Board Policies

0000 - Goals and Objectives

0100 - Nondiscrimination and Equal Opportunity

Adoption Date: 10/9/2003, Revised: 6/10/2010; 05/10/2012, 05/08/2014, 03/09/2017 
0000 - Goals and Objectives

0100 Nondiscrimination and Equal Opportunity

The Board of Education, its officers and employees, shall not discriminate in its programs and activities on the basis of legally protected classes, such as, but not limited to: race, color, national origin, creed, religion, marital status, sex (including pregnancy, childbirth, or related medical condition), age, sexual orientation, disability (physical or mental), predisposing genetic characteristic, military work or status, domestic violence victim status, or use of a guide dog, hearing dog, or service dog, as applicable. The District will provide notice of this policy in accordance with federal and state law and regulation.

This policy of nondiscrimination includes access by students to educational programs, counseling services for students, course offerings, and student activities, as well as recruitment and appointment of employees and employment pay, benefits, advancement and/or terminations.

Additionally, to promote the District Website’s accessibility to staff, students, and members of the community with disabilities, the District will maintain a website that is accessible (or contains accessible alternatives) on perceivability, operability and understandability principles. The District’s Director of Computer Services is responsible for considering the following when developing or updating the District website:

  • Adding the text equivalent to every image;
  • Posting documents in text-based format such as HTML or RTF in addition to PDFs;
  • Avoiding dictating colors and font settings;
  • Including audio descriptions and captions to videos;
  • Identifying other barriers to access; and
  • Making other considerations when developing the District’s website.

The Board of Education, its officers and employees shall not discriminate against students on the basis of actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression).

A finding that an individual has engaged in conduct in violation of this policy may result in disciplinary action and/or filing of a report with third parties in the manner prescribed by the District code of conduct, the law or applicable contract.

Nothing in this policy shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction or activity based on a person’s gender that would be permissible under the law, or to prohibit, as discrimination based on disability, actions that would be permissible under the law.

Annual Notification

At the beginning of each school year, the District shall publish a notice of established grievance procedures for resolving complaints of discrimination to parents/guardians, employees, students and the community. The public notice shall:

  1. inform parents, employees, students and the community that education programs, including but not limited to vocational programs, are offered without regard to actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sex, sexual orientation, or gender (including gender identity and expression);
  2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination; and
  3. be included in announcements, bulletins, catalogues, and applications made available by the District.

The Associate Superintendent has been designated to handle inquiries regarding the District’s nondiscrimination policies. Contact information for the Associate Superintendent is available on the District’s website. Complaints of sexual harassment or discrimination are covered in policy 0110.

All complainants and those who participate in the investigation of a complaint in conformity with state law and District policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

The Board authorizes the Superintendent of Schools to establish such rules, regulations and procedures necessary to implement and maintain this policy.

Policy References:
Age Discrimination in Employment Act of 1967 29 U.S.C. §621 et seq.
Americans with Disabilities Act, 42 U.S.C. §12101 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. 
Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. 
Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq. 
§504, Rehabilitation Act of 1973, 29 U.S.C. §794
Individuals with Disabilities Education Law, 20 U.S.C §§1400 et seq.
Genetic Information Nondiscrimination Act of 2008 P.L. 110-233
34 C.F.R. §§ 100.6, 104.8, 106.9, 110.25
Executive Law §290 et seq. 
Education Law §§10-18 
Education Law §§313(3), 3201, 3201-a
ADA Best Practices Took Lit for State and Local Governments, Website Accessibility Under Title II of the ADA

Policy Cross References:
 » 0110 - Sexual Harassment
 » 5030 - Student Complaints
 » 5300 - Code of Conduct
 » 9140.1 - Staff Complaints and Grievances

0110 - Sexual Harassment

Adoption Date: 7/8/1993, Revised: 9/13/2012; 05/08/2014, 10/11/2018 
0000 - Goals and Objectives

0110 Sexual Harassment

The Board of Education recognizes that harassment of students, employees (including all staff, applicants for employment, both paid and unpaid interns, exempt and non-exempt status, part-time, seasonal, and temporary workers, regardless of immigration status) and certain “non-employees” (which includes contractors, sub-contractors, vendors, consultants and other persons providing services pursuant to a contract, or their employees) on the basis of sex, gender and/or sexual orientation is abusive and illegal behavior that harms, targets, and negatively impacts the school culture by creating an environment of fear, distrust, intimidation and intolerance. The Board further recognizes that preventing and remedying such harassment in schools is essential to ensure a healthy, nondiscriminatory environment in which students can learn and employees and “non-employees” can work productively.

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 actual or perceived or self-identified sex, sexual orientation, gender identity, gender expression, and transgender status. Sexual harassment of a student can deny or limit the student’s ability to participate in or to receive benefits, services, or opportunities from the school’s programs.

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:

a.     submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment or a student’s education;

b.     submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment or a student’s education; or

c.     the conduct has the purpose or effect of unreasonably interfering with an employee’s or “non-employees” work or student’s school performance or creating an intimidating, hostile or offensive work or educational environment, even if the complaining individual is not the intended target of the sexual harassment.

Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, or verbal, nonverbal or physical aggression, intimidation or hostility that is based on actual or perceived gender and sexual stereotypes.

The Board is committed to providing an educational and working environment that promotes respect, dignity and equality and that is free from all forms of sexual harassment. To this end the Board condemns and strictly prohibits all forms of sexual harassment on school grounds, school buses and at all school-sponsored activities, programs and events including those that take place at locations outside the District or outside the school setting if the harassment impacts the individual’s education or employment in a way that violates their legal rights, including when employees and “non-employees” travel on District business, or when harassment is done by electronic means (including on social media). For employees, sexual harassment is considered a form of employee misconduct. Sanctions will be enforced against all those who engage in sexual harassment, and against supervisory and managerial personnel who knowingly allow such behavior to continue or engage in retaliation.

Sexual harassment may subject the District to liability for harm done to targets. Harassers may also be individually subject to civil liability if sued in a court of law or criminal liability if prosecuted.

Under various state and federal laws, students, employees and “non-employees” have legal protections against sexual harassment in the school environment as described above. Those laws are listed in the references section. Additionally, local laws (e.g., county, city, town, village) may apply to the District. The District’s Code of Conduct also addresses appropriate behavior in the school environment. Sexual harassment can occur between persons of all ages and genders.

In order for the Board to effectively enforce this policy and to take prompt corrective measures, it is essential that all targets of sexual harassment and persons with knowledge of sexual harassment report the harassment immediately. The District will promptly investigate all complaints of sexual harassment, either formal or informal, verbal or written. To the extent possible, all complaints will be treated in a confidential manner. Limited disclosure may be necessary to complete a thorough investigation. If the complainant reports that he/she feels unsafe at school due to the nature of the complaint, the District will determine if accommodations need to be made until the issue is resolved.

If, after appropriate investigation, the District finds that a student, an employee, a “non-employee” or a third party has violated this policy, prompt corrective action will be taken in accordance with the applicable collective bargaining agreement, contract, District policy and state law. Individual nondisclosure agreements may only be used as permitted by law, described in the accompanying regulation. Mandatory arbitration clauses are prohibited in all District contracts and agreements.

All complainants and those who participate in sexual harassment complaints or the investigation of a complaint of sexual harassment have the right to be free from retaliation of any kind, when they do so in good faith belief that sexual harassment has occurred. Such prohibited retaliation can include, but is not limited to, discipline, discrimination, demotion, denial or privileges, or any action that would keep a person from coming forward to make or support a sexual harassment claim. Such actions need not be job or education related, or occur in the workplace or educational environment, to constitute unlawful retaliation.  

The Superintendent of Schools is directed to develop and implement regulations for reporting, investigating and remedying allegations of sexual harassment. In addition, training programs shall be established for students and annually for employees to raise awareness of the issues surrounding sexual harassment and to implement preventative measures to help reduce incidents of sexual harassment. Age-appropriate instructional materials will be incorporated into the curriculum to educate students so that they can recognize and reduce the incidence of sexual harassment.

This policy shall be posted in a prominent place in each District facility, on the District’s website, and shall also be published in student registration materials, student, parent and employee handbooks, and other appropriate school publications.

Each year, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration.

Cross-ref: 5300, Code of Conduct

References:
Education Amendments of 1972, Title IX, 20 U.S.C. §1681 et seq.
Title VII of Civil Rights Act (1964), 42 U.S.C. §2000-e; 34 CFR §100 et seq.
Executive Law §296-d
Labor Law §201-g
Civil Practice Law and Rules §§5003-b; 7515
General Obligations Law §5-336
Davis v. Monroe County Board of Education, 526 U.S. 629, 652 (1999)
Gebser v. Lago Vista Independent School District, 524 U.S., 274 (1998)
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Burlington Industries v. Ellerth, 524 U.S. 742 (1998)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Office for Civil Rights Revised Sexual Harassment Guidance (January 19, 2001)
Office for Civil Rights, Dear Colleague Letter: Sexual Harassment Issues (2006)
Office for Civil Rights, Dear colleague Letter: Bullying (October 26, 2010)

0115 - Student Harassment and Bullying Prevention and Intervention

Adoption Date: 12/13/2012
0000 - Goals and Objectives

0115 Student Harassment and Bullying Prevention and Intervention

The Board of Education is committed to providing an educational and working environment that promotes respect, dignity and equality. The Board recognizes that discrimination, such as harassment, hazing and bullying, are detrimental to student learning and achievement. These behaviors disrupt the operation of the schools and interfere with the mission of the District to educate its students. . Such behavior affects not only the students who are its targets but also those individuals who participate and witness such acts.

To this end, the Board condemns and strictly prohibits all forms of discrimination, such as harassment, hazing and bullying on school grounds, school buses and at all school-sponsored activities, programs and events. Discrimination, harassment, hazing or bullying that takes place at locations outside of school grounds, such as cyberbullying, which creates or can be reasonably expected to create a material and substantial interference with the requirements of appropriate discipline in the operation of the school or impinge on the rights of other students are prohibited, and may be subject to disciplinary consequences.

Definitions

Bullying

            Bullying, under the amended Dignity for All Students Act, has the same meaning as harassment (see below).  The accompanying regulation provides more guidance regarding the definition and characteristics of bullying to help the school community recognize the behavior.

Cyberbullying
            Cyberbullying is defined as harassment (see below) through any form of electronic communication. 

Discrimination

            Discrimination is the act of denying rights, benefits, justice, equitable treatment or access to facilities available to all others, to an individual or group of people because of the group, class or category to which that person belongs (as enumerated in the Definitions section, under Harassment, below).

Hazing

            Hazing is an induction, initiation or membership process involving harassment which produces public humiliation, physical or emotional discomfort, bodily injury or public ridicule or creates a situation where public humiliation, physical or emotional discomfort, bodily injury or public ridicule is likely to occur.

Harassment

            Harassment has been defined in various ways in federal and state law and regulation. The Board recognizes that these definitions are important standards, but the Board’s goal is to prevent misbehavior from escalating in order to promote a positive school environment and to limit liability. The Dignity for All Students Act (§§10-18 of Education Law) defines harassment as the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse, including cyberbullying, that (a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being; (b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; (c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or (d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property. The harassing behavior may be based on any characteristic, including but not limited to a person’s actual or perceived:

·         racecolor

·         weight

·         national origin

·         ethnic group

·         religion

·         religious practice

·         disability

·         sex

·         sexual orientation, or

·         gender (including gender identity and expression)

For the purpose of this definition the term “threats, intimidation or abuse” shall include verbal and non-verbal actions.

In some instances bullying or harassment may constitute a violation of an individual’s civil rights. The District is mindful of its responsibilities under the law and in accordance with District policy regarding civil rights protections.

In order to streamline the wording of this policy and regulation the term bullying will be used throughout to encompass harassment, intimidation, cyberbullying and hazing behaviors.

Prevention

The school setting provides an opportunity to teach children, and emphasize among staff, that cooperation with and respect for others is a key District value. A program geared to prevention is designed to not only decrease incidents of bullying but to help students build more supportive relationships with one another by integrating the bullying prevention program into classroom instruction. Staff members and students will be sensitized, through District-wide professional development and instruction, to the warning signs of bullying, as well as to their responsibility to become actively involved in the prevention of bullying before overt acts occur.

Curricular material that raises awareness and sensitivity to discrimination or harassment and civility in the relationships of people of different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, sexes or gender expression or identities will be included in the instructional program K-12.

In order to implement this program the Board will designate at its annual organizational meeting a Dignity Act Coordinator (DAC) for each school in the District and a District-wide coordinator whose responsibilities are described in the accompanying regulation. The role of each DAC is to oversee and enforce this policy in the school to which he/she is assigned. District council and building councils will assist the administration in developing and implementing specific prevention initiatives, including early identification of bullying and other strategies.

The District’s program will include reporting, investigating, remedying and tracking allegations of bullying.

Intervention

Intervention by adults and bystanders is an important step in preventing escalation and resolving issues at the earliest stages. Intervention will emphasize education and skill-building.

Successful intervention may involve remediation. Remedial responses to bullying include measures designed to correct the problem behavior, prevent another occurrence of the behavior and protect the target. Remediation may be targeted to the individual(s) involved in the bullying behavior or environmental approaches which are targeted to the school or District as a whole.

In addition, intervention will focus upon the safety of the target. Staff is expected, when aware of bullying, to report it in accordance with this policy, to refer the student to designated resources for assistance, and to intervene in accordance with this policy and regulation.

Provisions for students who do not feel safe at school

The Board acknowledges that, notwithstanding actions taken by District staff, intervention may require a specific coordinated approach if the child does not feel safe at school. Students who do not feel safe at school are limited in their capacity to learn and reach their academic potential. Staff, when aware of bullying, should determine if accommodations are needed in order to help ensure the safety of the student and bring this to the attention of the building principal or the DAC. The building principal and the DAC, other appropriate staff, the student and the student’s parent/guardian will work together to define and implement any needed accommodations.

The District recognizes that there is a need to balance accommodations which enhance student safety against the potential to further stigmatize the targeted student. Therefore, each case will be handled individually. The student, parent/guardian, and school administration will collaborate to establish safety provisions that best meet the needs of the targeted student. Follow-up discussions and/or meetings will be scheduled, as needed, to ensure that safety concerns have been adequately addressed and to determine when and if accommodations need to be changed or discontinued.

