Age and Residency
#7240 — Student Records: Access and Challenge
Adopted: 1/4/17
7311 LOSS OR DESTRUCTION OF DISTRICT PROPERTY OR RESOURCES
The District is authorized to seek restitution, through civil action when necessary, from the parent or guardian of an unemancipated student over the age of ten and under the age of 18 where such student:
a) Has willfully, maliciously, or unlawfully damaged, defaced or destroyed real or personal property in the care, custody and/or ownership of the District; or
b) Has knowingly entered or remained in a District building, and wrongfully taken, obtained or withheld personal property owned or maintained by the District.
In instances where the District has sought and obtained a judgment from a court of competent jurisdiction, parent or guardian liability for civil damages shall not exceed $5,000. Under certain circumstances, prior to the entering of a judgment in the sum total of $500 or more, a court may consider the parent’s or guardian’s financial inability to pay any portion or all of the amount of damages which are in excess of $500, and enter a judgment in an amount within the financial capacity of the parent or guardian. However, no such judgment shall be entered for an amount which is less than $500.
False Reporting of an Incident and/or Placing a False Bomb
A District is also authorized to seek restitution, as described in law, from a parent or guardian of an unemancipated student over the age of ten and under the age of 18 where such student:
a) Has falsely reported an incident; or
b) Has placed a false bomb as defined in the New York State Penal Law.
Damages for falsely reporting an incident or placing a false bomb shall mean the funds reasonably expended by the District in responding to such false report of an incident or false bomb, less the amount of any funds which have been or will be recovered from any other source as enumerated in law.
In seeking restitution, the District shall file with the court, the County District Attorney and defense counsel an affidavit stating that the funds reasonably expended for which restitution is being sought have not been and will not be recovered from any other source or in any other civil or criminal proceeding, except as provided for in accordance with General Obligations Law Section 3-112.
General Obligations Law Section 3-112
Penal Law Sections 60.27, 240.50, 240.55, 240.60 and 240.61
Adopted: 7/1/13
7313 SUSPENSION OF STUDENTS
The Superintendent and/or the principal may suspend the following students from required attendance upon instruction:
a) A student who is insubordinate or disorderly; or
b) A student who is violent or disruptive; or
c) A student whose conduct otherwise endangers the safety, morals, health or welfare of others.
Suspension
Five School Days or Less
The Superintendent and/or the principal of the school where the student attends shall have the power to suspend a student for a period not to exceed five school days. In the absence of the principal, the designated “Acting principal” may then suspend a student for a period of five school days or less.
When the Superintendent or the principal (the “suspending authority”) proposes to suspend a student for five school days or less, the suspending authority shall provide the student with notice of the charged misconduct. If the student denies the misconduct, the suspending authority shall provide an explanation of the basis for the suspension.
When suspension of a student for a period of five school days or less is proposed, administration shall also immediately notify the parent or person in parental relation in writing that the student may be suspended from school.
Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within 24 hours of the decision to propose suspension at the last known address or addresses of the parents or persons in parental relation. Where possible, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents or persons in parental relation.
The notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the student and the parent or person in parental relation of their right to request an immediate informal conference with the principal in accordance with the provisions of Education Law Section 3214(3)(b). Both the notice and the informal conference shall be in the dominant language or mode of communication used by the parents or persons in parental relation. At the informal conference, the student and/or parent or person in parental relation shall be authorized to present the student’s version of the event and to ask questions of the complaining witnesses.
The notice and opportunity for informal conference shall take place prior to suspension of the student unless the student’s presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practical.
Teachers shall immediately report or refer a violent student to the principal or Superintendent for a violation of the District’s Code of Conduct and a minimum suspension period.
More Than Five School Days
In situations where the Superintendent determines that a suspension in excess of five school days may be warranted, the student and parent or person in parental relation, upon reasonable notice, shall have had an opportunity for a fair hearing. At the hearing, the student shall have the right of representation by counsel, with the right to question witnesses against him or her, and the right to present witnesses and other evidence on his or her behalf.
Where the basis for the suspension is, in whole or in part, the possession on school grounds or school property by the student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, instruments or appliances specified in Penal Law Section 265.01, the hearing officer or Superintendent shall not be barred from considering the admissibility of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure.
Minimum Periods of Suspension
In accordance with law, Commissioner’s regulations and the District’s Code of Conduct, minimum periods of suspension shall be provided for the following prohibited conduct, subject to the requirements of federal and state law and regulations:
a) Consistent with the federal Gun-Free Schools Act, any student who is determined to have brought a firearm to school or possessed a firearm on school premises shall be suspended for a period of not less than one calendar year. However, the Superintendent has the authority to modify this suspension requirement on a case-by-case basis.
b) A minimum suspension period for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher’s authority over the classroom, provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law. The definition of “repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher’s authority” shall be determined in accordance with the Regulations of the Commissioner.
c) A minimum suspension period for acts that would qualify the student to be defined as a violent student in accordance with Education Law Section 3214(2-a)(a), provided that the suspending authority may reduce such period on a case-by-case basis to be consistent with any other state and federal law.
Suspension of Students with Disabilities
Generally, should a student with a disability infringe upon the established rules of the schools, disciplinary action shall be in accordance with procedures set forth in the District’s Code of Conduct and in conjunction with applicable law and the determination of the Committee on Special Education (CSE).
For suspensions or removals up to ten school days in a school year that do not constitute a disciplinary change in placement, students with disabilities must be provided with alternative instruction or services on the same basis as non-disabled students of the same age.
If suspension or removal from the current educational placement constitutes a disciplinary change in placement because it is for more than ten consecutive school days or constitutes a pattern, a manifestation determination must be made. The District determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.
Manifestation Determinations
A review of the relationship between the student’s disability and the behavior subject to disciplinary action to determine if the conduct is a manifestation of the disability must be made by a manifestation team immediately, if possible, but in no case later than ten school days after a decision is made:
a) By the Superintendent to change the placement to an interim alternative educational setting (IAES);
b) By an Impartial Hearing Officer (IHO) to place the student in an IAES; or
c) By the Board, District Superintendent, Superintendent or building principal to impose a suspension that constitutes a disciplinary change of placement.
The manifestation team shall include a representative of the District knowledgeable about the student and the interpretation of information about child behavior, the parent and relevant members of the CSE as determined by the parent and the District. The parent must receive written notice prior to the meeting to ensure that the parent has an opportunity to attend. This notice must include the purpose of the meeting, the names of those expected to attend and notice of the parent’s right to have relevant members of the CSE participate at the parent’s request.
The manifestation team shall review all relevant information in the student’s file including the student’s individualized education program (IEP), any teacher observations, and any relevant information provided by the parents to determine if: the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; or the conduct in question was the direct result of the District’s failure to implement the IEP. If the team determines the conduct in question was the direct result of failure to implement the IEP, the District must take immediate steps to remedy those deficiencies.
Finding of Manifestation
If it is determined, as a result of this review, that the student’s behavior is a manifestation of his or her disability the CSE shall conduct a functional behavioral assessment, if one has not yet been conducted, and implement or modify a behavioral intervention plan.
Functional behavioral assessment (FBA) means the process of determining why the student engages in behaviors that impede learning and how the student’s behavior relates to the environment. FBA must be developed consistent with the requirements of Commissioner’s regulations Section 200.22(a) and shall include, but not be limited to, the identification of the problem behavior, the definition of the behavior in concrete terms, the identification of the contextual factors that contribute to the behavior (including cognitive and affective factors) and the formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it.
Behavioral intervention plan (BIP) means a plan that is based on the results of a functional behavioral assessment and, at a minimum, includes a description of the problem behavior, global and specific hypotheses as to why the problem behavior occurs and intervention strategies that include positive behavioral supports and services to address the behavior.
Unless the change in placement was due to behavior involving serious bodily injury, weapons, illegal drugs or controlled substances, the student must be returned to the placement from which the student was removed unless the parent and the District agree to a change of placement as part of the modification of the behavioral intervention plan.
No Finding of Manifestation
If it is determined that the student’s behavior is not a manifestation of his or her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner and for the same duration for which they would be applied to students without disabilities, subject to the right of the parent or person in parental relation to request a hearing objecting to the manifestation determination and the District’s obligation to provide a free, appropriate public education to such student.
Provision of Services Regardless of the Manifestation Determination
Regardless of the manifestation determination, students with a disability shall be provided the services necessary for them to continue to participate in the general education curriculum and progress toward meeting the goals set out in their IEP as delineated below:
a) During suspensions or removals for periods of up to ten school days in a school year that do not constitute a disciplinary change in placement, students with disabilities of compulsory attendance age shall be provided with alternative instruction on the same basis as nondisabled students. Students with disabilities who are not of compulsory attendance age shall be entitled to receive services during such suspensions only to the extent that services are provided to nondisabled students of the same age who have been similarly suspended.
b) During subsequent suspensions or removals for periods of ten consecutive school days or less that in the aggregate total more than ten school days in a school year but do not constitute a disciplinary change in placement, students with disabilities shall be provided with services necessary to enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student’s IEP and to receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur. School personnel, in consultation with at least one of the student’s teachers, shall determine the extent to which services are needed, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress in meeting the goals set out in the student’s IEP.
c) During suspensions or other disciplinary removals, for periods in excess of ten school days in a school year which constitute a disciplinary change in placement, students with disabilities shall be provided with services necessary to enable the student to continue to participate in the general education curriculum, to progress toward meeting the goals set out in the student’s IEP, and to receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications that are designed to address the behavior violation so it does not recur. The IAES and services shall be determined by the CSE.
Interim Alternative Educational Setting (IAES)
Students with disabilities who have been suspended or removed from their current placement for more than ten school days may be placed in an IAES which is a temporary educational setting other than the student’s current placement at the time the behavior precipitating the IAES placement occurred.
Additionally, an Impartial Hearing Officer in an expedited due process hearing may order a change in placement of a student with a disability to an appropriate IAES for up to 45 school days if the Hearing Officer determines that maintaining the current placement is substantially likely to result in injury to the students or others.
There are three specific instances when a student with a disability may be placed in an IAES for up to 45 school days without regard to a manifestation determination:
a) Where the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of the District; or
b) Where a student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of the District; or
c) Where a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the District. Serious bodily harm has been defined in law to refer to one of the following:
1. Substantial risk of death;
2. Extreme physical pain; or
3. Protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty.
A school function shall mean a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.
School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a student with a disability who violates a code of student conduct.
In all cases, the student placed in an IAES shall:
a) Continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress towards the goals set out in the student’s IEP, and
b) Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.
The period of suspension or removal may not exceed the amount of time a non-disabled student would be suspended for the same behavior.
Suspension from BOCES
The BOCES principal may suspend District students from BOCES classes for a period not to exceed five school days when student behavior warrants such action.
In-School Suspension
In-school suspension will be used as a lesser discipline to avoid an out-of-school suspension. The student shall be considered present for attendance purposes. The program is used to keep each student current with his or her class work while attempting to reinforce acceptable behavior, attitudes and personal interaction.
BOCES Activities
BOCES activities, such as field trips and other activities outside the building itself, are considered an extension of the school program. Therefore, an infraction handled at BOCES is to be considered as an act within the District itself.
A student who is ineligible to attend a District school on a given day may also be ineligible to attend BOCES classes. The decision rests with the Superintendent or designee.
Exhaustion of Administrative Remedies
If a parent or person in parental relation wishes to appeal the decision of the building principal and/or Superintendent to suspend a student from school, regardless of the length of the student’s suspension, the parent or person in parental relation must appeal to the Board prior to commencing an appeal to the Commissioner of Education.
Procedure After Suspension
When a student has been suspended and is of compulsory attendance age, immediate steps shall be taken to provide alternative instruction which is of an equivalent nature to that provided in the student’s regularly scheduled classes.
When a student has been suspended, the suspension may be revoked by the Board whenever it appears to be for the best interest of the school and the student to do so. The Board may also condition a student’s early return to school and suspension revocation on the student’s voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where applicable.
Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 615(k)(l)]
18 USC Section 921
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
20 USC Section 7151, as reauthorized by the No Child Left Behind Act of 2001
34 CFR Part 300
Education Law Sections 2801(1), 3214 and 4402
Penal Law Section 265.01
8 NYCRR Sections 100.2(l)(2), 200.4(d)(3)(i), 200.22 and Part 201
NOTE: Refer also to Policy #7360 — Weapons in School and the Gun-Free Schools Act
Adopted: 7/1/13
Revised: 8/7/14
7314 STUDENTS PRESUMED TO HAVE A DISABILITY FOR DISCIPLINE PURPOSES
The parent of a student who has violated any rule or Code Of Conduct of the District and who was not identified as a student with a disability at the time of such behavior may assert several protections provided for under the Individuals with Disabilities Education Act (IDEA) and State regulations if the District is deemed to have had knowledge (as determined in accordance with law and/or regulations and referenced below) that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.
Basis of Knowledge
The District shall be deemed to have knowledge that the student had a disability if prior to the time the behavior occurred:
a) The parent of the student has expressed concern in writing to supervisory or administrative personnel, or to a teacher of the student, that the student is in need of special education and related services. However, expressions of concern may be oral if the parent does not know how to write or has a disability that prevents a written statement;
b) The parent of the student has requested an evaluation of the student in writing; or
c) A teacher of the student, or other District personnel, has expressed specific concerns about a pattern of behavior demonstrated by the student, directly to the Director of Special Education or to other supervisory personnel.
Exception
A student is not a student presumed to have a disability for discipline purposes if, as a result of receiving the information specified above (i.e., subheading “Basis of Knowledge”):
a) The parent of the student has not allowed an evaluation of the student in accordance with law and/or regulations;
b) The parent of the student has refused services under law and/or regulations; or
c) The student has been evaluated and it was determined that the student is not a student with a disability.
Responsibility for Determining Whether a Student is a Student Presumed to Have a Disability
If it is claimed by the parent of the student or by District personnel that the District had a basis for knowledge, in accordance with law and/or regulation, that the student was a student with a disability prior to the time the behavior subject to disciplinary action occurred, it shall be the responsibility of the Superintendent, building principal or other school official imposing the suspension or removal to determine whether the student is a student presumed to have a disability.
Conditions That Apply if There is No Basis of Knowledge
If it is determined that there is no basis for knowledge that the student is a student with a disability prior to taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as any other nondisabled student who engaged in comparable behaviors.
However, if a request for an individual evaluation is made during the time period in which such nondisabled student is subjected to a disciplinary removal, an expedited evaluation shall be conducted in accordance with law and/or regulations. Pending the results of the evaluation, the student shall remain in the educational placement determined by school authorities.
If the student is determined to be a student with a disability, taking into consideration information from the evaluation and information provided by the parents, the District shall provide special education and related services in accordance with law and/or regulations.
Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446, Section 615(k)(5)]
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
34 CFR Part 300
8 NYCRR Section 201.5
NOTE: Refer also to Policy #7313 — Suspension of Students
Adopted: 7/1/13
7315 STUDENT USE OF COMPUTERIZED INFORMATION RESOURCES (ACCEPTABLE USE POLICY)
The Board will provide access to various computerized information resources through the District’s computer system (“DCS” hereafter) consisting of software, hardware, computer networks and electronic communications systems. This may include access to electronic mail, so-called “on-line services” and the “Internet.” It may include the opportunity for some students to have independent access to the DCS from their home or other remote locations. All use of the DCS, including independent use off school premises, shall be subject to this policy and accompanying regulations. Further, all such use must be in support of education and/or research and consistent with the goals and purposes of the District.
Access to Inappropriate Content/Material and Use of Personal Technology or Electronic Devices
This policy is intended to establish general guidelines for the acceptable student use of the DCS and also to give students and parents or guardians notice that student use of the DCS will provide student access to external computer networks not controlled by the District. The District cannot screen or review all of the available content or materials on these external computer networks. Thus some of the available content or materials on these external networks may be deemed unsuitable for student use or access by parents or guardians.
Despite the existence of District policy, regulations and guidelines, it is virtually impossible to completely prevent access to content or material that may be considered inappropriate for students. Students may have the ability to access such content or material from their home, other locations off school premises and/or with a student’s own personal technology or electronic device on school grounds or at school events. Parents and guardians must be willing to establish boundaries and standards for the appropriate and acceptable use of technology and communicate these boundaries and standards to their children. The appropriate/acceptable use standards outlined in this policy apply to student use of technology via the DCS or any other electronic media or communications, including by means of a student’s own personal technology or electronic device on school grounds or at school events.
Standards of Acceptable Use
Generally, the same standards of acceptable student conduct which apply to any school activity shall apply to use of the DCS. This policy does not attempt to articulate all required and/or acceptable uses of the DCS; nor is it the intention of this policy to define all inappropriate usage. Administrative regulations will further define general guidelines of appropriate student conduct and use as well as proscribed behavior.
District students shall also adhere to the laws, policies and rules governing computers including, but not limited to, copyright laws, rights of software publishers, license agreements, and student rights of privacy created by federal and state law.
Students who engage in unacceptable use may lose access to the DCS in accordance with applicable due process procedures, and may be subject to further discipline under the District’s school conduct and discipline policy and the District Code of Conduct. The District reserves the right to pursue legal action against a student who willfully, maliciously or unlawfully damages or destroys property of the District. Further, the District may bring suit in civil court against the parents or guardians of any student who willfully, maliciously or unlawfully damages or destroys District property in accordance with General Obligations Law Section 3-112.
Student data files and other electronic storage areas will be treated like school lockers. This means that such areas shall be considered to be District property subject to control and inspection. The Computer Coordinator may access all such files and communications without prior notice to ensure system integrity and that users are complying with the requirements of this policy and accompanying regulations. Students should NOT expect that information stored on the DCS will be private.
Notification
The District’s Acceptable Use Policy and Regulations will be disseminated to parents and students in order to provide notice of the school’s requirements, expectations, and students’ obligations when accessing the DCS.
Regulations will be established as necessary to implement the terms of this policy.
NOTE: Refer also to Policy #8271 — Internet Safety/Internet Content Filtering Policy
District Code of Conduct on School Property
Adopted: 7/1/13
Revised: 8/7/14
7316 STUDENT USE OF PERSONAL TECHNOLOGY
The Board seeks to maintain a safe and secure environment for students and staff. Advances in technology have made it possible to expand the learning environment beyond traditional classroom boundaries. Using personal electronic devices during instructional time can enable students to explore new concepts, personalize their learning experience, and expand their global learning opportunities. Additionally, the use of personal technology devices is ubiquitous in today’s society and standards for student use during non-instructional time should adapt to this change. This policy defines the use of personal technology during instructional and non-instructional times and reinforces the standard that all use, regardless of its purpose, must follow the guidelines outlined in the Student Acceptable Use Policy (AUP), the District’s Code of Conduct, and the Dignity for All Students Act.
Personal technology includes all existing and emerging technology devices that can take photographs; record or play audio or video; input text; upload and download media; connect to or receive information from the internet; and transmit or receive messages, telephone calls, or images. Examples of personal technology include, but are not limited to, iPods and MP3 players; iPad, Nook, Kindle, and other tablet PCs; laptop and netbook computers; personal digital assistants (PDAs), cell phones and smart phones such as BlackBerry, iPhone, or Droid, as well as any device with similar capabilities. Unacceptable devices include, but are not limited to, gaming devices or consoles, laser pointers, modems or routers, and televisions.
Instructional Purposes
Personal technology use by students is permitted during the school day for instructional purposes and/or in approved locations only. Teachers will indicate when and if classroom use is acceptable. Students are expected to act responsibly and thoughtfully when using technology resources. Students bear the burden of responsibility to inquire with school administrators and/or teachers when they are unsure of the permissibility of a particular use of technology prior to engaging in such use.
Instructional purposes include, but are not limited to, approved classroom activities, research, college admissions activities, career development, communication with experts, homework, and other activities as deemed appropriate by school staff.
Non-Instructional Uses
Appropriate use of personal technology during non-instructional time is also allowed if students follow the guidelines in the AUP and Code of Conduct. Non-instructional use includes texting, calling and otherwise communicating with others during free periods and in common areas of the school building such as the hallways, cafeteria, study halls, buses, and student lounges. Other non-instructional uses may include such things as Internet searches, reading, listening to music, and watching videos. This use during non-instructional time must be conducted in a safe and unobtrusive manner. Devices must also be in silent mode to avoid disrupting others.
Liability
The District will not be liable for the loss, damage, misuse, or theft of any personal technology brought to school. The District reserves the right to monitor, inspect, and/or confiscate personal technology when administration has reasonable suspicion to believe that a violation of school policy or criminal law has occurred.
The Board expressly prohibits use of personal technology in locker rooms, restrooms, Health Offices, and any other areas where a person would reasonably expect some degree of personal privacy.
Prohibition During State Assessments
All students are prohibited from bringing electronic devices into a classroom or other location where a New York State assessment is being administrated. Test proctors, test monitors, and school officials have the right to collect prohibited electronic devices prior to the start of the test and hold them while the test is being administered, including break periods. Admission to any assessment will be denied to any student who refuses to relinquish a prohibited device.
Students with disabilities may use certain devices if the device is specified in that student’s IEP or 504 plan or a student has provided medical documentation that they require the device during testing.
Permission
Students will not be permitted to use personal technology devices in school or at school functions until they have reviewed the AUP, the applicable sections of the Code of Conduct and associated technology guidelines, and signed the Student Use of Personal Technology Permission Form with their parents. The District reserves the right to restrict student use of District-owned technologies and personal technology on school property or at school sponsored events, at the discretion of the administration.
Students must follow the guidelines for use set out in the District Code of Conduct and the AUP at all times. Consequences for misuse will follow guidelines set forth in the District’s Code of Conduct.
NOTE: Refer also to Policies #7315 — Student Acceptable Use Policy
#7550 — Dignity for All Students
#8271 — Internet Safety/Internet Content Filtering Policy
Adopted: 1/4/17
7320 ALCOHOL, TOBACCO, DRUGS AND OTHER SUBSTANCES (STUDENTS)
The Board recognizes that the misuse of drugs, alcohol, tobacco and other illegal substances is a serious problem with legal, physical, emotional and social implications for our students, as well as the entire community. Therefore, the consumption, sharing and/or selling, use and/or possession of alcoholic beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs is prohibited at any school-sponsored function, on school grounds and on school buses at all times. The unauthorized use of prescription and over-the-counter drugs shall also be disallowed.
Students shall not be under the influence of alcohol or other prohibited substances on school grounds or at school-sponsored events. A school-sponsored function shall include a school-sponsored or school-authorized extracurricular event or activity regardless of where such event or activity takes place.
Smoking
Smoking shall not be permitted and no person shall smoke within one 100 feet of the entrance, exits or outdoor areas of any public or private elementary or secondary schools. However, this shall not apply to smoking in a residence, or within the real property boundary lines of such residential real property.
Non-Medical Use of Prescription Drugs
Non-medical use of prescription drugs is prohibited. Should a student be found in possession of any such substance, he or she shall be dealt with in accordance with the Code of Conduct.
Disciplinary Measures
Disciplinary measures for students consuming, sharing and/or selling, using and/or possessing alcoholic beverages, tobacco products, illegal drugs, counterfeit and designer drugs, or paraphernalia for the use of such drugs shall be outlined in the District’s Code of Conduct on School Property.
Education Law Sections 409 and 2801(1)
Public Health Law 1399-o
NOTE: Refer also to Policies #3280 — Use of School Facilities, Materials and Equipment
#3410 — Code of Conduct on School Property
#5640 — Smoking/Tobacco Use
#8211 — Prevention Instruction
District Code of Conduct on School Property
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7330 SEARCHES AND INTERROGATIONS OF STUDENTS
A student may be searched and prohibited items seized on school grounds or in a school building by a District official only when he or she has reasonable suspicion to believe the student is engaging in activity which is in violation of the law and/or school rules (i.e., Code of Conduct). The reasonableness of any search involves a twofold inquiry. School officials must first determine whether the action was justified at its inception, and second, determine whether the search, as actually conducted, was reasonably related in scope to the circumstances which justified the interference in the first place.
Factors to be considered in determining whether reasonable suspicion exists to search a student include:
a) The age of the student;
b) The student’s record and past history;
c) The predominance and seriousness of the problem in the school where the search is directed;
d) The probative value and reliability of the information used as a justification for the search;
e) The school official’s prior knowledge of and experience with the student; and
f) The urgency to conduct the search without delay.
If reasonable suspicion exists to believe that a student has violated or is violating the law and/or school rules, it is permissible for an authorized school official to search that student’s outer clothing, pockets, or property. The search may include, but is not limited to, the student’s outer clothing such as a jacket or coat, pockets, backpack, and/or purse. Whenever possible, searches will be conducted by a staff member of the same sex as the student and another staff member will be present as a witness.
Strip Searches
A strip search is a search that requires a student to remove any or all of his or her clothing, other than an outer coat or jacket. Strip searches are intrusive in nature and are almost never justified. If school officials have highly credible evidence that such a search would prevent danger or yield evidence, such a search may be conducted under exigent circumstances. In the alternative, if school authorities believe there is an emergency situation that could threaten the safety of others, the student will, to the extent practicable, be isolated and secured. Police and parents will be contacted immediately.
Scope of Search
School officials are authorized to conduct searches of students and their belongings if the authorized school official has reasonable suspicion to believe that the search will produce evidence that the student has violated or is violating the law and/or the Code of Conduct.
School officials, whenever possible, will seek the least intrusive means to conduct a search to safeguard the privacy interests of students in their person and property.
Searches and Seizure of School Property
Student desks, lockers, textbooks, computers, and other materials, supplies or storage spaces loaned by the school to students remain the property of the school, and may be opened and inspected by school employees at any time without prior notice and without their consent. The purpose of these searches, when they occur, is to ensure the safety of students, faculty and staff, enhance school security and prevent disruptions of the learning environment. Students have no reasonable expectation of privacy with respect to school property; and school officials retain complete control over such property. However, a student’s personal belongings contained within the locker, desk, etc. are subject to the reasonable suspicion standard for searches by an authorized school official.
Parent Notification
The student’s parent or guardian will be notified if any illegal, prohibited, or dangerous articles or materials are found in the student’s locker, vehicle, or other property or possessions, or on the student’s person, as a result of a search conducted in accordance with this policy.
Documentation of Searches
The designated school official conducting the search will be responsible for the custody, control and disposition of any illegal, prohibited or dangerous items taken from the student. The school official or his or her designee must clearly label each item taken from the student and retain control of the item(s) until the item(s) is turned over to the police or secured by alternate means.
This school official will also be responsible for promptly documenting information about the search including, but not limited to, the reasons for the search, the purpose of the search, the type and scope of the search, and the results of the search.
Questioning of Students by School Officials
School officials have the right to question students regarding any violations of school rules and/or illegal activity. In general, administration may conduct investigations concerning reports of misconduct which may include, but are not limited to, questioning students, staff, parents or guardians, or other individuals as may be appropriate and, when necessary, determining disciplinary action in accordance with applicable due process rights.
Should the questioning of students by school officials focus on the actions of one particular student, the student will be questioned, if possible, in private outside the presence of other students, by the appropriate school administrator(s). The student’s parent or guardian may be contacted; the degree, if any, of parental/guardian involvement will vary depending upon the nature and the reason for questioning, and the necessity for further action which may occur as a result.
The questioning of students by school officials does not preclude subsequent questioning/ interrogations by police authorities as otherwise permitted by law. Similarly, the questioning of students by school officials does not negate the right/responsibility of school officials to contact appropriate law enforcement agencies, as may be necessary, with regard to statements given by students to school officials.
School officials acting alone and on their own authority, without the involvement of or on behalf of law enforcement officials are not required to give the so-called “Miranda warnings” (i.e., advising a person, prior to any custodial interrogations as defined in law, of the right to remain silent; that any statement made by the individual may be used as evidence against him or her; and that the individual has the right to the presence of an attorney, either retained or appointed) prior to the questioning of students.
Law Enforcement Officials
It shall be the policy of the Oppenheim-Ephratah-St. Johnsville Central School District that a cooperative effort will be maintained between the school administration and law enforcement agencies. Law enforcement officials may be summoned in order to conduct an investigation of alleged criminal conduct on school premises or during a school-sponsored activity, or to maintain the educational environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of officers is necessary to prevent injury to persons or property.
Administrators have the responsibility and the authority to determine when the assistance of law enforcement officers is necessary within their respective jurisdictions.
School Resource Officers
Districts may utilize School Resource Officers (SROs), law enforcement officers who work within the school building. There are different types of SROs: those employed by the District and those employed by local law enforcement. SROs, acting in their capacity as law enforcement, are held to a different search standard than District staff. Searches by law enforcement SROs must be justified by probable cause, not the District’s standard of reasonable suspicion. District staff need to clearly establish who is initiating and conducting a search, the District or law enforcement, and that the appropriate standard for such a search has been met.
Dissemination of Information
Copies of this Regulation will be distributed to students when they enroll in school, and will be included in the District Code of Conduct available to students and parents at the beginning of each school year.
Interrogation of Students by Law Enforcement Officials
Generally, police authorities may only interview students on school premises without the permission of the parent or guardian in situations where a warrant has been issued for the student’s arrest (or removal). Police authorities may also question students for general investigations, general questions regarding crimes committed on school property. In all other situations, unless an immediate health or safety risk exists, if the police wish to speak to a student without a warrant they should take the matter up directly with the student’s parent or guardian.
Whenever police wish to question a student on school premises, administration will attempt to notify the student’s parent or guardian.
If possible, questioning of a student by police should take place in a private area outside the presence of other students but in the presence of the building principal or designee.
Child Protective Services’ Investigations
Occasionally, Child Protective Services (CPS) may desire to conduct interviews of students on school property. These interviews generally pertain to allegations of suspected child abuse and/or neglect. The Board encourages cooperation with CPS with respect of access to records and access to any child named as a victim, any of the victim’s siblings, or any other child residing in the same home as the named victim, in accordance with applicable law.
Education Law Sections 1604(9), 1604(30), 1709(2), 1709(33) and 2801
Family Court Act Section 1024
Social Services Law Sections 411-428
8 NYCRR Section 100.2(l)
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7340 BUS RULES AND REGULATIONS
The Oppenheim-Ephratah-St. Johnsville Central School District furnishes transportation to those students whose disability or distance from the school make the service essential. Except as otherwise mandated in a student’s Individualized Education Program (IEP), riding these buses is a privilege and may be withdrawn if the student does not comply with the rules and regulations set forth in this District.
Bus drivers shall be held responsible for reasonable and acceptable behavior of students while riding the school bus. Students riding school buses are expected to conform to the rules of conduct in order to permit the bus driver to transport his or her passengers safely.
The Board, the Superintendent and/or his or her designee has the authority to suspend the transportation privileges of children who are disorderly and insubordinate on buses. Generally, parent(s)/guardian(s) will be required to make alternative transportation arrangements for their children who have been suspended from riding the bus. However, the effect of a suspension from transportation on the student’s ability to attend school will be considered. If a suspension from transportation effectively results in a suspension from attendance because of the distance between the home and the school and the absence of alternative public or private means of transportation, the District shall make appropriate arrangements to provide for the student’s education.
If a student with a disability who receives transportation as a related service as part of his or her Individualized Education Program is being considered for suspension from transportation, and that suspension would effectively result in a change in placement, the student shall be referred to the Committee on Special Education.
The Board directs the administration to establish rules and regulations for student conduct on buses, including applicable due process rights to be afforded students suspended from transportation privileges. These rules and regulations shall be promulgated to all concerned, including the nonpublic schools to which students are transported.
Individuals with Disabilities Act (IDEA), 20 USC Sections 1400-1485
8 NYCRR Section 156
Adopted: 7/1/13
7350 CORPORAL PUNISHMENT/EMERGENCY INTERVENTIONS
Corporal Punishment
Corporal punishment as a means of discipline shall not be used against a student by any teacher, administrator, officer, employee or agent of this District.
Whenever a school employee uses physical force against a student, the school employee shall immediately report the situation to his or her principal or supervisor. The principal or supervisor shall, within the same school day, make a report to the Superintendent describing in detail the circumstances and the nature of the action taken.
The Superintendent shall submit a written report semi-annually to the Commissioner of Education, with copies to the Board, by January 15 and July 15 of each year, setting forth the substance of each written complaint about the use of corporal punishment received by the Oppenheim-Ephratah-St. Johnsville Central School District authorities during the reporting period, the results of each investigation, and the action, if any, taken by the school authorities in each case.
Emergency Interventions
However, if alternative procedures and methods which would not involve physical force do not work, then the use of reasonable physical force is not prohibited for the following reasons:
a) Self-protection;
b) Protection of others;
c) Protection of property; or
d) Restraining/removing a disruptive student.
Such emergency interventions shall only be used in situations where alternative procedures and methods not involving the use of reasonable physical force cannot reasonably be employed. Emergency interventions shall not be used as a punishment or as a substitute for systematic behavioral interventions that are designed to change, replace, modify or eliminate a targeted behavior.
Staff who may be called upon to implement emergency interventions will be provided appropriate training in safe and effective restraint procedures. The parent(s) of the student shall be notified whenever an emergency intervention is utilized.
The District will maintain documentation on the use of emergency interventions for each student including:
a) Name and date of birth of student;
b) Setting and location of the incident;
c) Name of staff or other persons involved;
d) Description of the incident and emergency intervention used, including duration;
e) A statement as to whether the student has a current behavioral intervention plan; and
f) Details of any injuries sustained by the student or others, including staff, as a result of the incident.
This documentation will be reviewed by District supervisory personnel and, if necessary, by the school nurse or other medical personnel.
8 NYCRR Sections 19.5, 100.2(l)(3), 200.15(f)(1) and 200.22(d)
NOTE: Refer also to Policy #7313 — Suspension of Students
Adopted: 7/1/13
7352 EMERGENCY INTERVENTION (CRISIS DE-ESCALATION AND RESTRAINT)
Emergency” means a situation in which immediate intervention involving the use of reasonable physical force is necessary. Emergency interventions will be used only in situations in which alternative procedures and methods not involving the use of physical force cannot reasonably be employed.
Physical restraint will not be used as a punishment or as a substitute for systematic behavioral interventions that are designed to change, replace, modify or eliminate a targeted behavior.
Staff who may be called upon to implement emergency interventions will be provided with appropriate training and safe and effective restraint procedures.
The school must maintain documentation on the use of emergency interventions for each student. The documentation must include the name and date of birth of a student; the setting and location of the incident; the name of the staff or other persons involved; a description of the incident and the emergency intervention used, including duration; a statement as to whether the student has a current behavioral intervention plan and details of any injuries sustained by the student or others, including staff as a result of the incident. The parent of the student will be notified and documentation of emergency interventions should be reviewed by school supervisory personnel and as necessary the school nurse or other medical personnel.
Physical restraints to contain and/or control the behavior of students should only be used to ensure safety and protection. Except where otherwise specified as part of an approved behavioral intervention plan (BIP), physical restraints should only be employed as a safety response to acute physical behavior and their use is restricted to the following circumstance: The student, other students, staff members or others are at imminent risk of physical harm.
An informed consent process for the family or caretaker of the student should be in place (as part of a BIP) prior to the use of any physical restraint of a student.
Physical intervention should never increase (or create more) risk than the behavior it is trying to contain. As any physical restraint involves some risk of injury to the student or staff, staff must weigh this risk against the risks involved in failing to physically intervene when it may be warranted.
Physical restraints must never be used as:
a) punishments,
b) consequences,
c) for “demonstrating who is in charge”; or
d) for classroom maintenance (such as enforcing compliance with directions or rules or for preventing the student from leaving the classroom).
Additionally, restraints must not be used for the convenience of staff, as a substitute for an educational program, as a substitute for less restrictive alternatives, or as a substitute for adequate staffing patterns.
Physical restraints should only be employed after other less intrusive, de-escalation approaches (such as behavior support techniques or verbal interventions) have been attempted unsuccessfully, or where there is no time to try such alternatives.
Physical restraints must only be employed for the minimum time necessary. They must cease when the student is judged to be safe and no longer at risk of self-injury or harming others.
Physical restraints may only be undertaken by staff who have successfully completed a comprehensive crisis management course that covers:
a) crisis definition and theory,
b) the use of de-escalation techniques,
c) crisis communication,
d) anger management,
e) physical restraint techniques,
f) the legal, ethical, and policy aspects of their use,
g) decision-making related to physical restraints,
h) debriefing strategies,
i) signs of distress and effect on the student and how to monitor,
j) identification of events and environmental factors that may trigger an emergency safety situation,
k) instruction on the State Board policy on physical restraints,
l) the effects of restraint on ALL students, and
m) the needs and behaviors of the population being served.
They must also have demonstrated competency in performing the intervention techniques, which is measured and documented according to relevant professional and/or state regulatory guidelines and the guidelines of the crisis management course.
All staff involved in an incident of physical restraint must have successfully completed the same training program which has been fully endorsed and implemented in the school district, been assessed as competent in the use of physical restraints, and have successfully completed a skills review within the previous six months. Although all staff will not be trained in physical restraints, all staff should be trained in safety concerns and documentation during orientation training. The school policy on physical restraint should be reviewed with all staff during orientation at the beginning of each school year and immediately with any newly hired staff. Untrained staff may not restrain children and must refer to the District’s policy about options available to untrained staff.
Only physical restraint skills and decision-making processes that are taught in the comprehensive crisis management course and approved by the District (and any relevant statutory authority) may be used. All techniques (including decision-making processes) must be applied according to the guidelines provided in the training and in this policy.
Two or more staff members should be involved in any physical restraint to help ensure safety and accountability. A nurse or medically trained person should be in attendance during any physical restraint to observe and monitor the student and staff for physical indicators of distress.
Students may not be permitted to restrain or to assist in the restraint of other students.
Following any incident involving physical restraint, the school must ensure that post-incident medical and follow-up evaluation, debriefing and support is offered to the student, the staff members, and any other people involved in or witnesses of the episode. Staff members should provide the student with an explanation for the intervention and offer the student an opportunity to express his or her views on what transpired.
The school must have a review committee process for concerns that arise regarding humaneness or social acceptability (This is the team who reviews the restraint using the restraint form). Furthermore, the school must have a formal grievance procedure in place for students (or their advocates), that is easy to understand, assures confidentiality, and is readily accessible. The grievance procedure should include who to contact in the school and relevant external authorities.
Any initial use of physical restraint should be reported to the appropriate statutory authority (principal) or school governing authority (principal) and an agreed individual crisis management plan or emergency intervention plan should be developed and implemented by the concerned parties, including making informed decision-making with parents or guardian.
Use of restraint should be discussed with the student and under what circumstances restraint would be used and what kind. The plan should cover the use of positive and less intrusive intervention techniques and specify the circumstances under which physical restraint may or may not be an appropriate response in the future.
All incidents of physical intervention must be recorded on incident report forms that reflect the stated policy and include (at least) details of the incident, the people involved, the preventive strategies that were employed, actual techniques used, any injuries sustained by the student or staff, and debriefing that was provided for the student. School administrators should review all such reports and appropriate action should be taken (for example, counseling for the student and/or staff members, critical incident review, skills update, notification to external authorities, notification of the family). The data collection system should be used for a data-driven decision making process that concentrates on adjusting the system to support the student.
If any injuries to students result from the use of physical restraints, the details must be reported to the appropriate statutory authority or school governing authority. A formal review of the incident and the individual crisis management plan or emergency intervention plan should be implemented and/or adjusted.
Adopted: 3/5/15
Revised: 2/1/17
7360 WEAPONS IN SCHOOL AND THE GUN-FREE SCHOOLS ACT
With the exception of those students who receive prior written permission from the Board or its designee, no student may bring in or possess any “firearm” or “weapon” on school property, on a school bus or District vehicle, in school buildings, or at school sponsored activities or settings under the control or supervision of the District regardless of location. Any student who has been found guilty of bringing in or possessing a firearm or weapon in violation of this policy will be disciplined in a manner consistent with State and Federal law and the District’s Code of Conduct. Such discipline may include a mandatory suspension for a period of not less than one calendar year for a student who is determined to have violated the Federal Gun-Free Schools Act and its implementing provisions in the New York State Education Law, provided that the Superintendent may modify the suspension requirement on a case-by-case basis.
Students who have brought a “weapon” or “firearm” to school will be referred by the Superintendent to either a presentment agency (the agency or authority responsible for presenting a juvenile delinquency proceeding) or to appropriate law enforcement officials. Such referrals will be made as follows: a student who is under the age of 16 and who is not a 14 or 15 year-old who qualifies for juvenile offender status under the Criminal Procedure Law will be referred to a presentment agency for juvenile delinquency proceedings; a student who is 16 years old or older, or who is 14 or 15 and qualifies for juvenile offender status, will be referred to the appropriate law enforcement authorities.
For the purposes of this policy, the term “weapon” will be as defined in 18 USC 930(g)(2).
For the purposes of this policy, the term “firearm” will be as defined in 18 USC 921(a).
Students with disabilities continue to be entitled to all rights enumerated in the Individuals with Disabilities Act and Education Law Article 89. This policy shall not be deemed to authorize suspension of students with disabilities in violation of those authorities.
This policy does not diminish the authority of the Board to offer courses in instruction in the safe use of firearms in accordance with Education Law Section 809-a.
Gun-Free Schools Act as reauthorized by the No Child Left Behind Act of 2001
18 USC Sections 921(a) and 930
Criminal Procedure Law Section 1.20(42)
Education Law Sections 809-a and 3214
NOTE: Refer also to Policies #3411 — Prohibition of Weapons on School Grounds
#7313 — Suspension of Students
District Code of Conduct
Adopted: 7/1/13
Revised: 5/7/14
7410 EXTRACURRICULAR ACTIVITIES
The Board considers extracurricular activities to be a valuable part of the program of the school and shall support these activities within the financial means of the District.
Limited Open Forum
The Board maintains a limited open forum where secondary students may meet for voluntary student-initiated activities unrelated directly to the instructional program, regardless of religious, political or philosophical content.
To provide “a fair opportunity” to students who wish to conduct a meeting, the Board, in accordance with the provisions of the Equal Access Act, shall ensure that:
a) The meeting is voluntary and student-initiated;
b) There is no sponsorship of the meeting by the school, the government, or its agents or employees;
c) Employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;
d) The meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and
e) Nonschool persons may not direct, conduct, control, or regularly attend activities of student groups (20 USC Section 4071[c]).
The Board prohibits student organizations whose activities may be unlawful or may cause disruption or interference with the orderly conduct of the educational process.
Administration is responsible for establishing regulations governing the use of school facilities by student organizations.
Eligibility for Attendance
a) Students who are suspended from school on a day of an athletic game or practice session, party, school dance, or other school affair scheduled after regular school hours are not eligible for participation or attendance at such events.
b) In order for students to attend a school-sponsored function, it is necessary that students attend classes for at least one-half of the school day on the day of the activity, unless otherwise excused by the building administrator. One-half of the school day is defined as follows: from 8:30 a.m. until noon or from noon until the end of the school day.
Equal Access Act, 20 USC Sections 4071-4074
Education Law Sections 1709 and 1709-a, 2503-a and 2554-a
Vehicle and Traffic Law Section 142
8 NYCRR Part 172
Adopted: 7/1/13
7411 CENSORSHIP OF SCHOOL SPONSORED STUDENT PUBLICATIONS AND ACTIVITIES
The District may exercise editorial control over the style and content of student speech in school sponsored publications and activities that are part of the educational curriculum.
Adopted: 7/1/13
7420 SPORTS AND THE ATHLETIC PROGRAM
General Principles and Eligibility
Athletics are an integral part of a well-balanced educational program. The District’s interscholastic athletic program will conform with the Commissioner’s regulations, as well as the established rules of the New York State Public High School Athletic Association (NYSPHSAA) and the State Education Department.
Athletic eligibility requires that the student:
a) Provide written parental or guardian consent. The consent form must contain information regarding mild traumatic brain injuries (concussions) as specified in the Commissioner’s regulations.
b) Obtain medical clearance from the school physician or nurse practitioner or the student’s personal physician. The school physician or nurse practitioner retains final approval on any physicals performed by a student’s personal physician.
c) Meet the requirements for interscholastic competition as set forth by the Commissioner’s regulations and the NYSPHSAA.
d) Comply with all District rules, codes, and standards applicable to athletic participation.
Title IX Compliance
The Board supports equal athletic opportunities for members of both sexes through interscholastic and intramural activities. To ensure equal athletic opportunities for its students, the District will consider:
a) Its accommodation of athletic interests and abilities (the nature and extent of sports offered, including levels of competition, team competition, and team performance);
b) Equipment and supplies;
c) Scheduling of games and practice time;
d) Travel costs and opportunities for travel;
e) Assignment and compensation of coaches;
f) Locker rooms, practice, and competitive facilities;
g) Available medical and training facilities and services; and
h) The nature and extent of support, publicity, and promotion, including cheerleading, bands, programs distributed at games, and booster club activities.
The District may consider other pertinent factors as well. Each of the factors will be assessed by comparing availability, quality, type of benefits, kind of opportunities, and form of treatment. Identical benefits, opportunities, or treatment are not required.
The District’s Civil Rights Compliance Officer will coordinate the District’s efforts to comply with and carry out its responsibilities under Title IX. This person will be appropriately trained and possess comprehensive knowledge about applicable federal and state laws, regulations, and policies. To the extent possible, the District will not designate an employee whose other job duties may create a conflict of interest, such as the athletic director.
Booster Clubs
The District has a responsibility under Title IX to ensure that boys’ and girls’ programs are provided with equivalent benefits, treatment, services, and opportunities regardless of their source. When determining equivalency, therefore, benefits, services, and opportunities attained through private funds—including donations, fundraising, and booster clubs—must be considered in combination with all benefits, services, and opportunities.
Athletic Placement Process for Interschool Athletic Programs (APP)
The APP is a method for evaluating students who want to participate in sports at higher or lower levels, consistent with their physical and emotional maturity, size, fitness level, and skills. The Board approves the use of the APP for all secondary school interscholastic team members. The Superintendent will implement procedures for the APP, and will direct the athletic director to maintain records of students who have successfully completed the APP.
Student Athletic Injuries
No injured student will be allowed to practice or play in an athletic contest. An appropriate medical professional should diagnose and treat an athlete’s injuries. The coach should ensure that any player injured while under his or her care receives prompt and appropriate medical attention, and that all of the medical professional’s treatment instructions are followed. The injured student has an obligation to promptly inform his or her coach of all injuries. No student will be allowed to practice or compete if there is a question whether he or she is in adequate physical condition. A physician’s certification may be required before an athlete is permitted to return to practice or competition.
Athletic Program-Safety
The District will take reasonable steps to minimize physical risks posed to students participating in the interscholastic athletic program by:
a) Requiring timely medical examinations of participants;
b) Employing certified or licensed staff to coach all varsity, junior varsity, and modified practices and games;
c) Providing or requiring certified or licensed officials to officiate all competitions;
d) Ensuring that its players’ equipment is safe and operates within the applicable manufacturers’ guidelines;
e) Ensuring that all home fields, courts, pools, tracks, and other areas where athletes practice, warm-up, or compete are safe and appropriate for use; and
f) Providing professional development and training opportunities for all coaching staff.
Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq.
45 CFR Part 86
8 NYCRR §§ 135 and 136
NOTE: Refer also to Policies #3420 — Non-Discrimination and Anti-Harassment in the District
#7522 — Concussion Management
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7430 CONTESTS FOR STUDENTS, STUDENT AWARDS AND SCHOLARSHIPS
Contests for Students
Distribution of educational material, essay contests, and poster contests must be approved in advance by the building principals if the sponsoring organization wishes to involve students in the project on school time. Samples of informational material should accompany the request. Upon the judgment of the principal, the request may be forwarded to the Superintendent and the Board for approval.
Student Awards and Scholarships
The District may obtain and award to its students awards and scholarships. The Board, having been entrusted by law, will hold in trust gifts, grants, bequests and legacies given or bequeathed to the Oppenheim-Ephratah-St. Johnsville Central School District and shall apply the same and/or their interest and proceeds according to the instruction of the donors and according to the procedures established by the administration.
Education Law Sections 1604(30), 1709(12-a) and 2503(1)
Adopted: 7/1/13
7431 RECOGNIZING SENIOR ACADEMIC ACHIEVEMENT
It is the intent of the Board of the Oppenheim-Ephratah-St. Johnsville Central School to formally recognize graduating Seniors who have consistently demonstrated outstanding academic achievement over the course of their high school years.
To this end, all graduating Seniors with cumulative high school averages of 90% or greater, will be deemed Honor Students. All Senior Honor Students will be asked to speak at the Graduation Ceremony.
Further, the two graduating Seniors with the highest averages will be recognized as the Valedictorian and Salutatorian, respectively. The Valedictorian and Salutatorian will, of course, be asked to speak at Graduation.
The Calculation of Averages
Cumulative averages of graduating Seniors will be calculated at the close of the 40-week marking period. These averages will be calculated by using “Final Averages” of all earned credit courses, except Physical Education, taken during the high school years. In any case that a student has taken a course twice, or re-taken a Regents Examination, the highest “Final Average” will be used in this calculation. Courses which have been failed, and not re-taken, will not be used in the calculation.
In the case of students who transfer into Oppenheim-Ephratah during the high school years, all numerical grades as follows:
A+ 98
A 95
A- 91
B+ 88
B 85
B- 81
C+ 78
C 75
C- 71
D+ 69
D 67
D- 65
The Board realizes that the recognition of academic excellence is made more equitable if the core subjects are weighted slightly. Therefore, for the purpose of calculating these Senior averages, all courses will be weighted equally (1.0), except the “A-track” courses in the four academic core subjects; English, Social Studies, Mathematics, and Science. These courses will receive an added .1 weighting (1.1).
Examples of this would be:
Non-Regents Biology 1.0
Regents Biology 1.1
General Math – 9 1.0
Course I – Math 1.1
Adopted: 7/1/13
7450 FUND RAISING BY STUDENTS, STAFF, OR SCHOOL-RELATED GROUPS
Purpose
It is the policy of the Board to limit fund raising campaigns by students, staff and school-related organizations to a minimum. The purpose for which a fund-raising project is undertaken will be related to the educational program, but not for the purpose of acquiring supplies or equipment which are considered to be basic to the educational program and normally funded by the Board.
Fund raising projects in which students sell merchandise, provide services, or in other ways solicit money for school activities may be sponsored by school organizations with the express approval of the building principal. Any such plan will have a clearly defined purpose and, in general, shall contribute to the educational experience of students and will not conflict with instructional programs or state mandates. Fund raising activities away from school property will be held to a minimum. All participation will be voluntary.
Employees are cautioned against giving the impression to students that the purpose of selling items or paying a fee is to defray a portion of the District’s educational program. At no time should a student’s participation in an educational activity include such sales or fees. In addition, it is imperative that employees not deposit the proceeds of any legitimate sales activity in their own personal accounts. These activities may jeopardize a student’s right to participate in the educational program on a tuition and/or fee-free basis. Further, employees engaged in such activities may be held personally liable.
Approval by Principal or Designee
The purpose and type of any fund-raising activities in which money is to be collected from the general public by any group of students using the name of the OESJ School District or any student organization sponsored by the OESJ School District must have prior written approval of the principal or designee. Any outside organization using OESJ students for fundraising in any way school related must adhere to the same policies.
Requests for fund-raising activities must be signed by the building principal and submitted to the Superintendent at least 30 days in advance of the desired date on a form prescribed by the Superintendent.
To be approved by the principal or designee, a fundraising activity will be:
a) Appropriate to the age or grade level;
b) Conducted in such a manner and at such times as to not encroach upon instructional time or interfere with formal classes;
c) Such that no student is prevented from participating by the high cost of the activity or by his or her limited financial resources;
d) Conducted so that no quotas are set for pupils, and donations are entirely voluntary without any pressure which compares the giving of one pupil with the giving of another;
e) Organized so that all monies collected by student organizations must be carried into the proper accounts;
f) Monitored by the principals so that, except as herein noted, public school pupils will not participate in any organized campaign to raise funds for any non-school purpose; nor may teachers permit such campaigns or drives within their classrooms;
g) Door to door sales are not permitted.
Fundraising on School Grounds
School-related organizational fund-raising activities must conform to the following Board guidelines as long as the organization is utilizing the buildings and property of the District:
a) All proposed fund-raising activities to be conducted under the name of the school-related group and involving the use of either school property, buildings, or students must first have the prior written approval of the appropriate building principal.
b) The principal will exercise discretion for approval of school-related fund-raising projects. Any such approved projects may not be in violation of Education Law or the New York State Constitution which generally state that revenue for private purpose gain may not be produced on school property.
c) In compliance with Regent’s Rule 19.6, District employees and students may not solicit funds from students on school premises during school attendance hours for any charitable cause or organization.
However, it will not be a violation of this Policy:
a) To raise funds through a transaction in which something of value is received by the purchaser, and a portion of the proceeds are a contribution, e.g., band concert tickets, candy bars, etc.;
b) To collect material goods, such as clothing or food, for charitable purposes, provided the material is collected in a manner that it is not apparent which students have contributed or what each student has contributed;
c) To inform students of community-based charitable fundraising activities and to encourage their participation after school hours; or
d) For a student organization to participate in a community service activity consistent with its constitution, and to solicit funds in support of that activity outside the hours of required school attendance.
Private Gain Prohibited
The use of students, District buildings and other facilities by any organization or individual for private gain, or any purpose involving private gain, is prohibited unless specifically permitted by law.
Definition of Fundraiser and Event
Event: a fundraising activity that happens once. Examples would be dinners (including pre-sale tickets), raffles, carnival, bake sale, concession, etc.
Fundraiser: is an activity where consumables/products are sold through orders (catalog/book sales), or sales such as candy, magazines, pies, etc.
New York State Constitution, Article 8, Section 1
Education Law Section 414
8 NYCRR Section 19.6
NOTE: Refer also to Policy #3271 — Solicitation of Charitable Donations
Adopted: 7/1/13
Revised: 6/4/14; 2/1/17
7460 CONSTITUTIONALLY PROTECTED PRAYER IN THE PUBLIC SCHOOLS
The Board affirms in writing to the NYS Education Department the responsibilities of the District, consistent with applicable statutory/case law pertaining to the First Amendment of the United States Constitution, to allow students and staff to engage in constitutionally protected prayer within the
District schools.
Accordingly, no Board policy shall prevent, or otherwise deny participation in, constitutionally protected prayer in District schools, consistent with federal law.
The Board rescinds any other policy that may be inconsistent with the mandates of this policy, which shall supersede any and all Board policies to the contrary.
United States Constitution, First Amendment
Equal Access Act, 20 USC Sections 4071-4074
NOTE: Refer also to Policy #8360 — Religious Expression in the Instructional Program
Adopted: 7/1/13
Revised: 1/4/17
7510 SCHOOL HEALTH SERVICES
All districts must provide and maintain a continuous program of health services which includes, but is not limited to:
a) Providing medical examinations and health screenings designed to determine the health status of the student;
b) Informing parents or other persons in parental relation to the student, pupils and teachers of the individual student’s health condition subject to federal and state confidentiality laws. The District will provide this notice in writing if the District becomes aware that the student has defective sight or hearing or a physical disability, including sickle cell anemia, or other condition which may require professional attention with regard to health;
c) Where the exigencies warrant (where the parents or persons in parental relation are unable or unwilling to provide the necessary relief and treatment), providing relief in situations where the student would otherwise be deprived of the full benefit of education through inability to follow the instruction offered;
d) Guiding parents, students and teachers in procedures for preventing and correcting defects and diseases and for the general improvement of the health of students;
e) Instructing school personnel in procedures to take in case of accident or illness;
f) Maintaining a program of education to inform school personnel, parents, non-school health agencies, welfare agencies and the general public regarding school health conditions, services and factors relating to the health of students;
g) Providing inspections and supervision of the health and safety aspects of the school facilities;
h) Providing health examinations before participation in strenuous physical activity and periodically throughout the season as necessary;
i) Providing health examinations necessary for the issuance of employment certificates, vacation work permits, newspaper carrier certificates and street trades badges; and
j) Surveying and making necessary recommendations concerning the health and safety aspects of school facilities and the provision of health information.
Education Law Article 19
8 NYCRR Part 136
Adopted: 7/1/13
Revised: 1/4/17
7511 IMMUNIZATION OF STUDENTS
Every child entering or attending a District school must present proof of immunization or proof of immunity by serology (blood test) if applicable unless:
a) A New York State licensed physician certifies that such immunization is detrimental to the child’s health. The requirement for that immunization is waived until such immunization is no longer detrimental to the child’s health; or
b) The student’s parent, parents, or persons in parental relation hold genuine and sincere religious beliefs which are contrary to the requirement. In such cases, the building principal will make a case-by-case determination as to whether to grant the exemption after receiving a written and signed statement from the parent(s) or persons in parental relation to the child. New York State Law does not recognize exemptions based on a parent(s) or guardian(s) personal or philosophical beliefs.
Except for the above two exemptions, the District may not permit a student lacking evidence of immunization to remain in school for more than 14 days, or more than 30 days for an out-of-state or out-of-country transferee who can show a good faith effort to get the necessary certification or other evidence of immunization.
For homeless children, the enrolling school must immediately refer the parent or guardian of the student to the District’s homeless liaison, who must assist them in obtaining the necessary immunizations, or immunization or medical records.
The administration will notify the local health authority of the name and address of excluded students and provide the parent or person in parental relation a statement of his or her duty regarding immunization as well as a consent form prescribed by the Commissioner of Health. The school will cooperate with the local health authorities to provide a time and place for the immunization of these students.
The District will provide an annual summary of compliance with immunization requirements to the Commissioner of Health.
All schools will post educational information on influenza and the benefits of influenza immunization. The information must be in plain view and available to parents.
Education Law Sections 310 and 914
Public Health Law Sections 2164 and 2168
8 NYCRR Part 136
10 NYCRR Subpart 66-1
NOTE: Refer also to Policy #7131 — Education of Homeless Children and Youth
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7512 STUDENT PHYSICALS
Health Examination
Each student enrolled in District schools must have a satisfactory health examination conducted by the student’s physician, physician assistant or nurse practitioner within 12 months prior to the commencement of the school year of:
a) The student’s entrance in a District school at any grade level;
b) Entrance to pre-kindergarten or kindergarten;
c) Entry into the 2nd, 4th, 7th and 10th grades.
The District may also require an examination and health history of a student when it is determined by the District that it would promote the educational interests of the student.
In addition, the District requires a certificate of physical fitness for:
a) All athletes prior to their first sport of the school year, then only those who were injured or ill during their first sport before participating in a second sport during the school year; and
b) All students who need work permits; and
c) All students either suspected of or sustaining a mild traumatic brain injury (concussion) must receive a written and signed authorization from a licensed physician before returning to athletic activities in school.
Health Certificate
Each student must submit a health certificate attesting to the health examination within 30 days after his or her entrance into school and within 30 days after his or her entry into the Pre-Kindergarten or Kindergarten, 2nd, 4th, 7th and 10th grades. The health certificate shall be filed in the student’s cumulative record. The health certificate must:
a) Describe the condition of the student when the examination was given;
b) State the results of any test conducted on the student for sickle cell anemia;
c) State whether the student is in a fit condition of health to permit his or her attendance at public school and, where applicable, whether the student has defective sight or hearing, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student;
d) Include a calculation of the student’s body mass index (BMI) and weight status category. BMI is computed as the weight in kilograms divided by the square of height in meters or the weight in pounds divided by the square of height in inches multiplied by a conversion factor of 703. Weight status categories for children and adolescents shall be defined by the Commissioner of Health. BMI collection is mandatory, effective September 2008. Reporting is random, with districts chosen by the NYS Department of Health. Selected districts must report BMI results on-line using DOH’s Health Provider Network (HPN), a secure Website;
e) Be signed by a duly licensed physician, physician assistant, or nurse practitioner, who is authorized by law to practice in New York State consistent with any applicable written practice agreement; or authorized to practice in the jurisdiction in which the examination was given, provided that the Commissioner of Health has determined that such jurisdiction has standards of licensure and practice comparable to those of New York. A certificate signed by a chiropractor is not acceptable except for a scoliosis evaluation.
Dental Certificate
The dental certificate law became effective on September 1, 2008. This law applies to new entrants in Pre-K, K, Grades 2, 4, 7 and 10. In accordance with this law, a notice of request for a dental health certificate shall be distributed at the same time that the parent or person in parental relation is notified of health examination requirements, such certificate to be furnished at the same time the health certificate is required. At this time, students will be permitted to attend school regardless of whether or not they have a dental certificate.
The dental certificate shall be signed by a duly licensed dentist, or a registered dental hygienist, authorized by law to practice in New York State or one who is authorized to practice in the jurisdiction in which the assessment was performed, provided that the Commissioner has determined that the jurisdiction has standards of licensure and practice comparable to New York State. The certificate shall describe the dental health condition of the student upon assessment, which shall not be more than 12 months prior to the commencement of the school year in which the assessment is requested, and shall state whether the student is in fit condition of dental health to permit his or her attendance at the public schools.
Requests are not to be retroactive (i.e., any physical requested prior to September 1, 2008 does not need to have an additional notice sent requesting the dental certificate). Requests are not required when the student or parent or person in parental relation objects on the grounds of conflict with their genuine and sincere religious beliefs. Within 30 days following the student’s entrance in the school or grade, the certificate, if obtained, shall be filed in the student’s cumulative health record.
Examination by Health Appraisal
The principal or the principal’s designee will send a notice to the parents of, or person in parental relationship to, any student who does not present a health certificate, that if the required health certificate is not furnished within 30 days from the date of such notice, an examination by health appraisal will be made of such student by the Director of School Health Services.
The Director of School Health Services shall cause such students to be separately and carefully examined and tested to ascertain whether any such student has defective sight or hearing, or any other physical disability which may tend to prevent the student from receiving the full benefit of school work or from receiving the best educational results, or which may require a modification of such work to prevent injury to the student.
The physician, physician assistant or nurse practitioner administering such examination shall determine whether a one-time test for sickle cell anemia is necessary or desirable and, if so determined, shall conduct such test and include the results in the health certificate.
Unless otherwise prohibited by law, if it is ascertained that any students have defective sight or hearing, or a physical disability or other condition, including sickle cell anemia which may require professional attention with regard to health, the principal or principal’s designee shall notify, in writing, the student’s parents or persons in parental relation as to the existence of such disability. If the parents or persons in parental relation are unable or unwilling to provide the necessary relief and treatment for such students, such fact shall be reported by the principal or principal’s designee to the Director of School Health Services, who then has the duty to provide relief for such students.
Health Screenings
The District will provide:
a) Scoliosis screening at least once each school year for all students in grades 5 through 9. The positive results of any such screening examinations for the presence of scoliosis shall be provided in writing to the student’s parent or person in parental relation within 90 days after such finding;
b) Vision screening to all students who enroll in school including at a minimum color perception, distance acuity and near vision within six months of admission to the school. In addition, all students shall be screened for distance acuity in grades Kindergarten, 1, 2, 3, 5, 7 and 10 and at any other time deemed necessary. The results of all such vision screening examinations shall be provided in writing to the student’s parent or person in parental relation and to any teacher of the student. The vision report will be kept in a permanent file of the school for at least as long as the minimum retention period for such records;
c) Hearing screening to all students within six months of admission to the school and in grades Kindergarten, 1, 3, 5, 7 and 10, as well as at any other time deemed necessary. Screening shall include, but not be limited to, pure tone and threshold air conduction screening. The results of any such hearing tests shall be provided in writing to the student’s parent or person in parental relation and to any teacher of the student.
The results of all health screenings shall be recorded on appropriate forms signed by the health professional making the examination, include appropriate recommendations, and be kept on file in the school. The health records of individual students will be kept confidential in accordance with the federal Family Educational Rights and Privacy Act (FERPA) and any other applicable federal and State laws.
Accommodation for Religious Beliefs
No health examinations, health history, examinations for health appraisal, screening examinations for sickle cell anemia and/or other health screenings shall be required where a student or the parent or person in parental relation to such student objects thereto on the grounds that such examinations, health history and/or screenings conflict with their genuine and sincere religious beliefs. A written and signed statement from the student or the student’s parent or person in parental relation that such person holds such beliefs shall be submitted to the principal or principal’s designee, in which case the principal or principal’s designee may require supporting documents.
Homeless Students
For homeless children, the enrolling school must immediately refer the parent or guardian of the student to the District’s homeless liaison, who must assist them in obtaining the necessary medical records.