Incident Reporting and Investigation

Although it can be difficult to step forward, the District can’t effectively address bullying if incidents are not reported. Students who have been bullied, parents whose children have been bullied or other students who observe bullying behavior are encouraged and expected to make a verbal and/or written complaint to any school personnel in accordance with the training and guidelines provided. Staff who observe or learn of incident(s) of bullying are required, in accordance with State law, to make an oral report to the building principal and/or the DAC within one school day and to fill out the District reporting form within two school days. If a staff person is unsure of the reporting procedure, he/she is expected to inquire about how to proceed by speaking with his/her supervisor. A District employee may be deemed to have permitted unlawful discrimination or harassment if he/she fails to report an observed incident, whether or not the target complains.

At all times, complaints will be documented, tracked and handled in accordance with the regulations and procedures accompanying this policy, or, if applicable 0110, Equal Opportunity and Nondiscrimination, or 0110, Sexual Harassment and the District’s Code of Conduct. The DAC and/or building principal will prepare a quarterly report for the Superintendent based on complaints filed.

An equitable and thorough investigation will be carried out by the DAC and building principal in accordance with the accompanying regulation. In addition, the results of the investigation shall be reported back to both the target and the accused as specified in the accompanying regulation. If either of the parties disagrees with the results of the investigation, he/she can appeal the findings in accordance with the District’s regulations. Verified bullying incidents that meet the criteria established by the state will be included in the statewide reporting system when applicable, in accordance with law and regulation.

The Board will receive the annual VADIR report, as well as any other state-required report relevant to bullying and/or school climate, for each building and for the District as a whole. Based on the review of the data, the Board may consider further action, including but not limited to modification of this policy and additional training.

Disciplinary Consequences/Remediation

While the focus of this policy is on prevention, bullying acts may still occur. In these cases, offenders will be given the clear message that their actions are wrong and the behavior must improve. Student offenders will receive in-school guidance in making positive choices in their relationships with others. If appropriate, disciplinary action that is measured, balanced and age-appropriate will be taken by the administration in accordance with the District’s Code of Conduct, as applicable. If the behavior rises to the level of criminal activity, law enforcement will be contacted. 

Consequences for a student who commits an act of bullying shall be unique to the individual incident and will vary in method and severity according to the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors, and must be consistent with the District’s Code of Conduct.

Non-Retaliation

All complainants and those who participate in the investigation of a complaint in conformity with state law and District policies, who have acted reasonably and in good faith, have the right to be free from retaliation of any kind.

Training

The Board recognizes that in order to implement an effective bullying prevention and intervention program, professional development is needed. The Superintendent, District-wide DAC and Mentor Teacher will incorporate training to support this program in new teacher orientation and the annual professional development plan, as needed. Training opportunities will be provided for all staff, including but not limited to bus drivers, cafeteria and hall monitors and all staff who have contact with students. The DACs will be trained in accordance with state requirements and will continue their professional development so as to successfully support this policy and program.

Dissemination, Monitoring, Review, and Reporting

This policy, or a plain language summary, shall be published in student registration materials, student, parent and employee handbooks, and posted on the District’s website. A bullying complaint form will be available on the District’s website. The District will ensure that the process of reporting bullying is clearly explained to students, staff and parents on an annual basis.

Each year, as part of the annual review of the Code of Conduct, this policy will be reviewed to assess its effectiveness and compliance with state and federal law. If changes are needed, revisions will be recommended to the Board for its consideration.

The District will ensure that reporting of information to the public in conjunction with this policy will be in a manner that complies with student privacy rights under the Family Educational Rights and Privacy Act (FERPA).

Policy References:
Dignity for All Students Act, Education Law, §10 – 18
Americans with Disabilities Act, 42 U.S.C. §12101 et seq. 
Title VI, Civil Rights Act of 1964, 42 U.S.C. §2000d et seq.
Title VII, Civil Rights Act of 1964, 42 U.S.C. §2000e et seq.; 34 CFR §100 et seq.
Title IX, Education Amendments of 1972, 20 U.S.C. §1681 et seq.
§504, Rehabilitation Act of 1973, 29 U.S.C. §794
Individuals with Disabilities Education Law, 20 U.S.C. §§1400 et seq.
Executive Law §290 et seq. (New York State Human Rights Law)
Education Law §§313(3), 3201, 3201-a
8 NYCRR100.2( c), (I), (jj), (kk); 119.6
Tinker v. DesMoines Independent Community School Dist., 393 US 503, (1969)
Doninger v. Niehoff, 527 F.3d41 (2d. Cir. 2008)
Pollnow v. Glennon, 594 F.Sup. 220, 224 aff’d 757 F.2d. 496
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Gebser v. Lago Vista Independent School District, 524 U.S., 274 (1998)
Faragher v. City of Boca Raton, 524 U.S. 775 (1998)
Burlington Industries v. Ellerth, 524 U.S. 742 (1998)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Appeal of K.S. 43 Ed. Dept. Rep. 492
Appeal of Ravick 40 Ed. Dept. Rep. 262
Appeal of Orman 39 Ed. Dept. Rep. 811

Policy Cross References:
 » 0100 - Nondiscrimination and Equal Opportunity
 » 0110 - Sexual Harassment
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 5300 - Code of Conduct
 » 5710 - Violent and Disruptive Incident Reporting
 » 9700 - Staff Development

0200 - School District Goals and Objectives

Adoption Date: 10/14/1999, Revised: 6/9/2011 
0000 - Goals and Objectives

0200 School District Goals and Objectives

To further its educational philosophy, the Board of Education establishes the following as a basis for specific school community goals and objectives:

1. to employ the best possible school staff, including both professional and support personnel;

2. to encourage the development of positive and supportive interpersonal relationships among the students, the staff and members of the community;

3. to ensure that all stakeholders are afforded opportunities for meaningful participation in the development and evaluation of programs and policies;

4. to strive for maximum efficiency in the use of District resources to meet the goals and objectives of the various programs and services;

5. to provide educational programs and services which fulfill the needs of the District and comply with Commissioner's Regulations; and

6. to promote the development of programs and services which encourage cooperative interaction between the community-at-large and District staff and students.

The District instructional program will help student(s) to become:

1. effective communicators;

2. quality producers;

3. complex thinkers; and

4. life-long learners.

Furthermore, the instructional program will assist each person to:

1. appreciate and respect authority and the law within a democratic process;

2. assume a fuller sense of responsibility for himself/herself and others;

3. achieve satisfaction in working to accomplish worthy goals;

4. act with poise, self-confidence, and good physical coordination;

5. exhibit fair play and good sportsmanship; and

6. participate in family life and worthwhile leisure activities.

The District fully accepts the concepts that learning is a lifelong process, and toward this end actively encourages people of all ages to participate in a wide range of activities.

The Board shall adopt, on an annual basis, specific school community goals (copies of which shall be available through the office of the Superintendent of Schools) which reflect the foregoing general goals and objectives.

Policy Cross References:
 » 4000 - Commencement Standards

0310 - Board Self-Evaluation

Adoption Date: 10/14/1999, Revised: 5/12/2011 
0000 - Goals and Objectives

0310 Board Self-Evaluation

The Board of Education is committed to the continuous improvement of the District and its own functioning. Accordingly, the members of the Board shall conduct an annual  self-evaluation to determine the degree to which they are meeting their responsibilities as Board members and the needs of their educational community. The annual self-evaluation exercise should be conducted in the May/June timeframe to ensure that the results of the evaluation include input from any Board members whose term may be expiring at the end of June.

This self-evaluation shall be positive, frank and honest, and shall focus on evaluating the Board as a whole, not as individuals. The self-evaluation shall be based on the goals the Board sets for itself, not on goals it sets for the entire District. The results of the evaluation shall be used to establish priorities for action and specific goals and objectives to strengthen the operation of the Board.

The Board shall use a questionnaire as the self-evaluation instrument.

0320 - Evaluation of Superintendent

Adoption Date: 10/14/1999, Revised: 11/12/2009 
0000 - Goals and Objectives

0320 Evaluation of Superintendent

The Board of Education recognizes that student growth, district progress, and community satisfaction are all affected by the performance of the Superintendent of Schools. The Superintendent cannot function effectively without periodic feedback about his/her performance. Therefore the Board shall, at least annually, conduct a formal performance evaluation of the Superintendent.

The formal procedures used to complete the evaluation shall be filed in the District Office, and made available for review by an individual, no later than August 1 of each year.

Policy References:
8 NYCRR §100.2(o)(2) 

0330 - Staff Evaluations

Adoption Date: 10/14/1999, Revised: 11/12/2009 
0000 - Goals and Objectives

0330 Staff Evaluations

The performance of all employees shall be evaluated annually in accordance with applicable laws, regulations, and provisions of collective bargaining agreements.

The Board of Education delegates the responsibility of implementation to the Superintendent of Schools.

Policy References:
Education Law §3031
8 NYCRR §100.2(o)(1)

0350 - Evaluation of Instructional Programs

Adoption Date: 3/9/2000, Revised: 6/9/2011 
0000 - Goals and Objectives

0350 Evaluation of Instructional Programs

The Board of Education recognizes that education is a continuous process that cannot be satisfactorily achieved without the coordination and cooperation of all components of the system. To achieve the highest quality of education on all levels, a critical appraisal of the program as it operates in each school and at each level is essential. The Superintendent of Schools shall develop standards and procedures for the evaluation of instructional programs.

The purposes of evaluating the instructional programs are to:

1. indicate instructional strengths and weaknesses;

2. provide information needed for advance planning;

3. provide data for public information;

4. determine how each student achieves in accordance with his/her ability;

5. show the relationship between achievement and the school system's stated goals;

6. assess whether the total learning environment, including institutional processes, physical facilities and the educational program remains consistent with the needs of students and the larger society and contributes to the accomplishment of the goals of the school; and

7. check on the suitability of the instructional program in terms of community requirements.

The Board expects staff members to maintain a continual program of evaluation at every level to determine the extent of progress toward the District’s objectives. The Board will request the Superintendent to present factual information, which it considers necessary to evaluate the effectiveness of the school system. The Board shall receive regular reports of the results of instructional program evaluations.

Policy References:
8 NYCRR §100.2(m) 

0400 - School Improvement Plans

Adoption Date: 8/12/1999, Revised: 11/12/2009 
0000 - Goals and Objectives

0400 School Improvement Plans

The Board of Education directs the Superintendent of Schools to develop a comprehensive school improvement plan for those school buildings identified by the Commissioner of Education as most in need of assistance (if any), in accordance with Commissioner's Regulations.

The school improvement plan must be developed in consultation with teachers, administrators, students, parents, and appropriate school service professionals, as well as with staff of the State Education Department (SED) or others assigned to assist the planning process. The plan must address the areas of deficiency and any changes in the school program required by the Commissioner.

The Board must approve the plan and submit it to SED no later than April 30th of the school year in which the Commissioner requires it. The plan must be implemented no later than the September following its approval. The Board will comply with any additional requirements of SED that arise as it monitors the implementation of the plan.

Policy References:
8 NYCRR §100.2(m)(3) 

1000 - Community Relations

1000 - Community Relations Goals

Adoption Date: 10/14/1999, Revised: 4/14/2011; 12/11/2014 
1000 - Community Relations

1000 Community Relations Goals

The Board of Education strives to conduct District affairs by way of a continuing, open dialogue between the community and the schools. Given District residents’ high level of interest in the education of children, the Board wishes to maintain its high level of sensitivity to the needs and desires of the community and to act expeditiously to meet the changing needs and conditions.

To this end, the Board of Education establishes the following goals for community involvement:

1. to provide a variety of means whereby all residents of the School District may have the opportunity to contribute their best thinking to the orderly planning of education for children in the District;

2. to keep the community accurately informed about its schools;

3. to understand community attitudes and aspirations for the schools;

4. to encourage contributions from the parent-teacher associations of the District so that school personnel and parents cooperate to advance the educational welfare of the children;

5. to handle all complaints from the public by the administrative officer in charge of the unit of the School District organization closest to the complainant. However, such complaints may be carried to the Superintendent of Schools and/or the Board if the problem cannot be solved at that level;

6. to promote a spirit of cooperation among the Board, the schools, and the community;

7. to develop and maintain the confidence of the community in the Board and the School District staff;

8. to expand the public understanding of every aspect of the school system, and stimulate public interest in the school;

9. to facilitate dissemination of information to the community concerning issues and activities in the school using not only traditional modes of communication, such as a District newsletter, but also current modes of communication such as the District’s website and social networking sites;

10. to ascertain the community's opinions and desires with respect to the operations of the school system, and to incorporate that knowledge into its actions;

11. to build relationships with local businesses, local government, health care, social service, civic and community organizations to share resources in order to meet the academic, social and emotional needs of all of our students; and

12. to develop and maintain an effective means of communication with the people of the District.

Notwithstanding the above, the final decisions in these areas will rest with the Board.

1050 - Annual District Meeting and Election

Adoption Date: 10/9/2003, Revised: 4/8/2010 
1000 - Community Relations

1050 Annual District Meeting and Election

The district shall hold an annual election and budget vote at which the district's authorized voters will elect members of the Board of Education and vote on the district budget for the coming school year. The annual district election and budget vote will be held on the third Tuesday in May, unless this date conflicts with religious observances on that day, in which case the annual election and budget vote will be held on the second Tuesday in May.

The District Clerk shall publish a notice of the time and place of the annual election and budget vote at least four times within the seven weeks prior to the election, in two newspapers having general circulation within the district. The first publication of the notice shall be at least 45 days prior to the election. The notice shall also contain notice of any other matter required by law.

Copies of the budget to be voted upon at the annual election and budget vote will be available upon request in each district school building, at the school district offices, and at any public library or free association library within the district, for district residents at the time of the annual election and budget vote and the14 days preceding (other than Saturday, Sunday and holidays) as well as on the school district’s internet website.

The Board shall appoint assistant clerks and election inspectors necessary for the annual election and budget vote at a Board meeting held before the annual election and budget vote.