Family Educational Rights and Privacy Act of 1974 (FERPA)
20 USC Section 1232(g)
Education Law Sections 901-905, 912 and 3217
8 NYCRR Parts 135 and 136
NOTE: Refer also to Policies #5690 — Exposure Control Program
#5691 — Communicable Diseases
#5692 — Human Immunodeficiency Virus (HIV) Related Illnesses
#7121 — Diagnostic Screening of Students
#7131 — Education of Homeless Children and Youth
#7510 — School Health Services
#7511 — Immunization of Students
#7522 — Concussion Management
Adopted: 7/1/13
Revised: 8/7/14
7513 ADMINISTRATION OF MEDICATION
The school’s registered professional nurse may administer medication to a student during the school day under certain conditions. For the purpose of this policy, the term “medication” includes both prescription and non-prescription medications. The school must receive the following before medication will be administered to a student:
a) The original written order from the student’s provider stating the name of the medication, precise dosage, frequency, and time of administration;
b) A written, signed consent from the student’s parent or person in parental relation requesting the administration of the medication, as prescribed by the physician, to the student in school; and
c) The medication, properly labeled in its original container, must be delivered to the school health office by the student’s parent or person in parental relation. The term “properly labeled,” in the context of this policy, means that the container must include the following information: the student’s name, name of medication, dosage, frequency, and prescribing physician. A student is not permitted to carry any medication on his or her person in school, or on the school bus, or keep any medication in his or her school locker(s). Exceptions may apply, however, for students diagnosed with asthma or other respiratory illnesses, diabetes, or allergies who will be permitted to carry and self-administer medication under certain conditions.
All medication orders must be reviewed annually by school health office personnel or whenever there is a change in dosage.
Students with Asthma or Other Respiratory Illnesses
The District will make a nebulizer available on-site in school buildings where full- or part-time nursing services are provided. Only students with a patient-specific order may have access to the nebulizer. School nursing personnel will clean and maintain the District nebulizer as appropriate.
The District will obtain and stock albuterol metered dose inhalers (MDIs) and/or liquid albuterol from a licensed pharmacy. This stock albuterol is for use in a nebulizer for students diagnosed with asthma whose personal prescription albuterol supplies are empty and while awaiting the parent or person in parental relation to provide the school with a new one. School health office personnel will promptly inform parents or persons in parental relation of the need for replacement of the student’s albuterol medication. Students utilizing the school’s stock albuterol must provide a patient specific order for albuterol from their own private health provider, including an order permitting the student to utilize the school’s stock albuterol. Stock albuterol may only be utilized when the school nurse is available to administer the medication. The student’s parent or guardian must also provide the school with written permission allowing his or her child to be administered the school’s stock albuterol in the event that the student’s own prescription albuterol supply is empty. The school health office will promptly inform students’ parents or persons in parental relation any time that the school stock albuterol was utilized.
Personal equipment used to deliver albuterol to a student will be cleaned and appropriately labeled with the student’s name and used solely by that individual student. (Examples of equipment to be cleaned and labeled are nebulizer tubing, facemask, mouthpiece, spacer, etc.)
Self-Administration of Medication
Generally
Each student who is permitted to self-administer medication should have an emergency care plan on file with the District. Further, the school will maintain a record of all written parental consents in the student’s cumulative health record.
School health office personnel will also maintain regular parental contact in order to monitor the effectiveness of such self-medication procedures and to clarify parental responsibility as to the daily monitoring of their child to ensure that the medication is being utilized in accordance with the physician’s or provider’s instructions. Additionally, the student will be required to report to the health office on a periodic basis as determined by health office personnel so as to maintain an ongoing evaluation of the student’s management of such self-medication techniques, and to work cooperatively with the parents and the student regarding such self-care management.
Students who self-administer medication without proper authorization will be referred for counseling by school nursing personnel, as appropriate. Additionally, school administration and parents will be notified of such unauthorized use of medication by the student, and school administration may determine the proper resolution of this behavior.
Students with Asthma or Another Respiratory Disease
A student will be permitted to carry and self-administer their prescribed inhaled rescue medication during the school day, on school property, and at any school function if the school health office has the following on file:
a) Written order/permission and an attestation from a duly authorized health care provider stating that the student has a diagnosis of asthma or other respiratory disease for which inhaled rescue medications are prescribed to alleviate respiratory symptoms or to prevent the onset of exercise induced asthma; the student has demonstrated that he or she can self- administer the prescribed medication effectively; and the expiration date of the order, the name of the prescribed medication, the dose the student is to self-administer, times when the medication is to be self-administered, and the circumstances which may warrant the use of the medication; and
b) Written consent from the student’s parent or person in parental relation.
Upon written request of the student’s parent or person in parental relation, the school will allow the student to maintain an extra inhaled rescue medication in the care and custody of the school’s registered professional nurse, nurse practitioner, physician assistant, or school physician.
Students with Allergies
A student will be permitted to carry and self-administer his or her prescribed EpiPen during the school day, on school property, and at any school function if the school health office has the following on file:
a) Written order/permission and an attestation from a duly authorized health care provider stating that the student has a diagnosis of an allergy for which an EpiPen is needed for the emergency treatment of allergic reactions; the student has demonstrated that he or she can self-administer the prescribed EpiPen effectively; and the expiration date of the order, the name of the medicine, the dose the student is to self-administer, and the circumstances which may warrant the use of the medication; and
b) Written consent from the student’s parent or person in parental relation.
Upon written request of the student’s parent or person in parental relation, the school will allow the student to maintain an extra EpiPen in the care and custody of a licensed nurse, nurse practitioner, physician assistant, or school physician.
Students with Diabetes
A student will be permitted to carry and self-administer his or her prescribed insulin through an appropriate medication delivery device, carry glucagon, and carry and use equipment and supplies necessary to check blood glucose and/or ketone levels during the school day, on school property, and at any school function if the school health office has the following on file:
a) Written order/permission and an attestation from a duly authorized health care provider stating that the student has a diagnosis of diabetes for which insulin and glucagon through appropriate medication delivery devices, and the use of equipment and supplies to check blood glucose and/or ketone levels are necessary; the student has demonstrated that he or she can self-administer effectively, can self-check glucose or ketone levels independently, and can independently follow prescribed treatment orders; and the expiration date of the order, the name of the prescribed insulin or glucagon, the type of insulin delivery system, the dose of insulin and/or glucagon the student is to self-administer, times when the insulin and/or glucagon is to be self-administered, and the circumstances which may warrant administration by the student. The written permission must also identify the prescribed blood glucose and/or ketone test, the times testing is to be done, and any circumstances which warrant checking a blood glucose and/or ketone level.
b) Written consent from the student’s parent or person in parental relation.
Upon written request of the student’s parent or person in parental relation, the school will allow the student to maintain extra insulin, insulin delivery system, glucagon, blood glucose meter, and related supplies to treat the student’s diabetes in the care and custody of a licensed nurse, nurse practitioner, physician assistant, or school physician.
Students with diabetes will also be permitted to carry food, oral glucose, or other similar substances necessary to treat hypoglycemia in accordance with District policy.
Alcohol-Based Hand Sanitizers
The SED permits the use of alcohol-based hand sanitizers in schools. The school medical director may approve and permit the use of alcohol-based hand sanitizers in the District’s schools without a physician’s order. Parents may provide written notification to the school in the event that they do not wish to have their child use this product.
Sunscreen
Students may carry and use FDA approved sunscreen products for over-the-counter use. The student’s parent or person in parental relation must provide written permission for the student to carry and use sunscreen. This written parental consent will be maintained by the school. A student who is unable to physically apply sunscreen may be assisted by unlicensed personnel when directed to do so by the student, if permitted by a parent or person in parental relation, and authorized by the school.
Storage and Disposal
The District will comply with relevant state laws, regulations, and guidelines governing the District’s receipt, storage, and disposal of medication.
Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 § 614(a)]
Individuals with Disabilities Education Act (IDEA), 20 USC §§ 1400 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq.
Education Law §§ 902(b), 907, 916, 916-a, 916-b, 919, 921, 6527, and 6908(1)(a)(iv), 6909
Public Health Law §§ 3000-a, c, 3309
8 NYCRR 136.6, 136.7
NOTE: Refer also to Policy #7521 — Students with Life-Threatening Health Conditions
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7514 STUDENT HEALTH RECORDS
The School shall keep a convenient, accurate, and up-to-date health record of every student. Insofar as the health records include confidential disclosures or findings, they shall be kept confidential.
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of students’ “education records.” For Pre-K through grade 12 students, health records maintained by the District, including immunization records and school nurse records, generally are considered “education records” subject to FERPA. In addition, records that the District or School maintains on special education students, including records on services provided to students under the Individuals with Disabilities Education Act (IDEA) are considered “education records” under FERPA because they are:
a) Directly related to a student;
b) Maintained by the School or a party acting for the School; and
c) Not excluded from the definition of “education records.”
Since student health and medical information in education records is protected by FERPA, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule excludes such information from its coverage.
Generally, these records may not be shared with third parties without written parental consent unless the disclosure meets one of the exceptions to FERPA’s general consent requirement. One exception permits the disclosure of education records, without parental consent, to appropriate parties in connection with an emergency, if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
Parents have a right under FERPA to inspect and review those health and medical records that are considered “education records” under FERPA. Individual records may be interpreted by the school’s registered professional nurse to administrators, teachers and other school officials, consistent with law.
Family Educational Rights and Privacy Act of 1974 (FERPA), 20 USC Section 1232g
Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191 34 CFR Part 99
45 CFR Parts 160, 162 and 164 Education Law Sections 902(b) and 905
8 NYCRR Part 136
Adopted: 7/1/13
7520 ACCIDENTS AND MEDICAL EMERGENCIES
Procedures shall be established and maintained by the Superintendent for the handling of student injuries and medical emergencies that occur on school property and during school activities.
Student Emergency Treatment
All staff members of the District are responsible to obtain first aid care for students who are injured or become ill while under school supervision.
In most instances first aid should be rendered, and then the parent should be contacted to come to school and transport the student to the family physician. Beyond first aid, the medical care of the student is the parent’s responsibility. However, the student’s welfare is always the primary concern, and it is the responsibility of school personnel to exercise good judgment and care under all circumstances.
The Board encourages all staff members to become qualified to give emergency treatment through instruction in first aid, Cardiopulmonary Resuscitation (CPR) and Automated External Defibrillators (AEDs).
Transporting an Ill or Injured Student
In the event of an illness or injury to a student, an ambulance may be called if warranted. This solution will be used after other alternatives, including parent or person in parental relation contact, have been made.
Insurance
The Board shall approve provisions for all students to be covered by group insurance.
Such student accident insurance policies are to be a co-insurance with family coverage(s) as primary.
Education Law Sections 1604(7-a), 1604(7-b), 1709(8-a) and 1709(8-b)
Adopted: 7/1/13
7521 STUDENTS WITH LIFE-THREATENING HEALTH CONDITIONS
Students come to school with diverse medical conditions which may impact their learning as well as their health. Some of these conditions are serious and may be life-threatening. As a result, students, parents, school personnel, and health care providers must all work together to provide the necessary information and training to allow children with chronic health problems to participate as fully and safely as possible in the school experience. This policy encompasses an array of serious or life-threatening medical conditions such as anaphylaxis, diabetes, seizure disorders, or severe asthma and acute medical conditions such as substance overdose. All students within the District with known life-threatening conditions will have a comprehensive plan of care in place: an Emergency Care Plan (ECP) or Individualized Healthcare Plan (IHP) and if appropriate, an Individualized Education Plan (IEP) or Section 504 Plan.
Life-Threatening Conditions
For those students with chronic life-threatening conditions such as diabetes, seizure disorders, asthma, and allergies, the District must work cooperatively with the parent(s) and the healthcare provider(s) to:
a) Immediately develop an ECP for each at risk student to ensure that all appropriate personnel are aware of the student’s potential for a life-threatening reaction;
b) If appropriate, develop an IHP that includes all necessary treatments, medications, training, and educational requirements for the student. If the student is eligible for accommodations based upon the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act, the appropriate procedures will be followed regarding evaluation and identification;
c) Provide training by licensed medical personnel (e.g., registered professional nurse) for all adults in a supervisory role in the recognition and emergency management of a specific medical condition for specific students;
d) Obtain specific medical-legal documents duly executed in accordance with New York State law; appropriate health care provider authorization in writing for specific students that includes the frequency and conditions for any testing and/or treatment, symptoms, and treatment of any conditions associated with the health problem; and directions for emergencies;
e) Secure written parent permission and discuss parental responsibility that includes providing the health care provider’s orders, providing any necessary equipment, and participation in the education and co-management of the child as he or she works toward self-management;
f) Allow supervised students to carry life-saving medication in accordance with relevant laws, regulations, and procedures. The District will also encourage parents and students to provide duplicate life-saving medication to be maintained in the health office in the event the self-carrying student misplaces, loses, or forgets their medication;
g) Assure appropriate and reasonable building accommodations are in place within a reasonable degree of medical certainty.
In addition, the District will:
a) Provide training for transportation, instructional, food service, or physical education staff, as appropriate, in the recognition of an anaphylactic reaction;
b) Have standing emergency medical protocols for nursing or other staff;
c) Request the school medical director to write a non-patient specific order for anaphylaxis treatment agents for the school’s registered professional nurse or other staff, as designated by the administration and allowed under federal and New York State laws and regulations, to administer in the event of an unanticipated anaphylactic episode;
d) Maintain or ensure the maintenance of a copy of the standing order(s) and protocol(s) that authorizes them to administer emergency medications such as anaphylactic treatment agents;
e) As permitted by New York State law, maintain stock supplies of life-saving emergency medications such as epinephrine auto-injectors or Naloxone (Narcan) for use, especially in first time emergencies;
f) Allow the school registered nurse, nurse practitioner, or physician to train unlicensed school personnel to administer emergency epinephrine via auto-injector, or emergency glucagon, to students with both a written provider order and parent or person in parental relation consent during the school day, on school property, and at any school function. Such training will be done in accordance with specifications outlined in the Commissioner’s regulations;
g) Ensure that building-level and District-wide school safety plans include appropriate accommodations for students with life-threatening health conditions.
h) Encourage families to obtain medic-alert bracelets for at risk students;
i) Educate students regarding the importance of immediately reporting symptoms of an allergic reaction.
Emergency Medication
Epinephrine Auto-Injectors (EAIs)
The District has entered into a collaborative agreement with an emergency health care provider in order to provide and maintain EAIs on-site in its instructional facilities. This agreement allows for trained school employees, who have completed a New York State Department of Health (NYSDOH) course, to administer EAIs to any student or staff member who demonstrates symptoms of anaphylaxis, regardless of whether such person has a prior history of severe allergic reactions. The District will ensure that it has sufficient EAIs available to ensure ready and appropriate access for use during emergencies and will immediately report every use of an EAI in accordance with the collaborative agreement with an emergency health care provider. The collaborative agreement, as defined in Public Health Law Section 3000-c, is required for the District to permit trained school employees to administer stock EAIs to students and staff members who do not have a patient-specific order for such medication.
Creating an Allergen-Safe School Environment
The risk of accidental exposure or cross-contamination is always present in school, particularly for students with food allergies. The school setting is a high-risk environment for accidental ingestion of a food allergen due to the presence of a large number of students, increased exposure to food allergens, and cross-contamination of tables, desks, and other surfaces.
In an effort to prevent accidental exposure to allergens, the District will monitor the following high-risk areas and activities:
a) Cafeteria;
b) Food sharing;
c) Hidden ingredients in art, science, and other projects;
d) Transportation;
e) Fund raisers and bake sales;
f) Parties and holiday celebrations;
g) Field trips;
h) Before and after school programs.
Medication Self-Management
The District will work toward assisting students in the self-management of their chronic health condition based upon the student’s knowledge level and skill by:
a) Adequately training all staff involved in the care of the child, as appropriate;
b) Assuring the availability of the necessary equipment and/or medications;
c) Providing appropriately trained licensed persons as required by law;
d) Developing an emergency plan for the student; and
e) Providing ongoing staff and student education.
Americans with Disabilities Act, 42 USC § 12101 et seq.
Individuals with Disabilities Education Act (IDEA), 20 USC §§ 1400-1485
Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq.
34 CFR Part 300
Education Law §§ 6527 and 6908
8 NYCRR § 136.7
Public Health Law §§ 2500-h (Anaphylactic policy for school districts) and 3000-a
NOTE: Refer also to Policy #7513 — Administration of Medication
Adopted: 7/1/13
Revised: 1/4/17
7522 CONCUSSION MANAGEMENT
The Board recognizes that concussions and head injuries are the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The physical and mental well-being of our students is a primary concern. Therefore, the Oppenheim-Ephratah-St. Johnsville Central School District adopts the following Policy to support the proper evaluation and management of concussion injuries and to comply with the New York State Concussion Awareness Act.
A concussion is a mild traumatic brain injury (MTBI). A concussion occurs when normal brain functioning is disrupted by a blow or jolt to the head or body that causes the head and brain to move rapidly back and forth. Recovery from concussion and its symptoms will vary. Avoiding re-injury and over-exertion until fully recovered are the cornerstones of proper concussion management. Concussions can impact a student’s academics as well as their athletic pursuits. The following policy shall represent the minimum standards that must be complied with by the Oppenheim-Ephratah-St. Johnsville Central School District relating to mild traumatic brain injuries.
Concussion Management Team (CMT)
In accordance with the Concussion Management and Awareness Act, the District is authorized, at its discretion, to establish a Concussion Management Team (CMT) which may be composed of the certified athletic director, a school nurse, the school physician, a coach of an interscholastic team, a certified athletic trainer or such other appropriate personnel as designated by the District. The Concussion Management Team shall oversee and implement the District’s concussion policy and regulations, including the requirement that all school coaches, physical education teachers, nurses and certified athletic trainers who work with and/or provide instruction to pupils engaged in school-sponsored athletic activities complete training relating to mild traumatic brain injuries. Furthermore, every concussion management team may establish and implement a program which provides information on mild traumatic brain injuries to parents and persons in parental relation throughout each school year.
Staff Training/Course of Instruction
Each school coach, physical education teacher, school nurse and certified athletic trainer who works with and/or provides instruction to students in school sponsored athletic activities (including physical education class and recess) shall complete a course of instruction every two years relating to recognizing the symptoms of concussions or MTBIs and monitoring and seeking proper medical treatment for students who suffer from a concussion or MTBI.
Components of the training will include:
a) The definition of MTBI;
b) Signs and symptoms of MTBI;
c) How MTBIs may occur;
d) Practices regarding prevention; and
e) Guidelines for the return to school and school activities for a student who has suffered an MTBI, even if the injury occurred outside of school.
The course can be completed by means of instruction approved by the SED which include, but are not limited to, courses provided online and by teleconference.
Information to Parents
The District shall include the following information on concussion in any permission or consent form or similar document that may be required from a parent or person in parental relation for a student’s participation in interscholastic sports. Information will include:
a) The definition of MTBI;
b) Signs and symptoms of MTBI;
c) How MTBIs may occur;
d) Practices regarding prevention; and
e) Guidelines for the return to school and to certain school activities for a student who has suffered an MTBI, even if the injury occurred outside of school.
The District will provide a link on its website, if one exists, to the above list of information on the State Education Department’s and Department of Health’s websites.
Identification of Concussion and Removal from Athletic Activities
The District shall require the immediate removal from all athletic activities of any student who has sustained, or is believed to have sustained, a mild traumatic brain injury (MTBI) or concussion. Any student demonstrating signs, symptoms or behaviors consistent with a concussion while participating in a class, extracurricular activity, or interscholastic athletic activity shall be removed from the class, game or activity and must be evaluated as soon as possible by an appropriate health care professional. Such removal must occur based on display of symptoms regardless of whether such injury occurred inside or outside of school. If there is any doubt as to whether the student has sustained a concussion, it shall be presumed that the student has been injured until proven otherwise. The District shall notify the student’s parents or guardians and recommend appropriate evaluation and monitoring, and follow-up with a physician.
The District may choose to allow credentialed District staff to use validated neurocognitive computerized testing as a concussion assessment tool to obtain baseline and post-concussion performance data. Post injury testing will only occur after a student’s symptoms have completely resolved and before any return to physical activity is permitted. These tools are not a replacement for a medical evaluation to diagnose and treat a concussion.
Return to School Activities and Athletics
The student shall not return to physical activity (including athletics, physical education class and recess) until he or she has been symptom-free for not less than 24 hours, and has been evaluated and received written authorization from a licensed physician. In accordance with Commissioner’s regulations, the District’s Medical Director shall have the authority to make the final decision in regard to return to school and/or return to play protocol. All such authorizations shall be kept on file in the student’s permanent health record. The standards for return to athletic activity will also apply to injuries that occur outside of school. School staff should be aware that students may exhibit concussion symptoms caused by injuries from outside activities and that these visible symptoms also indicate a removal from play.
The District shall follow any directives issued by the student’s treating physician with regard to limitations and restrictions on school and athletic activities for the student. The District’s Medical Director may also formulate a standard protocol for treatment of students with concussions during the school day.
In accordance with SED guidelines, this Policy shall be reviewed periodically and updated as necessary in accordance with SED guidelines. The Superintendent, in consultation with the District’s Medical Director and other appropriate staff, may develop regulations and protocols for strategies to prevent concussions, the identification of concussions, and procedures for removal from and return to activities or academics.
Education Law Sections 207; 305(42), and 2854
8 NYCRR 135.4 and 136.5
Guidelines for Concussion Management in the School Setting, SED Guidance Document, June 2012
Adopted: 8/7/13
7530 CHILD ABUSE AND MALTREATMENT
Familial Child Abuse
The District takes seriously the obligations of its officers and employees to report cases of child abuse or maltreatment. To this end, regulations shall be developed, maintained and disseminated by administration regarding the:
a) Mandatory reporting of suspected child abuse or maltreatment;
b) Reporting procedures and obligations of persons required to report;
c) Provisions for taking a child into protective custody;
d) Mandatory reporting of deaths;
e) Immunity from liability and penalties for failure to report;
f) Obligations for provision of services and procedures necessary to safeguard the life of a child; and
g) Provision of information in recognizing signs of unlawful methamphetamine laboratories for all current and new school officials (i.e., “mandated reporters”) who, as part of their usual responsibilities, visit children’s homes.
Additionally, an ongoing training program for all current and new school officials shall be established and implemented to enable such staff to carry out their reporting responsibilities.
Persons Required to Report
Persons required to report cases of child abuse or maltreatment to the State Central Register (SCR) in accordance with Social Services Law Section 413(1) include, but are not limited to, school teachers, school guidance counselors, school psychologists, school social workers, school nurses, school administrators or other school personnel required to hold a teaching or administrative license or certificate, and full- or part-time compensated school employees required to hold a temporary coaching license or professional coaching certificate.
All mandated reporters shall make the report themselves and then immediately notify the building principal or his or her designee. The building principal or his or her designee shall be responsible for all subsequent administration necessitated by the report.
Any report shall include the name, title and contact information for every staff member who is believed to have direct knowledge of the allegations in the report.
Prohibition of Retaliatory Personnel Action
Social Services Law Section 413(1) also prohibits a school from taking any retaliatory personnel action against an employee because such employee believes that he or she has reasonable cause to suspect that a child is an abused or maltreated child and that employee makes a report to SCR in accordance with Social Services Law. Further, no school or school official shall impose any conditions, including prior approval or prior notification, upon any staff member specifically designated a mandated reporter.
In accordance with Labor Law Section 740(1)(e), “retaliatory personnel action” means the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
Report Form
The “Report of Suspected Child Abuse or Maltreatment” Form LDSS-2221A may be accessed at the website of the New York State Office of Children and Family Services.
Education Law Section 3209-a
Family Court Act Section 1012
Labor Law Section 740(1)(e)
Social Services Law Sections 411-428
Child Abuse in an Educational Setting
The District is committed to the protection of students in educational settings from abuse and maltreatment by employees or volunteers as enumerated in law.
“Child abuse” shall mean any of the following acts committed in an educational setting by an employee or volunteer against a child:
a) Intentionally or recklessly inflicting physical injury, serious physical injury or death; or
b) Intentionally or recklessly engaging in conduct which creates a substantial risk of such physical injury, serious physical injury or death; or
c) Any child sexual abuse, defined as conduct prohibited by Penal Law Articles 130 or 263; or
d) The commission or attempted commission against a child of the crime of disseminating indecent materials to minors in accordance with Penal Law Article 235.
“Educational setting” shall mean the building(s) and grounds of the District; the vehicles provided by the District for the transportation of students to and from school buildings, field trips, co-curricular and extracurricular activities both on and off District grounds; all co-curricular and extracurricular activity sites; and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.
In any case where an oral or written allegation is made to a teacher, school’s registered professional nurse, school guidance counselor, school psychologist, school social worker, school administrator, Board member, or other school personnel required to hold a teaching or administrative license or certificate, that a child (defined in the law as a person under the age of 21 years enrolled in a school district in this state) has been subjected to child abuse by an employee or volunteer in an educational setting, that person shall upon receipt of such allegation:
a) Promptly complete a written report of such allegation including the full name of the child alleged to be abused; the name of the child’s parent; the identity of the person making the allegation and their relationship to the alleged child victim; the name of the employee or volunteer against whom the allegation was made; and a listing of the specific allegations of child abuse in an educational setting. Such written report shall be completed on a form as prescribed by the Commissioner of Education.
b) Except where the school administrator is the person receiving such an oral or written allegation, the employee completing the written report must promptly personally deliver a copy of that written report to the school administrator of the school in which the child abuse allegedly occurred (subject to the following paragraph).
In any case where it is alleged the child was abused by an employee or volunteer of a school other than a school within the school district of the child’s attendance, the report of such allegations shall be promptly forwarded to the Superintendent of the school district of the child’s attendance and the school district where the abuse allegedly occurred.
Any employee or volunteer who reasonably and in good faith makes a report of allegations of child abuse in an educational setting in accordance with the reporting requirements of the law shall have immunity from civil liability which might otherwise result by reason of such actions.
Upon receipt of a written report alleging child abuse in an educational setting, the school administrator or Superintendent must then determine whether there is “reasonable suspicion” to believe that such an act of child abuse has occurred. Where there has been a determination as to the existence of such reasonable suspicion, the school administrator or Superintendent must follow the notification/reporting procedures mandated in law and further enumerated in administrative regulations including parental notification. When the school administrator receives a written report, he or she shall promptly provide a copy of such report to the Superintendent.
Where the school administrator or Superintendent has forwarded a written report of child abuse in an educational setting to law enforcement authorities, the Superintendent shall also refer such report to the Commissioner of Education where the employee or volunteer alleged to have committed such an act of child abuse holds a certification or license issued by the State Education Department.
Any school administrator or Superintendent who reasonably and in good faith makes a report of allegations of child abuse in an educational setting, or reasonably and in good faith transmits such a report to a person or agency as required by law, shall have immunity from civil liability which might otherwise result by reason of such actions.
Reports and other written material submitted in accordance with law with regard to allegations of child abuse in an educational setting, and photographs taken concerning such reports that are in the possession of any person legally authorized to receive such information, shall be confidential and shall not be redisclosed except to law enforcement authorities involved in an investigation of child abuse in an educational setting or as expressly authorized by law or in accordance with a court-ordered subpoena. School administrators and the Superintendent shall exercise reasonable care in preventing such unauthorized disclosure.
Additionally, teachers and all other school officials shall be provided an annual written explanation concerning the reporting of child abuse in an educational setting, including the immunity provisions as enumerated in law. Further, the Commissioner of Education shall furnish the District with required information, including rules and regulations for training necessary to implement District/staff responsibilities under the law.
Prohibition of “Silent” (Unreported) Resignations
The Superintendent and other school administrators are prohibited from withholding from law enforcement authorities, the Superintendent or the Commissioner of Education, where appropriate, information concerning allegations of child abuse in an educational setting against an employee or volunteer in exchange for that individual’s resignation or voluntary suspension from his or her position.
Superintendents (or a designated administrator) who reasonably and in good faith report to law enforcement officials information regarding allegations of child abuse or a resignation as required in accordance with the law shall have immunity from any liability, civil or criminal, which might otherwise result by reason of such actions.
Education Law Article 23-B and Sections 902(b), 3028-b, and 3209-a
Penal Law Articles 130, 235 and 263
Social Services Law Section 413
8 NYCRR Part 83
Adopted: 7/1/13
Revised: 1/4/17
7550 DIGNITY FOR ALL STUDENTS
The District seeks to create an environment free of harassment, bullying, and discrimination, to foster civility in its schools, and to prevent conduct which is inconsistent with its educational mission. The District, therefore, prohibits all forms of harassment and bullying of students by employees or other students on school property and at school functions. The District further prohibits discrimination against students, including, but not limited to, those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, or sex by school employees or other students on school property and at school sponsored activities and events that take place at locations off school property. In addition, other acts of harassment, bullying, and/or discrimination which can reasonably be expected to materially and substantially disrupt the education process may be subject to discipline or other corrective action.
Dignity Act Coordinator
In each of its schools, the District will designate at least one employee holding such licenses and/or certifications as required by the Commissioner to serve as the Dignity Act Coordinator(s) (DAC). Each DAC will be thoroughly trained to handle human relations in the areas of race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression), and sex. Training will also be provided for DACs which addresses: the social patterns of harassment, bullying, and discrimination, including, but not limited to, those acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender, and sex; the identification and mitigation of harassment, bullying, and discrimination; strategies for effectively addressing problems of exclusion, bias, and aggression in educational settings. All DAC appointments will be approved by the Board.
The District will share the name, designated school, and contact information of each DAC with all school personnel, students, and parents or persons in parental relation. This information will be provided by:
a) Listing this information in the Code of Conduct, with updates posted on the District’s website; and
b) Including this information in the plain language summary of the Code of Conduct provided to all persons in parental relation to students before the beginning of each school year; and
c) Providing this information to parents and persons in parental relation in at least one District or school mailing or other method of distribution, including, but not limited to, electronic communication and/or sending information home with each student. If this information changes, parents and persons in parental relation will be notified of the changes in at least one subsequent District or school mailing, or other method of distribution as soon as practicable thereafter; and
d) Posting this information in highly visible areas of school buildings; and
e) Making this information available at the District and school-level administrative offices.
If a DAC vacates his or her position, another school employee will immediately be designated for an interim appointment as DAC, pending approval from the Board, within 30 days of the date the position was vacated. In the event a DAC is unable to perform the duties of the position for an extended period of time, another school employee will immediately be designated for an interim appointment as DAC, pending return of the previous individual to the position.
Training and Awareness
Each year, employees will be provided with training to promote a supportive school environment that is free from harassment, bullying, and/or discrimination, and to discourage and respond to incidents of harassment, bullying, and/or discrimination. This training may be provided in conjunction with existing professional development, will be conducted consistent with guidelines approved by the Board, and will:
a) Raise awareness and sensitivity to potential acts of harassment, bullying, and/or discrimination;
b) Address social patterns of harassment, bullying, and/or discrimination and the effects on students;
c) Inform employees on the identification and mitigation of such acts;
d) Enable employees to prevent and respond to incidents of harassment, bullying, and/or discrimination;
e) Make school employees aware of the effects of harassment, bullying, cyberbullying, and/or discrimination on students;
f) Provide strategies for effectively addressing problems of exclusion, bias, and aggression;
g) Include safe and supportive school climate concepts in curriculum and classroom management; and
h) Ensure the effective implementation of school policy on conduct and discipline.
Rules against bullying, discrimination, and/or harassment will be included in the Code of Conduct, publicized District-wide, and disseminated to all staff and parents. Any amendments to the Code of Conduct will be disseminated as soon as practicable following their adoption. New teachers will be provided a complete copy of the current Code of Conduct upon their employment, and an age-appropriate summary will be distributed to all students at a school assembly at the beginning of each school year.
Reports and Investigations of Harassment, Bullying, and/or Discrimination
Students who have been subjected to harassment, bullying, and/or discrimination, persons in parental relation whose children have been subjected to such behavior, or other students who observe or are told of such behavior, are encouraged and expected to make verbal and/or written reports to the principal, Superintendent, DAC, and/or other school personnel. All District staff who are aware of harassment, bullying, and/or discrimination, are required to orally report the incident(s) within one school day to the principal, Superintendent, or designee and report it in writing within two school days after making an oral report.
The principal, Superintendent, or designee will lead and/or supervise a thorough investigation of all reports of harassment, bullying, and/or discrimination, and ensure that these investigations are completed promptly after receipt of any such reports. All investigations will be conducted in accordance with law, the District’s Code of Conduct, and applicable District policy and procedure. In the event allegations involve harassment, bullying, and/or discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, or disability, the District may utilize the procedures set forth in Policy #3420 — Non-Discrimination and Anti-Harassment in the District, and its implementing regulations. Where appropriate, the DAC or other individual conducting the investigation, may seek the assistance of the District’s Civil Rights Compliance Officer in investigating, responding to, and remedying complaints of harassment, bullying, and/or discrimination.
In the event any investigation reveals harassment, bullying, and/or discrimination, the District will take prompt action reasonably calculated to end the harassment, bullying, and/or discrimination, eliminate any hostile environment, create a more positive school culture and climate, prevent recurrence of the behavior, and ensure the safety of the student or students against whom the harassment, bullying, and/or discrimination was directed. These actions will be taken consistent with applicable laws and regulations, District policies and administrative regulations, and collective bargaining agreements, as well as the District’s Code of Conduct and any and all applicable guidelines approved by the Board.
The Superintendent, principal, or designee will notify the appropriate local law enforcement agency when it is believed that any incident of harassment, bullying, and/or discrimination constitutes criminal conduct.
The principal of each primary and secondary school will provide a regular report (at least once during each school year) on data and trends related to harassment, bullying, and/or discrimination to the Superintendent. This report will be submitted in a manner prescribed by the District.
The District will annually report material incidents of harassment, bullying, and/or discrimination which occurred during the school year to the State Education Department. This report will be submitted in a manner prescribed by the Commissioner, on or before the basic educational data system (BEDS) reporting deadline, or other date as determined by the Commissioner.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
Any person who has reasonable cause to suspect that a student has been subjected to harassment, bullying, or discrimination by an employee or student on school grounds or at a school function, who acts reasonably and in good faith and reports this information to school officials, the Commissioner of Education, or law enforcement authorities, or otherwise initiates, testifies, participates, or assists in any formal or informal proceedings, will have immunity from any civil liability that may arise from making that report, or from initiating, testifying, participating, or assisting in those proceedings. Furthermore, the Board prohibits any retaliatory action against any person who, acting reasonably and in good faith, makes a report of harassment, bullying, or discrimination, or who otherwise initiates, testifies, participates, or assists in the investigation of a complaint of harassment, bullying, or discrimination.
Publication of District Policy
At least once during each school year, all school employees, students, and parents will be provided with a written or electronic copy of this policy, or a plain-language summary thereof, including notification of the process by which students, parents, and school employees may report harassment, bullying, and/or discrimination. Additionally, the District will strive to maintain a current version of this policy on its website at all times.
Application
Nothing in this policy or its implementing regulations should be interpreted to preclude or limit any right or cause of action provided under any local, state, or federal ordinance, law or regulation including, but not limited to, any remedies or rights available under the Individuals with Disabilities Education Act, Title VII of the Civil Rights Law of 1964, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990.
Education Law §§ 10-18, 801-a, 2801 and 3214
8 NYCRR § 100.2
NOTE: Refer also to Policies #1330 — Appointments and Designations by the Board
#3410 — Code of Conduct on School Property
#3420 — Non-Discrimination and Anti-Harassment in the District
#7551 — Sexual Harassment of Students
#7553 — Hazing of Students
#8242 — Civility, Citizenship and Character Education/Interpersonal
Violence Prevention Education
Adopted: 8/7/14
Revised: 1/4/17
7551 SEXUAL HARASSMENT OF STUDENTS
The Board affirms its commitment to provide an environment free from sex-based discrimination and sexual harassment, including sexual violence and intimidation. The Board, therefore, prohibits all forms of sexual harassment against students by other students, employees, school volunteers, and non-employees such as contractors and vendors, which occur on school grounds or at school-sponsored events, programs, or activities, including those that take place at locations off school premises.
Sexual Harassment
Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. For the purposes of this policy, sexual harassment also includes sexual violence. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. Sexual violence includes, but is not limited to: rape, sexual assault, sexual battery, and sexual coercion.
Sexual harassment can originate from a person of either sex against a person of the opposite or same sex, and from students, District employees, or third parties such as visitors or school volunteers.
Prohibited Conduct
Sexual harassment can be verbal, non-verbal, or physical. Examples of such conduct may include, but are not limited to, the following:
a) Verbal abuse or ridicule, including innuendoes, stories and jokes that are sexual in nature and/or gender-related. This might include inappropriate sex-oriented comments on appearance, including dress or physical features.
b) Direct or indirect threats or bribes for unwanted sexual activity.
c) Asking or commenting about a person’s sexual activities.
d) Unwelcome and unwanted physical contact of a sexual nature including, but not limited to, physical acts such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement.
e) Displaying or distributing pornographic or other sexually explicit materials such as magazines, pictures, internet material, cartoons, etc.
f) The use of profanity and/or other obscenities that are sexually suggestive or degrading in nature.
g) Unwelcome staring, leering, or gesturing which is sexually suggestive in nature.
h) Unwelcome and/or offensive public displays of sexual/physical affection.
i) Clothing that reflects sexually obscene and/or sexually explicit messages, slogans, or pictures.
j) Demanding sexual favors of a student, insinuating that refusal to acquiesce in such favors will adversely affect a student’s grades, references, academic/scholastic placement, and/or participation in extracurricular activities.
k) Engaging in sexual conduct with an individual who is unable to consent due to his or her age, use of drugs or alcohol, intellectual disability, or other disability.
l) Any other unwelcome and unwanted sexually oriented and/or gender-based behavior which is sexually demeaning, belittling, intimidating, or perpetrates sexual stereotypes and attitudes.
Investigation of Complaints and Grievances
In order for the Board to enforce this policy, and to take corrective measures as may be necessary, it is essential that any student who believes he or she has been a victim of sexual harassment in the school environment, as well as any other person who is aware of and/or who has knowledge of or witnesses any possible occurrence of sexual harassment, should immediately report such alleged harassment. The District recognizes that sexual harassment is a sensitive issue and that students may choose to inform any trusted staff member of suspected discrimination or harassment. Staff members who receive such complaints will immediately inform the Civil Rights Compliance Officer. Where appropriate, the Civil Rights Compliance Officer may seek the assistance of the relevant Dignity Act Coordinator in investigating, responding to, and remedying student complaints of discrimination and/or harassment. In the event that 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 an additional individual to serve in such capacity, or to the
Superintendent.
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of sexual harassment and will promptly take appropriate action to protect individuals from further sexual harassment. All such complaints will be handled in a manner consistent with the District’s policies, procedures, and/or regulations regarding the investigation of discrimination and harassment complaints, including Policy #3420 — Non-Discrimination and Anti-Harassment in the District.
Additional information regarding the District’s discrimination and harassment complaint and grievance procedures, including but not limited to the designation of the Civil Rights Compliance Officer, knowingly making false accusations, and possible corrective actions, can be found in Policy #3420 —
Non-Discrimination and Anti-Harassment in the District.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
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 sexual 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 sexual harassment has not resumed and that all those involved in the investigation of sexual harassment have not suffered retaliation.
Civil Rights Act of 1991, 42 USC Section 1981(a)
Title IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
34 CFR Section 100 et seq.
Education Law Section 2801(1)
OCR Dear Colleague Letter, April 4, 2011
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7552 STUDENT GENDER IDENTITY
All students need a safe and supportive educational environment to progress academically and developmentally. The District is committed to fostering a safe learning environment for all students, free from discrimination and harassment on the basis of sex, gender, gender identity, gender nonconformity, and gender expression. In accordance with applicable law, regulations, and guidelines, the District will ensure that students have equal access to all school programs, facilities, and activities. The District will assess and address the specific needs of each student on a case-by-case basis.
Key Terms
Generally, District personnel should use the language that individual students are using to describe their own gender identity, appearance, or behavior. The most commonly used terms are:
Cisgender: a person whose gender identity corresponds to their assigned sex at birth.
Gender: actual or perceived sex, typically with reference to social and cultural differences rather than physiological ones.
Gender expression: the ways a person conveys their gender identity to others, such as through behavior, appearance, clothing, hairstyle, activities, voice, and mannerisms.
Gender identity: a person’s inner sense or psychological knowledge of being male, female, neither, or both.
Gender nonconforming (GNC): describes someone whose gender identity or gender expression does not conform to social or stereotypical expectations of a person with that gender assigned at birth. This is also referred to as gender variant or gender atypical.
Transgender: someone whose gender identity is different than their gender assigned at birth.
Transition: the process by which a person socially or physically aligns their gender expression more closely to their gender identity than their assigned sex at birth.
Records
As required by law, the District will maintain the confidentiality of student information and records. If a transgender or GNC student has officially changed his or her name, as demonstrated by court order or birth certificate, the District will change its official and unofficial records, as needed, to reflect the change. The District will maintain records with the student’s assigned birth name in a separate, confidential file.
If a transgender or GNC student has not officially changed his or her name, but wishes to be referred to by a different name that corresponds to their gender identity, the District may create or change unofficial records to reflect the name and gender identity that the student consistently asserts at school. On state standardized tests, certain reports to the New York State Education Department, and when necessary to ensure appropriate and coordinated medical care, however, the District will use the student’s legal name and gender. Any student identification cards will be issued with the name reflecting the gender identity the student consistently asserts at school. The District will maintain records with the student’s assigned birth name and gender in a separate, confidential file.
Names and Pronouns
When apprised of a student’s transgender or GNC status, the District will endeavor to engage the student and his or her parents or guardians, as appropriate, in an effort to agree upon a plan that will accommodate the student’s individual needs at school. Transgender and GNC students have the right to discuss and convey their gender identity and expression openly and to decide when, with whom, and how much to share this confidential information. The plan may therefore include when and how to initiate the student’s preferred name and associated pronoun use and if, when, and how this is communicated to others. District staff will use the name and pronoun that corresponds to the gender identity the student consistently asserts at school.
Restrooms and Locker Rooms
The District will allow a transgender or GNC student to use the restroom and locker room that corresponds to the student’s consistently expressed gender identity at school. Any student requesting increased privacy or other accommodations when using bathrooms or locker rooms will be provided with a safe and adequate alternative, but they will not be required to use that alternative.
Physical Education and Sports
Physical education is a required part of the District’s curriculum. Where these classes are sex-segregated, students will be allowed to participate in a manner consistent with their gender identity. Students will likewise be allowed to participate in intramural activities consistent with their gender identity.
Upon written notification that a transgender or GNC student would like an opportunity to participate in the District’s interscholastic athletics program consistent with his or her gender identity, the District will determine his or her eligibility in accordance with applicable law, regulations, and guidelines. The District will confirm the student’s asserted gender identity with documentation it considers appropriate from a parent or guardian, counselor, doctor, psychologist, psychiatrist, or other medical professionals. The student’s gender identity should be the same as the identity used for District registration and other school purposes.
The District’s athletic director will notify opposing team athletic directors or the New York State Public High School Athletic Association if a student needs any accommodations during competitions. Any appeal regarding the District’s eligibility decision will be directly to the Commissioner of Education.
Other Activities
Generally, in other circumstances where students may be sex-segregated, such as overnight field trips, students may be permitted to participate in accordance with the gender identity that the student consistently asserts at school. Student privacy concerns will be addressed individually and on a case-by-case basis in accordance with District policy and applicable law, regulations, and guidelines.
Dress Code and Team Uniforms
Transgender or GNC students may dress in accordance with their gender identity or expression, within the parameters of the District’s dress code. The District will not restrict students’ clothing or appearance on the basis of gender.
The District’s dress code applies while its athletes are traveling to and from athletic contests. Athletes will have access to uniforms that are appropriate for their sport.
Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
34 CFR Part 99
Title IX of the Education Amendments of 1972
Education Law Article 2 and §§ 2-d, 11(7), 3201-a
8 NYCRR § 100.2
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#3420 — Non-Discrimination and Anti-Harassment in the District
#7550 — Dignity for all Students
#7551 — Sexual Harassment of Students
#7553 — Hazing of Students
#8242 — Civility, Citizenship and Character Education/Interpersonal
Violence Prevention Education
Adopted: 1/4/17
7553 HAZING OF STUDENTS
The Board is committed to providing a safe, productive, and positive learning environment within its schools. Hazing activities are demeaning and abusive behaviors that harm victims, are inconsistent with the educational goals of the District, and may constitute criminal conduct. Consequently, hazing of students by other students or groups of students is strictly prohibited on school property, in school buildings, on school buses, by school-sponsored groups, clubs, or teams, and at school-sponsored events and/or activities whether occurring on or off-campus. Hazing is prohibited regardless of the victim’s apparent willingness to participate in the activity.
For purposes of this policy, the term “hazing” is defined as any humiliating or dangerous activity expected of a student to join a group, regardless of their willingness to participate. Acts constituting hazing may range in severity from teasing or embarrassing a student to various forms of physical, emotional, and/or sexual abuse. Hazing behaviors include, but are not limited to:
a) Humiliation: socially offensive, isolating, or uncooperative behaviors.
b) Substance abuse: abuse of tobacco, alcohol, or illegal drugs.
c) Other dangerous actions: hurtful, aggressive, destructive, and disruptive behaviors.
Hazing is a form of harassment and bullying and may constitute discrimination. As such, the District’s response to reports of hazing will be governed by applicable law, the District’s Code of Conduct, and Policy #7550 — Dignity for All Students, and its implementing regulations. In the event allegations involve hazing based on a student’s race, color, religion, national origin, sex, sexual orientation, or disability, the District may utilize the procedures set forth in Policy #3420 — Non-Discrimination and Anti-Harassment in the District, and its implementing regulations.
Education Law §§ 1709-a, 2503-a, and 2801
Penal Law §§ 120.16 and 120.17
8 NYCRR § 100.2
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#3420 — Non-Discrimination and Anti-Harassment in the District
#7550 — Dignity for All Students
#7551 — Sexual Harassment of Students
District Code of Conduct
Adopted: 7/1/13
Revised: 1/4/17
7554 SUICIDE
The suicide of a student has an extremely disturbing effect on the school and the local community. Unfortunately, there has been a significant increase in the number of adolescents who choose suicide as a way to resolve their problems. It is the intent of this District to alert school personnel to the implications of suicide by a student, to help the school and the community cope with the aftermath of such a tragic event should it occur, to recommend ways of identifying children and adolescents at risk of attempting suicide and to suggest ways to prevent such occurrences.
Suicide prevention will be incorporated into the curriculum to make students aware of this growing problem. This will be done in a manner so as not to glamorize the situation but to educate students in regard to this policy.
The administration is responsible for informing staff of regulations and procedures of suicide prevention, intervention, and post-intervention that have been developed by the administration.
NOTE: Refer also to Policies: #3420 — Non-Discrimination and Anti-Harassment in the District
#5681 — School Safety Plans
#7550 — Dignity for All Students
#7553 — Hazing of Students
Adopted: 7/1/13
7560 NOTIFICATION OF SEX OFFENDERS
In accordance with the Sex Offender Registration Act (“Megan’s Law”), the Board supports the New York State Department of Criminal Justice Services (DCJS) in its effort to inform the community in certain circumstances of the presence of individuals with a history of sex offenses, particularly against children, in the school locality. This policy is enacted in order to minimize the possibility that the sex offender will come in contact with school-age children, and to assist law enforcement agencies in preventing further criminal activity from occurring. Furthermore, the District shall cooperate with local police authorities and the local community in promoting and protecting the safety and well-being of its students.
It is the policy of the Board to disseminate all information which the District receives from local police authorities in conjunction with Megan’s Law to designated staff members who might have possible contact with the offender during the course of their school duties including, but not limited to, building principals, supervisors, teachers, office personnel, coaches, custodians, bus drivers, and security personnel. The Superintendent reserves the right to automatically disseminate such information to additional members of the staff, designated supervisors of non-school groups that regularly use District facilities and have children in attendance, parents or guardians of District students, and other community residents who, in the opinion of the Superintendent, have an immediate need to be notified of such data in order to protect the safety of our students.
All staff members shall be informed of the availability of the information received by the District in accordance with Megan’s Law upon written request to the applicable building principal or designee or supervisor. Community residents shall be notified of the availability of this information, with written requests directed to the District Office.
Staff members shall inform their immediate supervisor if they observe within the school building, on school grounds, at school activities, or at or near bus routes any individual whose description matches the information which was provided to the District by local law enforcement authorities. Such law enforcement officials will be notified of this information by the District as appropriate.
Information that is disseminated to the District in accordance with Megan’s Law may be disclosed or not disclosed by the District in its discretion. Any information which the District receives regarding a sex offender from a source other than the Sex Offender Registry, and which is maintained independent of the requirements of Megan’s Law, will be available from the District, upon written request, in accordance with the requirements of the Freedom of Information Law (FOIL).
Special Circumstances Whereby Sex Offenders May Enter Upon School Grounds
As a mandatory condition of the sentence for sex offenders placed on probation or conditional discharge whose victim was under the age refrain from knowingly entering into or upon school grounds or any other facility or institution primarily used for the care or treatment of persons under the age of 18 while one or more of such persons are present.
However, by exception, a sex offender may enter school grounds or facility with the written authorization of his or her parole officer and the Superintendent for limited authorized purposes. Entrance upon the premises is subject to the following conditions:
a) The offender is a registered student, participant or employee of the facility;
b) The offender is an employee of an entity contracted by the facility;
c) The offender has a family member enrolled in the facility; or
d) If the school is the offender’s designated polling place and he or she enters solely to vote.
Implementation
Administrative regulations shall be developed to implement this policy.
Correction Law Article 6-C
Executive Law 259-c(14)
Penal Laws 65.10(4-a) and 140.15
Public Officers Law Section 84 et seq.
Adopted: 7/1/13
Revised: 8/7/14
7570 SUPERVISION OF STUDENTS
Students working on any activity must be supervised by the teacher or staff member in charge of the activity. This applies to all in school and extracurricular activities as well as sports activities and events. Permission to hold practices or meetings will not be granted unless a teacher or staff member is clearly in charge.
a) District personnel will be fully responsible for the supervision of all students in either their class or their after school activities.
b) Coaches will maintain supervision over the dressing rooms by personally being present during the dressing periods. Coaches are responsible for the supervision of their athletes at the end of practice, including bus duty, or making sure students have transportation home otherwise.
c) Teachers or assigned school personnel in the elementary grades will be responsible for playground supervision of all children under their jurisdiction during recess periods and before the regular afternoon sessions. The building principal will distribute the responsibility so that the playground situation is appropriately controlled.
d) Students will not be sent on any type of errand away from the building.
e) All teachers and staff working directly with students who have a history of wandering or elopement (i.e., leaving or running away from the premises without permission or notification) will be made aware of these concerns and of any existing behavioral intervention plan formulated to prevent or respond to instances of wandering or elopement.
NOTE: Refer also to Policies #5681 — School Safety Plans
#5720 — Transportation of Students
Adopted: 7/1/13
Revised: 1/4/17
7580 SAFE PUBLIC SCHOOL CHOICE OPTION TO STUDENTS WHO ARE VICTIMS OF A VIOLENT CRIMINAL OFFENSE
Any District student who is a victim of a violent criminal offense, as defined in accordance with Education Law and Commissioner’s regulations, that occurred on the grounds of the District elementary or secondary school that the student attends, shall be allowed to attend a safe public school within the District to the extent required by the federal No Child Left Behind Act (NCLB) and state law and regulations.
In accordance with Commissioner’s regulations, a “safe public school shall mean a public school that has not been designated by the Commissioner of Education as a persistently dangerous public elementary or secondary school.”
Violent Criminal Offense
The Superintendent shall determine if the student has been the victim of a “violent criminal offense.” “Violent criminal offense” means a crime that:
a) Involves infliction of a serious physical injury upon another as defined in New York State Penal Law Section 10.00(10); or
b) A sex offense that involves forcible compulsion; or
c) Any other offense defined in New York State Penal Law Section 10.00(12) that involves the use or threatened use of a deadly weapon.
Determination Whether Student is a Victim
Procedures shall be established for determination by the Superintendent of whether a student is a victim of a violent criminal offense that occurred on school grounds of the school the student attends. The Superintendent shall, prior to making any such determination, consult with any law enforcement agency investigating the alleged violent criminal incident and consider any reports or records provided by such agency. However, a criminal conviction is not required prior to the Superintendent’s determination that a student has been a victim of a violent criminal offense. The Superintendent may also consult with the school attorney prior to making such determination.
The Superintendent’s determination may be appealed to the Board. However, this determination will not preclude any student disciplinary proceeding brought against the alleged victim or perpetrator of such violent criminal offense.
Notice to Parents or Persons in Parental Relation
A school district that is required to provide school choice in accordance with applicable provisions of the federal No Child Left Behind Act of 2001, Education Law and Commissioner’s regulations, shall establish procedures for notification of parents of, or persons in parental relation to, students who are victims of violent criminal offenses of their right to transfer to a safe public school within the District and procedures for such transfer. Such notice shall be, to the extent practicable, provided in the dominant language or mode of communication used by the parents or persons in parental relation to such student. The District shall so notify the parents of, or persons in parental relation to, such student within 24 hours of the determination that the student has been the victim of a violent criminal offense on school grounds at the school he or she attends.
Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within 24 hours of such determination at the last known address or addresses of the parents or persons in parental relation to the student. Where possible, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents or persons in parental relation.
However, such notification shall not be required where there are no other public schools within the District at the same grade level or a transfer to a safe public school within the District is otherwise impossible. Similarly, procedures for such notification of parents or persons in parental relation to students who are victims of violent criminal offenses shall not be required where the District has only one public school within the District or only one public school at each grade level.
Designation of Safe Public School
It shall be the responsibility of the District, based on objective criteria, to designate a safe public school or schools within the District to which students may transfer. However, the District is not required to designate a safe public school where there are no other public schools within the District at the same grade level or transfer to a safe public school within the District is otherwise impossible. Similarly, if the District has only one public school within the School System or only one public school at each grade level, the District shall not be required to designate a safe public school.
Any student who transfers to a safe public school, in accordance with the provisions of this policy and applicable law and regulation, shall be enrolled in the classes and other activities of the public school to which such student transfers in the same manner as all other students at the public school. The receiving school shall be identified by the District and must be at the same grade level as the school from which the student is transferring. To the extent possible the District shall allow transferring students to transfer to a school that is making adequate yearly progress and has not been identified as requiring school improvement, corrective action, or restructuring. The District shall provide transportation for any student permitted to transfer to the safe public school within the District designated by the School System within the transportation limits established in accordance with Education Law Sections 3635 and 4401(4). Any student who transfers to a safe public school shall be permitted to remain in such safe public school until the student has completed the highest grade level in the school transferred to, or for such other period prescribed by the U.S. Department of Education, whichever is less.
While the parents or persons in parental relation to the student must be offered the opportunity to transfer their child, they may elect to have the child remain at the school he or she currently attends.
Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001,
Section 9532
Education Law Section 2802(7)
8 NYCRR Section 120.5
Adopted: 7/1/13
7610 SPECIAL EDUCATION: DISTRICT PLAN
A District plan shall be developed describing the Special Education program in the Oppenheim-Ephratah-St. Johnsville Central School District. The District plan shall include the following:
a) A description of the nature and scope of special education programs and services currently available to students (including preschool students) residing in the District, including but not limited to descriptions of the District’s resource room programs and each special class program provided by the District in terms of group size and composition.
b) Identification of the number and age span of students (school age and preschool) to be served by type of disability and recommended setting.
c) The method to be used to evaluate the extent to which the objectives of the program have been achieved.
d) A description of the policies and practices of the Board to ensure the allocation of appropriate space within the District for special education programs that meet the needs of students and preschool children with disabilities.
e) A description of the policies and practices of the Board to ensure that appropriate space will be continually available to meet the needs of resident students and preschool students with disabilities who attend special education programs provided by Boards of Cooperative Educational Services.
f) A description of how the District intends to ensure that all instructional materials to be used in the schools of the District will be made available in a usable alternative format for each student with a disability at the same time as such instructional materials are available to non-disabled students. The alternative format must meet the National Instructional Materials Accessibility Standard defined in federal law.
g) The estimated budget to support such plan.
h) The date on which such plan was adopted by the Board.
i) A description of how the District plan is consistent with the special education space requirements plan for the region as developed by the Board of Cooperative Educational Services.
The District plan, with personally identifiable student information deleted, shall be filed and available for public inspection and review by the Commissioner.
20 USC Section 1474(e)(3)(B)
8 NYCRR Part 155 and Section 200.2(c)
Adopted: 7/1/13
Revised: 8/7/14
7611 CHILDREN WITH DISABILITIES
A child with a disability means a student under the age of 21 who is entitled to attend public schools and who, because of mental, physical or emotional reasons can only receive appropriate educational opportunities from a program of special education. A child is not considered as having a disability if his or her educational needs are due primarily to unfamiliarity with the English language; environmental, cultural or economic factors; or lack of appropriate instruction in reading or mathematics.
If the State Education Department finds that the District has inappropriate policies, procedures or practices resulting in a significant disproportionality by race/ethnicity in the suspension, identification, classification and/or placement of students with disabilities, the District will ensure that it publicly reports on the subsequent revisions to those policies, procedures or practices.
The Board recognizes the existence of individual differences in the intellectual, social, emotional and physical development of children attending school in the District. In recognizing these differences, the Board supports a system of services offered in the least restrictive environment for children with disabilities which includes:
a) Not requiring any student to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving services.
b) Education in regular classes with or without support services, education in a resource room, education for part of the day in a special class, full time education in a special class, home instruction and education in a residential setting.
c) Providing for the education of students with disabilities with non-disabled peers to the extent appropriate.
d) Taking the following measurable steps to recruit, hire, train and retain highly qualified personnel to provide special education programs and services:
1. Utilize established procedures for publication of all potential job openings;
2. Check credentials and requirements listed on applications;
3. Provide training sessions for interview committee;
4. Special Education teachers are required to have subject matter knowledge appropriate to the level of instruction being provided; when teaching two or more core academic subjects exclusively to children with disabilities, the teacher will meet all requirements imposed by law or demonstrate competence in all the core academic subjects taught per state regulations;
5. Special education teachers and administrators are required to complete enhanced training in the needs of autistic children.
e) Establishing the following guidelines for the provision of appropriate accommodations necessary to measure the academic achievement and functional performance of the student in the administration of District-wide assessments:
1. Ensure that necessary accommodations are specified on individualized education program (IEP) and implemented in accordance with the IEP;
2. Review the need for accommodations at Committee on Special Education (CSE) evaluations/re-evaluations.
f) To the extent feasible, using universal design principles (defined as a concept or philosophy for designing and delivering products and services that are usable by people with the widest range of functional capabilities, which include products and services that are directly usable without requiring assistive technologies and products and services that are made usable with assistive technologies) in developing and administering District-wide assessment programs by:
1. Addressing appropriate universal design principles in IEP;
2. Having the Library Media Specialist and/or Curriculum Coordinator keep Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE) apprised of available products and services utilizing universal design principles;
3. Ensuring that instructional materials and activities allow learning goals to be achievable by individuals with wide differences in abilities;
4. Ensuring that flexible curricular materials and activities are built into the instructional design and operating systems;
5. Ensuring that instruction is diversified to deliver the general education curriculum to every student and diversify ways students may respond to that curriculum.
g) Consideration of the location of a school program(s) to a student’s residence, before placement into an educational program.
h) Adoption of written policies and procedures ensuring that students with disabilities are provided appropriate opportunities to earn a high school diploma in accordance with Commissioner’s regulations.
i) Allocation of appropriate space within the District for special education programs that meet the needs of students with disabilities.
j) Assurance that appropriate space will be available to meet the needs of resident students with disabilities who attend special education programs provided by BOCES.
Provision of Special Education Services to Nonpublic School Students with Disabilities who are Parentally Placed
The district of location is responsible for child find, including individual evaluations, Committee on Special Education (CSE) meetings, provision of special education services, and due process to parentally placed nonpublic school students attending nonpublic schools located in the geographic region of the public school district.
These requirements only pertain to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs; or to CSE placements of students with disabilities in approved private schools, Special Act School Districts, State-supported or State-operated schools or to Charter schools.
The actual cost for Committee on Special Education (CSE) administration, evaluations and special education services provided to a student with a disability who is a resident of New York State, but a nonresident to the district of location, may be recovered from the student’s school district of residence. Because federal regulations require parental consent before any personally identifiable information about the student relating to special education is shared between officials in the public school district of location and officials in the public school district of residence, parent consent to share special education information between the two public school districts is required before billing a district of residence for the cost of special education services provided to the student by the district of location.
The school district of location must consult with nonpublic school representatives and representatives of parents of parentally placed nonpublic school students with disabilities enrolled in nonpublic elementary and secondary schools located within the boundaries of the school district. The school district must engage in consultation regarding the child find process and services generally; consultation is not specific to individual students. Individual services are determined by the CSE.
The consultation process must be timely and meaningful and include discussion of:
a) Child Find;
b) Provision of Special Education Services; and
c) Use of Federal Funds.
The school district of location must provide, as appropriate, special education services to an eligible student who legally resides in another state and who is parentally placed in a nonpublic school located in New York State. The services to be provided to out-of-state students must be documented on a services plan that is developed by the CSE of the district of location. The services plan is the written plan that describes the specific special education and related service that the district of location will provide to the student consistent with the services that the school district of location has determined through the consultation process and in relation to the proportionate shares of federal IDEA Part B dollars, to be provided to the student.
Tuition Reimbursement Claims for Disabled Nonpublic School Students
The parent must comply with the IDEA’s pre-hearing notice requirement for tuition reimbursement claims. Specifically, the IDEA directs that at least ten business days before submitting a request for an impartial due process hearing for tuition reimbursement, the parent must give the district written notice of intent to enroll the child in private school at public expense. The purpose of this requirement is to give the public school district’s CSE the opportunity to meet and develop a new IEP for the student that addresses the parent’s concerns. A parent who does not provide such written notice within ten days may have his request for reimbursement reduced or denied.
Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 Sections 612 and 614
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
20 USC Section 9101(23)
21 USC Section 812(c)
34 CFR Part 300
Education Law Sections 3004(4), 3004(5), 3208, 3242, 3602-c, 4401-4407 and 4410-6
8 NYCRR Sections 52.21, 57-3, 100.5, 100.9, 177.2, 200.2(b), 200.2(c)(2)(v), 200.4(e)(9) and 200.6(a)(1)
NOTE: Refer also to Policy #7615 — Least Restrictive Environment
Adopted: 7/1/13
Revised: 1/4/17
7612 GROUPING BY SIMILARITY OF NEEDS
The Board will provide appropriate special education and related services to students with disabilities. For those students for whom an appropriate education requires that they be placed together for purposes of special education, the following guidelines shall apply:
a) That each student with a disability shall be identified, evaluated and placed as determined by the Committee on Special Education (CSE).
b) The CSE shall determine written goals, including academic and functional goals, for each student with a disability by considering the special and individual needs of each student with a disability. Short-term instructional objectives and/or benchmarks will be created for each preschool student with a disability and for students who take New York State alternate assessments.
c) The CSE shall recommend to the Board appropriate educational programs and services for each student with a disability based upon the CSE evaluation.
d) The CSE shall provide information to those teachers and professionals who arrange instructional groups for students with disabilities. Information shall include physical, psychological and social information as well as achievement test results.
e) The curriculum and instruction provided to students with disabilities who are grouped by similarity of needs shall be consistent with the individual needs of each student in the group.
f) Students with disabilities may be grouped according to:
1. Academic achievement, functional performance and learning characteristics;
2. Social development;
3. Physical development; and
4. Management needs.
g) When grouping students by similarity of needs, the social needs or physical development of a student shall not be the sole determinant for placement of a student in a special education program.
h) The management needs of such students may vary, provided that environmental modifications, adaptations, or human or material resources required to meet the needs of any one student in the group are provided and do not consistently detract from the opportunities of other students in the group to benefit from instruction.
8 NYCRR Sections 200.1(ww), 200.2(b)(3), 200.4(d) and 200.6(a)(3)
Adopted: 7/1/13
7613 THE ROLE OF THE BOARD IN IMPLEMENTING A STUDENT’S INDIVIDUALIZED EDUCATION PROGRAM
The Board shall establish at least one Committee on Special Education (CSE) and one Committee on Preschool Special Education (CPSE). The Board shall also establish, as necessary, Subcommittees on Special Education to ensure timely evaluation and placement of students with disabilities.
Committee on Special Education
The Board shall, upon completion of its review of the recommendations of the CSE, arrange for the appropriate special education programs and services to be provided to a student with a disability. The Board shall notify the parent or guardian of its action in accordance with federal and state law and regulations.
For a student not previously identified as having a disability, the CSE shall provide a recommendation to the Board which shall arrange for the appropriate special education programs and services to be provided within 60 school days of the date of receipt of consent to evaluate. For a student with a disability referred for review, a recommendation shall be provided to the Board which shall arrange for the appropriate special education programs and services to be provided within 60 school days of the referral for review. However, if such recommendation of the CSE is for placement in an approved in-state or out-of-state private school, the Board shall arrange for such special education programs and services for students with disabilities within 30 school days of the Board’s receipt of the recommendation of the CSE.