Propositions

The Board has the authority, under the Education Law, to adopt reasonable rules and regulations concerning the submission of petitions to the Board to place propositions on the ballot which may amend the budget. Pursuant to those provisions, the Board establishes the following guidelines:

1. Unless otherwise provided by the Education Law, petitions for the submission of a proposition must contain a minimum of 25 signatures of qualified voters of the district, or 2 percent of the eligible voters who voted in the previous annual election of the members of the Board of Education, whichever is greater.

2. Petitions must be filed with the District Clerk at least 30 days prior to the annual election, except for petitions relating to a proposition which must be included in the notice of the annual election (e.g., changing the number of board members). Such petitions must be submitted 60 days in advance of the annual election to facilitate the preparation and printing of the ballots.

3. Propositions must include the specific appropriations necessary for the purposes listed.

4. Wording of a petition must comply with legal requirements. If the wording does not comply, it may be changed or altered by the Board, or the Board may reject a petition for failure to comply.

Propositions received in accordance with these specifications will be placed on the ballot as amendments and will be voted upon by the voters in the same manner as the proposed budget, except that the Board shall not be required to place any proposition on the ballot which is within the exclusive province of the Board, or otherwise forbidden by law. No proposition involving the budget may be submitted to the voters more than twice within a twelve month period.

The Board may also, on its own motion, submit propositions.

Improper Advocacy

The district may provide informational material to the voters concerning budgets, propositions, or other matters before the electorate. However, school district funds and resources may not be used to exhort voters to support a particular position. For example, the district will not engage in activities including, but not limited to, sending flyers supporting the budget home with students, providing mailing labels for materials supporting a proposition or using the district e-mail to deliver promotional material for candidates.

Policy References:
Education Law §§416(3); 1608(2); 1716(2) 1804(4); 1906(1); 2002(1); 2003(1)(2); 2004(1)-(7); 2009; 2021;2022(1), (4)-(5); 2035(2); 2601-a(2)
General Construction Law §60
Matter of Hebel, 34 EDR 319 (1994)
Matter of Martin, 32 EDR 567 (1993)
Matter of Como, 30 EDR 214 (1990)

Policy Cross References:
 » 2120 - School Board Elections
 » 2120.1 - Candidates and Campaigning
 » 6120 - Budget Hearing

1100 - Community Communications

Adoption Date: 10/14/1999, Revised: 3/8/2012 
1000 - Community Relations

1100 Community Communications

The Board of Education is aware of its responsibility in maintaining a cooperative relationship with the community which is served by the School District. It is the desire of the Board to sponsor a close relationship with the citizens of the District. The Board shall maintain a continuing public information program, in order to promote widespread understanding of the school program, and to gain the support and participation of the community in the school system.

The Board shall encourage the use of all appropriate means for supplying the community with accurate information about the schools, including:

1. participation by the public on advisory committees;

2. encouraging citizens to visit schools;

3. encouraging citizens to attend Board meetings;

4. distribution of published materials such as:

a. budget statements;
b. news releases;
c. newsletters and/or bulletins and brochures;
d. determining public attitudes by the use of polls, meetings and conferences; and
e. use of the Internet and other technology.

The Superintendent of Schools shall be the central intermediary between the schools and the public, and through him/her shall be funneled information for the public. In addition to encouraging members of the community to attend and participate in public Board meetings, the Superintendent shall develop a program aimed at disseminating information about Board policies, procedures, actions and District educational programs to the public. Newsletters may be prepared and mailed to each resident of the School District. The Board accepts the funding obligation for the necessary staff and production costs.

The Superintendent should coordinate the activities of District administrators to ensure their direct involvement in the public information program. Each school, through its faculty and staff, should participate not only in the dissemination of information to the public, but also in the planning of events and social programs aimed at encouraging community involvement in School District activities.

The successful school-community relations program lies largely in the hands of the individual staff members. It is the responsibility of all staff members to be well-informed as to the educational practices of the School District, since many parents/guardians gather their information about the school from their children.

Students provide an important channel of communication with parents and the entire community. Information concerning the schools may be properly disseminated through students. The School District’s administrators shall review all messages and materials prior to authorizing their dispersal through the student body.

It is the responsibility of all personnel to assume a positive role of interpreting the school while in contact with the public.

In the interest of promoting effective communications, parents and citizens are encouraged to review a checklist outlining the personnel to contact with a question and/or concern. This checklist can be found on the District website under forms and publications called “Communication is Key”.  

1120 - School District Records

Adoption Date: 6/10/1999, Revised: 11/8/2012; 03/09/2017 
1000 - Community Relations

1120 School District Records

It is the policy of the Board of Education to inform members of the public about the administration and operation of the public schools in accordance with the Freedom of Information Law of the State of New York.

The Superintendent of Schools, or his/her designee, shall develop regulations ensuring compliance with the Freedom of Information Law and setting forth the procedures to be followed to obtain access to District records. Such regulations shall address ensuring applicable confidentiality and security of District information. The Superintendent shall designate, with Board approval, a Records Access and Records Management Officer, pursuant to law.

Retention and Destruction of Records

The Board hereby adopts as policy the Records Retention and Disposition Schedule ED-1 issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, which contains the legal minimum retention periods for District records. In accordance with Article 57-A, the District will dispose of only those records described in the schedule after they have met the minimum retention periods set forth in the schedule. The District will dispose of only those records that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond the established legal minimum periods.

The manner of destruction will be determined by the format of the record (i.e., paper, digital, etc.). In addition, destruction will be appropriately documented.

Litigation-Hold

The Superintendent will establish procedures in the event that the School District is served with legal papers. The Superintendent will communicate with applicable parties, including the school attorney and the Records Management Officer, to ensure that, when appropriate, a litigation-hold is properly implemented. The litigation-hold is intended to prevent the destruction or disposal of records that may need to be produced as part of discovery. It is the intention of the Board of Education to comply with applicable rules and regulations regarding the production of necessary documents, data, files, etc. The Board directs the Superintendent to institute such procedures to implement this policy.

The Superintendent or his/her designee, with assistance from the Records Management Officer, shall be responsible for developing and disseminating department-specific retention schedules and guidance to staff, as necessary, to ensure adherence to this policy.

Policy References:
Public Officers Law §84 et seq.
Education Law §2116
Arts and Cultural Affairs Law §57.11
Arts and Cultural Affairs Law Article 57-A
Federal Rules of Civil Procedure, 16, 26
8 NYCRR Part 185 (Appendix I) – Records Retention and Disposition Schedule ED-1

Policy Cross References:
 » 8630 - Records Management

1130 - Media Relations

Adoption Date: 10/9/2003, Revised: 12/8/2011 
1000 - Community Relations

1130 Media Relations

The Board of Education invites and welcomes the active participation of all forms of mass media, print and electronic, in educating the public and improving education within the District and the wider community. The Board and Superintendent will make every reasonable effort to cooperate with the media by providing accurate information about District operations, to the extent permissible by statute and regulation.

The Board President is designated as the spokesperson for the Board when the Board is making a statement on an issue. No other member of the Board individually will speak for, or in the name of, the Board unless by explicit direction of the Board. Board members should emphasize to the media when asked to speak as a Board member that they can only speak as private citizens unless they have been empowered by the Board to speak for it.

The Superintendent of Schools is designated as the spokesperson for the District.

All staff desiring to release information to the media should first notify the Building Principal. The Superintendent of Schools shall establish all necessary procedures to govern day-to-day interactions between the schools and the news media.

Representatives of the media must contact the Office of School and Community Relations prior to any visit to the school campus. That office will notify appropriate school administrators of the requested visit. Once the news media representatives are on campus they are required to sign-in with the Office of School/Community Relations, leave a photo ID, and pickup a press pass. After their visit, they must return the press pass back to the Office of School and Community Relations and retrieve their ID.

Policy References:
Arts and Cultural Affairs Law §61.09 

1131 - News Releases

Adoption Date: 6/10/1999, Revised: 10/8/2009 
1000 - Community Relations

1131 News Releases

The Building Principal of each school is responsible for the preparation of news releases concerning the activities of that school, and for reviewing them with the Superintendent of Schools. Copies of all final news releases will be released by the Office of the Superintendent or his/her designee.

All statements of the Board of Education will be released through the Office of the Superintendent and/or the Clerk of the Board.

1150 - School Budget and Bond Referenda Information

Adoption Date: 6/10/1999, Revised: 4/14/2011 
1000 - Community Relations

1150 School Budget and Bond Referenda Information

The annual District budget shall be submitted for voter approval as required by law. Any voter-presented propositions shall be submitted in accordance with the procedure specified by law and District policy. The resubmission of any defeated budget or the submission of any propositions by the Board of Education will be done at the discretion of the Board as permitted by law.

The Superintendent of Schools shall approve all information regarding District expenditures submitted to the District voters for approval. The Superintendent shall ensure that any document, newsletter, advertisement or other communication prepared and/or distributed at District expense shall be factual in nature to the best of his/her knowledge, and shall not exhort District voters to vote to approve or disapprove any matter submitted for voter approval.

1221 - Relations with Parent Organizations

Adoption Date: 10/14/1999, Revised: 10/8/2009 
1000 - Community Relations

1221 Relations with Parent Organizations

The Board of Education recognizes that the goal of the chartered parent organizations is to develop a united effort between and among educators, students and the general public to secure for every child the highest achievement in physical, academic and social education. Therefore, staff members and parents are encouraged to join the district's chartered parent groups and to participate actively in their programs.

1222 - Relationship with Booster Organizations

Adoption Date: 10/14/1999, Revised: 3/8/2012 
1000 - Community Relations

1222 Relationship with Booster Organizations

The Board of Education recognizes that extracurricular support groups, or "booster" organizations, provide important support to District Schools, and can be a valuable means of stimulating community interest in the aims and activities of the District. Booster organizations may be defined in two ways:

1. an organization which is created to foster community support and raise funds for a specific extracurricular activity (e.g., athletics, speech and debate, and/or musical groups); or

2. an organization which is created to foster community support and raise funds for the school's general extracurricular program.

Parents and other interested members of the community who wish to organize a booster club for the purpose of supporting a specific school program are encouraged to do so, as long as the activities of such organizations do not interfere unduly with the total educational program, or disrupt District operations in any way. To this end, booster organizations must follow these guidelines:

1. have voluntary membership in the organization (fund-raising, fees, or donations shall be strictly voluntary);

2. submit a fund-raising form in advance to the Superintendent or designee for prior approval of all fund-raising activities;

3.  obtain prior approval from the Superintendent or designee any time the booster club uses the name of the School District, or any language suggesting that the District has endorsed, sponsored or otherwise approved of the club's activities;

4. seek advance approval for any use of school facilities and/or equipment, following the policy and procedures outlined in policy 1500, Public Use of School Facilities;

5. avoid interference with the decision-making of any student group;

6. understand and respect the authority of District employees in the administration of their duties;

7. assume all financial responsibility for their organization, including but not limited to the provision of adequate insurance coverage, as appropriate; and

8. undertake any fundraising activities in conformity with the School District policies 1511, Advertising in the Schools and 5251, Student Fund-Raising Activities.

Booster organizations wishing to make a contribution of money, service time, or tangible property must follow policy 1800, Gifts from the Public.  Booster-proposed plans, projects and other activities must be evaluated and promoted in light of their stated contribution to the academic as well as the extra-curricular school programs. Careful consideration should be given to the total value of the contribution to the School District as a whole.

The Board retains final responsibility for and authority over all activities which have an impact on students, the schools, school programs, and/or school-owned property.

Policy References:
Appeal of Ambrosio, 30 Ed Dept Rep 387 (1991)

Policy Cross References:
 » 1500 - Public Use of School Facilities
 » 1800 - Gifts From the Public

1230 - Public Participation at Board Meetings

Adoption Date: 10/14/1999, Revised: 8/17/2010 
1000 - Community Relations

1230 Public Participation at Board Meetings

All meetings of the Board of Education shall be conducted in public, and the public has the right to attend all such meetings. At its discretion, the Board may invite visitors to its meetings to participate in the Board's discussion of matters on the agenda. To allow for public participation, a period not to exceed 30 minutes shall be set aside during each Board meeting. The period may be extended by a majority vote of the Board.

Persons wishing to speak should first be recognized by the President, then identify themselves, their residence, and/or any organization they may be representing at the meeting and the agenda topic they wish to discuss. Comments should be kept as brief as possible and relate to school matters. Individual comments will be limited to three minutes. Those items brought to the attention of the Board during this time may be taken under consideration for future response or action.

The Board will not permit in public session discussion involving individual district personnel or students. Persons wishing to discuss matters involving individual district personnel or students should present their comments and/or concerns to the Superintendent during regular business hours. Questions and comments from the public concerning matters which are not on the agenda will be taken under consideration and referred to the Superintendent for appropriate action. Persons wishing to have matters included on the agenda shall contact the Superintendent in accordance with Policy 2342, Agenda Preparation and Dissemination.

The President is responsible for the orderly conduct of the meeting and shall rule on such matters as the time to be allowed for public discussion and the appropriateness of the subject being presented. The President shall have the right to discontinue any presentation which violates this policy.

1400 - Public Concerns

Adoption Date: 12/9/1999, Revised: 12/10/2009; 11/8/2012 
1000 - Community Relations

1400 Public Concerns

The Board of Education recognizes the right of community members to register individual or group concerns regarding instruction, District programs, materials, operations, and/or staff members. The main goal of the District is to resolve such concerns with only the parties involved, whenever possible. Public complaints about the School District will be directed to the proper administrative personnel. Complaints about specific classroom practices shall be directed to the teacher concerned. If the matter is not settled satisfactorily, the complainant shall then contact the building principal; if there is no resolution on this level, the Superintendent of Schools or his/her designee shall be contacted. The Superintendent shall refer the issue to the appropriate administrative personnel for their review and action as necessary prior to the issue being addressed, if appropriate, by the Board.

In the interest of promoting effective communications, parents and citizens are encouraged to review a checklist outlining the personnel to contact with a question and/or concern. This checklist can be found on the District website under forms and publications called “Communication is Key”. 

All matters referred to the Superintendent and/or the Board must be in writing. Concerns registered directly to the Board as a whole or to an individual Board member shall be referred as soon as is reasonably possible to the Superintendent for investigation, report, and/or resolution.

Policy References:
Education Law §§3012; 3020-a
Civil Service Law §75
8 NYCRR Part 84

1410 - Complaints About Policies

Adoption Date: 12/9/1999, Revised: 12/10/2009 
1000 - Community Relations

1410 Complaints About Policies

Complaints about Board of Education policies should be directed to the Superintendent of Schools. Complaints shall be in writing, stating the specific objections to the specific policy(ies).

The Superintendent shall review any complaint and conduct whatever study or investigation he/she deems appropriate. The Superintendent shall then submit the complaint and his/her recommendation to the Board. The Board shall then review the policy, amend or repeal the policy, if appropriate, and notify the complainant of the action taken.

1420 - Complaints About Curricula or Instructional Materials

Adoption Date: 3/9/1999, Revised: 11/12/2009 
1000 - Community Relations

1420 Complaints About Curricula or Instructional Materials

The Board of Education recognizes its responsibility for the purchase of instructional materials. The Board encourages district teachers and administrators to select books and other materials in accord with sound educational principles and practices, and to use them effectively in the classrooms. However, the Board also recognizes the right of community members to voice concerns and/or complaints regarding the implementation of a particular curriculum and/or instructional material.

All complaints concerning textbooks, library books and other instructional material shall be submitted to the Superintendent of Schools. The Superintendent shall promulgate regulations establishing a complaint procedure which shall include:

1. an opportunity for an informal conference with the complainant;

2. the submission of formal written complaints on a prescribed form;

3. the formation of an instructional material review committee. The members of the committee shall be appointed annually by the Board on recommendation by the Superintendent. The committee shall make recommendations to the Superintendent concerning the disposition of any complaint;

4. a decision by the Superintendent; and

5. an appeal to the Board. The decision of the Board shall be final.

Policy References:
Education Law §§1709(15); 1711(5)(f)
Board of Educ., Island Trees Union Free School District v. Pico, 457 US 853 (1982) 

1500 - Public Use of School Facilities

Adoption Date: 12/9/1999, Revised: 7/11/2013 
1000 - Community Relations

1500 Public Use of School Facilities

While the District’s school buildings and grounds are maintained primarily for the purpose of educating students within the District, the Board of Education recognizes that the buildings and grounds are a valuable community resource and believes that this resource should be available to the community for specific uses that will not interfere with educational activities.

No use shall be made of the buildings or grounds which would interfere or disrupt their most effective use for the benefit of the school children. Any such use, however, shall not be deemed an endorsement of the activity or purpose for which the facilities are used. All uses of school buildings and grounds shall be consistent with Section 414 of the Education Law.

Policy References:
Education Law §414

Policy Cross References:
 » 1511 - Advertising in the Schools

1501 - Animals On School Grounds

Adoption Date: 9/25/2003, Revised: 4/14/2016 
1000 - Community Relations

1501 Animals On School Grounds

Based upon (1) the District's obligation to limit the use of school facilities to educational purposes, and (2) concerns related to maintenance costs and hygiene, as well as to help maintain safe and healthy conditions for the students, staff and visitors to the Victor Central School District, it shall be a violation of District policy for any individual to bring a dog or other animal onto school grounds, except in accordance with the following regulations:

1. Animals are prohibited from school grounds Monday through Saturday from 7:00 A.M. until 4:00 P.M., except as permitted by a building principal for instructional or safety purposes.

2. All animals will be on a leash at all times.

3. A clean up/carry out policy will be adhered to at all times.

4. Animals are not allowed on athletic fields or at public events under any circumstances.

5. Service dogs and properly identified service dogs in training will be exempt from the terms of this policy.

The animal owner assumes all risks for the safety of persons or property when bringing animals on school grounds.

Policy References:
Public Health Law 2140

Policy Cross References:
 » 4850 - Animals in the Schools (Instructional Purposes)
 

1502 - Prohibition of Unmanned Aerial Vehicles (Drones)

Adoption Date: 11/9/2016
1000 - Community Relations

1502 Prohibition of Unmanned Aerial Vehicles (Drones)

Understanding that airborne unmanned aerial vehicles (also known as “drones”) (hereinafter, “UAV”) pose a safety hazard and threatens the security and privacy of students, employees and visitors. The Victor Central School District forbids anyone from flying a UAV or any remote-controlled aircraft in the skies over any of its school campus, on any school properties or during any school functions including, but not limited to, individual schools within the District, stadium, athletic fields and any extracurricular activities without:

  1. obtaining prior written permission from the District’s Superintendent or his/her designee;
  2. demonstrating compliance with any and all applicable Federal Aviation Administration rules and regulations; and
  3. fulfilling the District’s insurance requirements for such use, to the satisfaction of the District’s insurance agent and/or broker.

For the purposes of this policy, a UAV is any aircraft or device without a human pilot aboard the device. An exception to this policy may be made in specific cases where circumstances warrant, but must be approved in writing in advance by the Superintendent or his/her designee.

The Superintendent or his/her designee shall report any unauthorized operation of a UAV over school property or during school functions to law enforcement authorities and/or the FAA.

Any person or visitor violating this policy could be subject to immediate removal from school property and further action in accordance with the District’s Code of Conduct.

Any student violating this policy shall also be dealt with in accordance with the District’s Code of Conduct. Any School District employee violating this policy may also be subject to formal disciplinary action.

Policy Cross References:
 » 5300 - Code of Conduct
 

1510 - Public Sales on School Property

Adoption Date: 12/9/1999, Revised: 3/8/2012 
1000 - Community Relations

1510 Public Sales on School Property

No solicitor, salesperson or agent shall come into any school building or upon any school property and solicit business other than school business, from any school employee. In the case of school business, he/she shall obtain permission from the Superintendent before soliciting any school employee in any building.

Policy Cross References:
 » 1511 - Advertising in the Schools

1511 - Advertising in the Schools

Adoption Date: 12/11/2003, Revised: 4/14/2016 
1000 - Community Relations

1511 Advertising in the Schools

Neither the facilities, the staff, nor the students of the School District shall be employed in any manner for advertising or otherwise promoting on school property the interests of any commercial, political, or other non-school agency, individual or organization, except that:

1. 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;

2. the schools may use films or other educational materials bearing only simple mention of the producing firm;

3. the Superintendent of Schools, or his/her designee, may, at his/her discretion, announce or authorize to be announced, any lecture or other community activity of particular educational merit;

4. the schools may, upon approval of the Superintendent, cooperate with any agency in promoting activities in the general public interest 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 District's schools except as authorized by law or the Commissioner's Regulations.

In the case of colleges, universities, armed service agencies, corporations, businesses and public service agencies, it is the policy of the Board that access to schools shall be encouraged to bring career and occupational information to students. The Superintendent shall carefully monitor such activities to restrict any commercial advertisement.

Nothing in this policy shall be construed to limit the authority of the Board under law to authorize the broadcast of high school games and other events by radio and TV stations even though the broadcast is commercially sponsored.

Policy References:
New York State Constitution Article 8 §1
Education Law §414
8 NYCRR §19.6 and Part 23
Arts and Cultural Affairs Law §61.09 
Matter of Gary Credit Corp., 26 EDR 414 (1987)
Matter of Gary Credit Corp., 25 EDR 385 (1986)
Matter of Taftegaard, 25 EDR 238 (1986)
Matter of Taftegaard, 23 EDR 405 (1984)
Matter of Hoyt, 20 EDR 316 (1980) 
Matter of Puls, 17 EDR 324 (1978) 
Matter of Gordon, 14 EDR 358 (1975)

Policy Cross References:
 » 1500 - Public Use of School Facilities
 » 1510 - Public Sales on School Property

1512 - Fund Drives for Outside (Non-School) Purposes

Adoption Date: 3/8/2012
1000 - Community Relations

1512 Fund Drives for Outside (Non-School) Purposes

The Board of Education believes that fund drives and/or materials drives for outside (non-school) purposes should be conducted only when there is some educational benefit for the student. The administration should approve and schedule these activities so as to eliminate the possibility of many drives being conducted simultaneously.

Any fund drive must be sponsored by the School District, or a school-related organization (e.g., the Parent-Teacher Association). School personnel may not collect funds from students unless it is a fund drive sponsored by the School District or a school-related organization.

Funds raised through school-sponsored activities must be deposited and accounted for in the extra-curricular fund. Accounting for funds raised by school-related groups is the responsibility of such groups.

Fund drives sponsored by the School District requiring door-to-door solicitation are prohibited.

All fund drive activities must be voluntary, and no direct solicitation of students is permitted on school premises during school hours. However, the District will allow the following forms of indirect solicitation:

1.    the sale of goods, services, or tickets to an event (social, musical, athletic, etc.), where a portion of the funds go to support an outside(non-school) organization;

2.    the recruitment of students during school hours to participate in fund drive activities to be conducted off school premises and/or when school is not in session. School personnel are permitted to hang posters or distribute flyers notifying students of these activities; and

3.    the placement of a bin or collection box in the hallway or other common area for the voluntary donation of food, clothing, money or other items, with the permission of the Superintendent or designee.

Additional factors to be considered when granting or denying approval to outside (non-school) organizations wishing to conduct fund drives are:

1.    whether the group has regional or national recognition;

2.    whether the group directs at least 80 percent of its expenditures to charitable program activities;

3.    whether the contributions will benefit District students or residents; and

4.    the number of organizations raising funds for the same purpose at the same time.

Policy Cross References:
 » 1511 - Advertising in the Schools

1530 - Smoking and Other Tobacco Use on School Premises

Adoption Date: 7/11/1996, Revised: 11/10/2010; 03/20/2014, 09/11/2014, 09/14/2017 
1000 - Community Relations

1530 Smoking and Other Tobacco Use on School Premises

Due to the health hazards associated with smoking, and in accordance with federal and state law, the Board of Education prohibits smoking and all other tobacco use, and use of an electronic cigarette or e-cigarette, in all School District buildings, on school grounds, and in any vehicle used to transport children or personnel. Smoking or tobacco use is also prohibited within 100 feet of all school entrances, exits and outdoor areas, except where that is a residence or residential property. “Electronic cigarette” or “e-cigarette” means an electronic device that delivers vapor which is inhaled by an individual user (including vaporizers, vapor pipes, and vape pens), and shall include any refill, cartridge and any other component of such a device.

The District’s smoking policy shall be prominently posted in each building, at designated outdoor locations on school premises (e.g. athletic fields) and in all District vehicles. The Board designates the Superintendent of Schools or his/her designee as the agent responsible for informing individuals smoking cigarettes or e-cigarettes, or using tobacco unlawfully anywhere on school premises or in District vehicles that they are in violation of Article 13-E of the Public Health Law and/or Section 409 of the Education Law and/or the federal Pro-Children Acts of 1994 and 2001. Persons in violation of this policy will be asked to stop. Students and staff may be subject to consequences outlined in the Code of Conduct, and visitors or contractors may be asked to leave school property.

1610 - Relations with Law Enforcement Agencies

Adoption Date: 12/9/1999, Revised: 1/14/2010 
1000 - Community Relations

1610 Relations with Law Enforcement Agencies

It shall be the policy of the district that a reasonably cooperative effort shall 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 the school premises, or during a school-sponsored activity, or to maintain the education environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property.

Administrators have the responsibility and the authority within their respective jurisdictions to determine when the assistance of law enforcement officers is necessary. The district's administrators shall, at all times, act in a manner which protects and guarantees the rights and safety of students, parents/guardians and Victor Central School personnel.

1710 - Relations with Education Research Agencies

Adoption Date: 12/9/1999, Revised: 11/10/2010 
1000 - Community Relations

1710 Relations with Education Research Agencies

It is the policy of the District to cooperate as far as possible with the colleges, universities and other resource agencies in promoting potentially profitable research for the improvement of education. In order to facilitate requests to make questionnaire and interview studies in our school, criteria for such studies have been established.

Decisions in connection with research involving students, teachers or employees shall be made by the Superintendent of Schools, based on guidelines developed by the administration.

1740 - Relationship With Nonpublic Schools

Adoption Date: 12/9/1999, Revised: 5/9/2013 
1000 - Community Relations

1740 Relationship With Nonpublic Schools

In recognition of its responsibility under state law and regulation, the Board of Education shall make available required public school materials, equipment and services to resident students who attend nonpublic schools.

Textbook Loan

The Board recognizes that section 701 of the Education Law requires all Boards to purchase and to loan, upon individual request, textbooks to all children residing in the District who are attending grades kindergarten through twelve in any public or nonpublic school which complies with the compulsory education law.

It is also understood that the textbooks must be "loaned free" to the children, but Boards may make reasonable rules and regulations regarding such loan(s).

Therefore, the following rules and regulations shall govern the loan of textbooks to residents of the District attending nonpublic schools:

1. The textbooks shall remain the property of the District.

2. The textbooks shall be returned at the end of the nonpublic school's year.

3. If lost or destroyed, the textbooks shall be paid for in the same fashion as the students attending District schools.

Instructional Computer Hardware and Software Loan

The Board recognizes its responsibility to loan instructional computer hardware and software, upon request, to all pupils legally attending nonpublic elementary or secondary schools located in the School District. The District shall loan instructional computer hardware and software on an equitable basis, however software and hardware purchased with any local, federal or state funds, other than Instructional Computer Hardware or Software Aid funds, are not required to be loaned to nonpublic school students.

In addition, the District will only purchase and loan software programs that do not contain material of a religious nature.

The Board authorizes the Superintendent of Schools, or his/her designee, to establish any and all rules, regulations and procedures necessary to implement and maintain this policy. The Superintendent, or his/her designee, will specify the date by which requests must be received by the District and provide notice to all nonpublic schools within the District of that date.