If on review of the recommendation of the CSE, the Board disagrees with such recommendation, the Board shall follow one of the following procedures:
a) The Board may remand the recommendation to the CSE with a statement of the Board’s objections or concerns and a request that a timely meeting be held to review and consider such objections or concerns. The CSE shall consider the Board’s objections or concerns, revise the individualized education program (IEP) where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the CSE, the Board may continue to remand the recommendation to the original committee for additional reviews of its objections or concerns, or establish a second CSE to develop a new recommendation in accordance with the following paragraph, provided that the Board arranges for the programs and services in accordance with the student’s IEP within the timelines as outlined above; or, in the alternative,
b) The Board may establish a second CSE to develop a new recommendation for the student. If the Board disagrees with such new recommendation, the Board may remand the recommendation to the second CSE with a statement of the Board’s objections or concerns and a request that timely meeting be held to review and consider such objections or concerns. The second CSE shall consider the Board’s objections or concerns, revise the IEP where appropriate, and resubmit a recommendation to the Board. If the Board continues to disagree with the recommendation of the second CSE, the Board may continue to remand the recommendation for additional reviews of its objections or concerns by the second CSE, provided that the Board arranges for the programs and services in accordance with the student’s IEP, as developed by the second CSE, within the timelines as outlined above.
In accordance with Commissioner’s regulations, the Board may not select the recommendation of the original CSE once it has established a second CSE.
The Board shall provide the student’s parents or guardians with written notice and a copy of the statement of its objections or concerns and notice of due process rights in accordance with Section 200.5 of the Regulations of the Commissioner.
Committee on Preschool Special Education
Upon receipt of the recommendation of the Committee on Preschool Special Education (CPSE), the Board shall arrange for the preschool student with a disability to receive such appropriate programs and services in accordance with the student’s IEP, commencing with the July, September or January starting date for the approved program, unless such services are recommended by the CPSE less than 30 school days prior to, or after, the appropriate starting date selected for the preschool student with a disability; in that case, such services shall be provided no later than 30 days from the recommendation of the CPSE.
If the Board disagrees with the recommendation of the CPSE, the Board shall send the recommendation back to the CPSE with notice of the need to schedule a timely meeting to review the Board’s concerns and to revise the IEP as deemed appropriate. The Board shall provide such notice as required by federal and state law and regulations.
Subcommittee on Special Education
The number of Subcommittees on Special Education will be determined by the CSE and the CSE will be responsible for the oversight and monitoring of the activities of each subcommittee to assure compliance with the requirements of applicable state and federal laws and regulations.
Each Subcommittee may perform the functions for which the CSE is responsible, except:
a) When a student is considered for initial placement in a special class; or
b) When a student is considered for initial placement in a special class outside of the student’s school of attendance; or
c) When a student is considered for placements in a school primarily serving students with disabilities or a school outside the District.
Subcommittees shall report annually to the CSE regarding the status of each student with a disability within its jurisdiction. Upon receipt of a written request from the parent or person in parental relation to a student, the Subcommittee shall refer to the CSE any matter in which the parent disagrees with the Subcommittee’s recommendation concerning a modification or change in the identification, evaluation, educational placement or provision of a free appropriate education to the student.
Education Law Sections 4402 and 4410
8 NYCRR Sections 200.2(d)(1), 200.4(c), 200.4(d), 200.5 and 200.16(e)
NOTE: Refer also to Policies #7631 — Appointment and Training of Committee on Special Education (CSE)/Subcommittee on Special Education Members
#7632 — Appointment and Training of Committee on Preschool Special Education (CPSE) Members
Adopted: 7/1/13
7614 PRESCHOOL SPECIAL EDUCATION PROGRAM
The Board recognizes the need for educational programs for three and four year old children with disabilities and directs that administrative practices and procedures be developed to:
a) Ensure the timely evaluation and placement of each preschool child with a disability residing in the District so the child has the opportunity to participate in preschool programs.
b) Establish a Committee on Preschool Special Education (CPSE) which shall be comprised in accordance with applicable federal and state law and regulation.
c) Ensure that parents have received and understand the request for consent for evaluation and re-evaluation of a preschool aged child.
Evaluations for Preschool Children with Disabilities
The District is required to collect entry assessment data in the three outcome areas on all preschool children who receive an initial evaluation. As currently required by Commissioner’s Regulation Section 200.5, a parent must be fully informed about the proposed initial evaluation and must provide consent for an initial evaluation. This would include a description of the proposed evaluation.
The CPSE will receive entry-level assessment results in the three outcome areas from approved preschool evaluators conducting initial evaluations on all preschool children suspected of having disabilities. The CPSE will then meet to determine the child’s eligibility for preschool education programs and/or services and complete the Child Outcomes Summary Form to determine the child’s entry level of functioning in the three outcome areas for all preschool children evaluated and found to be eligible. The form is be kept in the student’s record until the exit assessment information is due as a way to summarize complex assessment information in a format so that the data can be aggregated and reported to the SED.
If the committee recommends placing a child in an approved program that also conducted an evaluation of such child, it shall indicate in writing that such placement is an appropriate one for the child. In addition, the committee shall provide notice to the Commissioner of such recommendation.
Individuals with Disabilities Act (IDEA), 20 USC Section 1400 et seq.
Education Law Section 4410
8 NYCRR Sections 200.2(b)(2), 200.2(b)(5) and 200.5
NOTE: Refer also to Policy #7632 — Appointment and Training of Committee on Preschool
Special Education (CPSE) Members
Adopted: 7/1/13
Revised: 1/4/17
7615 LEAST RESTRICTIVE ENVIRONMENT
Least restrictive environment means that placement of students with disabilities in special classes, separate schools or other removal from the regular educational environment occurs only when the nature or severity of the disability is such that even with use of supplementary aids and services, education in regular classes cannot be satisfactorily achieved. The placement of an individual student with a disability in the least restrictive environment shall:
a) Provide the special education and related services, as well as supplementary aids and services, needed by the student. The term “related services” does not include a medical device that is surgically implanted, the optimization of the device’s functioning (e.g., mapping), maintenance of, or the replacement of such device;
b) Provide for education of the student to the maximum extent appropriate to the needs of the student with other students who do not have disabilities; and
c) Be as close as possible to the student’s home.
The District has an obligation, in accordance with law and regulation, to educate students with disabilities in the least restrictive environment. The District shall ensure that:
a) Placement is based on the student’s individualized education program and determined at least annually;
b) Placement is as close as possible to the student’s home, and unless the student’s individualized education program requires some other arrangement, the student shall be educated in the school he or she would have attended if not disabled;
c) In selecting the least restrictive environment, consideration will be given to any potential harmful effect on the student or on the quality of services that he or she needs; and
d) A student with a disability will not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.
The District shall ensure that a continuum of alternative placements, in accordance with law and/or regulation, will be available to meet the needs of students with disabilities. To enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate, specially designed instruction and supplementary services may be provided in the regular class, including, as appropriate, related services, consultant teacher services, paraprofessional support, resource room services, integrated co-teaching, and special class programs within the general education classroom.
Individuals with Disabilities Education Act (IDEA) 20 USC Section 1400 et seq.
34 CFR Part 300
Education Law Sections 4401-4410-a
8 NYCRR Sections 100.5, 100.9, 200.1(cc), 200.1(qq), 200.2(b), 200.4 and 200.6
Adopted: 7/1/13
7616 PREREFERRAL INTERVENTION STRATEGIES
The District will implement school-wide approaches and prereferral interventions in order to remediate a student’s performance within the general education setting prior to referral to the Committee on Special Education (CSE) for special education. The determination of prevention and prereferral intervention strategies or services will take into consideration the student’s strengths, environment, social history, language, and cultural diversity, in addition to the teacher’s concerns. The District may also provide a Response to Intervention (RtI) program to eligible students that is developed in accordance with Commissioner’s regulations as part of its school-wide approach to improve a student’s academic performance prior to a referral for special education.
The provision of programs and/or services for students starts with consideration and implementation of instruction in the general education curriculum, with appropriate supports, or modifications as may be necessary. In implementing prereferral intervention strategies, the District may utilize resources or strategies already in place for qualified students including, but not limited to, services available through Section 504 of the Rehabilitation Act of 1973 and Academic Intervention Services (AIS) as defined in Education Law and/or Commissioner’s regulations. The District will ensure that there is a system in place, with qualified, appropriately certified personnel, for developing, implementing, and evaluating prereferral intervention strategies.
If a student is identified as needing additional instructional support, the District will establish formal Instructional Support Teams (ISTs) in accordance with law, regulations, and District guidelines, as may be applicable, to review information from the student’s work, screenings, and assessments. The IST will include representatives from general and special education as well as other disciplines and include individuals with classroom experience, who may then recommend which type of instructional support the student requires and the frequency with which he or she should receive these services or supports. The building administrator will further ensure that all staff are familiar with intervention procedures and procedures for operating an IST. Parents or persons in parental relation to students will be involved in developing prereferral strategies to address the educational needs of the child. Additionally, the District will seek collaboration between outside agencies and the school prior to a referral of the student to the CSE in order to address necessary student support services.
District administration will also ensure that opportunities exist for collaboration between general educators and special educators, and that consultation and support are available to teachers and other school personnel to assist parents or persons in parental relation to students and teachers in exploring alternative approaches for meeting the individual needs of any student prior to formal referral for special education.
Prereferral/Intervention Instructional Support Plans will be designed so as to set forth proactive strategies to meet the broad range of individual student needs and to improve student performance. Prereferral/Intervention strategies and/or Instructional Support Plans will be reviewed and evaluated to determine their effectiveness and modified as appropriate. Appropriate documentation of the prevention and/or intervention strategies implemented will be maintained.
If a referral is made to the CSE during the course of implementing prereferral/intervention instructional support services, the CSE is obligated to fulfill its duties and functions, and must meet mandatory time lines in evaluating the student for special education services and implementation of an individualized education program (IEP), if applicable.
Academic Intervention Services
The Board will provide to students at risk of not achieving state standards with AIS. AIS means additional instruction which supplements the instruction provided in the general education curriculum and assists students in meeting those state learning standards as defined in Commissioner’s regulations and/or student support services which may include guidance, counseling, attendance, and study skills which are needed to support improved academic performance. The District will identify students to receive AIS through a two-step identification process set forth in Commissioner’s regulations.
The District will provide AIS to students who are limited English proficient (LEP) and are determined, through uniformly applied District-developed procedures, to be at risk of not achieving state learning standards in English language arts, mathematics, social studies and/or science, through English or the student’s native language.
The District has developed a description of the AIS offered to grades K through 12 students in need of these services. The description includes any variations in services in schools within the District and specifically sets forth:
a) The District-wide procedure(s) used to determine the need for AIS;
b) Academic intervention instructional and/or student support services to be provided;
c) Whether instructional services and/or student support services are offered during the regular school day or during an extended school day or year; and
d) The criteria for ending services, including, if appropriate, performance levels that students must obtain on District-selected assessments.
The District will review and revise this description every two years based on student performance results.
Parental Notification
a) Commencement of Services: Parents or persons in parental relation to a student who has been determined to need AIS will be notified in writing by the building principal. This notice will be provided in English and translated into the parent’s native language or mode of communication, as necessary. The notice will also include a summary of the AIS to be provided to the student, why the student requires these services, and the consequences of not achieving expected performance levels.
b) Ending of AIS: Parents or persons in parental relation will be notified in writing when AIS is no longer needed. This notice will be provided in English and translated to the parent’s native language or mode of communication, as necessary.
Parents will be provided with ongoing opportunities to consult with the student’s teachers and other professional staff providing AIS, receive reports on the student’s progress, and information on ways to work with their child to improve achievement.
§ 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq.
Education Law §§ 3602, 4401, and 4401-a
8 NYCRR §§ 100.1(g), 100.1(p), 100.1(r), 100.1(s), 100.1(t), 100.2(v), 100.2(dd)(4), 100.2(ee),
200.2(b)(7), 200.4(a)(2), 200.4(a)(9); 200.4(c), and Part 154
NOTE: Refer also to Policy #7212 — Response to Intervention (RtI) Process
Adopted: 7/1/13
Revised: 1/4/17
7617 DECLASSIFICATION OF STUDENTS WITH DISABILITIES
The District will establish and implement a plan for the appropriate declassification of students with disabilities which must include:
a) The regular consideration for declassifying students when appropriate;
b) A reevaluation of the student prior to declassification; and
c) The provision of educational and support services to the student upon declassification.
Eligibility Determinations
The District must evaluate a student with a disability prior to determining that a student is no longer a student with a disability as defined in accordance with Commissioner’s regulations, and the District will provide a copy of the evaluation report and the documentation of eligibility to the student’s parent. The results of any reevaluations must be addressed by the Committee on Special Education (CSE) in a meeting to review and, as appropriate, revise the student’s IEP.
Prior to the reevaluation, the District will obtain informed written parental consent unless otherwise authorized in accordance with law and/or regulation. Parental consent need not be obtained if the District can demonstrate that it has taken reasonable measures to obtain that consent, and the student’s parents fail to respond. The District must have a record of its attempts to obtain parental consent. Should the student’s parents refuse consent for the reevaluation, the District may continue to pursue the reevaluation by using mediation and/or due process procedures.
The District will take whatever action is necessary to ensure that the parent understands the proceedings at the meeting of the CSE, including arranging for an interpreter for parents with deafness or whose native language is other than English.
Recommendation for Declassification
If the student has been receiving special education services, but it is determined by CSE that the student no longer needs special education services and can be placed in a regular educational program on a full-time basis, the recommendation shall:
a) Identify the declassification support services, if any, to be provided to the student; and/or the student’s teachers; and
b) Indicate the projected date of initiation of such services, the frequency of provision of such services, and the duration of these services, provided that such services will not continue for more than one year after the student enters the full-time regular education program.
Declassification Support Services
When appropriate, the District will provide declassification support services to students who have moved from special education to a full-time regular educational program in accordance with the recommendation of the CSE.
Declassification support services means those services provided by persons appropriately certified in accordance with Part 80 of Commissioner’s Regulations, or holding a valid teaching license in the appropriate area of service, to a student or the student’s teacher to aid in the student’s move from special education to full-time regular education, including:
a) For the student, psychological services, social work services, speech and language improvement services, noncareer counseling, and other appropriate support services; and
b) For the student’s teacher, the assistance of a teacher aide or a teaching assistant, and consultation with appropriate personnel.
Procedural Safeguards Notice
The District will use the procedural safeguards notice prescribed by the Commissioner of Education. The District will further ensure that the procedural safeguards notice is provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the District will take steps to ensure that the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; that the parent understands the content of the notice; and that there is written evidence that all due process procedures, in accordance with law and/or regulation, have been met.
Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)]
Individuals with Disabilities Education Act (IDEA)
20 USC Section 1400 et seq.
34 CFR Part 300
Education Law Sections 4401-4410-a
8 NYCRR Sections 100.1(q), 100.2(u), 200.2(b)(8), 200.4(b)(4), 200.4(b)(5), 200.4(c)(3), 200.4(c)(4),
200.4(d)(1) and 200.5(a)
NOTE: Refer also to Policies #7222 — Diploma or Credential Options for Students with
Disabilities
#7641 — Transition Services
Adopted: 7/1/13
Revised: 1/4/17
7618 USE OF TIME OUT ROOMS
“Time out” is a technique used to interrupt an unacceptable behavior by removing the student from the situation where the misbehavior is occurring. SED does not regulate the use of time outs, but does regulate the use of a separate room where a student may be removed for a time out.
Except as provided in accordance with 8 NYCRR Section 200.22(c) as referenced below, the District will not employ the use of time out rooms as a means of regulating student behavior.
In accordance with Commissioner’s regulations, a time out room is defined “as an area for a student to safely deescalate, regain control and prepare to meet expectations to return to his or her education program.” If a time out room is to be used, it must be used in conjunction with a behavioral intervention plan (that is designed to teach and reinforce alternative appropriate behaviors). The student is then removed to a supervised area in order to facilitate self-control. Time outs may also be used in unanticipated situations that pose an immediate concern for the physical safety of a student or others. Such unanticipated or emergency use requires proper documentation as outlined in Commissioner’s Regulation Section 200.22(d)(4).
The District has adopted and implemented the following policy and procedures governing school use of time out rooms as part its behavior management approach consistent with Commissioner’s regulations, including the physical and monitoring requirements, parental rights and Individualized Education Program (IEP) requirements for students with disabilities.
At a minimum, the use of time out rooms will be governed by the following rules and standards:
a) The District prohibits placing a student in a locked room or space or in a room where the student cannot be continuously observed and supervised. The time out room will be unlocked and the door must be able to be opened from the inside. The use of locked rooms or spaces for purposes of time out or emergency interventions is prohibited.
Staff will continuously monitor the student in a time out room. The staff must be able to see and hear the student at all times.
Under no circumstances will a time out room in a school program be used for seclusion of the student, where the term “seclusion” is interpreted to mean placing a student in a locked room or space or in a room where the student is not continuously observed and supervised.
b) Factors which may precipitate the use of the time out room:
Except for unanticipated situations that pose an immediate concern for the physical safety of a student or others, the use of a time out room can only be used in conjunction with a behavioral intervention plan that is designed to teach and reinforce alternative appropriate behaviors.
c) Time limitations for the use of the time out room:
When a student is placed in a time out room in response to an unanticipated situation that poses an immediate concern for the safety of a student and others, without a prior behavioral intervention plan, the maximum length of time the student will remain in the time out room will be 30 minutes for students through the elementary grade level, or equivalent age, and 80 minutes, or two class periods, for students above the elementary grade level, or equivalent age.
Further, a student’s IEP will specify when a behavioral intervention plan includes the use of a time out room for a student with a disability, including the maximum amount of time a student will need to be in a time out room as a behavioral consequence as determined on an individual basis in consideration of the student’s age and individual needs.
School administration will be notified in the event a student is placed in a time out room for excessive amounts of time; and such information will be considered when determining the effectiveness of the student’s behavioral intervention plan and the use of the time out room for the student. Whether the student requires a debriefing following the use of a time out room will be left to the staff knowledgeable about the individual student.
d) Staff training on the policies and procedures related to the use of time out rooms will include, but not be limited to, the following measures:
1. The Committee on Special Education (CSE) Chairperson will be responsible to the Superintendent for establishing administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Commissioner’s regulations relating to the use of time out rooms, including members of the CSE and Committee on Preschool Special Education (CPSE).
2. At least one staff member who has been trained regarding the District’s policies and procedures related to the use of time out rooms will be in contact with each student where the time out room might be an appropriate behavioral intervention. No staff member who has not been trained regarding the District’s policies and procedures related to the use of time out rooms may direct a student to a time out room.
e) Data collection to monitor the effectiveness of the use of time out rooms:
District schools will establish and implement procedures to document the use of time out rooms, including information to monitor the effectiveness of the use of the time out room to decrease specified behaviors. Such data would be subject to review by the SED upon request.
Such data collection should appropriately include, but is not limited to, the following information:
1. A record for each student showing the date and time of each use of the time out room;
2. A detailed account of the antecedent conditions or specific behavior that led to the use of the time out room;
3. The amount of time that the student was in the time out room; and
4. Information to monitor the effectiveness of the use of the time out room to decrease specified behaviors which resulted in the student being placed in the room.
f) Information to be provided to parents:
1. The District will inform the student’s parents prior to the initiation of a behavioral intervention plan that will incorporate the use of a time out room for a student, and will give the parent the opportunity to see the physical space that will be used as a time out room and provide the parent with a copy of the school’s policy on the use of time out rooms.
2. Additionally, parents should be notified if their child was placed in a time out room. Minimally, whenever a time out room is used as an emergency intervention in accordance with Commissioner’s regulations Section 200.22(d), the parent will be notified of the emergency intervention. The notification will be provided the same day whenever possible.
3. The parent is a member of the CSE and the use of a time out room must be included on the student’s IEP. The parent receives prior notice as to the recommendations on a student’s IEP and may request due process in the event the parent does not agree with the CSE recommendations.
4. Parent reports of alleged inappropriate interventions used in a time out room should be directed to school administrators.
Physical Space Used as a Time Out Room
The physical space used as a time out room must meet certain standards:
a) The room will provide a means for continuous visual and auditory monitoring of the student;
b) The room will be of adequate width, length and height to allow the student to move about and recline comfortably;
c) Wall and floor coverings should be designed to prevent injury to the student, and there will be adequate lighting and ventilation;
d) The temperature of the room will be within the normal comfort range and consistent with the rest of the building;
e) The room will be clean and free of objects and fixtures that could be potentially dangerous to a student and will meet all local fire and safety codes;
f) A time out room will be unlocked at all times. The use of locked rooms or spaces as a time out room is prohibited.
g) At least one door to the room may be opened from the inside.
Superintendent Responsibilities
Without diminishing the Superintendent’s overall responsibility for the implementation of this policy, the Superintendent will:
a) Report to the Board which spaces within the District’s buildings are approved for use as time out rooms, and affirm that those spaces meet the applicable standards for physical space, furnishings and environmental conditions;
b) Approve an appropriate training program to be given to staff regarding the policies and procedures related to the use of time out rooms, and ensure that an appropriate number of trained staff are available each school year; and
c) Develop and implement a documentation and record-keeping system that will permit the District to monitor the effectiveness of the use of the time out room to decrease specified student behaviors, while maintaining the required confidentiality of student information.
Education Law Sections 207, 210, 305, 4401, 4402, 4403, and 4410
8 NYCRR Sections 19.5, 200.1, 200.4, 200.7, 200.22, and 201.2
Adopted: 1/8/15
7620 STUDENTS WITH DISABILITIES PARTICIPATING IN SCHOOL DISTRICT PROGRAMS
All students with disabilities residing in the District, including those of preschool age, shall be provided with full access and opportunity to participate in District programs, including nonacademic and extracurricular programs and activities, that are available to all other students enrolled in the public schools of the District. Nonacademic and extracurricular programs and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the District, referrals to agencies that provide assistance to individuals with disabilities and employment of students (both by the District and assistance in making outside employment available).
Parents or guardians of students with disabilities, including those students placed in out-of-District programs, shall receive timely notice of such District programs and activities.
Community Resources
The District may compile a list of community resources (appropriate and/or helpful services that may be available outside of the school setting) and provide this information to parents or persons in parental relation of a child with a disability. Such a list shall clearly state that these services are in addition to programs and services provided by the District and will not be paid for by the District. Any member of the District’s committees or subcommittees on special education, or the District, who, acting reasonably and in good faith, provides this information shall not be liable for such action.
Education Law Sections 4402(1)(b)(3-a) and 4410 (5)(b)(IV)
8 NYCRR Sections 200.2(b)(1) and 200.2(b)(2)
Adopted: 7/1/13
7621 SECTION 504 OF THE REHABILITATION ACT OF 1973
The Board affirms its compliance with those sections of the Rehabilitation Act of 1973 dealing with program accessibility.
Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities in federally assisted programs or activities solely on the basis of disability. The District shall make its program and facilities accessible to all its students with disabilities.
The District shall also identify, evaluate and extend to every qualified student with a disability under Section 504 a free, appropriate public education, including modifications, accommodations, specialized instruction or related aids and services, as deemed necessary to meet their educational needs as adequately as the needs of non-disabled students are met.
The District official responsible for coordination of activities relating to compliance with Section 504 is the Superintendent. This official shall provide information, including complaint procedures, to any person who feels his or her rights under Section 504 have been violated by the District or its officials.
Prohibition Against Disability-Based Discrimination in Accelerated Programs
The practice of denying, on the basis of disability, a qualified student with a disability the opportunity to participate in an accelerated program violates both Section 504 and Title II. A school district may not impose or apply eligibility criteria that screens out or tends to screen out a student with a disability from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary.
It is also unlawful to deny a student with a disability admission to an accelerated class or program solely because of his or her need for special education or related aids or services (i.e., related services, supplementary aids and services, program modification and supports for school personnel) or because the student has an Individualized Education Program (IEP) or a plan under Section 504.
Schools may employ appropriate eligibility requirements or criteria in determining whether to admit students, including students with disabilities, into accelerated classes or programs. Additionally, nothing in Section 504 or Title II requires schools to admit into accelerated classes or programs students with disabilities who would not otherwise be qualified for these classes or programs.
Americans With Disabilities Act, 42 USC Section 12101 et seq.
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794 et seq.
28 CFR Part 35
34 CFR Parts 104 and 300
NOTE: Refer also to Policy #3420 — Non-Discrimination and Anti-Harassment in the School
District
Adopted: 7/1/13
7631 APPOINTMENT AND TRAINING OF COMMITTEE ON SPECIAL EDUCATION (CSE)/SUBCOMMITTEE ON SPECIAL EDUCATION MEMBERS
Committee on Special Education (CSE) Membership
The Board shall appoint a Committee on Special Education (CSE) whose membership shall include, but not be limited to, the following members:
a) The parent(s) or persons in parental relationship of the student. To ensure that one or both parents are present at each CSE meeting, the District and the parent(s) may agree to use alternative means of participation such as videoconferences or conference phone calls;
b) Not less than one regular education teacher of such student (if the student is, or may be, participating in the regular education environment);
c) Not less than one special education teacher of the student, or, where appropriate, not less than one special education provider (i.e., related service provider) of such student;
d) A representative of the District who is qualified to provide or administer or supervise special education and who is knowledgeable about the general education curriculum and about the availability of resources of the District. An individual who meets these qualifications may be the same individual appointed as the special education teacher or provider in c) above or the school psychologist in i) below. The representative of the District will serve as the chairperson of the Committee;
e) An individual who can interpret the instructional implications of evaluation results, who may be a CSE member selected from the regular education teacher, the special education teacher or provider, the school psychologist, or the District representative described above, or a person having knowledge or special expertise regarding the student as determined by the District;
f) A member as described in letters b) through e) of this subheading is not required to attend the CSE meeting, in whole or in part, if the parent or person in parental relation to the student with a disability and the District agree, in writing not less than five calendar days prior to the meeting date, that the attendance of the member is not necessary because:
1. The member’s area of the curriculum or related services is not being modified or discussed in the meeting; or
2. The member’s area of the curriculum or related services is being modified or discussed in the meeting but, not less than five calendar days prior to the meeting, the excused member has submitted to the parents or persons in parental relation and the CSE written input into the development of the IEP, particularly with respect to their area of curriculum or related services; or
3. The committee member is unable to attend due to an emergency or unavoidable scheduling conflict and the District submits the written input listed in 2. above to the parents or persons in parental relation within a reasonable time prior to the meeting and prior to obtaining written consent to the excusal by the parents or persons in parental relation;
g) At the discretion of the parent or the District, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The determination of knowledge or special expertise shall be made by the party (parents or District) who invited the individual to be a member of the committee;
h) Whenever appropriate, the student with a disability. The District must invite a child with a disability to attend the child’s CSE meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals. If the child does not attend the CSE meeting, the District must take other steps to ensure that the child’s preference and interests are considered. To the extent appropriate, with the consent of the parent or a student 18 years or older, the District must also invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services;
i) A school psychologist;
j) A school physician, if requested in writing at least 72 hours prior to the meeting by the parents of the student or the District.
An additional parent is not required to attend the meeting unless specifically requested in writing, at least 72 hours prior to such meeting by the parents or other person in parental relation to the student in question, the student, or a member of the CSE. The parents or persons in parental relation of the student in question shall receive proper written notice of their right to have an additional parent attend any meeting of the committee regarding the student, along with a prepared statement from SED explaining the role of having the additional parent attend the meeting.
Subcommittee on Special Education Membership
The Board shall appoint, as necessary, a Subcommittee on Special Education whose membership shall include, but not be limited to, the following members:
a) The parent(s) of the student;
b) Not less than one regular education teacher of such student (if the student is, or may be, participating in the regular education environment);
c) Not less than one special education teacher, of the student, or where appropriate, not less than one special education provider (i.e., related service provider) of such student;
d) A representative of the District who is qualified to provide or administer or supervise special education and who is knowledgeable about the general education curriculum and about the availability of resources of the District. This individual may also fulfill the requirements of c) or e) of this section. The representative of the District will serve as the chairperson of the Subcommittee;
e) A school psychologist, whenever a new psychological evaluation is reviewed or a change to a program option with a more intensive staff/student ratio, as set forth in Section 200.6(f)(4) of the Regulations of the Commissioner, is considered;
f) A member as described in letters b) through e) of this subheading is not required to attend the subcommittee meeting, in whole or in part, if the parent or person in parental relation to the student with a disability and the District agree, in writing not less than five calendar days prior to the meeting date, that the attendance of the member is not necessary because:
1. The member’s area of the curriculum or related services is not being modified or discussed in the meeting; or
2. The member’s area of the curriculum or related services is being modified or discussed in the meeting but, not less than five calendar days prior to the meeting, the excused member has submitted to the parents or persons in parental relation and the CSE written input into the development of the IEP, particularly with respect to their area of curriculum or related services; or
3. The committee member is unable to attend due to an emergency or unavoidable scheduling conflict and the District submits the written input listed in 2. above to the parents or persons in parental relation within a reasonable time prior to the meeting and prior to obtaining written consent to the excusal by the parents or persons in parental relation;
g) At the discretion of the parent or the Committee, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The determination of knowledge or special expertise shall be made by the party (parents or District) who invited the individual to be a member of the subcommittee;
h) An individual who can interpret the instructional implications of evaluation results, who may be a member described in letters “b” through “g” of this subheading; and
i) Whenever appropriate, the student with a disability.
Training
The training of qualified personnel is essential to the effective implementation of the Regulations of the Commissioner of Education regarding the education of all students with disabilities.
The Director of Special Education shall be responsible to the Superintendent for establishing administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Part 200 of the Commissioner’s regulations as well as members of the Committee on Special Education.
Alternative Means of Meeting
When conducting a meeting of the Committee on Special Education (CSE), the parent and the representative of the District appointed to the CSE may agree to use alternative means of meeting participation, such as videoconferences and conference calls.
Individuals with Disabilities Education Act (IDEA) 20 USC Section 1400 et seq.
34 CFR Part 300 and Section 300.321
Education Law Section 4402
8 NYCRR Sections 200.2(b)(3), 200.3, and 200.4(d)(4)(i)(d)
NOTE: Refer also to Policies #7613 — The Role of the Board in Implementing a Student’s
Individualized Education Program
#7632 — Appointment and Training of Committee on Preschool
Special Education (CPSE) Members
Adopted: 7/1/13
Revised: 8/7/14
7632 APPOINTMENT AND TRAINING OF COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE) MEMBERS
Committee on Preschool Special Education (CPSE) Membership
The Board will appoint a Committee on Preschool Special Education (CPSE) whose membership shall include, but not be limited to, the following members:
a) The parent(s) of the preschool child. To ensure that one or both parents are present at each CPSE meeting, the District and the parent(s) may agree to use alternative means of participation such as video conferences or conference phone calls;
b) Not less than one regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
c) Not less than one special education teacher of the child or, where appropriate, not less than one special education provider (i.e., related service provider) of such child;
d) A representative of the District who is qualified to provide, or supervise the provision of, special education and who is knowledgeable about the general education curriculum and about the availability of preschool special education programs and services and other resources of the District and the municipality (who shall serve as Chairperson of the CPSE);
e) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team selected from the regular education teacher, the special education teacher or provider, the school psychologist, the District representative described above, or a person having knowledge or special expertise regarding the student as determined by the District;
f) At the discretion of the parent or the District, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate. The determination of knowledge or special expertise will be made by the party (parents or District) who invited the individual to be a member of the committee;
g) An additional parent of a child with a disability who resides in the District or a neighboring school district, and whose child is enrolled in a preschool or elementary level education program provided that such parent will not be employed by or under contract with the District; and provided further that such parent will not be a required member unless the parents of the child or a member of the CPSE request, in writing at least 72 hours prior to such meeting, that the additional parent member attend the meeting. The parents or other person in parental relation will receive proper written notice of their right to have an additional parent attend any meeting of the committee regarding the student along with a statement, prepared by NYSED, explaining the role of having the additional parent attend the meeting;
h) For a child’s smooth transition from early intervention programs and services (Infant and Toddler Programs), at the request of the parent or person in parental relation, the appropriate professional designated by the agency that has been charged with the responsibility for the preschool child; and
i) A representative from the municipality of the preschool child’s residence. Attendance of the appointee of the municipality is not required for a quorum.