Policy References:
Education Law §§701; 751-754; 1709; 3204; 3602-c
8 NYCRR §175.25; 21.3
Mitchell v. Helms, 530 U.S. 793 (2000)
Russman v. Sobol, 85 F.3d 1050 (2d Cir. 1996)
Zobrest v. Catalina Foothills Sch. Dist., 509 U.S. 1 (1993)
Aguilar v. Felton, 473 U.S. 402 (1985)
Board of Educ. V. Allen, 392 U.S. 236 (1968) 

1741 - Home Schooled Students

Adoption Date: 7/12/2007, Revised: 10/9/2014; 07/13/2017 
1000 - Community Relations

1741 Home Schooled Students

The Board of Education shall ensure that children instructed at home are taught by a competent instructor and receive an education substantially equivalent to that offered in the District's schools.

Parents/Guardians who wish to educate their children at home must submit to the District an individual home instruction plan (IHIP), outlining the educational goals to be met and the course materials and syllabi to be used each year for the child's learning process. The District may accept or deny an IHIP. Parents/Guardians must submit quarterly reports which will provide the District with the necessary information to make determinations of substantial equivalency and competency of instruction on an ongoing basis.

Parents/Guardians may appeal to the Board a determination by the Superintendent of Schools or designee that an IHIP is not in compliance with the Regulations of the Commissioner of Education. Parents/Guardians shall have the right to appeal the final determination of the Board to the Commissioner of Education within 30 days of receipt of such determination.

Special Education

A student with an IHIP, who is a resident of the School District and has a disability, or is suspected of having a disability, is eligible to receive services from the School District, in accordance with law, regulation and District policy (4321 et. seq.). A parent/guardian must request special education services in writing to the Board by June 1st, unless the child is first identified or moves into the District after June 1st. In that case, the parent/guardian must request the services within 30 days of being identified or of moving in to the District.

Special education services will be provided on an equitable basis compared to programs and services provided to other students with disabilities attending public or nonpublic schools within the District. The Board will determine the location where services will be available to home schooled students.

Participation in Extracurricular Activities

Students instructed at home by their parents are not entitled to participate in interscholastic or intramural sports. However, the Board shall permit such students to participate in other school-sponsored extracurricular activities. Specifically, the Board will permit home-schooled students to:

• participate in non-credit-bearing organized school activities such as clubs;

• participate in band and/or receive music lessons only if these activities are considered to be extra-curricular (not credit–bearing or graded or required for class);

• use school facilities such as the library, career information center and gymnasium if there is mutual agreement on the part of all involved parties.

Instructional Materials

The Board authorizes the Superintendent to loan instructional materials, if available, to students receiving home instruction. The Superintendent or his/her designee shall determine the availability of resources and develop appropriate procedures.

Policy References:
Education Law §§ 3204(2); 3210(2)(d); 3602-c (2-c)
8 NYCRR §100.10; 135.1; 135.4
Appeal of Ponte, 41 EDR 174 (2001)
Matter of Abookire, 33 EDR 473 (1994)
State Education Department Memorandum, “New Requirements for the Provision of Special Education Services to Home-Instructed (“Home-Schooled”) Students, July 2008
State Education Department Memorandum, “Home Instruction Questions and Answers,” http://www.p12.nysed.gov/sss/homeinstruction/homeschoolingganda.html, Sept. 2016

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89

1745 - Relations with Senior Citizens

Adoption Date: 5/12/2005, Revised: 6/9/2011 
1000 - Community Relations

1745 Relations with Senior Citizens

The Board of Education 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 buses, school lunches and partial tax exemptions.

The Board encourages learning and participation in school events as a life-long process. To that end, the Board supports the efforts of all residents, and especially our senior citizens, to take part in school activities. Accordingly, all residents age 55 or older are eligible to attend School District activities without charge.

Policy Cross References:
 » 8416 - Special Use of School Buses
 » 8520 - Free and Reduced Price Food Services

1800 - Gifts From the Public

Adoption Date: 12/9/1999, Revised: 12/8/2011 
1000 - Community Relations

1800 Gifts From the Public

It shall be the policy of the District to accept a gift, provided it is made within the statutory authority granted to school districts and has received the approval of the Board of Education.

The Board reserves the right to refuse to accept any gift which does not contribute towards the achievement of the District’s goals or the ownership of which would tend to deplete the resources of the District.

Any gift accepted by the Board or the Superintendent shall become the property of the District, may not be returned without the approval of the Board, and is subject to the same controls and regulations as are other properties of the District.

In granting or withholding its consent, the Board will review the following factors:

1. The terms of the gift must identify

a. the subject of the gift;
b. the purpose of the gift;
c. the beneficiary or beneficiaries if any; and
d. all conditions or restrictions that may apply.

2. The gift must not benefit a particular or named individual or individuals.

3. If the purpose of the gift is an award to a single student, the determination of the recipient of such award shall be made on the basis that all students shall have an equal opportunity to qualify for it in conformance with federal and state law.

4. If the gift is in trust, the obligation of the investment and reinvestment of the principal shall be clearly specified and the application of the income or investment proceeds shall be clearly set forth.

5. No gift or trust will be accepted by the Board unless

a. it is in support of and a benefit to all or to a particular public school in the District, or
b. it is for a purpose for which the School District could legally expend its own funds, or
c. it is for the purpose of awarding scholarships to students graduating from the District.

 Any gift rejected by the Board shall be returned to the donor or his/her estate within 60 days together with a statement indicating the reasons for the rejection of such gift.

Policy References:
Education Law §1709(12)

Policy Cross References:
 » 5800 - Student Awards and Scholarships

1810 - Gifts to School Personnel

Adoption Date: 8/12/1999, Revised: 7/1/2010 
1000 - Community Relations

1810 Gifts to School Personnel

No district officer or employee shall directly or indirectly receive any gift having a value of seventy-five dollars ($75) or more, whether in the form of money, services, loans, travel, entertainment, hospitality, etc., under circumstances in which it could reasonably be inferred that the gift was intended to influence the performance of his/her duties.

The giving of gifts to teachers by students is discouraged. However, the Board of Education welcomes the writing of letters or notes to staff members expressing gratitude or appreciation.

Nothing herein should be construed as prohibiting the traditional exchange of holiday gifts provided discretion is used to ensure that gifts of value are not accepted by staff employees or officers. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

Policy References:
General Municipal Law §805-a

Policy Cross References:
 » 2160 - School District Officer and Employee Code of Ethics

1900 - Parent and Family Engagement

Adoption Date: 12/9/1999, Revised: 7/11/2013; 02/09/2017 
1000 - Community Relations

1900 Parent and Family Engagement

The Board of Education believes that positive parent and family engagement is essential to student achievement, and thus encourages such involvement in school educational planning and operations. Parent and family engagement may take place either in the classroom or during extra-curricular activities. However, the Board also encourages parent and family engagement at home (e.g., planned home reading time, informal learning activities, and/or homework "contracts" between parents, family members and children).  The Board directs the Superintendent of Schools or his/her designee to develop a home-school communications program in an effort to encourage all forms of parent and family engagement.

Title I Parent and Family Engagement – District Level Policy

Consistent with the parent and family engagement goals of Title I, Part A of the federal No Child Left Behind Act of 2001 (NCLB) and its reauthorization in the Every Student Succeeds Act (ESSA), the Board of Education will develop and implement programs, activities and procedures that encourage and support the participation of parents and family members of students eligible for Title I services in all aspects of their child’s education. The Board will also ensure that all of its schools receiving Title I, Part A funds develop and implement school level parent and family engagement procedures, as further required by federal law.

For purposes of this policy, parental involvement refers to the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities.

At a minimum, parent and family engagement programs, activities and procedures at both the District and individual school level must ensure that parents and family members:

  • Play an integral role in assisting their child’s learning;
  • Are encouraged to be actively involved in their child’s education at school; and
  • Are full partners in their child’s education and are included, as appropriate, in decision-making and on advisory committees to assist in the education of their child.

The federal definition of the term “parents” refers to a natural parent, legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare).

District and school level Title I parent and family engagement programs, activities and procedures will provide opportunities for the informed participation of parents and family members including those who have limited English proficiency, parent and family members with disabilities, and parents and family members of migratory children.

As further required by federal law, parents and family members of students eligible for Title I services will be provided an opportunity to participate in the development of the District’s Title I plan, and to submit comments regarding any aspect of the plan that is not satisfactory to them. Their comments will be forwarded with the plan to the State Education Department.

Parents and family members also will participate in the process for developing either a comprehensive or targeted “support and improvement plan” when the school their child attends is identified by the State as needing this plan.

Parent and family member participation in development of District-wide Title I plan

The Board, along with its Superintendent of Schools and other appropriate District staff will undertake the following actions to ensure parent and family member involvement in the development of the District-wide Title I plan:

  • Building level shared decision making committees will work on the development of the Title I plan each spring;
  • On topics as needed, District-wide survey soliciting parent feedback will be distributed via the District listserv;
  • Parents will provide feedback through the District’s shared decision making committees;
  • Parent meeting times will be determined by the shared decision making teams through a consensus process; and
  • Meetings will be held in respective building.

Development of school level parent and family engagement approaches

The Superintendent of Schools will ensure that all District schools receiving federal financial assistance under Title I, Part A are provided coordination, technical assistance and all other support necessary to assist them in planning and implementing effective parent and family engagement programs and activities that improve student achievement and school performance. As appropriate to meet individual local needs, the superintendent will:

  • Support building capacity for parental involvement;
  • Coordinate parental involvement strategies; and
  • Review the District wide parent and family engagement policy annually.

Building capacity for parental involvement

To build parent capacity for strong parental involvement to improve their child’s academic achievement, the District and its Title I, Part A schools will, at a minimum:

  1. Assist parents in understanding such topics as the state’s academic content and standards, state and local academic assessments, Title I requirements, how to monitor their child’s progress and how to work with educators to improve the achievement of their child.  To achieve this objective, the District and its Title I schools will:
  • communicate, via monthly newsletters, information regarding learning experiences and strategies for supporting students at home;
  • communicate academic progress in a consistent manner. Elementary schools will provide trimester progress reports and two annual parent conference days. Secondary school will provide either a progress monitoring and/or progress report every ten weeks;
  • provide quarterly reports to those students receiving additional support services;
  • utilize parent volunteers to support instruction, extra activities and specific events throughout the school year; and
  • provide parents of secondary students access to a live parent portal that includes up to date attendance, discipline and academic achievement data.
     
  1. Provide materials and training to help parents work to improve their child’s academic achievement such as literacy training and using technology (including education about the harms of copyright piracy).  To achieve this objective, the District and its Title I schools will:
  • provide leveled text and or extra copies/textbooks of educational materials;
  • provide curriculum information on the District website;
  • provide curriculum and instructional forums in collaboration with parent groups; and
  • provide literacy programs that encourage daily reading and the use of school and/or public libraries.

    3. Educate its teachers,  specialized instructional support personnel, principals and other school leaders, and other
        staff, with the assistance of parents, in understanding the value and utility of a parent’s contributions and on
        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 schools.

To achieve this objective, the District and its Title I schools will:

  • provide yearly shared decision making training; and
  • meet regularly with members of Partners in Education (PIE), Parent Teacher Student Association (PTSA) and Victor’s Outreach in Children’s Education (VOICE) to seek feedback.
  1. Ensure that information related to school and parent-related programs, meetings and other activities is sent to the parents of children participating in Title I programs in an understandable and uniform format, including alternative formats, upon request, and to the extent practicable, in a language the parents can understand.

Coordination of parental involvement strategies

The District will coordinate and integrate strategies adopted to comply with Title I, Part A parental involvement requirements with parental involvement strategies adopted in connection with other Federal, State, and local programs, including public preschool programs.

Review of the District-wide parental involvement policy

The Board, along with the Superintendent of Schools and other appropriate staff will conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of this parent and family engagement policy in improving the academic quality of Title I schools, including the identification of barriers to greater participation by parents in activities under this policy, and the revision of parent and family engagement policies necessary for more effective involvement.  To facilitate this review, the District will conduct the following activities:

  • gather feedback from shared-decision making groups and Title I parents/guardians; and
  • use the Board of Education’s policy review process to review this policy annually.

Policy References:
20 USC §6318(a)(2), No Child Left Behind Act of 2001 (§1118 of the Elementary and Secondary Education Act)
8 NYCRR §§100.3(b)(3); 100.4(f); 100.5(d)(4); 149.3(16) 
U.S. Department of Education, Parental Involvement, Title I, Part A, Non-Regulatory Guidance, April 23, 2004 

1920 - Relations with Persons with Disabilities

Adoption Date: 8/12/1999, Revised: 10/8/2009 
1000 - Community Relations

1920 Relations with Persons with Disabilities

The Board of Education is committed to providing opportunities for participation in the services, programs and activities of the district to persons with disabilities, equal to that of other persons. The district will fulfill all the requirements of federal and state law and regulation in ensuring access to persons with disabilities.

Policy References:
Americans with Disabilities Act, 42 U.S.C. §12132, et seq.
Rehabilitation Act of 1973, §504 (29 USCA §794)
Rothschild v. Grottenthaler, 907 F2d 286 (2d Cir., 1990) 

1925 - Interpreters for Hearing-Impaired Parents

Adoption Date: 8/12/1999, Revised: 5/12/2016 
1000 - Community Relations

1925 Interpreters for Hearing-Impaired Parents

The Board of Education recognizes that those District parents or persons in parental relationship with hearing impairments, which prevent a meaningful participation in their child’s educational program, must be afforded an opportunity equal to that afforded other parents to participate in meetings or activities pertaining to the academic and/or disciplinary aspects of their child's education. Accordingly, and pursuant to law, the School District will provide an interpreter for hearing-impaired parents for School initiated academic and/or disciplinary meetings or activities including, but not limited to:

  • Parent/teacher conferences
  • Child/study or building level team meetings
  • Planning meetings with school counselors regarding educational progress
  • Career planning
  • Suspension hearings or other conferences with school officials  relating to disciplinary actions

The School District will provide an interpreter for the hearing-impaired parent if a written request for the service has been submitted to and received by the District within 10 working days prior to the scheduled meeting or activity. If an interpreter is unavailable, the District will then make other reasonable accommodations which are satisfactory to the parents (e.g., note taker, transcript, decoder, or telecommunication device for the deaf). These services will be made available by the District at no cost to the parents.

The Board directs the Superintendent of Schools, or his/her designee, to maintain a list of available interpreters and to develop procedures to notify parents of the availability of interpreter services, the time limitation for requesting these services, and of the requirement to make other reasonable accommodations satisfactory to the parents should an interpreter not be available.