However, except for the parents or persons in parental relation and the appointee from the municipality ( a) and i) above) a member of the CPSE is not required to attend a meeting of the team in whole or in part if the parent or person in parental relation and the District agree in writing that the attendance is not necessary because the member’s area of the curriculum or related services is not being modified or discussed at that meeting.
Additionally, a member as described in letters b) through h) of this subheading may be excused from attending the CPSE meeting, in whole or in part, if the parent or person in parental relation to the student with a disability and the District agree, in writing to the excusal not less than five calendar days prior to the meeting date, that the attendance of the member is not necessary because:
a) The member’s area of the curriculum or related services is being modified or discussed in the meeting but, not less than five calendar days prior to the meeting, the excused member has submitted to the parents or persons in parental relation and the CSE written input into the development of the IEP, particularly with respect to their area of curriculum or related services; or
b) The committee member is unable to attend due to an emergency or unavoidable scheduling conflict and the District submits the written input listed in a) above to the parents or persons in parental relation within a reasonable time prior to the meeting and prior to obtaining written consent to the excusal by the parents or persons in parental relation.
Training
The training of qualified personnel is essential to the effective implementation of the Regulations of the Commissioner of Education regarding the education of all students with disabilities.
The Director of Special Education will be responsible to the Superintendent for establishing administrative practices and procedures for training all District personnel responsible for carrying out the provisions of Part 200 of the Commissioner’s Regulations as well as members of the Committee on Preschool Special Education.
Alternative Means of Meeting
When conducting a meeting of the Committee on Preschool Special Education (CPSE), the parent and the representative of the District appointed to the CPSE may agree to use alternative means of meeting participation, such as videoconferences and conference calls.
Individuals with Disabilities Education Act (IDEA) 20 USC Section 1400 et seq.
34 CFR Part 300
Education Law Section 4410
8 NYCRR Sections 200.2(b)(3) and 200.3
NOTE: Refer also to Policies #7613 — The Role of the Board in Implementing a Student’s
Individualized Education Program
#7614 — Preschool Special Education Program
#7631 — Appointment and Training of Committee on Special
Education (CSE)/Subcommittee on Special Education
Members
Adopted: 7/1/13
Revised: 1/4/17
7640 STUDENT INDIVIDUALIZED EDUCATION PROGRAM (IEP): DEVELOPMENT AND PROVISION
Development of Individualized Education Program
The Board directs that the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) shall have prepared a written statement (program) for each child with a disability.
Such an Individualized Education Program (IEP) will be developed by the CSE or CPSE upon referral, and reviewed or revised, whichever is appropriate, for every child with a disability at least annually or in the event that the program no longer appears to be appropriate to meet the student’s needs and ability level.
The District shall ensure that each student with a disability has an IEP in effect at the beginning of each school year.
Functional Behavioral Assessments/Behavioral Intervention Plans
A functional behavioral assessment (FBA) is an integral part of the evaluation and reevaluation of a student with a disability which should be used throughout the process of developing, reviewing and revising a student’s IEP when the student’s behavior impedes learning of the child or others. The FBA is the process of determining why a student engages in challenging behavior and how the student’s behavior relates to the environment. An FBA for a student with a disability is an evaluation requiring parental consent, in accordance with Commissioner’s Regulation 200.5(b).
The FBA provides a baseline of the student’s problem behaviors with regard to frequency, duration, intensity and/or latency across activities, settings, people and times of the day and includes:
a) The identification of the problem behavior,
b) The definition of the behavior in concrete terms,
c) The identification of the contextual factors that contribute to the behavior (including cognitive and affective factors), and
d) The formulation of a hypothesis regarding the general conditions under which a behavior usually occurs and probable consequences that serve to maintain it.
The FBA must, as appropriate, be based on multiple sources of data such as structured interviews, behavior ratings scales, standardized assessments and checklists. It must include, but is not limited to:
a) Information obtained from direct observation of the student;
b) Information from the student, the student’s teacher(s) and/or related service providers; and
c) A review of available data and information from the student’s record and other sources including any relevant information provided by the student’s parent.
The FBA cannot be based solely on the student’s history of presenting problem behavior.
The CSE/CPSE will ensure that functional behavioral assessments, when appropriate, are conducted and reviewed to:
a) Identify supplementary aids and services, modifications and/or related services appropriate to address the identified behaviors to promote the student’s involvement and progress in the general curriculum;
b) Determine a student’s eligibility for special education services;
c) Develop the IEP which includes behavioral goals and objectives and positive behavioral supports and strategies.
In the case of a student whose behavior impedes his or her learning or that of others, the CSE/CPSE shall consider strategies, including positive behavioral interventions and supports and other strategies to address that behavior. The need for a behavioral intervention plan (BIP) shall be documented on the IEP and such plan shall be reviewed at least annually by the CSE/CPSE. In addition, regular progress monitoring of the frequency, duration and intensity of the behavioral interventions shall be conducted at scheduled intervals, documented and reported to the parents and CSE/CPSE.
A behavioral intervention plan may not include the use of aversive interventions or time out rooms except in accordance with specific Board policy regulating these techniques.
Individual Evaluations
Parental consent must be provided for an initial evaluation. If such consent is not received within 30 calendar days of receipt of the referral, the CSE/CPSE Chairperson will document all attempts made to obtain the consent and, if appropriate, advise the Board of its right to utilize the due process procedures to conduct an evaluation without parental consent.
Unless a referral is withdrawn, an individual evaluation at no cost to the parent will be completed by the CSE/CPSE within 60 calendar days after written parental consent has been obtained or a parental refusal to consent is overridden, unless:
a) An extension is mutually agreed to by the parent and the CSE/CPSE for the following situations:
1. Transfer students: A student enrolls in the District after 60 days and prior to a determination by the student’s previous school district as to whether the student has a disability, but only if the new school district is making sufficient progress to ensure a prompt completion of the evaluation and the parent and the new district agree in writing to a specific timeframe for completion; or
2. Students suspected of having learning disabilities; or
b) The parent or student repeatedly fails or refuses to produce the student for evaluation.
No student shall be required to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substances Act as a condition of receiving an evaluation.
The individual evaluation will include a variety of assessment tools and strategies, including information provided by the parent. The purpose of the evaluation is to gather relevant functional, developmental and academic information that may assist in determining whether the student is a student with a disability and the content of the student’s IEP. This shall include information relating to enabling the student to participate and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities.)
As part of any evaluation, a group that includes the CSE/CPSE and other qualified professionals, as appropriate, shall review existing evaluation data on the student including evaluations and information provided by the parents of the student, current classroom-based assessments, local or state assessments, classroom-based observations, and observations by teachers and related services providers. In addition, the group will consider information about the student’s physical condition, social or cultural background, and adaptive behavior.
On the basis of that review, and input from the student’s parents, the group shall identify what additional data, if any, are needed to determine:
a) Whether the student has or continues to have a disability;
b) The present levels of academic achievement and related developmental needs of the student, including:
1. Academic achievement, functional performance, and learning characteristics;
2. Social development;
3. Physical development; and
4. Management needs.
c) In the case of a reevaluation of a student, whether the student continues to need special education; and
d) Whether any additions or modifications to the special education services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum.
If additional data are not needed, the District must notify the parents of that determination and the reasons for it and of the right of the parents to request an assessment to determine whether, for purposes of services provided in accordance with law and Commissioner’s regulations, the student continues to be a student with a disability and to determine the student’s educational needs. The District is not required to conduct the assessment unless requested to do so by the student’s parents.
The determination that a student has a learning disability will be made in accordance with the procedures outlined in Section 200.4(j) of Commissioner’s regulations.
Individual Re-evaluations
A CSE/CPSE shall arrange for an appropriate re-evaluation of each student with a disability:
a) If the District determines that the educational or related services needs, including improved academic achievement and functional performance of the student warrant re-evaluation;
b) If the student’s parent or teacher request a re-evaluation;
c) At least once every three years, unless the District and the parent or person in parental relation agree in writing that such re-evaluation is unnecessary.
A re-evaluation shall not be conducted more frequently than once a year unless the parent and the District representative appointed to the CSE/CPSE agree otherwise.
The re-evaluation will be conducted by a multi-disciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of the student’s disability. The re-evaluation shall be sufficient to determine the student’s individual needs, educational progress and achievement, the student’s ability to participate in instructional programs in regular education and the student’s continuing eligibility for special education. The results of any re-evaluations must be addressed by the CSE/CPSE in reviewing, and as appropriate, revising the student’s IEP.
To the extent possible, the District shall encourage the consolidation of re-evaluation meetings for the student and other CSE/CPSE meetings for the student.
Amendments to the IEP
Amendments to the IEP made after the annual review by the CSE/CPSE may be made by reconvening the CSE/CPSE and rewriting the IEP or by developing a written document to amend or modify the student’s current IEP, provided that:
a) The parents or persons in parental relation request an amendment to the IEP and the District and parents or persons in parental relation agree to the amendment in writing; or
b) The District provides the parents or persons in parental relation a written proposal to amend a provision or provisions of the IEP conveyed in language understandable to the parents or persons in parental relation in their native language or other dominant mode of communication, informs and allows the parents or persons in parental relation the opportunity to consult with the appropriate personnel or related service providers concerning the proposed changes, and the parents or persons in parental relation agree in writing to the amendments.
If the parents or persons in parental relation agree to amend the IEP without a meeting, they shall be provided prior written notice (notice of recommendation) of the changes to the IEP and the Committee notified of the changes. If the changes are made by rewriting the entire IEP, the District shall provide the parents or persons in parental relation a copy of the rewritten IEP. If the amendment is made without rewriting the entire document, the District shall provide a copy of the document that amends the IEP or, upon request, a revised copy of the entire IEP with the amendments incorporated.
Use of Recording Equipment at IEP Meetings
The Board shall allow recording equipment to be used at meetings regarding individualized education programs for students with disabilities.
Provision of Individualized Education Program
The Board directs that the Superintendent or designee(s) establish administrative practices and procedures to ensure that each regular education teacher, special education teacher, related service provider and/or other service provider who is responsible for the implementation of a student’s IEP is provided with either a paper copy of the IEP or is able to access a student’s IEP electronically (including amendments to the IEP) prior to the implementation of such program. Such individuals responsible for the implementation of a student’s IEP shall be notified and trained on how to access such IEP electronically. For purposes of this policy, “other service provider” means a representative of another public school district, charter school, Board of Cooperative Educational Services (BOCES) or school enumerated in Education Law Articles 81, 85 or 89 where the student receives or will receive IEP services. Further, the District will designate at least one school official who shall be responsible for maintaining a record of the personnel who have received IEP copies for each student.
Any copy of a student’s IEP shall remain confidential in compliance with the Individuals with Disabilities Education Act, the Family Educational Rights and Privacy Act, and District policy regarding confidentiality of student records; and shall not be disclosed to any other person other than the parent of such student, except in accordance with federal and state laws and/or regulations. Appropriate training and information will be provided to designated school personnel, as applicable, to ensure the confidentiality of such information. Procedures will be established to ensure that copies of students’ IEPs are stored in secure locations and retrieved or destroyed when such professionals are no longer responsible for implementing a student’s IEP.
The Chairperson of the CSE, CSE subcommittee, or CPSE shall designate for each student one or, as appropriate, more than one professional employee of the District with knowledge of the student’s disability and education program who will be responsible to, prior to the implementation of the IEP, inform each regular education teacher, special education teacher, related service provider, other service provider, supplementary school personnel (i.e., a teaching assistant or a teacher aide as defined in Commissioner’s regulations), and other provider and support staff person of his or her responsibility to implement the recommendations on a student’s IEP, including the responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP. In selecting the professional staff person(s), the Chairperson could select him or herself for this responsibility, another administrator, or a teacher, related service provider or other professional based on the particular circumstances of the student’s disability and education program.
The District shall also ensure that each teaching assistant, teacher aide and each other provider responsible for assisting in the implementation of a student’s IEP has the opportunity to review a copy of the student’s IEP (including amendments) prior to the implementation of such program. Further, each teaching assistant, teacher aide and such other provider responsible for assisting in the implementation of a student’s IEP shall have ongoing access to a copy of the IEP, which may be the copy provided to the student’s special education teacher or the teacher or related service provider under whose direction the supplementary school personnel or other provider works. However, the District may, at its discretion, provide a copy of the IEP to teaching assistants and/or teacher aides.
A copy of a student’s IEP shall be provided to the student’s parents at no cost to the student’s parents.
Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 Section 615(k)(l)
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
21 USC Section 812(c)
Education Law Articles 81, 85 and 89 and Sections 207, 3208 and 4402(7)
8 NYCRR Sections 200.1(hh), 200.2(b)(11), 200.4(b)(4), 200.4(d)(3)(i), 200.4(e)(3), 200.4(f), 200.4(j),
200.16(e)(6) and 200.22
Adopted: 7/1/13
Revised: 8/7/14
7641 TRANSITION SERVICES
Beginning not later than the first IEP to be in effect when the student is age 15 (and at a younger age, if determined appropriate), and updated annually, the student’s IEP must include:
a) A statement of the student’s needs taking into account the student’s strengths, preferences and interests as they relate to transition from school to post-school activities;
b) Appropriate measurable postsecondary goals based upon age appropriate transition assessments relating to training, education, employment and, where appropriate, independent living skills;
c) A statement of transition service needs that focuses on the student’s courses of study, such as participation in advanced-placement courses or a vocational educational program;
d) Needed activities to facilitate the student’s movement from school to post-school activities, including instruction, related services, community experiences, the development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation; and
e) A statement of the responsibilities of the District and participating agencies, when applicable, for the provision of such services and activities, before the student leaves the school setting, that promote movement from school to post-school opportunities.
The District must invite a child with a disability to attend the child’s CSE meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals. If the child does not attend the CSE meeting, the District must take other steps to ensure that the child’s preference and interests are considered. To the extent appropriate, with the consent of the parent or a child who has reached the age of majority, the District must also invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
Transition services means a coordinated set of activities for a student with a disability, designed within a results-oriented process that is focused on improving the academic and functional achievement of the student with a disability to facilitate movement from school to post-school activities. Post-school activities include, but are not limited to, post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based on the student’s strengths, preferences and interests and shall include needed activities in the following areas:
a) Instruction;
b) Related services (the term “related services” does not include a medical device that is surgically implanted, the optimization of the device’s functioning (e.g., mapping), maintenance of, or the replacement of such device);
c) Community experiences;
d) The development of employment and other post-school adult living objectives; and
e) When appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
Graduation/Aging Out
The District is not required to conduct a reevaluation of a student before the termination of a student’s eligibility due to graduation with a local high school or Regents diploma or exceeding the age eligibility for a free appropriate public education. However, the District must provide the student with a summary of the student’s academic achievement and functional performance, including recommendations on how to assist the student in meeting his or her post-secondary goals.
Before a student’s graduation from high school with a Skills and Achievement (SA) Commencement Credential or Career Development and Occupational Studies Commencement Credential (CDOS), parents must receive prior written notice indicating that the student continues to be eligible for a free appropriate public education until the end of the school year in which the student turns 21 or until receipt of a regular high school diploma.
Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 Section 614(a)
Individuals with Disabilities Education Act (IDEA), 20 USC Sections 1400 et seq.
34 CFR Sections 300.321, 300.343, 300.347 and 300.348
Education Law Section 4401
8 NYCRR Sections 200.1(qq), 200.1(fff), 2004.(d)(2)(ix), and 200.5(c)(2)(vii)
NOTE: Refer also to Policy #7617 — Declassification of Students with Disabilities
Adopted: 7/1/13
Revised: 1/4/17
7642 EXTENDED SCHOOL YEAR (JULY/AUGUST) SERVICES AND/OR PROGRAMS
The District will provide, directly or by contract, special services and/or programs during July and August (i.e., extended school year) to those students whose disabilities are severe enough to exhibit the need for a structured learning environment of 12 months’ duration in order to prevent substantial regression as determined by the Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE).
The CSE/CPSE must determine whether a student requires extended school year special education services and/or programs in order to prevent substantial regression. Substantial regression would be indicated by a student’s inability to maintain developmental levels due to a loss of skill, set of skill competencies or knowledge during the months of July and August. In accordance with Commissioner’s regulations, students must be considered for 12-month special services and/or programs to prevent substantial regression if they are:
a) Students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention and who are placed in special classes; or,
Preschool students whose management needs are determined to be highly intensive and require a high degree of individualized attention and intervention;
b) Students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment and are placed in special classes; or
Preschool students with severe multiple disabilities, whose programs consist primarily of habilitation and treatment;
c) Students who are recommended for home and/or hospital instruction whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment; or
Preschool students whose special education needs are determined to be highly intensive and require a high degree of individualized attention and intervention or who have severe multiple disabilities and require primarily habilitation and treatment in the home; or
d) Students, including preschool students, whose needs are so severe that they can be met only in a seven-day residential program; or
e) Students who are not in programs as described in subparagraphs (a) through (d) above during the period from September through June and who, because of their disabilities, exhibit the need for a 12-month special service and/or program provided in a structured learning environment of up to 12 months’ duration in order to prevent substantial regression as determined by the CSE; or
Preschool students who are not described in subparagraphs (a) through (d) above whose disabilities are severe enough to exhibit the need for a structured learning environment of 12 months’ duration to prevent substantial regression as determined by the Preschool Committee on Special Education (CPSE).
For students eligible for 12-month service and/or program, the student’s Individualized Education Program (IEP) shall indicate the identity of the provider of services during the months of July and August, and, for preschool students determined by the CPSE to require a structured learning environment of 12 months’ duration to prevent substantial regression, a statement of the reasons for such recommendation.
The IEP will indicate the projected date of the review of the student’s need for such services and shall indicate the recommended placement.
Any District plan to operate a July/August program must be approved by the State Education Department in accordance with applicable laws, regulations, procedures, and/or guidelines.
Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446 Section 614(a)
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
Education Law Section 4408
8 NYCRR Part 110 and Sections 200.1(qq), 200.4(d)(2)(x), 200.5(b)(1)(iii), 200.6(j), and 200.16(i)(3)(v)
Adopted: 7/1/13
Revised: 1/4/17
7643 TRANSFER STUDENTS WITH DISABILITIES
To facilitate the transition of students with disabilities transferring into or out of the District the District shall:
a) As the district of origin take reasonable steps to promptly respond to all requests from the new school district.
b) As the new school district take reasonable steps to promptly obtain the student’s records from the previous school, including the Individualized Education Program (IEP), supporting documents and any other records relating to the provision of special education services.
c) Provide to a student with a disability (as defined in Section 200.1(zz) of Commissioner’s regulations) who transfers school districts within the same school year a free appropriate education including services comparable to those described in the student’s previous IEP.
1. For transfers within New York State, the previously held IEP will be followed in consultation with the parents until the District adopts the previously held IEP or develops, adopts and implements a new IEP consistent with federal and State law and regulation.
2. For transfers from outside New York State, in consultation with the parents the previously held IEP will be followed until the District conducts an evaluation and, if appropriate, develops a new IEP consistent with federal and State law and regulation.
Individuals with Disabilities Education Improvement Act of 2004 [Public Law 108-446 Section 614(a)]
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
8 NYCRR Sections 200.1(zz) and 200.4(e)(8)
NOTE: Refer also to Policy #7240 — Student Records: Access and Challenge
Adopted: 7/1/13
7650 IDENTIFICATION AND REGISTER OF CHILDREN WITH DISABILITIES (CHILD FIND)
The District will locate, identify, and evaluate all students with disabilities who reside within its boundaries, including homeless children, children who are wards of the state, home-schooled children, and children attending private schools or charter schools. Further, it is the policy of the Board to conduct a census in order to locate and identify all children with disabilities within the District under the age of 21, including those children as described above, and to establish a register of those students entitled to attend school or receive preschool services.
The Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) will maintain and annually revise the register of these students and others referred to the committee as possibly having a disability, as appropriate. In addition, census data will be reported by October 1 to the CSE or CPSE as appropriate.
The District understands that its Child Find obligations have been expanded to include notification to every parent or person in parental relation, upon enrollment of their child in the District, of their rights regarding referral and evaluation for the purposes of special education services or programs in accordance with applicable federal and state laws. The notification will contain the name and contact information for the chairperson of the District’s CSE or other individual who is charged with processing referrals to the committee in the District. The District may, in its discretion, provide such notice by directing parents or persons in parental relation to obtain information located on the State Education Department’s website relating to a parent’s guide to special education in New York State for children ages three through 21.
Any student suspected of having a disability should be referred to the applicable CSE or CPSE for evaluation and possible identification as a student with a disability.
Nonpublic School Students with Disabilities Who Are Parentally Placed
If the District boundaries encompass a nonpublic school, the District, as the district of location, must develop and implement methods to identify, locate, and ensure the identification and evaluation of students with disabilities who have been, or are going to be, parentally placed in such nonpublic school.
The child find activities must be similar to those for students with disabilities in public schools and must be completed in a time period comparable to that for other students attending public schools in the District.
As the district of location, the District must also consult with the appropriate representatives of the nonpublic schools and parents of parentally placed nonpublic school students to determine an accurate count of students with disabilities attending such schools and receiving special education services.
These requirements only pertain to students with disabilities parentally placed in elementary and secondary nonpublic schools, not to parental placements of preschool children with disabilities in private day care or preschool programs; or to CSE placements of students with disabilities in approved private schools, Special Act School Districts, state-supported or state-operated schools; or to charter schools.
Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq.
34 CFR Part 300
Education Law §§ 3240-3242, 3602-c(2)(a), 4401-a, 4402, 4404, 4405 and 4410-6
8 NYCRR §§ 200.2(a) and 200.4
NOTE: Refer also to Policies #7130 — Entitlement to Attend – Age and Residency
#7140 — School Census
Adopted: 7/1/13
Revised: 1/4/17
7660 PARENT INVOLVEMENT FOR CHILDREN WITH DISABILITIES
The Board recognizes the rights of the parent or guardian to be fully informed of all information relevant to the identification, or change in identification, evaluation and educational placement of a child with a disability.
All due process procedures for parents or guardians and children in the Commissioner’s regulations shall be observed by the District.
Definition of Parent
Parent means a birth or adoptive parent, a legally appointed guardian generally authorized to act as the child’s parent or authorized to make educational decisions for the child, a person in parental relation to the child as defined in Education Law Section 3212, an individual designated as a person in parental relation in accordance with General Obligations Law Title 15-A including an individual so designated who is acting in the place of a birth or adoptive parent (including a grandparent, stepparent or other relative with whom the child resides), or a surrogate parent who has been appointed in accordance with Section 200.5(n) of Commissioner’s Regulations. The term does not include the State if the student is a ward of the State.
A foster parent may act as a parent unless State law, regulations or contractual obligations with a State or local entity prohibit the foster parent from acting as a parent.
Unless a judicial decree identifies a specific person(s) to act as the parent or make educational decisions for the student, if one or more parties is qualified to act as a parent, the birth or adoptive parent is presumed to be the parent unless they do not have the legal authority to do so.
Surrogate Parents
In the event that no parent or guardian for a child with a disability can be identified; or after reasonable efforts the whereabouts of the parent or guardian cannot be determined; or the student is an unaccompanied homeless youth; or the child with a disability is a ward of the State and does not have a “parent” as defined above; or the rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law; the Board will assign an individual from a list of willing and eligible persons to act as a surrogate for the parents or guardians. This determination will be completed within a reasonable time following the receipt of a referral for an initial evaluation or re-evaluation; alternatively, the surrogate parent may be appointed by a judge overseeing the child’s case.
The person selected as a surrogate will have no interest that conflicts with the interest of the child he or she represents, and will have knowledge and skills that ensure adequate representation of the child.
Prior Written Notice (Notice of Recommendation)
Prior written notice (notice of recommendation) must be given to parents of a student with a disability a reasonable time before the District proposes to, or refuses to, initiate or change the identification, evaluation, educational placement of the student or the provision of a free appropriate public education to the student. Prior written notice must also be provided informing the parents when no additional data is required to determine the student’s educational needs, the reasons for this determination and their right to request an assessment. Prior written notice will also be provided prior to the student’s graduation with a local or Regents diploma, stating that such student will no longer be entitled to receive a Free Appropriate Public Education (FAPE) after graduation. Additionally, prior written notice will be provided upon the student’s receipt of any other exiting credential, including but not limited to a Skills and Achievement Commencement Credential or a Career Development and Occupational Studies Commencement Credential, provided the student has not already earned a local or Regents diploma. Such notice will state that the student continues to be eligible for FAPE until the school year in which the student turns age 21, or until the receipt of a local or Regents high school diploma, whichever is earlier.
If the prior written notice relates to a proposed action that also requires parental consent, the District must give notice at the same time it requests parental consent. The prior written notice will contain all elements required by Commissioner’s regulations.
A parent may elect to receive prior written notice and other required notifications by electronic mail (email) communication if the District makes this option available.
Parent Participation in Meetings
The District must take steps to ensure that one or both of the parents of a child with a disability are present at each Committee on Special Education (CSE)/Committee on Preschool Special Education (CPSE) meeting or are afforded the opportunity to participate in a mutually agreed upon time and place. The District must document its attempts to involve parents, such as:
a) Detailed records of telephone calls made or attempted and the results of these calls;
b) Copies of correspondence sent to the parents and any responses received; and
c) Detailed records of visits made to the parent’s home or place of employment and the results of those visits.
A meeting may be conducted without a parent in attendance if the District is unable to convince the parents that they should attend.
Additionally, the District must take whatever action is necessary to ensure the parent understands the proceedings of this meeting including arranging for an interpreter for parents with deafness or whose native language is other than English.
Parental Consent
In accordance with due process, a parent (as defined in Commissioner’s Regulations Section 200.1(l)) of a special education student or a student suspected of having a disability must provide informed consent before the District can take certain actions. The District will make reasonable efforts to obtain written informed consent and will maintain a detailed record of its attempts and the results of the attempts.
Parents with custodial rights – whether sole or joint – may exercise decision-making authority with respect to the student’s education. Absent a court order or custody agreement to the contrary, a non-custodial parent may not control educational decisions for the student, though he or she may participate in the child’s education.
Consent for Evaluations
The parent or guardian must provide informed consent to the initial evaluation, or reevaluations in accordance with law and/or regulations. If a parent does not provide consent for an initial evaluation, the District may pursue the evaluation by commencing a due process hearing to override the refusal to provide consent.
Parental consent for a reevaluation is not needed if the District can demonstrate that it has taken reasonable measures to obtain consent, but the parents or guardians have failed to respond.
Consent for the Initial Provision of Services
Parental consent is also required for the initial provision of special education services. Consent for an initial evaluation does not constitute consent for the initial provision of services. If a parent does not provide consent for the initial provision of services, the District will not provide the special education program and services to the student and will not use the due process procedures to challenge the parent’s refusal to consent. The District will not be considered to be in violation of the requirements to provide a free appropriate public education (FAPE), will not be required to convene a meeting of the committee on special education or develop an individualized education program (IEP).
Consent to Access Public Benefits or Insurance (e.g., Medicaid)
A District must notify the child’s parent in writing prior to accessing the child’s or parent’s public benefits or insurance for the first time and annually thereafter. The written notification must explain the protections afforded to parents so that parents are fully informed of their rights before the District accesses their or their child’s Medicaid or other public benefits or insurance to pay for services under the IDEA. Furthermore, this notice must be in a language understandable to the general public and in the parent’s native language or the mode of communication used by the parent.
A District must obtain a one-time written consent from the parent, after providing the written notification (as described above), before accessing the child’s or parent’s public benefits or insurance (e.g., Medicaid) for the first time. The consent must state that the parent understands and agrees that the District may access the child’s or parent’s public benefits or insurance to pay for special education or related services. The consent must also specify:
a) The personally identifiable information that may be disclosed (this can include records or information about the services that will be provided to the student);
b) The purpose of the disclosure; and
c) The agency to which the disclosure may be made (Medicaid).
Consent for an Unaccompanied Homeless Youth
Consent may be provided by a surrogate parent. However, until a surrogate parent is appointed, consent may be provided on a temporary basis by an employee of a temporary housing facility operated or approved by a local social services district or a residential facility for runaway and homeless youth.
Consent for a Ward of the State
A ward of the State means a child or youth under the age of 21:
a) Who has been placed or remanded in accordance with Social Services Law or the Family Court Act or freed for adoption in accordance with Social Services Law; or
b) Who is in the custody of the Commissioner of Social Services or the Office of Children and Family Services; or
c) Who is a destitute child under Social Services Law.
In the event that a child is a ward of the State, the District will make reasonable efforts to obtain the informed consent from the parent of the child for an initial evaluation to determine whether the child is a child with a disability.
The District is not required to obtain informed consent if:
a) Despite reasonable efforts to do so, the District cannot discover the whereabouts of the parent of the student, including consulting with the agency responsible for the care of the student; or
b) The rights of the parents of the student have been terminated in accordance with State law; or
c) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with State law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the student
Consent for a Student Who is Home Instructed or Parentally Placed in a Private School at the Parent’s Expense
If a parent of a student who is home instructed or placed in a private school by their parents at their own expense does not provide consent for an initial evaluation or reevaluation, or the parent fails to respond to a request to provide consent, the District may not continue to pursue those evaluations by using the due process procedures and the District is not required to consider the student as eligible for special education services.
Parental Revocation of Consent
Parental revocation of consent for continued provision of special education and related services must be in writing. When the parent revokes such consent, the District still must provide the parent with the usual written notice of its intentions with respect to the child.
If the parent of a student with a disability revokes his or her consent in writing for the continued provision of special education and related services to the student at any time subsequent to the initial provision of special education and related services, the District:
a) May not continue to provide special education and related services to the student, but must provide prior written notice to the parent before ceasing the provisions of special education and related services;
b) May not use due process procedures (i.e., mediation, resolution meeting, and/or impartial due process hearing) in order to obtain agreement or a ruling that the services may be provided to the student without parental consent;
c) Will not be considered to be in violation of the requirement to make a free and appropriate public education (FAPE) available to the student because of the failure to provide the student with further special education and related services following revocation of consent;
d) Is not required to convene a meeting of the Committee on Special Education or develop an IEP for the student for further provision of special education and related services upon receipt of written revocation of consent; and
e) Is not required to amend the student’s education records to remove any references to the student’s receipt of special education programs and services because of the revocation of consent.
Procedural Safeguards Notice
The District will provide the procedural safeguards notice prescribed by the Commissioner of Education to the parents of a student with a disability at least one time per year and also:
a) Upon initial referral or parental request for evaluation;
b) Upon the first filing of a due process complaint notice to request mediation or an impartial due process hearing;
c) Upon request by a parent;
d) Upon a decision to impose a suspension or removal that constitutes a disciplinary change in placement; and
e) Upon first receipt of a State complaint.
Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) Section 614(a)
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
34 CFR Part 300
Education Law Sections 207, 3212, 4005, 4202, 4401 and 4402
8 NYCRR Sections 200.1, 200.4(b)(6), and 200.5
NOTE: Refer also to Policy #7260 — Designation of Person in Parental Relation
Adopted: 7/1/13
Revised: 8/7/14; 1/4/17
7670 DUE PROCESS COMPLAINTS: SELECTION AND BOARD APPOINTMENT OF IMPARTIAL HEARING OFFICERS
Due Process Complaints
The District is committed to making every effort to amicably resolve disputes regarding educational programs for students with disabilities. In the event such disputes cannot otherwise be resolved, either a parent or the District may file a due process complaint challenging the identification, evaluation or educational placement of a student with a disability, or a student suspected of having a disability, or the provision of a free appropriate public education to such student. The complainant may not have an impartial due process hearing until the complainant, or the attorney representing the complainant, files a due process complaint notice that meets the requirements set forth in law for such notice. Any and all due process hearings will be conducted in a manner consistent with the timelines and procedures set forth in law and regulation.
Except as otherwise provided by law, all requests for impartial due process hearings must be submitted within two (2) years of the date the parent or the District knew or should have known about the alleged action forming the basis of the complaint. Upon receipt or filing of the due process complaint notice, the District will provide a procedural safeguards notice to the parents. The District will also inform parents in writing of the availability of mediation and of any free or low-cost legal and other relevant services available in the area.
An impartial due process hearing will be conducted at a time and location reasonable and convenient to the parent and student involved. The hearing will be closed to the public unless the parent requests otherwise.
A student whose education is the subject of a due process complaint will remain in his or her current placement during the pendency of the impartial due process hearing unless both parties agree or as otherwise permitted by law.