Hearing-impaired parents are requested to submit the attached form to request accommodation of their disability.

Policy References:
Americans with Disabilities Act of 1990, 42 U.S.C. §§12131-12134
Rehabilitation Act of 1973, 29 U.S.C. §794
Education Law §3230
8 NYCRR §100.2(aa)
Rothschild v. Grottenthaler, 907 F.2d 286 (2d Cir. 1990) 

2000 - Governance and Operations

2000 - Board Operational Goals

Adoption Date: 12/9/1999, Revised: 1/13/2011 
2000 - Governance and Operations

2000 Board Operational Goals

The Board of Education, as a legally constituted body of elected representatives, bears the responsibility of setting policy for the School District. The Board acts in accordance with authority and responsibility vested in it by federal and state laws, rules, and regulations on behalf of the District's citizens.

In order to ensure that its educational programs provide all students with a high-quality education, the Board hereby establishes as its goals:

1. to ensure that Board actions and performance take into consideration the concerns and aspirations of the community;

2. to ensure the Victor Central School staff considers the educational and technological needs of the community and industry, and to transform such needs into programs aimed at stimulating students and preparing them for future careers;

3. to employ a Superintendent of Schools capable of ensuring that the District maintains its position as an outstanding school system, and that school personnel carry out the policies of the Board with energy and dedication;

4. to provide leadership in order that goals and objectives of the District, as set forth by the Board, can be effectively carried out. Board action should be confined to policy-making, planning and appraisal with the Board delegating authority to the Superintendent for the implementation of policies; and

5. to evaluate annually the Board's performance in relation to these goals, and to establish and clarify policies based upon the results of such evaluation.

2100 - School Board Legal Status

Adoption Date: 8/12/1999, Revised: 12/10/2009 
2000 - Governance and Operations

2100 School Board Legal Status

The legal status of the Board of Education is that of a corporate body established pursuant to the laws of New York State, possessing 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 Board is a seven-member Board elected by the qualified voters of the school district at the annual election as prescribed by law. Each member of the Board serves for three years beginning July 1 following their election. Each term shall expire on the thirtieth day of June of the third year. The terms of office of Board members shall not all expire in the same year. Board members are responsible for school district management and policy-making.

Policy References:
Education Law §§ 1604;1604-a; 1701; 1702; 1703; 1708; 1709; 1710; 1804(1); 2101(2); 2105

2110 - School Board Powers and Duties

Adoption Date: 8/12/1999, Revised: 4/8/2010 
2000 - Governance and Operations

2110 School Board Powers and Duties

The Board of Education is the governing body of the school district. The Board is entrusted with the responsibility of developing policies under which the district is managed.

The powers and duties of the Board are as stated in the Education Law and other applicable New York State law.

Complete and final authority on all district educational matters, except as restricted by law, will be vested in the Board. The Board may also enter into contracts and agreements in conformity with state law.

Policy References:
Education Law §§1604; 1604-a; 1701; 1708; 1709; 1710

Policy Cross References:
 » 2111 - Board Member Authority

2110.1 - School Board Access to Personnel Records

Adoption Date: 8/12/1999, Revised: 11/8/2012 
2000 - Governance and Operations

2110.1 School Board Access to Personnel Records

General

In order to fulfill their duties and responsibilities under law, Board members may seek access to information beyond that which is generally accessible to members of the community. There are a number of ways in which Board members may request and secure records or reports which are deemed necessary in order to fulfill their responsibilities under law:

·         The Board as an entity may request information, which then will be made available for all Board members to review;

·         A single Board member may request certain information and/or reports which he/she can demonstrate is necessary if that Board member’s request has the support of the majority of the Board;

·         In the absence of a majority vote of the Board, a single Board member may still request information if he/she can demonstrate that the requested information is relevant to what the Board is in the process of making a determination about and, under such circumstances will have the right to examine such materials in the manner set forth below.

·         Board members may also request the District’s Record Access Officer to provide or prepare any information or reports, which is otherwise available to members of the general public pursuant to a Freedom of Information Law request.

Personnel Records

Pursuant to Part 84 of  the Regulations of the Commissioner of Education, members of the Board of Education may review employee personnel records only for the purpose of aiding the members to fulfill their legal responsibilities in making decisions in such employee personnel matters as appointments, assignments, promotions, demotions, remuneration, discipline or dismissal, or to aid in the development and implementation of personnel policies, or such other uses as are necessary to enable the Board to carry out legal responsibilities.

Board members may review employee personnel records provided:

1. the Superintendent of Schools is requested in advance to present the file at a regularly scheduled open meeting of the Board;

2. the records are reviewed during an executive session;

3. the personnel records are returned in their entirety to the Superintendent at the conclusion of the executive session; and

4. no reproduction of the record is made and no written notes are taken of the contents of employee personnel records.

Policy References:
Education Law §§1604; 1604--a; 1701; 1708; 1709; 1710
8 NYCRR, Part 84
Gustin v. Joiner, 95 Misc. 2d 277 (1978), aff'd 68 AD2d 880 (1978)
Matter of Bruno, 4 EDR 14 (1964)

Policy Cross References:
 » 9160 - Personnel Records

2111 - Board Member Authority

Adoption Date: 8/12/1999, Revised: 12/10/2009 
2000 - Governance and Operations

2111 Board Member Authority

Members of the Board of Education have legal authority for the conduct of the district schools only when acting as a body in a properly convened meeting of the Board. Board members acting as individuals have no authority over personnel or school affairs. In all cases where laws or regulations of the Commissioner of Education do not otherwise provide, permit or prohibit, the Board shall consider itself the agent responsible for establishing and appraising educational matters and activities. The Board shall take action only on those items appropriate for the Board agenda and which require Board approval.

Members of the Board are free to speak to individuals on these issues outside of Board meetings but such public expression is not to be construed as Board policy. Information from executive sessions must remain confidential at all times, unless release is appropriately authorized. The Board will not be bound in any way by any individual's statement or action unless the Board, through an adopted policy or by a majority vote of Board membership, has delegated this authority to the individual member.

Policy References:
Education Law §§1604; 1701; 1708; 1709; 1710
Matter of Bruno, 4 EDR 14 (1964)

Policy Cross References:
 » 2110 - School Board Powers and Duties

2111.1 - Board Member School Visits

Adoption Date: 3/9/2000, Revised: 2/10/2011 
2000 - Governance and Operations

2111.1 Board Member School Visits

Unless specifically authorized to act on behalf of the Board of Education, an individual Board member has no right to make an official visit to the schools for the purposes of inspecting the schools, gathering information, or giving directions to any employee of the schools. The individual Board member's rights are no greater or different from those of any other individual. As such, individual Board members shall provide advance notice of a school visit to the Building Principal and shall notify the Principal upon entering the building. Concerns or opinions related to the education program in individual school buildings shall be directed to the Superintendent of Schools.

Policy References:
Education Law §1604; 1604-a; 1701; 1708; 1709; 1710 Matter of Bruno, 4 EDR 14 (1964)

Policy Cross References:
 » 2250 - Board Committees

2120 - School Board Elections

Adoption Date: 8/12/1999, Revised: 2/11/2010; 06/09/2016 
2000 - Governance and Operations

2120 School Board Elections

The elections of members of the Board of Education shall be held on the third Tuesday in May, unless due to a conflict with religious observance, the Board requests that the Commissioner approve changing the election date to the second Tuesday in May. The request is due to the Commissioner by March 1st. The polls shall be open for those hours designated by the District. The following items shall be voted upon:

1. the annual budget,

2. any vacancies on the Board of Education, and

3. any special propositions that have been properly presented.

 Candidates for office shall be nominated by a petition directed to the district clerk which is signed by at least twenty-five (25) qualified voters of the district or by two (2) percent of the number of voters in the previous annual election, whichever is greater.

Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place. Electioneering includes the display or distribution of any banner, poster, placard, button, or flyer, on behalf of or in opposition to any candidate or issue to be voted upon.

Policy References:
Education Law §§2012; 2014; 2018; 2018-a; 2019-a; 2031; 2031-a; 2035
Appeal of Giuliano, 37 EDR 572 (1998)
Appeal of Fitzpatrick, 30 EDR 124 (1990)
Appeal of Heidbrink, 29 EDR 192 (1989)
Appeal of Gasparini, 23 EDR 25 (1983)

Policy Cross References:
 » 1050 - Annual District Meeting and Election
 » 1500 - Public Use of School Facilities
 » 6120 - Budget Hearing

2120.1 - Candidates and Campaigning

Adoption Date: 8/12/1999, Revised: 2/11/2010 
2000 - Governance and Operations

2120.1 Candidates and Campaigning

Nominations

Candidates for the office of member of the Board of Education shall be nominated by petition. Such petition shall be directed to the District Clerk, shall contain the signatures and addresses of at least 25 qualified voters of the district or two (2) percent of the voters who voted in the previous election, whichever is greater, and shall state the name and residence of the candidate. Each petition shall be filed with the District Clerk before 5:00 p.m. not later than 30 days preceding the Annual District Meeting and Election at which the candidates so nominated are to be elected.

Vacancies on the Board shall not be considered separate specific offices, and nominating petitions in such case are not to describe any specific vacancy for which the candidate is nominated.

The District Clerk will supervise the procedure used to establish the order of names on the ballot. The Board may reject nominations if the candidate is ineligible or has declared an unwillingness to serve.

Reporting Expenditures

If a candidate’s campaign expenditures exceed $500, the candidate must file a sworn statement with both the district clerk and the commissioner of education itemizing their expenditures and contributions received. The statement must list the amounts of all money or other valuable things paid, given, expended or promised by the candidate, or incurred for or on the candidate’s behalf with his or her approval.

A candidate who spends $500 or less is only required to file a sworn statement with the district clerk indicating this to be the case. No other campaign expenditure statement is required.

An initial statement must be filed at least 30 days before the election, a second statement must be filed on or before the fifth (5th) day preceding the election and a final statement must be filed within 20 days after the election.

Electioneering

Electioneering during the hours of any vote is prohibited within the polling place or within 100 feet of any such polling place. Displays or handout items of any political nature, except those provided by law, shall be prohibited by any individual, group or organization in any school building on those days when the polls are open for voting on school district matters, including, but not limited to, the annual school budget, candidates for the Board of Education, special propositions, etc.

Policy References:
Education Law §§1528; 1529; 2002; 2018

Policy Cross References:
 » 1050 - Annual District Meeting and Election
 » 6120 - Budget Hearing

2120.2 - Voting Procedures

Adoption Date: 8/12/1999, Revised: 3/11/2010; 09/13/2012 
2000 - Governance and Operations

2120.2 Voting Procedures

Eligibility to Vote

A person shall be entitled to register and vote in any School District election and in all matters placed upon the official ballot, if such person is:

1. a citizen of the United States;

2. at least 18 years of age;

3. a resident within the School District for a period of 30 days next preceding the election at which such person desires to vote;

4. qualified to register or is registered to vote in accord with section 5-106 of the Election Law which excludes:

a) those convicted felons who have not been pardoned or had their rights of citizenship restored, those whose maximum sentence of imprisonment has not expired; and/or those who have not been discharged from parole;

b) persons adjudged mentally incompetent by a court; and

5. listed upon current voter registration lists maintained by the local Board of Elections or properly registered to vote within the School District. The Board of Education shall appoint a Board of Registration and shall designate the registration place and hours for District residents.

Challenges to voters believed unqualified to vote may be undertaken pursuant to Education Law provisions. Each annual or special election or meeting shall have a presiding chairman appointed by the Board. Such chairman shall have the responsibility of properly handling any challenges to the qualification of any voter.

Voting

Voting machines shall be used for recording the votes on all elections, budget votes, and votes on special propositions. The only exception to the use of voting machines shall be a situation where the machines are unavailable due to a mechanical failure. If this should arise, paper ballots will be used.

Each voting machine shall have at least two election inspectors appointed by the Board in attendance during all voting hours. It shall be the duty of the District Clerk and assistant clerk or clerks to keep a poll list containing the name and legal residence of each person before such person is permitted to vote.

Election inspectors shall not advise or induce such voter to vote on any proposition or candidate, and if the election inspector were to learn how the individual voted, the election inspector shall never reveal the vote(s) recorded to any other person at any time.

Write-in ballot slots are required. Ballots containing the names of nominated candidates will be provided by the Board. There will be as many write-in slots as there are vacancies at the time of the election.

The writing in of a name in the blank space so provided will sufficiently indicate a vote. The District cannot require a voter to place any other mark beside the name of a write-in candidate.

Absentee Ballots

The Board provides for the use of absentee ballots for voting. Such ballots shall be available for the election of members of the Board of Education, the adoption of the School District budget and on questions and propositions submitted to the voters of the District. The application must be received by the District Clerk at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered.  The application must be completed and returned, and the individual must verify therein that he/she meets all voting requirements, and explain the reason for  his/her inability to appear in person to vote.

In particular, the individual must explain that he/she will be unable to appear to vote in person on the day of the School District election because:

1. he/she will be a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability;

2. his/her duties, occupation, business, or studies will require him/her to be outside of the county or city of his/her residence on such day;

3. he/she will be on vacation outside the county or city of his/her residence on such day; or

4. he/she will be detained in jail awaiting action by a grand jury; awaiting trial; or is confined in prison after conviction for an offense other than a felony.

The District shall request registration lists from the Board of Elections for those voters whose registration record has been marked “permanently disabled” and shall automatically mail absentee ballots to such voters in advance of each District vote or election.

Policy References:
Education Law §§2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2019;
2019-a; 2020; 2025; 2032(2)(e); 2035; 2037; 2603; 2607; 2610; 2613
Election Law §§3-224; 5-106; 5-612; 5-400; 5-406
Matter of Rodriguez, 31 EDR 471 (1992)
Matter of Gresty, 31 EDR 90 (1991)
Matter of Ferro, 25 EDR 175 (1985)
Matter of Manno and Maloney, 23 EDR 172 (1983)
Matter of Yost, 21 EDR 140 (1981)
Matter of Alpert and Helmer, 20 EDR 281 (1980)
Matter of Reigler and Barton, 16 EDR 256 (1977)

2121 - Board Member Qualifications

Adoption Date: 8/12/1999, Revised: 1/14/2010; 12/11/2014 
2000 - Governance and Operations

2121 Board Member Qualifications

The qualifications of a member of the Board of Education are that the individual:

1. must be able to read and write;

2. must be a qualified voter of the District; that is, a citizen of the United States, at least 18 years of age or older, and not adjudged to be an incompetent; (Note: a convicted felon is barred from running for a seat on a Board of Education if his or her maximum prison sentence has not expired or if he or she has not been pardoned or discharged from parole);

3. must be and have been a resident of the School District for at least one year prior to election;

4.  may not have been removed from any School District office within the preceding year;

5.  may not reside with another member of the same School Board as a member of the same family;

6.  may not be a current employee of the School District; and

7.  may not simultaneously hold another incompatible public office.

Policy References:
Education Law §§2102; 2103; 2502(7)
Election Law §5-106(2)-(4), (6)
Rosentock v. Scarinage, 40 N.Y.2d 563 (1976)
Matter of Schoch, 21 EDR 300 (1981) 

2122 - Board Member Oath of Office

Adoption Date: 8/12/1999, Revised: 1/14/2010 
2000 - Governance and Operations

2122 Board Member Oath of Office

Newly elected or appointed Board of Education members must take their constitutional oath of office within 30 days of the beginning of their term of office. They shall be sworn in by Board President, District Clerk or any notary public, and the oath shall be filed with the District Clerk.

Policy References:
Public Officers Law §§10; 30 

2130 - Board Member Resignation

Adoption Date: 8/12/1999, Revised: 3/11/2010 
2000 - Governance and Operations

2130 Board Member Resignation

A member of the Board of Education may resign his/her office by filing his/her resignation with the District Clerk. The effective date of the resignation must be within 30 days of the date of filing.

Policy References:
Education Law §2111
Public Officers Law §31(1)(h) 

2140 - Board Member Removal From Office

Adoption Date: 8/12/1999, Revised: 5/13/2010 
2000 - Governance and Operations

2140 Board Member Removal From Office

A member of the Board of Education may be removed from office for willful violation or neglect of duty, or for willfully disobeying any decision, order or regulation of the Commissioner of Education. Notice of the charge and an opportunity for defense shall be provided. Official misconduct may be grounds for removal by the Board after a hearing.

A vacancy on the Board may also be declared if it is clearly established that a member has failed to attend three consecutive meetings without sufficient excuse or if a member has changed his/her legal residence from that of the school district.

Policy References:
Education Law §§306; 1709; 2109

2150 - Filling Board Vacancies

Adoption Date: 8/12/1999, Revised: 5/12/2011 
2000 - Governance and Operations

2150 Filling Board Vacancies

The Board of Education has the power to fill any vacancy, by a majority vote, which may occur on the Board by reason of death, resignation, removal from office or from the School District, or refusal to serve, of any member or officer of the Board. The person so appointed in the place of any such member of the Board shall hold his/her office until the next annual election of Board members. The person elected or appointed to fill a vacancy takes office immediately upon filing the oath of office. The unexpired term of the office will then be filled by election.

The Board shall have the power to call a special School District election for the purpose of filling the unexpired term of office of a member of the Board.

Policy References:
Education Law §§1709(17); 2113 

2160 - School District Officer and Employee Code of Ethics

Adoption Date: 9/13/2007, Revised: 3/14/2013; 01/11/2018 
2000 - Governance and Operations

2160 School District Officer and Employee Code of Ethics

The Board of Education is committed to avoiding any situation in which the existence of conflicting interests of any Board member, officer or employee may call into question the integrity of the management or operation of the School District. The Board recognizes that sound, ethical standards of conduct serve to increase the effectiveness of District officers and staff as educators and public employees in the community. Adherence to a code of ethics promotes public confidence in the schools and furthers the attainment of District goals.

The Board also recognizes its obligation to adopt a code of ethics setting forth the standards of conduct required of all Board members, District officers and employees under the provisions of the General Municipal Law. Therefore, every Board member, officer and employee of the District, whether paid or unpaid, shall adhere to the following code of ethics.

Statutory Conflicts of Interest

It is a conflict of interest for a Board member, officer or employee to benefit personally from contracts made in their official capacity.

  • “Contract” is defined broadly to include any claim or demand against the District or account or agreement with the District, whether expressed or implied, which exceeds the sum of $750.00 in any fiscal year.
  • An “interest” is defined as a direct or indirect benefit that runs to the employee as a result of a contract with the District.

No Board member, officer or employee shall have an “interest” (i.e., receive a direct or indirect benefit as the result of a contract with the District) in:

  1. a firm, partnership or association in which he/she is a member or employee;
  2. a corporation in which he/she is an officer, director or employee;
  3. a corporation in which he/she, directly or indirectly, owns or controls 5% or more of the stock;
  4. a contract between the District and his/her spouse, minor child or dependents, except for an employment contract between the School District, a spouse, minor child or dependent of a Board member authorized by §800(3) of the General Municipal Law or §3016 of the Education Law.

1. Gifts: A Board member, officer, or employee shall not directly or indirectly solicit any gift, or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part.

However, the Board welcomes and encourages the writing of letters or notes expressing gratitude or appreciation to staff members. Gifts from children that are principally sentimental in nature and of insignificant financial value may be accepted in the spirit in which they are given.

2. Confidential information: A Board member, officer, or employee shall not disclose confidential information acquired by him or her in the course of his or her official duties or use such information to further his or her personal interest. This includes matters discussed in executive session. However, the Board, acting as a whole, may decide to disclose such information where disclosure is not prohibited under the law.

3. Representation before the Board or District: A Board member, officer, or employee shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before the School District.

4. Disclosure of interest in matters before the Board: A Board member, officer, or employee of the District, whether paid or unpaid, must publicly disclose the nature and extent of any interest he/she or his/her spouse has, will have or later acquires in any actual or proposed contract, purchase agreement, lease agreement or other agreement involving the School District (including oral agreements), to the governing body and his/her immediate supervisor (where applicable) even if it is not a prohibited interest under applicable law. Such disclosure must be in writing and made part of the official record of the School District. Disclosure is not required in the case of an interest that is exempted under Section 803(2) of the General Municipal Law.  The term "interest" means a pecuniary or material benefit accruing to an officer or employee.

5. Investments in conflict with official duties: A Board member, officer, or employee shall not invest or hold any investment directly in any financial, business, commercial or other private transaction that creates a conflict with his or her official duties. Exceptions to the conflict of interest law can be found in Section 802 of the General Municipal Law (see 2160-E.1).

6. Private employment: A Board member, officer, or employee shall not engage in, solicit, negotiate for or promise to accept private employment when that employment or service creates a conflict with or impairs the proper discharge of his or her official duties.

7. Future employment: A Board member, officer, or employee shall not, after the termination of service or employment with the District, appear before the Board in relation to any action, proceeding, or application in which he or she personally participated during the period of his or her service or employment or that was under his or her active consideration.

8.  Involvement with charitable organizations: A Board member, officer, or employee may be involved as a volunteer, officer or employee in a charitable organization, which has a relationship with the District. If a Board member is a board member, officer or employee of the charitable organization the Board member must disclose such relationship in writing to the District, and the Board member must recuse himself or herself from any discussions or votes relating to the charitable organization which may come before the Board. When participating in the activities of the charitable organization, the Board member, officer, or employee shall not disclose any confidential information learned in the course of his or official duties or use such information to further personal interests. Additionally, the Board member, officer or employee shall not make representations on behalf of the District unless specifically authorized to do so by the Board.

Distribution of Code of Ethics

The Superintendent of Schools shall cause a copy of this Code of Ethics to be distributed to every member of the Board, every officer and employee of the School District. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his or her office or employment. In addition, the Superintendent shall ensure that a copy of Article 18 of the General Municipal Law shall be kept posted in each public building under the District's jurisdiction in a place conspicuous to the District's officers and employees.

Penalties

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of the Board’s  code of ethics and its regulation may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Policy References:
General Municipal Law, §§806-808
Opn. St. Comp. 2008-01
Application of the Board of Education, 57 EDR Dec. No. 17,147 (2017)
Application of Nett and Raby, 45 EDR 259 (2005)

Policy Cross References:
 » 6700 - Purchasing

2170 - Board Member Conflict of Interest

Adoption Date: 8/12/1999, Revised: 2/11/2010 
2000 - Governance and Operations

2170 Board Member Conflict of Interest

The members of the Board of Education shall avoid acting in circumstances where their personal interest conflicts with that of the public whose interest they have been elected to represent. The actions of the Board shall be governed by the applicable provisions of the General Municipal Law, any other applicable law and the code of ethics established pursuant to Board Policy 2160.

Policy References:
Education Law §§2103; 2502(7); 2590-c; 2590-g; 2590-j(4); 3016
General Municipal Law §§800 et seq.
Local Finance Law §60.10

Policy Cross References:
 » 9120.1 - Conflict of Interest

2210 - Board Organizational Meeting

Adoption Date: 3/9/2000, Revised: 10/10/2013; 09/10/2015, 08/11/2016, 08/10/2017 
2000 - Governance and Operations

2210 Board Organizational Meeting

The Board of Education recognizes its obligation to hold an annual organizational meeting. The purpose of the organizational meeting is to elect officers of the Board and make the proper appointments and designations of other District employees for the proper management of the School District during the school year. The Board shall also perform such annual functions as are designated by law.

The Board will hold its annual organizational meeting on the first Tuesday in July. If that day is a legal holiday, the Board will hold the meeting on the first Wednesday in July. The Board may alternately hold the meeting on a date during the first 15 days in July that is not a legal holiday.

The District Clerk shall call the meeting to order, and shall preside until the election of a new president. The order of business to be conducted at the organizational meeting shall include items required or implied by state law and/or regulation. The Board may also conduct general District business, including properly entering into executive session, if necessary, at the end of the meeting before adjourning.

I. Oath of Office

The District Clerk shall administer and countersign the oath of office to newly-elected Board members. Such oath shall conform to Article XIII-1 of the New York State Constitution, and Section 10 of the Public Officers Law. No new Board member shall be permitted to vote until he/she has taken the oath of office.

The Superintendent shall sign the oath of office.

II. Election of Board Officers

The Board shall elect a president and vice-president for the ensuing year, and administer the oath of office to them. A majority of all members of the Board shall be necessary for a valid election.

III. Appointment of District Officers
     The Board shall appoint the following District officers:

  • District Clerk
  • District Treasurer
  • Tax Collector
  • Claims Auditor

The officers may sign the oath at the convenience of the Superintendent.

IV. Appointment of Other Positions
     The Board shall appoint the following positions:

  • School Physician
  • School Attorney
  • Attendance Officer
  • School Purchasing Agent
  • Insurance Consultant
  • External Auditor
  • Internal Auditor
  • Records Access Officer
  • Records Management Officer
  • Asbestos (LEA) Designee
  • Title IX/Section 504 Hearing Officer(s)
  • Committee on Preschool Special Education
  • Committee on Special Education
  • Treasurer – Extra Classroom Activities Account
  • Dignity Act Coordinators
  • Designated Education Official

V. Bonding of Personnel

  • $100,000 coverage endorsement from a blanket bond for each employee
  • $1 million policy for District Treasurer, Tax Collector, and Claims Auditor
  • $500,000 coverage from faithful performance bonds for Accounts Payable Clerk, Payroll Clerk, School Business Administrator

VI. Designations
     The Board shall designate/approve:

  • official depositories for District funds
  • official District newspaper(s)
  • the day and time of regular meetings
  • the day and time of the organizational meeting of the following school year
  • the rate for mileage reimbursement

VII. Authorizations

  • of a person to certify payroll
  • of contracts for student services (such as health), and tuition contracts, when necessary
  • of attendance at conferences, conventions, workshops, etc., with designated expenses
  • to establish petty cash funds (and to set amount of such funds)
  • to designate authorized signatures on checks
  • of Board and District memberships in professional organizations
  • to offer School District employee and officer indemnification under Public Officer’s Law §18
  • of positions entitled to use District-owned cell phones
  • of Board representative(s) for appointing Impartial Hearing Officers
  • of Superintendent of Schools to approve budget transfers, and the monetary limits of such transfers

VIII. Other Items

  • School Business Administrator and District Treasurer to execute wire transfers of District funds
  • Superintendent to employ staff members pending Board approval at its next regular meeting
  • District to participate in all BOCES Cooperative and County Bids for the current school year
  • Superintendent and the School Business Administrator or Treasurer to jointly confer, and then invest – if deemed appropriate – such portions of the District money available for time deposit accounts, certificates of deposit, short term government securities, or other investments permitted by law
  • Superintendent to apply for State and Federal Grants in Aid
  • Board of Education members to attend conferences, conventions and workshops with expenses paid by the School District
  • Superintendent to purchase consultant and professional services
  • Director of Human Resources, or (alternate) School Business Administrator to sign Civil Service Reports of Personnel Change
  • establish compensation rate for Board of Elections and Board of Registration
  • appoint Board of Registration
  • establish substitute rates
  • The Board shall review its policies.
  • The Board shall review the following policies on Investments (6240), Purchasing (6700), Code of Conduct (5300), and Parental Involvement (1900) as required by law.
  • The Board shall review building-level student attendance data as required under Commissioner’s Regulations section 104.1, and if the data shows a decline in attendance rates, shall review its policy on Attendance (5100).
  • Adopt District-level School Safety Plan and Building-level Safety Plan.
  • Annual Professional Performance Review (APPR) Principal/Teacher Lead Evaluator Resolution.
  • Civil Service Standard Work Hours Resolution.

The Board shall conduct general business at this meeting before it adjourns, if it so desires.