All issues relating to a request for and conduct of an impartial due process hearing must be kept confidential by all District staff.
Resolution Process
Prior to the opportunity for an impartial due process hearing, the District will convene a meeting with the parents and the relevant member or members of the committee on special education or committee on preschool special education who have specific knowledge of the facts identified in the complaint. Such meeting will provide the parents with an opportunity to discuss their complaint and the facts that form the basis of the complaint, and an opportunity to resolve the complaint with the District. The District will take steps to ensure that one or both of the parents of the student with a disability are present at the resolution meeting, and will notify parents of the meeting early enough to ensure that they have the opportunity to attend. The resolution meeting will be at a mutually agreed upon time and place, and in a location that is physically accessible to the parents. The District will ensure that all resolution meetings conform to the requirements set forth in the
Regulations of the Commissioner of Education.
The parents and the District may agree, in writing, to waive the resolution process or agree to use the mediation process to resolve the dispute.
Selection and Board Appointment of Impartial Hearing Officers
In the event a due process complaint notice is filed in accordance with the Individuals with Disabilities in Education Act (IDEA), the Board will arrange for an impartial due process hearing to be conducted. In such instances, the Board will immediately-but not later than two (2) business days after receipt of the due process complaint notice or mailing of the due process complaint notice to the parent-initiate the process to select an impartial hearing officer (IHO) through a rotational selection process. To expedite this process, the Board may designate one or more of its members to appoint the IHO on its behalf.
The District will utilize the New York State Education Department’s Impartial Hearing Reporting System (IHRS) to access the alphabetical list of the names of each IHO certified in New York State and available to serve in the District. The appointment of an IHO will be made only from such list and in accordance with the alphabetical rotation selection process and the timelines and procedures established by the Commissioner of Education. The District will record and report to the State Education Department required information relating to the selection of IHOs and the conduct of impartial due process hearings according to the manner and schedule specified by the Department.
The District will be responsible for compensating the IHO for prehearing, hearing and post-hearing activities at the rate agreed upon at the time of the IHO’s appointment. The District will also reimburse the IHO for certain travel and other hearing-related expenses (e.g., duplication and telephone costs) in accordance with an annually determined schedule.
Administrative procedures will be developed governing the implementation of this policy.
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
34 CFR Part 300
Education Law Sections 4005, 4202, 4404(1) and 4410(7)
8 NYCRR Sections 200.2 and 200.5
NOTE: Refer also to Policies #7313 — Suspension of Students
#7660 — Parent Involvement for Children with Disabilities
#7690 — Special Education Mediation
Adopted: 7/1/13
Revised: 1/4/17
7680 INDEPENDENT EDUCATIONAL EVALUATIONS
Parents of children with disabilities have the right under Federal and State regulations to obtain an independent educational evaluation (IEE) at public expense under certain conditions.
A parent is entitled to only one IEE at public expense each time the District conducts an evaluation with which the parent disagrees.
Administrative regulations on independent evaluations will be developed in order to explain the rights of parents and the responsibilities of school districts with regard to independent evaluations, and also to avoid any misunderstandings.
34 CFR Sections 300.12 and 300.502
8 NYCRR Sections 200.1(z) and 200.5(g)
Adopted: 7/1/13
7690 SPECIAL EDUCATION MEDIATION
The District will offer mediation to resolve any disputes involving any matter for which an impartial due process hearing may be brought, including matters arising prior to the filing of a due process complaint notice.
Such mediation shall be conducted by mediators furnished by a Community Dispute Resolution Center who are not employees of any school district or State agency that is involved in the education or care of the student who is the subject of the mediation process. Mediators may not have a personal or professional interest which would conflict with their objectivity in the mediation process and should be knowledgeable in laws and regulations relating to the provision of special education services.
Parents or persons in parental relation to students suspected of or having disabilities will receive written notice of the availability of the mediation program each time they receive notice of their entitlement to the impartial due process hearing procedures in accordance with Federal and State law and regulations. If the parent and District agree, alternative means of meeting participation may be utilized, such as video conferences and conference calls.
Discussions during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceedings.
If resolution to the complaint is reached through mediation, the parent and the representative of the District who has the authority to bind the District will execute a legally binding written agreement specifying the resolution and stating that all discussions occurring during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any Federal or State court. If the written agreement is inconsistent with the student’s current individualized education programs (IEP), the IEP must be immediately amended to reflect the mediation agreement.
The mediation process is voluntary and will not operate to diminish or limit any rights provided for in law, including the right of the parent or person in parental relation to request an impartial due process hearing subsequent to mediation. Parents or persons in parental relation to students suspected of or having disabilities continue to have full access to all rights, including due process procedures, provided for in federal and state laws and regulations. Similarly, mediation shall not be construed to limit a parent or person in parental relation from requesting an impartial due process hearing without having first utilized mediation procedures set forth in Education Law.
Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) Section 614(a)
Individuals with Disabilities Education Act (IDEA), 20 USC Section 1400 et seq.
34 CFR Part 300
Education Law Sections 4005, 4202 and 4404-a
Judiciary Law Section 849a
8 NYCRR Sections 200.1 and 200.5
Adopted: 7/1/13
8000 Instruction
CURRICULUM (GENERAL)
- 1.1 Curriculum Management and Adoption ……………………………………………………….. 8110
- 1.1.1 Curriculum Coordinating Council …………………………………………………….. 8111
- 1.3 Equal Educational Opportunities…………………………………………………………………. 8130
ELEMENTARY AND SECONDARY INSTRUCTION
- 2.1 Safety Conditions and Prevention Instruction ………………….8210
- 2.2 Career and Technical (Occupational) Education ……………………. 8220
- 2.4 Instructional Programs: Driver Education, Gifted and Talented
Education and Physical Education ……………………… 8240 - 2.4.1 Patriotism, Citizenship and Human Rights Education……. 8241
- 2.4.2 Civility, Citizenship and Character Education/Interpersonal Violence
Prevention Education ……………………….. 8242 - 2.4.3 New Course Approval………………….. 8243
- 2.5 Animals in the School (Instructional Purposes)………….. 8250
- 2.6 Title I Parent Involvement Policy ……………….. 8260
- 2.7 Instructional Technology ……………….. 8270
- 2.7.1 Internet Safety/Internet Content Filtering Policy …… 8271
- 2.8 Instruction for English Language Learners……. 8280
INSTRUCTIONAL MATERIALS
- 3.1 Purposes of Instructional Materials ……………… 8310
- 3.2 Selection of Library and Multimedia Materials ……… 8320
- 3.3 Objection to Instructional Materials…………………. 8330
- 3.3.1 Controversial Issues …………………………… 8331
- 3.4 Textbooks/Workbooks/Calculators/Instructional Computer Hardware ………………. 8340
- 3.5 Use of Copyrighted Materials …………………………… 8350
- 3.6 Religious Expression in the Instructional Program………. 8360
INSTRUCTIONAL ARRANGEMENTS
- 4.1 School Calendar and School Day…………………….. 8410
- 4.2 Opening Exercises ……………………………………. 8420
- 4.3 Independent Study……………………………….. 8430
- 4.4 Homework………………………………….. 8440
- 4.5 Home Tutoring (Homebound Instruction) ………. 8450
- 4.6 Field Trips…………………………………………… 8460
- 4.7 Home Instruction (Home Schooling) ………………… 8470
8110 CURRICULUM MANAGEMENT AND ADOPTION
By law, the Board authorizes the general courses of study to be offered in the schools. All course offerings are subject to the approval of the Board prior to their implementation. The Board also has the responsibility for maintaining a minimum program of instruction guaranteed by state laws and of initiating improvements beyond that minimum.
The purpose of this policy is to require that all of the written, taught, and tested curricula are internally consistent. Quality control of a curriculum, if it is to be achieved, requires constant monitoring, evaluation and adjustment to all three elements of curriculum.
The Written Curriculum
QUALITY CONTROL OF CURRICULUM
- The Taught Curriculum
- The Tested Curriculum
- The Written Curriculum
a) The written curriculum documents of the Oppenheim-Ephratah-St. Johnsville Central School District must be a set of specifications, the purpose of which is to enable classroom teachers to effectively plan instruction.
b) The written curriculum documents of the OESJ School District must support horizontal and vertical alignment of instruction.
c) Curriculum documents shall contain and be responsive to the following:
1. A scope and sequence for pre-K through 12, and/or 6 through 12 for specific subjects.
2. Key ideas, performance indicators, benchmarks and essential District curriculum objectives.
3. Essential questions.
4. Essential knowledge and essential skills.
5. Title page, opening comments and authors.
6. Benchmark assessment plan.
7. Suggested classroom activities, standard aligned lesson plans and/or unit structures.
8. Vocabulary with definitions.
9. Instructional materials to include textbook references, trade books, field trips, websites, data bases, current technologies, software, media, alternate formats for special needs students.
10. Integration of other curricula such as: character education, technology and library information literacy and other core curricula.
11. Time frame.
12. Concept maps.
13. Paging within each grade or course with footers to identify document, grade, school district, and date.
d) The written curriculum shall be consistent with Federal mandates where applicable. It shall be in support of those subject areas and skills tested by the state and locally adopted criterion referenced or standardized tests.
e) Prior to Board approval, the curriculum shall be reviewed and refined by all teachers who will be implementing the curriculum. building principals shall be part of this process. A mechanism shall be provided for feedback to be given to the curriculum writing team from teachers and principals charged with the implementation of the written curriculum.
The Taught Curriculum
a) Teachers shall use the approved written curriculum as the basis for the development of daily lesson plans.
b) Teachers shall assess what they teach on a continual basis.
c) The time frames for teaching an objective shall be found in the written curriculum. Teachers may deviate from these suggested time frames, only when necessary, to enrich and remediate as warranted. Any major deviations, however, must occur with the knowledge and consent of the building principal.
d) In the event that individual students require deviations from the time frame, AIS services need to be invoked.
The Tested Curriculum
a) The tested curriculum must be derived from and consistent with the written and taught curriculum.
b) Criterion referenced assessments at each grade level or subject area will be developed from documented benchmarks that are, in turn, aligned with state standards.
Instructional Materials Including Textbooks and Technology
The essential prerequisite for the adoption of instructional material including textbooks shall be their alignment with the written curriculum.
To ensure inter building instructional focus and curriculum consistency, adoption of instructional material including textbooks common to all levels shall occur. Any courses offered in more than one building shall use the same curriculum and shall select from a prescribed set of adopted materials.
Adopted: 7/1/13
Revised: 6/26/14
8111 CURRICULUM COORDINATING COUNCIL
A permanent Curriculum Coordinating Council will be established. The role of the Council will be to:
a) Coordinate the development of curriculum, consistent with Policy #8110 Curriculum Management.
b) Ensure communication of curricular issues between the Curriculum Coordinating Council, administration, faculty, and the District Leadership Team.
c) Analyze student performance data to develop and revise the District’s long range plan for curriculum and staff development.
d) Plan specific professional development activities, including Superintendent’s conference days.
e) Enable ad hoc curriculum committees to research, revise, and write new curriculum documents as outlined in Policy #8110 Curriculum Management.
f) Ensure integration of technology and curriculum.
g) Assist the Superintendent in the development and presentation of the District’s annual school report card to the Board and community.
h) Perform other actions as are deemed necessary on either a temporary or permanent basis; all of which are in support of the Superintendent.
Terms
The term of appointment shall be for three years.
Representation
The Superintendent or designee in consultation with the OESJ Teachers Association and OESJ Administrators will appoint representative staff to serve on the Curriculum Coordinating Council. Representation should include elementary, middle, high school teachers and administrators. To the greatest extent possible, representation should include various disciplines and subject areas, Pre-K through Grade 12. Board representation shall be selected by the President of the Board.
Resignation
A Curriculum Coordinating Council member may resign at any time. A letter of resignation shall be written and submitted by the resigning member to the Curriculum Coordinating Council Chairperson at least one regular meeting prior to the effective date of the resignation. The resigning member’s constituency shall then be notified immediately by the Curriculum Coordinating Council Chairperson. The vacancy shall be filled promptly from the constituency according to the selection procedures.
Adopted: 6/26/14
8130 EQUAL EDUCATIONAL OPPORTUNITIES
The District provides equal opportunity for students and does not discriminate against any student enrolled in (or any candidate for admission to) its programs and activities on the basis of actual or perceived race, color, national origin, sex, disability, or age. Further, the District does not discriminate on the basis of weight, ethnic group, religion, religious practice, sexual orientation, gender, or any other basis prohibited by state or federal non-discrimination laws, and provides equal access to its facilities to the Boy Scouts and other designated youth groups.
Educational Services for Married/Pregnant Students
Public schools may not discriminate against students based on their parental and/or marital status. The opportunity to participate in all of the services, programs, and activities of the school district shall not be restricted or denied because of pregnancy, parenthood, or marriage.
Pregnant students will be encouraged to remain and participate in District programs. The forms of instruction provided to such students may include any or all of the following:
a) Remain in school with provisions for special instruction, scheduling, and counseling as needed;
b) Receive home instruction;
c) Attend BOCES programs.
In this regard, the Superintendent or designee, in consultation with student services staff, the school physician and the student’s personal physician, may make program modifications which are feasible and necessary to accommodate the special needs of such students.
Investigation of Complaints and Grievances
The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination and will promptly take appropriate action to protect individuals from further discrimination. All such complaints will be handled in a manner consistent with the District’s policies, procedures, and/or regulations regarding the investigation of discrimination and harassment complaints, including Policy #3420 — Non-Discrimination and Anti-Harassment in the District and Policy #7551 — Sexual Harassment of Students.
Additional information regarding the District’s discrimination and harassment complaint and grievance procedures, including but not limited to the designation of the Civil Rights Compliance Officer, knowingly making false accusations, and possible corrective actions, can be found in Policy #3420 — Non-Discrimination and Anti-Harassment in the District.
Prohibition of Retaliatory Behavior (Commonly Known as “Whistle-Blower” Protection)
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. 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 has not resumed and that all those involved in the investigation of the discrimination have not suffered retaliation.
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 IX of the Education Amendments of 1972, 20 USC Section 1681 et seq.
20 USC Section 1701, et seq.
45 CFR Section 84.40
Adopted: 7/1/13
Revised: 1/4/17
8210 SAFETY CONDITIONS AND PREVENTION INSTRUCTION
The practice of safety will be considered an integral part of the instructional program through fire prevention, emergency procedures and drills, driver education, and traffic and pedestrian safety. Each principal will be responsible for the supervision of a safety program for his or her school. The safety program may include, but not be limited to, in-service training, plant inspection, fire prevention, accident record keeping, driver and vehicle safety programs, emergency procedures and drills, and traffic safety programs relevant to students, employees and the community. It will be the duty of the Board to provide inspections and supervision of the health and safety aspects of the school facilities.
Acquired Immune Deficiency Syndrome (AIDS) Instruction in Health
Education
The Board will provide a health education program that will include appropriate instruction for all students concerning Acquired Immune Deficiency Syndrome (AIDS). Accurate information concerning the nature of the disease, methods of transmission, and means of prevention will be provided in an age-appropriate manner, and will be consistent with community values and will stress that abstinence is the most appropriate and effective premarital protection against AIDS.
A representative community advisory group consisting of appropriate school personnel, Board members, parents, religious representatives, and other community members will be established in order to make recommendations for curriculum content, implementation, and evaluation of an AIDS instructional program. Appropriate training will be provided for instructional staff.
No student will be required to receive instruction concerning the methods of AIDS prevention if his or her parent or legal guardian files with the principal a written request that the student not participate in this instruction, with an assurance that the student will receive this instruction at home.
AIDS instruction in the elementary grades will be taught by the regular classroom teachers, while this instruction in the middle and high school grades will be a part of the required health education curriculum.
Hands-Only Cardio Pulmonary Resuscitation and Automated External
Defibrillator Instruction
High school students will be provided instruction in hands-only cardiopulmonary resuscitation and the use of an automated external defibrillator. Standards for this instruction will be based on a nationally recognized instructional program that utilizes the most current guidelines for cardiopulmonary resuscitation and emergency cardiovascular care issued by the American Heart Association or a substantially equivalent organization, that are consistent with the requirements of the programs adopted by the American Heart Association or the American Red Cross, and that will incorporate instruction designed to:
a) Recognize the signs of a possible cardiac arrest and to call 911;
b) Provide an opportunity to demonstrate the psychomotor skills necessary to perform hands-only compression cardiopulmonary resuscitation; and
c) Provide awareness in the use of an automated external defibrillator.
The Committee on Special Education or a Multidisciplinary Team, in accordance with Section 504 of the Rehabilitation Act, may determine, on an individual student basis, if a student with a disability should be excused from the requirement for instruction in hands-only CPR and the use of AEDs.
Substance Abuse – Prevention Instruction
The Board recognizes the need to educate students on the hazards of alcohol, tobacco, and drug abuse. An educationally sequential health prevention program, utilizing, as appropriate, community, staff, and student input, will be developed to inform students of:
a) Causes for substance abuse;
b) Physical and psychological damage associated with substance abuse;
c) Avoidance of alcohol, tobacco, and drugs; and
d) Dangers of driving while under the influence of alcohol or drugs.
Environmental Conservation Instruction
The Board supports and encourages the development of a District-wide, articulated curriculum of environmental conservation integrated into other program disciplines.
Fire and Arson Prevention/Injury Prevention/Life Safety Education
The Board directs the administration to provide instruction in fire and arson prevention, injury prevention and life safety education relating to protection against injury or death and property loss or damage as a result of criminally initiated or other preventable fire.
This instruction will include materials to educate children on the dangers of falsely reporting a criminal incident, an impending explosion or fire emergency involving danger to life or property, an impending catastrophe, or a life safety emergency.
The Board directs the administration to provide this instruction for all students for a period of not less than 45 minutes in each month that school is in session.
Student Safety
Instruction in courses in technology education, science, home and career skills, health and safety, physical education, and art will include and emphasize safety and accident prevention.
Safety instruction will precede the use of materials and equipment by students in applicable units of work in the courses listed above, and instructors will teach and enforce all safety procedures relating to the particular courses. These procedures will include wearing protective eye devices during appropriate activities.
Eye Safety
The Board will ensure that eye safety devices are provided for the protection of employees, students, and visitors and will require that these devices be worn in shops or laboratories whenever those individuals are in dangerous proximity to potential eye hazards.
The Superintendent or designee will ensure that these devices are properly repaired, cleaned and stored to prevent the spread of germs or diseases after individuals use them. Each classroom teacher is responsible for the safe and proper use of all instructional materials and equipment by students in his or her classroom.
Emergency Planning
The District will maintain updated plans and operating procedures to be followed in the event of natural or manmade disasters or enemy attack. Students will be provided instruction to respond effectively in emergency situations.
Instruction on Prevention of Child Abduction
All students in grades K through 8 in District schools will receive instruction designed to prevent the abduction of children. This instruction will be provided by or under the direct supervision of regular classroom teachers and the Board will provide appropriate training and curriculum materials for the regular classroom teachers who provide this instruction. However, at the Board’s discretion, this instruction may be provided by any other public or private agency.
The Commissioner of Education will provide technical assistance to assist in developing curricula for these courses of study which must be age appropriate and developed according to the needs and abilities of students at successive grade levels in order to provide awareness skills, information, self-confidence, and support to aid in the prevention of child abduction.
For purposes of developing these courses of study, the Board may establish local advisory councils or utilize the school-based shared decision making and planning committee established under the Commissioner’s regulations to make recommendations concerning the content and implementation of these courses. Alternatively, the District may utilize courses of instruction developed by consortia of school districts, boards of cooperative educational services, other school districts, or any other public or private agency. The advisory council will consist of, but not be limited to, parents, school trustees and Board members, appropriate school personnel, business and community representatives, and law enforcement personnel having experience in the prevention of child abduction.
Instruction on Child Development and Parenting Skills
Instruction regarding child development and parenting skills may be offered by the District. The curriculum will include instruction on the consequences and prevention of shaken baby syndrome, which may include the viewing of a video presentation for students in secondary schools.
Education Law §§ 409, 409-a, 807-a and 906
8 NYCRR Part 136 and § 141.10
AIDS Instruction:
8 NYCRR §§ 135.3(b)(2) and 135.3(c)(2)
Cardiopulmonary Resuscitation and Automated External Defibrillators:
Education Law § 804-d, 8 NYCRR § 100.2(c)(11)
Civil Preparedness:
New York State Office of Disaster Preparedness
Fire and Arson/Injury Prevention/Life Safety:
Education Law § 808
8 NYCRR § 100.2(c)(5)(11)
Prevention of Child Abduction:
Education Law § 803-a
Student Safety:
Education Law § 808
8 NYCRR §§ 107 and 155
Substance Abuse:
Education Law § 804
8 NYCRR § 135.3(a)
Instruction on Child Development and Parenting Skills
Education Law § 804
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#7320 — Alcohol, Tobacco, Drugs and Other Substances
District Code of Conduct
Adopted: 7/1/13
Revised: 1/4/17
8220 CAREER AND TECHNICAL (OCCUPATIONAL) EDUCATION
The Board recognizes the need for career and technical education and reaffirms its policy of strengthening the local high school career and technical education program through utilization of any available federal and state funds for that purpose and of supporting the BOCES program.
Equal Opportunity
The Board prohibits discrimination on the basis of sex, sexual orientation, race, color, creed, religion, national origin, political affiliation, age, marital status, military status, disability or use of a service animal in any career and technical education program or activity of this District.
The career and technical education program and/or activities will be readily accessible to students with disabilities.
Public Notification
Prior to the beginning of each school year or academic semester, the District will issue an appropriate public announcement which advises students, parents, employees and the general public that career and technical education opportunities will be offered without regard to sex, sexual orientation, race, color, creed, religion, national origin, political affiliation, age, marital status, military status, disability or use of a service animal. Included in such announcement will be the name, address, and telephone number of the person designated to coordinate Title IX/Section 504/ADA activities.
Grievance Procedure
Grievance procedures for resolving complaints regarding discrimination will be disseminated to adequately inform students, parents and employees of the existence of these procedures.
Local Advisory Council
In accordance with Education Law, the Board will appoint a Local Advisory Council for Career Education. The Board may, with BOCES approval, utilize the BOCES Advisory Council as its Local Advisory Council.
Civil Rights Law Section 40-c
Education Law Article 93
Executive Law Section 290 et seq.
8 NYCRR Sections 100.2(h) and 141 et seq.
Adopted: 7/1/13
Revised: 1/4/17
8240 INSTRUCTIONAL PROGRAMS: DRIVER EDUCATION, GIFTED AND TALENTED EDUCATION AND PHYSICAL EDUCATION
Driver Education
A driver education course may be offered under the conditions set forth by the New York State Education Department and Commissioner’s regulations.
Education Law Section 806-a
8 NYCRR Section 107.2
Gifted and Talented Students
The Board will provide appropriate educational programs for students identified as being gifted and talented.
Education Law Article 90 and Section 3204(2)(b)
8 NYCRR Section 142
Physical Education Class
All students, except those with medical excuses, shall participate in physical education in accordance with the Commissioner’s regulations, which require that all students attend and participate in physical education as follows:
a) All students in grades K through 3 shall participate in a daily program for a minimum of 120 minutes per week. All students in grades 4 through 6 shall participate in a program three times per week for a minimum of 120 minutes per week. The minimum time devoted to such programs (K through 6) shall be at least 120 minutes in each calendar week, exclusive of any time that may be required for dressing and showering.
b) Pupils in grades 5 through 6 that are in a middle school shall participate in the physical education program a minimum of three periods per calendar week during one semester of each school year and two periods during the other semester, or a comparable time each semester if the school is organized in other patterns.
c) All secondary students (in grades 7 through 12) shall have the opportunity for regular physical education, but not less than three times per week in one semester and two times per week in the other semester. For students in grades 10 through 12 only, a comparable time each semester shall be provided if the school is organized in other patterns or if students have demonstrated acceptable levels of physical fitness, physical skills and knowledge of physical education activities in extra class programs or out-of-school activities approved by the physical education staff and the School Administration.
d) For grades K through 12, a district may provide an equivalent program as approved by the Commissioner of Education.
An excuse from physical education class may be accepted from a licensed physician for medical reasons or a licensed chiropractor for conditions of the spine.
Any student whose condition precludes participation in a regular program shall be provided with adaptive physical education approved by the Commissioner of Education.
Education Law Sections 803 and 3204
8 NYCRR Section 135.4
Adopted: 7/1/13
8241 PATRIOTISM, CITIZENSHIP AND HUMAN RIGHTS EDUCATION
In order to promote a spirit of patriotic and civil service and obligation, as well as to foster in students of the District moral and intellectual qualities which are essential in preparing them to meet the obligations of citizenship, the Board requires students attending District schools, over the age of eight years, to attend instructional courses in patriotism, citizenship, and human rights issues, with particular attention to the study of the inhumanity of genocide, slavery (including the freedom trail and underground railroad), the Holocaust, and the mass starvation in Ireland from 1845 to 1850.
The Board also directs that all students attending District schools in grades 8 through 12 receive instruction in the history, meaning, significance and effect of the United States Constitution, the New York State Constitution, and the Declaration of Independence.
The curricula for such courses must include the subjects specified by the Board of Regents and be for the period of instruction, as mandated by the Regents, which is necessary in these subjects in each of the appropriate grades.
One week during each school year a uniform course of exercises shall be provided to teach students, in an age appropriate manner, the purpose, meaning and importance of the Bill of Rights Articles in the United States and New York State Constitutions. These exercises shall be in addition to the above required courses.
In addition, each District that receives Federal Funds for a fiscal year shall hold an educational program on the United States Constitution on September 17th of each year for the students in the District to commemorate the September 17, 1787 signing of the Constitution, known as Constitution Day and Citizenship Day. However, when September 17 falls on a Saturday, Sunday, or holiday, this day shall be held during the preceding or following week.
The Board directs that the above named subjects, as mandated by law, be addressed in the instructional curricula provided by the District.
Education Law Section 801
Public Law 108-477 Section 111(b)
NOTE: Refer also to Policy #8242 — Civility, Citizenship and Character Education/Interpersonal Violence Prevention Education
Adopted: 7/1/13
8242 CIVILITY, CITIZENSHIP AND CHARACTER EDUCATION/INTERPERSONAL VIOLENCE PREVENTION EDUCATION
Civility, Citizenship and Character Education
The Board recognizes that teaching students respect, civility and understanding toward others, as well as the practice and reinforcement of appropriate behavior and values of our society, is an important function of the School System.
The District wishes to foster an environment where students exhibit behavior that promotes positive educational practices, allows students to grow socially and academically, and encourages healthy dialogue in respectful ways. By presenting teachers and staff as positive role models, the District stresses positive communication and discourages disrespectful treatment. This policy is not intended to deprive and/or restrict any student of his or her right to freedom of expression but, rather, seeks to maintain, to the extent possible and reasonable, a safe, harassment free and educationally conducive environment for our students and staff.
Furthermore, the District shall ensure that the course of instruction in grades K through 12 includes a component on civility, citizenship and character education in accordance with Education Law, with an emphasis on discouraging acts of harassment, bullying and/or discrimination. Character education is the deliberate effort to help students understand, care about, and act upon core ethical values.
Character education shall instruct students on the principles of:
a) Honesty;
b) Tolerance;
c) Personal responsibility;
d) Respect for others;
e) Awareness and sensitivity to discrimination and/or harassment as defined in the Dignity for All Students Act;
f) Civility in relation to people of different races, weights, national origins, ethnic groups, religions, religious practices, physical or mental abilities, sexual orientations, genders or sexes;
g) Observance of laws and rules;
h) Courtesy;
i) Dignity, and other traits which will enhance the quality of students’ experiences in, and contributions to, the community; and
j) Safe and responsible use of the Internet and electronic communications.
As determined by the Board of Regents, and as further enumerated in Commissioner’s regulations, the components of character education shall be incorporated in existing District curricula as applicable.
The District encourages the involvement of staff, students, parents and community members in the implementation and reinforcement of character education in the schools.
Interpersonal Violence Prevention Education
The District will utilize the interpersonal violence prevention education package provided by the State Education Department. These materials will be incorporated as part of the health or other related curricula or programs for students in grades K through 12.
Education Law Sections 801, 801-a, and 804(4)
8 NYCRR Section 100.2(2)(c)(2)
Adopted: 7/1/13
Revised: 8/7/14
8243 NEW COURSE APPROVAL
In order for a new course to be added to the course offerings for the District, the New Course Approval Process must be followed. New courses are defined as follows:
a) A wholly new course that has never been taught in the district;
b) A course that was taught in the district at a prior time that is resurrected and proposed to be added to the current course offerings;
c) A course currently listed in the district course offerings guide but is opened to additional grade levels;
d) A course that is currently listed in the district’s course offerings guide but substantially revised with respect to content and skills;
e) A course that is part of a course progression but is undersubscribed.
Any teacher or administrator can propose a new course. The timeline must be followed with the appropriate required paperwork submitted by each deadline indicated on the timeline. Each course is to be reviewed and endorsed by teachers at the department level, by the building leadership team, and by various groups representing the district prior to being considered by the District Course Approval Committee. The goal is that there is a broad-based review of any new courses at various levels within our system and there are opportunities for input. If there is disapproval at any level, the new course does not move forward. The only exception to this would be when unique circumstances are involved with the particular new course. The new course may be resubmitted the following year. Endorsement or approval is achieved through consensus or majority voting.
The proposer is charged with the responsibility of moving the new course through the various levels of review, meeting the appropriate deadlines, obtaining signatures as needed, meeting with the appropriate department to discuss the new course, attending building leadership team meetings at which the new course will be considered, and present the new course at any district level committee meeting including the Curriculum Coordinating Council meeting in October. To begin the process, the proposer must complete the New Course Proposal Requirements, discuss and submit the new course with the building principal and department chair (if applicable) and turn in all necessary paperwork to the Superintendent by August 15.
Adopted: 3/5/15
8250 ANIMALS IN THE SCHOOL (INSTRUCTIONAL PURPOSES)
Observation and experimentation with living organisms and animals gives students unique perspectives of life processes. Animals and animal materials should be used respectfully and for the purpose of meeting course objectives.
The Board, in recognizing the educational uses of animals in the classroom, requires that permission be obtained from the building principal before animals are brought into the school or classrooms. It is the principal’s responsibility to ensure that there is an appropriate educational purpose if any animal is housed in a classroom. Animals are not to be transported on school buses with the exception of animals certified to assist persons with disabilities.
Study and Care of Live Animals
It shall be the responsibility of the principal or his or her designee to develop a plan of care for those animals housed in school in the event of an emergency school closing or in the event the animals remain in the classroom on days when school is not in session.
Dissection of Animals
Any student expressing a moral or religious objection to the performance or witnessing of the dissection of an animal, either wholly or in part, shall be provided the opportunity to undertake and complete an alternative project approved by the student’s teacher; provided, however, that such objection is substantiated in writing by the student’s parent or legal guardian. An alternate activity clearly related to and of comparable rigor will be assigned in lieu of laboratory dissection. Some examples of alternate activities include the use of computer simulations or research. Students who perform alternative projects shall not be penalized.
Effective July 1, 2011, the District will give reasonable notice to all students enrolled in a course that includes the dissection of an animal and students’ parent(s)/legal guardian(s) about their rights to seek an alternate project to dissection. Such notice shall be made available upon request at the school and distributed to parents and students enrolled in a course that includes dissection at least once at the beginning of the school year.
Instruction in the Humane Treatment of Animals
Students in elementary school must receive instruction in the humane treatment and protection of animals and the importance of the part they play in the economy of nature as well as the necessity of controlling the proliferation of animals that are subsequently abandoned and caused to suffer extreme cruelty. Such instruction shall be for a period of time as specified by the Board of Regents and may be joined with work in literature, reading, language, nature study, or ethnology.
Americans with Disabilities Act, 42 USC Section 12101 et seq.
Education Law Section 809
8 NYCRR Section 100.2(c)(8)
Adopted: 8/7/14
8260 TITLE I PARENT INVOLVEMENT POLICY
The Board recognizes the rights of parents or persons in parental relation to be fully informed of all information relevant to their children, including children who participate in programs and projects funded by Title I. Therefore, the Board encourages the participation of parents of students eligible for Title I services in all aspects of their child’s education, including the development and implementation of district programs.
District-Wide Parent Involvement Policy
In order to facilitate parental participation, the District will:
a) Involve parents in the joint development of the Title I Plan. If the plan is not satisfactory to the parents of children participating in Title I programs, the District will submit any parent comments to the State Education Department along with the District’s plan;
b) Provide the coordination, technical assistance, and support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance;
c) Build the schools’ and parents’ capacity for strong parental involvement through implementing and encouraging participation in appropriate parental involvement activities. Such activities may include: Resource for Parents Guide; surveys; Parent Involvement Evaluation; Open House; Parent-Teacher conferences; Reading and Math nights; newsletters; individualized letters; school messenger service and front school sign;
d) Coordinate and integrate parental involvement strategies under Title I with those of other programs including, but not limited to, the Headstart Program, the Reading First Program, Even Start Program, Parent Resource Centers and other programs;
e) Conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the Title I schools. The evaluation will include identifying barriers to greater participation by parents in activities under the policy and use the findings of the evaluation to design strategies for more effective parental involvement and, to revise, if necessary, the parental involvement policies at the District and school levels. Ways to be used include: surveys; Parent Involvement Evaluation; Open House/Annual Title I Planning Meeting; and Parent-Teacher conferences;
f) Involve parents in the activities of the Title I schools. Specific ways to involve parents may include: Resource for Parents Guide; Open House/Annual Title I Planning Meeting; Parent-Teacher conferences; Reading and Math nights; Superintendent’s Conference Days; assemblies; and class and school activities; and
g) Involve parents of children in Title I programs in decisions regarding how funds reserved for parental involvement activities are spent.
School-Level Parent Involvement Policy
In accordance with Section 6318(c), the Board directs each school receiving Title I funds to ensure that a building level parental involvement plan is developed with the participation of that school’s parents. In addition to the goals stated above, each school building level plan will describe the details to:
a) Convene an annual meeting, at a convenient time, to inform parents of their school’s participation in Title I programs and to explain Title I requirements and the right of the parents to be involved. All parents of children participating in Title I programs will be invited and encouraged to attend the meeting;
b) Offer a flexible number of meetings, such as meetings in the morning or evening; and may provide (with funds provided under this provision of law) transportation, child care, or home visits, as such services relate to parental involvement;
c) Involve parents in an organized, ongoing, and timely way in the planning, review, and improvement of Title I programs, including the planning, review, and improvement of the school parental involvement policy;
d) Provide parents of participating children with timely information about programs, a description and explanation of the curriculum in use in Title I programs, the forms of academic assessment used to measure student progress, the proficiency levels students are expected to meet, and if requested by parents, opportunities for regular meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their children and respond to any such suggestions as soon as practicably possible; and
e) Develop a school-parent compact jointly with parents that outlines how the parents, school staff and students will share the responsibility for improved student academic achievement and detail the means by which the school and parents will build and develop a partnership to help all children achieve the state’s standards.
f) The compact must include:
1. A description of the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served in Title I schools to meet the State’s student academic achievement standards;
2. A description of the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion, television watching, volunteering in their child’s classroom and participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and
3. Address the importance of communication between teachers and parents on an ongoing basis including, but not limited to:
(a) Parent-teacher conferences in elementary schools, at least annually, during which the compact shall be discussed as the compact relates to the individual child’s achievement;
(b) Frequent reports to parents on their children’s progress; and
(c) Reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation of classroom activities. Such ways to address communication include: Open House/Annual Title I Planning Meeting; Parent-Teacher conferences; Reading and Math nights; Superintendent’s Conference Days; assemblies; and class and school activities.
To ensure effective involvement of parents and to support a partnership among the school involved, parents, and the community in order to improve student academic achievement, the District and each school will:
a) Provide assistance to parents of children served by the District or school, in understanding such topics as the State’s academic content standards and State student academic achievement standards, State and local academic assessments, the requirements of this part, and how to monitor a child’s progress and work with educators to improve the achievement of their children. Such ways to provide assistance include: Resource for Parents Guide; surveys; Parent Involvement Evaluation; Open House/Annual Title I Planning Meeting; Parent-Teacher conferences; Reading and Math nights; individual letters; Guidance/administrative conferences;
b) Provide materials and training to help parents to work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement. Such types of materials and training include: Resource for Parents Guide; Parent Involvement Evaluation; Open House/Annual Title I Planning Meeting; Parent-Teacher conferences; Reading and Math nights; Superintendent’s conferences; Guidance/administrative conferences;
c) Educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the value and utility of contribution of parents, and in how to reach out to, communicate with, and work with parents as equal partners, implement and coordinate parent programs, and build ties between parents and the school. Such strategies to educate District personnel and parents include: Faculty meetings; Superintendent’s conferences; on-going professional development; brochures and literature;
d) Coordinate and integrate to the extent feasible and appropriate, parent involvement programs and activities with Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parent as Teachers Program, and public preschool and other programs, and conduct other activities, such as parent resource centers, that encourage and support parents in more fully participating in the education of their children. Such programs and/or activities include: Resource for Parents Guide; surveys; Parent Involvement Evaluation; Open House/Annual Title I Planning Meeting; Parent-Teacher conferences; Superintendent conferences; Reading and Math nights; assemblies; class and school activities; Guidance/administrative conferences; and
e) Ensure that information related to school and parent programs, meetings, and other activities is sent to the parents of participating children in a format and, to the extent practicable, in a language the parents can understand.
In addition to the above activities which are required for the District and each school, the District and each school:
a) May involve parents in the development of training for teachers, principals, and other educators to improve the effectiveness of such training;
b) May provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for such training;
c) May pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and child care costs, to enable parents to participate in school-related meetings and training sessions;
d) May train parents to enhance the involvement of other parents;
e) May arrange school meetings at a variety of times, or conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in order to maximize parental involvement and participation;
f) May adopt and implement model approaches to improving parental involvement;
g) May establish a District-wide parent advisory council to provide advice on all matters related to parental involvement in programs supported under this section;
h) May develop appropriate roles for community-based organizations and businesses in parent involvement activities; and
i) Will provide such other reasonable support for parental involvement activities under this section as parents may request.
In carrying out the parental involvement requirements, the District and schools, to the extent practicable, will provide full opportunities for the participation of parents with limited English proficiency, parents with disabilities, and parents of migratory children, including providing information and school reports in a format and, to the extent practicable, in a language the parents understand.
Procedures for Filing Complaints/Appeals
The District will disseminate free of charge to parents of children in Title I programs, and to appropriate private school officials or representatives, adequate information regarding the District’s written complaint procedures for resolving issues of violation(s) of a Federal statute or regulation that applies to Title I, Part A programs.
20 USC Sections 6318 and 6321
34 CFR Parts 74-86 and 97-99, and 200
Adopted: 7/1/13
Revised: 1/4/17
8270 INSTRUCTIONAL TECHNOLOGY
The Board recognizes its responsibility to further the District’s educational goals through the use of appropriate and high quality technology.
Continuing advances in technology are bringing about changes that have an increasing impact on the way we obtain, process, evaluate and use information. Therefore, the District is committed to:
a) A comprehensive staff development program to ensure appropriate and effective use of technology.
b) The preparation of students to utilize multiple types of technology.
c) The integration of technology within and across all curriculum areas.
d) The equitable distribution and access to technological equipment and materials for all students.
e) The promotion of technology as an alternative to traditional methods of gathering, organizing and synthesizing information.
f) The provision of sufficient funds, within the budgetary constraints of the Board, for the implementation of technology instruction.
The Board directs the Superintendent or designee to assess the technological needs of the District’s instructional program, research and review current materials and make recommendations to the Board.
Adopted: 7/1/13
8271 INTERNET SAFETY/INTERNET CONTENT FILTERING POLICY
In compliance with the Children’s Internet Protection Act (CIPA) and Regulations of the Federal Communications Commission (FCC), the District has adopted and will enforce this Internet safety policy that ensures the use of technology protection measures (i.e., filtering or blocking of access to certain material on the Internet) on all District computers with Internet access. Such technology protection measures apply to Internet access by both adults and minors with regard to visual depictions that are obscene, child pornography, or, with respect to the use of computers by minors, considered harmful to such students. The District will provide for the education of students regarding appropriate online behavior including interacting with other individuals on social networking websites and in chat rooms, and regarding cyberbullying awareness and response. Further, appropriate monitoring of online activities of minors, as determined by the building/program supervisor, will also be enforced to ensure the safety of students when accessing the Internet.
Further, the Board’s decision to utilize technology protection measures and other safety procedures for staff and students when accessing the Internet fosters the educational mission of the schools including the selection of appropriate teaching/instructional materials and activities to enhance the schools’ programs; and to help ensure the safety of personnel and students while online.
However, no filtering technology can guarantee that staff and students will be prevented from accessing all inappropriate locations. Proper safety procedures, as deemed appropriate by the applicable administrator/program supervisor, will be provided to ensure compliance with the CIPA.
In addition to the use of technology protection measures, the monitoring of online activities and access by minors to inappropriate matter on the Internet and World Wide Web may include, but shall not be limited to, the following guidelines:
a) Ensuring the presence of a teacher and/or other appropriate District personnel when students are accessing the Internet including, but not limited to, the supervision of minors when using electronic mail, chat rooms, as well as social networking websites, instant messaging and other forms of direct electronic communications. As determined by the appropriate building administrator, the use of email and chat rooms may be blocked as deemed necessary to ensure the safety of such students;
b) Monitoring logs of access in order to keep track of the websites visited by students as a measure to restrict access to materials harmful to minors;
c) In compliance with this Internet Safety Policy as well as the District’s Acceptable Use Policy, unauthorized access (including so-called “hacking”) and other unlawful activities by minors are prohibited by the District; and student violations of such policies may result in disciplinary action; and
d) Appropriate supervision and notification to minors regarding the prohibition as to unauthorized disclosure, use and dissemination of personal identification information regarding such students.
The determination of what is “inappropriate” for minors shall be determined by the District and/or designated school official(s). It is acknowledged that the determination of such “inappropriate” material may vary depending upon the circumstances of the situation and the age of the students involved in online research.
The terms “minor,” “child pornography,” “harmful to minors,” “obscene,” “technology protection measure,” “sexual act,” and “sexual contact” will be as defined in accordance with CIPA and other applicable laws/regulations as may be appropriate and implemented in accordance with the District’s educational mission.
Under certain specified circumstances, the blocking or filtering technology measure(s) may be disabled for adults engaged in bona fide research or other lawful purposes. The power to disable can only be exercised by an administrator, supervisor, or other person authorized by the District.
The District shall provide certification, in accordance with the requirements of CIPA, to document the District’s adoption and enforcement of its Internet Safety Policy, including the operation and enforcement of technology protection measures (i.e., blocking/filtering of access to certain material on the Internet) for all District computers with Internet access.
Internet Safety Instruction
In accordance with New York State Education Law, the District may provide, to students in grades K through 12, instruction designed to promote the proper and safe use of the internet. The Commissioner shall provide technical assistance to assist in the development of curricula for such course of study which shall be age appropriate and developed according to the needs and abilities of students at successive grade levels in order to provide awareness, skills, information and support to aid in the safe usage of the internet.
Under the Protecting Children in the 21st Century Act, students will also be educated on appropriate interactions with other individuals on social networking websites and in chat rooms, as well as cyberbullying awareness and response.
Access to Inappropriate Content/Material and Use of Personal Technology or Electronic Devices
Despite the existence of District policy, regulations and guidelines, it is virtually impossible to completely prevent access to content or material that may be considered inappropriate for students. Students may have the ability to access such content or material from their home, other locations off school premises and/or with a student’s own personal technology or electronic device on school grounds or at school events.
The District is not responsible for inappropriate content or material accessed via a student’s own personal technology or electronic device or via an unfiltered Internet connection received through a student’s own personal technology or electronic device.
Notification/Authorization
The District’s Acceptable Use Policy and accompanying Regulations will be disseminated to parents and students in order to provide notice of the school’s requirements, expectations, and student’s obligations when accessing the Internet.
The District has provided reasonable public notice and has held at least one public hearing or meeting to address the proposed Internet Content Filtering/Safety Policy prior to Board adoption. Additional public notice and a hearing or meeting is not necessary when amendments are made to the Internet Safety Policy in the future.
The District’s Internet Safety/Internet Content Filtering Policy must be made available to the FCC upon request. Furthermore, appropriate actions will be taken to ensure the ready availability to the public of this policy as well as any other District policies relating to the use of technology.
The Internet Safety/Internet Content Filtering Policy is required to be retained by the school for at least five years after the funding year in which the policy was relied upon to obtain E-rate funding.
47 USC Sections 254(h) and 254(l)
47 CFR Part 54
Education Law Section 814
NOTE: Refer also to Policy #7315 — Student Use of Computerized Information Resources
(Acceptable Use Policy)
District Code of Conduct
Adopted: 7/1/13
Revised: 8/7/14
8280 INSTRUCTION FOR ENGLISH LANGUAGE LEARNERS
The Board recognizes its responsibility to ensure that students of foreign birth or ancestry who are identified as English Language Learners (ELLs) are provided with an appropriate bilingual education or English as a New Language (ENL) program.
The District has developed a comprehensive plan to meet the educational needs of ELLs. The plan will be kept on file in the District and submitted to the Commissioner of Education prior to the start of each school year. The plan includes:
a) The District’s philosophy regarding the education of ELLs;
b) The District’s administrative practices and procedures to screen, identify, and place ELLs in appropriate programs;
c) The District’s plan to provide parents and other persons in parental relation with information about all bilingual education and ENL programs available in the District and notices regarding program placement and the rights of parents or persons in parental relation in a language they best understand;
d) The District’s system to annually measure and track the academic progress and English language proficiency of ELLs and use of data to drive instruction;
e) A description of the District’s curricular and extracurricular services provided to ELLs;
f) The District’s administrative practices to annually evaluate ELLs;
g) The District’s procedure to identify support services for ELLs;
h) The District’s policies and procedures regarding ELLs who are students with disabilities;
i) The District’s procedures to exit ELLs including those students with inconsistent/interrupted formal education;
j) The District’s services to support former ELLs.
Additionally, the District will provide professional development to all teachers, level III teaching assistants, and administrators that specifically addresses the needs of ELLs.
The Superintendent will ensure that all data, including plans, assurances, and reports as required by the Commissioner’s regulations, is submitted to the State Education Department in a timely manner.
Title I of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act
of 2001, §§ 1112(g) and 3302(a)
Education Law § 3204
8 NYCRR § 100.2(g), Parts 117 and 154
Adopted: 7/1/13
Revised: 1/4/17
8310 PURPOSES OF INSTRUCTIONAL MATERIALS
The purpose of instructional materials shall be to implement, enrich, and support the educational program of the school.
Instructional materials should contribute to the development of positive social and intellectual values of the students.
The Board shall provide the faculty and students in the District with such instructional materials as are educationally needed and financially feasible to make the instructional program meaningful to students of all levels of ability. In addition, the Board will ensure that all instructional materials will be made available in a usable alternative format for each student with a disability at the same time as such instructional materials are available to non-disabled students. The alternative format must meet the National Instructional Materials Accessibility Standard (NIMAS) defined in federal law.
20 USC Section 1474(e)(3)(B)
Education Law Section 701 et seq.
8 NYCRR Parts 155 and 200.2
Adopted: 7/1/13
8320 SELECTION OF LIBRARY AND MULTIMEDIA MATERIALS
A school library/library media center shall be established and maintained in each school district. The library in each elementary and secondary school shall meet the needs of the pupils, and shall provide an adequate complement to the instructional program in the various areas of the curriculum. Each school district shall also employ a certified school Library Media Specialist, unless equivalent service is provided by an alternative arrangement approved by the Commissioner.
The Board agrees that the responsibility of the school library is:
a) To provide materials that will enrich and support the curriculum, taking into consideration the varied interests, abilities and maturity levels of the students served.
b) To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values and ethical standards.
c) To provide a background of information that will enable students to make intelligent judgments in their daily lives.
d) To provide materials on opposing sides of controversial issues so that young citizens may develop, under guidance, the practice of critical reading and thinking.
e) To provide materials representative of the many religious, ethnic, and cultural groups and their contribution to our American heritage.
f) To place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library.
In interpreting these principles, the following will apply:
a) Broad and varied collections will be developed systematically by the Library Media Specialist, based on recommendations of the professional staff and suggestions of students and parents. Final approval will be made by the building principal.
b) Qualitative standards of selection involving factual accuracy, authoritativeness, artistic quality and appeal will be applied by Library Media Specialists before purchases are made.
c) Materials will not be excluded because of the race, nationality, political opinions or religious views of the author.
d) Materials will be continuously re-evaluated in relation to changing curriculum and instructional needs. Worn out, outdated materials will be discarded.
Education Law Section 207
8 NYCRR Sections 21.4, 91.1, 91.2
Adopted: 7/1/13
8330 OBJECTION TO INSTRUCTIONAL MATERIALS
Any criticism of instructional materials that are in the schools should be submitted in writing to the Superintendent. The Board will be informed. A committee, including the librarian and building principal, will be designated by the Superintendent to investigate and judge the challenged material according to the principles and qualitative standards stated in Policy #8320 — Selection of Library and Multimedia Materials.
Study of Specific Materials/Conflict with Religious Beliefs
In accordance with applicable law and regulation, a student may be excused from the study of specific materials relating to health and hygiene if these materials are in conflict with the religion of his or her parents or guardians. Alternatives may be provided that are of comparable instructional value.
Education Law Section 3204(5)
8 NYCRR Section 135.3
NOTE: Refer also to Policies #8320 — Selection of Library and Multimedia Materials
#8360 — Religious Expression in the Instructional Program
Adopted: 7/1/13
8331 CONTROVERSIAL ISSUES
Controversial issues may be studied as part of the curriculum and teachers shall present these issues in their classrooms in an impartial and objective manner.
Teachers wishing to call upon outside speakers in the presentation of controversial issues are required to obtain the approval of the principal who shall keep in mind the obligation for presenting opposing views as well, and who shall inform the Superintendent prior to the presentation.
It is recognized that parents and citizens of the community have a right to protest to the school administration when convinced that unfair and biased presentations are being made by the teacher. In considering such protests, the Superintendent shall provide for a hearing so that both parties may fairly express their views. If requested, the Superintendent’s decision may be appealed to the Board.
Adopted: 7/1/13
8340 TEXTBOOKS/WORKBOOKS/CALCULATORS/INSTRUCTIONAL COMPUTER HARDWARE
Textbooks
The term “textbook” shall refer to a book supplied to a student for a fixed period of time for his or her personal use and basic to the study of a subject. The Board shall make provision for funds to be budgeted for the purchase of textbooks and related instructional materials.
Upon the recommendation of the Superintendent, the Board shall designate the textbooks to be used. Textbooks, once designated, cannot be superseded within a period of five years except by a three-fourths (3/4) vote of the Board.
Each school district has the option of participating in the National Instructional Materials Access Center (NIMAC). Whether a district does or does not participate in NIMAC, the district will be responsible to ensure that each student who requires instructional materials in an alternate format will receive it in a timely manner and in a format that meets NIMAS standards (8 NYCRR Section 200.2(b)(10)). The SED recommends that school districts choose to participate in NIMAC, because this national effort to centralize the distribution of instructional materials in alternate formats will help guarantee timely provision of such materials to students.
For school districts, Boards of Cooperative Educational Services (BOCES), State-operated schools, State-supported schools and approved private schools that choose to participate in NIMAC, contracts with publishers executed on and after December 3, 2006 for textbooks and other printed core materials must include a provision that requires the publisher to produce NIMAS files and send them to the NIMAC (this will not add any cost to the contract).
For more information regarding NIMAC including model contract language, Steps for Coordinating with NIMAC and an IDEA Part B Assurances Application please see:
http://www.vesid.nysed.gov/specialed/publications/persprep/NIMAS.pdf.
Students will be required to pay for lost books or for excessive damage to books.
Textbooks for Resident Students Attending Private Schools
Resident students attending private schools will be supplied non-sectarian textbooks in accordance with the requirements of Education Law.
Workbooks
The term “workbook” shall refer to the type of book that provides spaces to write in and is consumed each year. It is usually paper-covered and designed to be used in connection with a textbook. The Board shall approve the expenditure of funds for the purchase of workbooks and manuals.
Calculators
The District can require students to provide their own “supplies” (defined as something which is consumed in use, loses its appearance and shape in use, expendable, and inexpensive). Examples include pencils, pens, paper, etc. Calculators do not fall into this category and must be considered like classroom teaching materials for which the District is authorized to levy a tax. In addition, the District may purchase, and must still provide, calculators even if operating under a contingent budget if the calculators are required for participation in an educational program.
The New York State Education Department requires the use of calculators for intermediate and high school level mathematics and science assessments. To the extent that calculators are a necessary part of the educational program, the District must provide them. Under no circumstances should students be charged for a calculator or otherwise required to purchase one in order to participate in an educational program of the District.
(see Website: https://www.p12.nysed.gov/mgtserv/free_appropriate/calculators.html)
Instructional Computer Hardware
Loan to Students Attending Nonpublic Schools in the District
The District shall loan, upon request of an individual or a group of individual students, to all students legally attending nonpublic elementary or secondary schools located in the District, instructional computer hardware which is designated for use in any public elementary or secondary schools of the State or is approved by any school authorities as such term is defined in Education Law Section 2(12).
Such instructional computer hardware is to be loaned free to such children, subject to such rules and regulations as are or may be prescribed by the Board of Regents and school authorities and shall be required for use as a learning aid in a particular class or program. Instructional computer hardware containing computer software programs which are religious in nature or content shall not be purchased or loaned by the District.
The District shall not be required to loan instructional computer hardware to nonpublic school students in excess of that acquired in accordance with Education Law Section 753 and shall be loaned on an equitable basis to children attending nonpublic schools in the District and to students with disabilities residing in the District who attend programs under the provisions of Education Law Sections 4401(2)(c),(2)(e),(2)(g),(2)(i), and (2)(l). However, the District shall not be required to loan instructional computer hardware purchased with local or federal funds or with State funds, other than Instructional Computer Hardware Aid funds.
School authorities shall specify a date by which written requests for the purchase and loan of instructional computer hardware must be received by the District. Such date shall not be earlier than the first day of June of the school year prior to that for which such instructional computer hardware is being requested. For a child not attending a nonpublic school prior to June first, the parent or guardian may submit a written request for instructional computer hardware within 30 days after such child is enrolled in the nonpublic school. In no event, however, shall a request made later than the times otherwise provided in accordance with Education Law Section 754 be denied where a reasonable explanation is given for the delay in making the request. All nonpublic schools in the District shall be notified of the specified date.
The form of request used by a lending District may provide for a guarantee by a parent or guardian for the return of such hardware or, in the case of loss or damage, for payment of the value thereof.
20 USC Section 1474(e)(3)(B)
Education Law Sections 2(12), 701 et seq., 753, 754, 3602(6), 3602(26), 4401(2)(c), 4401(2)(e), 4401(2)(g),
4401(2)(i) and 4401(2)(l)
8 NYCRR Sections 21.3, 100.12, 155.1(a)(4) and 175.25
Adopted: 7/1/13
8350 USE OF COPYRIGHTED MATERIALS
It is the intent of the Board to abide by the provisions of the United States Copyright Law (Title 17 United States Code Section 101 et seq.).
All employees and students are prohibited from copying materials not specifically allowed by the copyright law, fair use guidelines, licenses or contractual agreements, or the permission of the copyright proprietor.
Any person who willfully disregards the copyright policy shall be in violation of Federal Copyright Laws and District policy and shall assume all liability.
A copyright officer may be appointed by the Superintendent to provide information for all personnel regarding current copyright law and to maintain copyright records. The copyright officer will also serve as the designated agent registered with the U.S. Copyright Office to expeditiously respond to any notices of claimed copyright infringement.
Regulations and procedures shall be developed by the administration detailing what can and cannot be copied. Appropriate copyright notices will be placed on or near all equipment used for duplication.
Digital Millennium Copyright Act (DMCA), 17 USC Sections 101 et seq., 512 and
1201 et seq.
34 CFR Part 201
Adopted: 7/1/13
8360 RELIGIOUS EXPRESSION IN THE INSTRUCTIONAL PROGRAM
The Board acknowledges the importance of religion to the understanding of society and the richness of the human experience. In approaching the teaching about religion in the school, the District will be guided by three concepts when making decisions about the appropriateness of activities for inclusion in the school program: the activity should have a secular purpose; the activity should neither advance nor inhibit religion; and the activity must not foster an excessive entanglement of “government” with religion.
Nurturing the development of knowledge and respect for the rights of all cultural and religious groups is a continuing goal of the District. Students, faculty and administration are reminded of the pluralism of religious beliefs and are urged to be conscious of and respect the sensitivity of others.
Opportunities to learn about cultural and religious traditions should be provided within the framework of the curriculum. Information about religious and cultural holidays and traditions focusing on how and when they are celebrated, their origins and histories should be part of this instruction. This educational opportunity should be handled with great care, sensitivity and respect for the feelings and beliefs of individuals.
An environment should be created and encouraged where students of various ethnic backgrounds feel comfortable in sharing comments about their religious and cultural traditions. No student should be singled out to share or participate in such discussions solely on the basis of that student’s identification with the cultural/religious heritage being addressed. A student’s preference not to share or participate in such discussions should be honored and respected without penalty.
School Activities Related to Religious Holidays or Themes
School activities related to the teaching about religious holidays or themes must be consistent with, representative of, and congruent with the District’s curriculum.
In planning school activities related to the teaching about religious holidays or themes, special effort must be made to ensure that the activity is not devotional and that students of all faiths can join without feeling they are betraying their own beliefs.
In planning school activities related to the teaching about religious holidays or themes, age appropriate activities are encouraged within the framework of the curriculum. Teaching about religious and cultural holidays may include such special activities as parties and special foods, if they reinforce educational goals.
Symbols in the Schools
The purpose of using religious symbols should be to teach about religious concepts and traditions, and to convey historical or cultural content, not to promote or celebrate religious concepts, events or holidays.
Music in the Schools
The purpose of using religious music should be to teach musical concepts, to convey historical and cultural content, or to create aesthetic experiences in a setting which emphasizes artistic expression and educational value, not to promote or to celebrate a religious faith.
Curriculum Areas in Conflict with Religious Beliefs
Students shall be given the option to be excused from participating in those parts of an activity, program, or area of instruction involving a religious theme which conflicts with their own religious beliefs or that of their parents or guardians in accordance with applicable law and regulations. Alternatives may be provided that are of comparable instructional value.
Implementation
Administrative regulations will be developed to implement the terms of this policy. Further, the District shall vigorously publicize and disseminate this policy and accompanying regulations in order to ensure community, faculty, student, and parental/guardian awareness.
United States Constitution, First Amendment
Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001, Section 9524
Equal Access Act, 20 USC Sections 4071-4074
Education Law Sections 1609(9), 1609(10), 1709(1), 1709(3), 3204(5) and 3210
8 NYCRR Sections 16.2 and 109.2
NOTE: Refer also to Policies #7460 — Constitutionally Protected Prayer in the Public Schools
#8330 — Objection to Instructional Materials
Adopted: 7/1/13
8410 SCHOOL CALENDAR AND SCHOOL DAY
School Calendar
The Superintendent shall be responsible for the preparation of a school calendar to be presented to the Board for adoption.
School Day
The school day shall be set by the Superintendent with approval of the Board.
Education Law Sections 3204(4) and 3604(7)(8)
8 NYCRR Section 175.5
Adopted: 7/1/13
8420 OPENING EXERCISES
The Board directs the administration to include the Pledge of Allegiance as part of the opening exercises in all the schools. Under certain circumstances, such as religious conviction, individuals may be excused from this requirement as a protection of their Constitutional rights.
Education Law Section 802
8 NYCRR Section 108.5
Adopted: 7/1/13
8430 INDEPENDENT STUDY
Independent study, for credit, will be available to meet the individual needs of students in grades 9 through 12. The principal, after consultation with relevant faculty, shall award credit to the student based on successful completion of the independent study and demonstrated mastery of the learning outcomes of the subject.
Students enrolled in the District, may earn a maximum of three units of elective credit towards a Regents diploma through independent study. The student’s participation in independent study shall be approved by a school-based panel consisting of, at a minimum, the principal, a teacher in the subject area for which independent credit is sought, and a guidance director or administrator.
Credit for independent study may be awarded for elective courses only and shall not be awarded for courses required for the Regents diploma as specified in Commissioner’s regulations.
8 NYCRR Section 100.5(9)
Adopted: 7/1/13
Revised: 8/7/14
8440 HOMEWORK
The Board acknowledges the educational value of homework as an adjunct to and extension of the instructional program of the schools. For the purposes of this policy, “homework” shall refer to those assignments to be prepared by the student outside of the school or independently while in attendance at school.
Adopted: 7/1/13
8450 HOME TUTORING (HOMEBOUND INSTRUCTION)
Resident children attending public or nonpublic schools who are unable to attend school because of physical, mental or emotional illness or injury as substantiated by a licensed physician are eligible to be instructed at home or in a hospital by a tutor provided by the District. These students will be provided with such instruction in accordance with New York State Education Law and Commissioner’s regulations.
Procedures for students requiring home tutoring shall be developed under the direction of the Superintendent or designee.
Education Law Sections 1604(20), 1709(24), 3202 and 4401
8 NYCRR Section 175.21
Adopted: 7/1/13
8460 FIELD TRIPS
The Board recognizes that field trips are an educationally sound and important ingredient in the instructional program of the schools.
For purposes of this policy, a field trip shall be defined as any journey by a group of students away from the school premises, under the supervision of a teacher, which is an integral part of an approved course of study and conducted for the purpose of affording a first-hand educational experience not available in the classroom.
Field trips are a part of the curriculum of the schools, and student conduct and attendance on field trips are governed by the same rules that govern regular classroom activities. The School System shall obtain written parental/guardian permission for students going on school-sponsored field trips.
The Superintendent shall prepare procedures for the operation of a field trip activity. Field trip support shall be determined annually by the Board during its budget deliberations. Regardless of the fiscal support for field trips, the rules of the District for approval and conduct of such trips shall apply.
The Superintendent or designee may cancel previously approved field trips due to extenuating circumstances.
NOTE: Refer also to Policies #3410 — Code of Conduct on School Property
#5720 — Transportation of Students
District Code of Conduct on School Property
Adopted: 7/1/13
8470 HOME INSTRUCTION (HOME SCHOOLING)
The District will attempt to cooperate with parents who wish to provide home instruction for their children. The child who is educated at home should receive an education in a manner consistent with an educational plan and at least substantially equivalent to that given to students of like age and attainments in the local public schools. The required subjects should be taught in a competent, systematic, and sequential manner, specifically in relation to the required courses as enumerated in Commissioner’s Regulation Section 100.10.
Primary responsibility for determining compliance with Commissioner’s regulations addressing home instruction rests with the Superintendent of the school district in which a home-instructed student resides.
Provision of Services to Home-Instructed Students
They are not awarded a high school diploma. A high school diploma may only be awarded to a student enrolled in a registered secondary school who has completed all program requirements set by the Board of Regents, the school or the District.
a) Extracurricular Participation
Students instructed at home are not eligible to participate in interscholastic sports. Commissioner’s regulations mandate that only students enrolled in the public school are allowed to participate in interscholastic sports. However, the District may permit home-instructed students to participate in intramural and other school-sponsored extracurricular activities.
b) Textbooks and Materials
The District is not required to loan available textbooks and other materials (e.g., library materials, microscopes, computer software, movie projectors) to home-instructed students. However, the District shall provide home-instructed students with such textbooks and materials.
c) Health Services
The School District is not required to furnish health services.
d) Remedial Programs
The District is not responsible for providing remedial programs.
e) Career and Technical/Gifted Education
The District is not authorized to provide Occupational and Vocational Education programs (career and technical education) nor programs for the Gifted to home-instructed students.
f) Special Education Services
Solely for the purpose of Education Law Section 3602-c, home-instructed students with disabilities are deemed to be students enrolled in and attending a nonpublic school, which enables them to receive special education services, as well as to be included for computation of state aid for such education by the District.
The Committee on Special Education (CSE) will develop an Individualized Education Services Program (IESP) for the student. The IESP shall be developed in the same manner and with the same content as an IEP. The Board will determine a location where special education services are to be provided to a home-instructed student. This location may, but is not required to be, in the student’s home.
g) Use of School Facilities
Students instructed at home shall be allowed to use school facilities provided that there is a mutual agreement on the part of all involved parties.
Education Law Sections 3204, 3205, 3210(2), 3212(2), 3240-42, 3602-c, 3602-c(2-c), and 4402
8 NYCRR Sections 100.10, 135.4(c)(7)(ii)(b)(2) and 200.2(a)
Adopted: 7/1/13