Policy References:
New York State Constitution, Article XIII, §1
General Municipal Law §103(2) 
Public Officers Law §§10; 13; 30
Education Law §§305(31); 701; 1707; 1904; 2130; 2504; 1723a
8 NYCRR§104.1

Policy Cross References:
 » 2220 - Board Officers
 » 2230 - Appointed Board Officials
 » 2270 - School Attorney
 » 2310 - Regular Meetings
 » 5100 - Attendance Policy
 » 5252 - Student Activities Funds Management
 » 5300 - Code of Conduct
 » 6240 - Investments
 » 6650 - Claims Auditor
 » 6680 - Internal Audit Function
 » 6700 - Purchasing
 » 8130 - School Safety Plans and Teams

2220 - Board Officers

Adoption Date: 1/13/2000, Revised: 10/13/2016 
2000 - Governance and Operations

2220 Board Officers

The President and Vice-President of the Board of Education shall be elected by members of the Board at the annual reorganization meeting in July.

Duties of the President of the Board

The duties of the President of the Board shall be as follows:

1. to preside at all meetings;

2. to call special meetings he/she considers necessary or on request of one member of the Board;

3.  to appoint committees with the advice of fellow Board members;

4.  to act as an ex-officio member of all committees;

5.  to execute all documents on behalf of the Board; and

6.  to perform the usual and ordinary duties of the office.

Duties of the Vice-President

The Vice-President shall assume all the duties of the President in his/her absence.

Policy References:
New York State Constitution, Article 13 §2
Local Finance Law §2.00(5)(e)
Education Law §§1709; 2105(6); 2502; 2504; 2553; 2563; 2590-b 

2230 - Appointed Board Officials

Adoption Date: 1/13/2000, Revised: 10/13/2010; 12/12/2013 
2000 - Governance and Operations

2230 Appointed Board Officials

District Clerk

The Board of Education shall annually appoint a District Clerk. Such appointment shall continue until the next organizational meeting, or until a successor has been appointed. The salary of the District Clerk shall also be fixed annually at the organizational meeting. The District Clerk shall:

1. have working knowledge of the state Education Law concerning the office of the District Clerk, such as the laws governing procedures for annual district meetings and elections, candidates' petitions and qualifications, teacher tenure hearings, etc.;

2. verify and sign official documents;

3. maintain the voter registration list and oversee the maintenance of the voter registration books;

4. conduct the annual District election, budget votes, and special District referendum;

5. notify the Town Clerk(s) of the results of all elections and school district votes;

6. give official notice to persons duly elected or appointed to office;

7. take the oath of office of new members of the Board;

8. prepare and coordinate items for the Annual Reorganizational Meeting of the Board;

9. assist the Superintendent in matters pertaining to the care of the Board's records and documents;

10. be the custodian of the records of the School District for Freedom of Information Law purposes, and public access to records;

11. maintain and update the policy manual of the Board, adding and distributing material to the Board and administration after Board action;

12. file all correspondence and records relating to matters of the School District, involving the Board;

13. keep and file all information regarding special committees of the Board;

14. act as a secretarial liaison between Board, administration, town, and village governments, Chamber of Commerce, library and residents of the School District;

15. prepare and arrange publication of legal notices pertaining to the District business and meetings, as required by law;

16. act as liaison to the local media which he/she provides reporter with meeting notices and follows up on the Board releases;

17. attend all public meetings of the Board (regular and special) as well as public hearings of the Board and, when requested:

a. record minutes,

b. handle follow-up correspondence,

c. transcribe and distribute completed minutes;

18. receive, copy, distribute, follow-up and file all incoming correspondence of Board members and keep administration and attorney appraised of correspondence relating to specific situations;

19. handle all outgoing correspondence of the Board President as well as the other members of the Board;

20. receive and answer telephone requests from school Board members, administration, the school attorney, and the community whenever necessary;

21. process registrations for Board members attending various seminars and workshops, make travel arrangements for Board members on Board-related trips, and process expense accounts;

22. process all purchase orders for supplies and services relating to the Board;

23. prepare the expenses of the District meetings, the District Clerk, and Board for the annual budget;

24. participate in the handling of bond sales to ensure successful completion;

25. have a working relationship with School District attorney;

26. receive subpoenas and claims against the School District as well as process appeals to the Commissioner of Education; and

27. perform any other work requested of him/her by the Board or the Superintendent.

District Treasurer

The District Treasurer is appointed annually by the Board at the organizational meeting and shall serve until the next organizational meeting, or until a successor has been appointed. The District Treasurer shall perform such duties imposed upon the office by statute or law:

1. to act as custodian of all monies belonging to the School District and lawfully deposit these monies in the depositories designated by the Board;

2. to pay all authorized obligations of the District as directed;

3. to maintain proper records and files of all checks and approved payment of bills and salaries;

4. to make all such entries and post all such financial ledgers, records and reports as may be properly required to afford the district an acceptable and comprehensive financial accounting of the use of its monies and financial transactions;

5. to report, at least monthly, to the Board the state of all accounts;

6. to sign all checks drawn on District fund accounts, including those for which facsimile signatures have been approved; and

7. to perform such other duties as may be assigned to the office by the Board.

The District Treasurer shall file a bond for the faithful performance of his/her duties, or be covered under a blanket undertaking pursuant to policy 2210, V.

Tax Collector

The Tax Collector is appointed annually by the Board at the organizational meeting and shall serve until the next organizational meeting, or until a successor has been appointed. The Tax Collector shall be covered by a bond. It shall be the responsibility of the District Tax Collector to perform the following duties:

1. to coordinate the preparation and mailing of tax notices;

2. to use suitable printed tax receipt forms as prescribed by the State Tax Commission;

3. to collect 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;

4. to turn over daily to the School District Treasurer all money collected by virtue of any tax list and warrant issued;

5. to submit a report, certified by him/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;

6. to turn over to the County Treasurer, prior to November 15, a list of unpaid taxes; and

7. to carry out such other duties of the position as prescribed in the Education Law or as established by the Regulations of the Commissioner of Education.

The Tax Collector shall file a bond for the faithful performance of his/her duties, or be covered under a blanket undertaking pursuant to policy 2210, V.

Treasurer – Extra Classroom Activities Account

The Treasurer – Extra Classroom Activities Account is appointed annually by the Board at the organizational meeting and shall serve until the next organizational meeting, or until a successor has been appointed. The Treasurer – Extra Classroom Activities Account is responsible for the supervision of the school activities funds.

Duties include the following:

1. countersign all checks disbursing funds from the School Activities Account;

2. provide general supervision to ensure that all receipts are deposited and that disbursements are made by check only;

3. maintain records of all receipts and expenditures;

4. submit records to the Board as required; and

5. other duties customary to the position.

Attendance Officer

The Attendance Officer shall be appointed annually by the Board at the organizational meeting and shall serve until the next organizational meeting, or until a successor has been appointed. In handling attendance areas within the District, the Attendance Officer is expected to place his/her emphasis on the prevention of problems which cause children to stay out of school.

The duties and functions of the Attendance Officer and/or his/her designee are as follows:

1. work closely with the school nurse(s), using attendance software, to determine the cause of absences (health or other). Check excuses that do not seem authentic;

2. cooperate with guidance staff and Building Principals in identifying and helping potential drop-outs;

3. assist Principals in the administration of the school attendance regulations;

4. keep case studies on habitual truants and refer, if need be, to the proper agency; and

5. cooperate with such agencies as deemed appropriate in promoting school attendance and the general welfare of the students.

The Board may appoint, fix the term, and fix the compensation of such other officials as may be necessary for its proper functioning.

Policy References:
Education Law §§902; 2121; 2122; 2130

2240 - Board-Superintendent Relationship

Adoption Date: 1/13/2000, Revised: 10/13/2011 
2000 - Governance and Operations

2240 Board-Superintendent Relationship

The Board of Education is accountable for all pursuits, achievements and duties of the School District. The Board's specific role is to deliberate and to establish policies for the organization. The Board holds the Superintendent responsible for the administration of its policies, the execution of Board decisions, the operation of the internal machinery designed to serve the educational programs and for keeping the Board informed about District operations and problems.

1. With respect to School District goals and objectives, the Board will establish broad guidelines which must be observed in the development of further policy and action. The Board reserves the right to issue either restrictive or general policy statements.

2. Generally, the Superintendent will be empowered to:

a. assign and use resources;

b. employ, promote, discipline and deploy staff;

c. translate policies of the Board into action;

d. speak as agent of the Board;

e. organize and delegate administrative responsibilities; and

f. exercise such other powers as are customary for chief executives.

3. 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 which limit the Superintendent's authority.

4. Should the Superintendent or his/her 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.

5. When law or other authority calls for Board approval of decisions that the Board has delegated to the Superintendent, Board approval may be routinely given if those decisions have been made within the limits of Board policies.

2250 - Board Committees

Adoption Date: 3/9/2000, Revised: 9/9/2010 
2000 - Governance and Operations

2250 Board Committees

The Board of Education and/or the President of the Board may, from time to time, establish committees for the purpose of undertaking a specific assignment in connection with Board activity. The President of the Board shall serve as an ex-officio member of all committees to which he/she is not appointed. Board committees shall undertake studies and make reports as charged by the Board, but shall not act on behalf of the Board.

The Board may establish standing or ad hoc committees and reserves the right to terminate any committees at any time. All committees shall be discharged upon the completion of their assignment.

Standing and/or ad hoc committees may be appointed to study and to recommend a course of action in response to department, building or district needs. The composition of each committee shall reflect its purpose and each committee shall have a clear assignment. 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.

All committees and/or sub-committees of the Board must abide by the provisions of the Open Meetings Law. Such committees must meet publicly, go into executive session only on a motion and only for one of the permitted topics, give advance notice of meetings, make public minutes and otherwise comply with all requirements of the Open Meetings Law.

Any official policy-level action shall be in the sole discretion of the Board. The Board is in no way obligated to follow committee recommendations. The Board has the right to accept, reject, or modify all or any part of a committee recommendation.

Policy Cross References:
 » 2260 - Citizens Advisory Committees

2260 - Citizens Advisory Committees

Adoption Date: 1/13/2000, Revised: 1/12/2012 
2000 - Governance and Operations

2260 Citizens Advisory Committees

The Board of Education recognizes that it can beneficially use the talents, resources, and interests available among District residents to assist in developing the programs needed for the maintenance of a quality educational program in the schools of the District. To that end, the Board shall, at its discretion and in accordance with state law and regulation, appoint Citizens Advisory Committees of representative residents of the District to meet with the Board to provide advice and reaction about important matters before the Board which may have special significance for the community.

Each citizens committee organized by the Board shall be appointed and discharged by official Board resolutions. Resolutions appointing such committees shall state specifically the scope of the work of the committee.

Appointments to Citizens Advisory Committees shall be on the basis of interest, experience, expertise, and concern. No one shall be appointed as a representative of a specific group or area, unless it is the express purpose of the Board to have all areas of the community represented, in which case the Board will, in its discretion, appoint representative members of every such group or area. The Board shall make every effort to form a committee that is representative of the entire community.

Committees shall report all suggestions and recommendations to the Board and Superintendent of Schools prior to public release. Final reports shall be delivered to the Board at a meeting scheduled by the Board to receive the report.

The Board may accept, reject, or return committee recommendations for further study. Any action stemming from committee reports is the responsibility of the Board. Publicity, or the release of information, concerning committee findings shall be the responsibility and the prerogative of the Board. Advisory committees shall be discontinued upon completion of their assignment(s).

Policy References:
Education Law §§4402; 4601
8 NYCRR §135.3(2)

Policy Cross References:
 » 2250 - Board Committees
 » 4315.1 - AIDS Instruction
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 6110 - Budget Planning

2265 - Shared Decision-Making and School-Based Planning

Adoption Date: 1/13/2000, Revised: 2/11/2010 
2000 - Governance and Operations

2265 Shared Decision-Making and School-Based Planning

The Board of Education encourages the participation of the community in improving education in our schools. In accordance with the regulations of the Commissioner, the Board has adopted a plan for the effective participation of parents, teachers, administrators and the Board in shared decision-making at the building level. This plan specifies:

1. the educational issues which will be subject to decision sharing and cooperative planning at the school level;

2. the manner and extent of the expected involvement of all parties;

3. the means and standards by which all parties will evaluate improvement in student achievement;

4. the means by which all parties will be held accountable for the decisions made;

5. the process whereby disputes will be resolved at the local level; and

6. the manner in which all state and federal requirements for the involvement of parents in planning and decision-making will be coordinated with and met by the overall plan.

A copy of the Plan for Participation by Teachers and Parents in School-Based Planning and Shared Decision-Making shall be available on the District's website, at each school and at the central district office; individual copies of the plan will be provided upon request.

Every two years, the Board shall review the plan to determine its effectiveness and to recertify or amend the plan, as needed. Any amendment or recertification of the plan will be developed and adopted in accordance with section 100.11 of the Regulations of the Commissioner.

The amended or recertified plan together with a statement of the plan's success in achieving its objectives, shall be submitted to the Commissioner of Education for approval no later than February 1st of each year in which biennial review takes place. The first such review shall have been submitted to the Commissioner no later than February 1, 1996.

2270 - School Attorney

Adoption Date: 1/13/2000, Revised: 8/11/2011 
2000 - Governance and Operations

2270 School Attorney

The Board of Education shall retain legal counsel who shall be appointed at the Annual Organizational Meeting of the Board of Education. The President of the Board, or the Superintendent of Schools or his/her designee, may contact the counsel on legal matters affecting the operation of the School District.

The Attorneys must be admitted to the bar of New York State. The Attorneys will be the legal advisors to the Board. In that capacity, the Attorneys’ duties will be:

1. to advise the Board with respect to all legal matters relating to the District, including, but not limited to, interpretation of the Education Law of the State of New York, and all other statutes, ordinances, rules or regulations affecting the District;

2. to be easily accessible to the Board and the Superintendent of Schools (and, at the discretion of the Superintendent, to his/her administrative staff), with respect to legal matters issuing out of the day-to-day administration of the District;

3. to review and to represent the District in the preparation of contracts, as requested by the District (other than the contract for school attorney services);

4. to advise and assist in matters of litigation pursuant to the retainer agreement;

5. to review the legality of select policies or regulations to be adopted by the Board;

6. to review and advise with respect to any process served upon the District; and

7. to recommend the retainment of such special counsel as he or she may deem necessary in the circumstances, subject to the approval of the Board.

The selection of the School Attorneys shall be carried out in accordance with state law and regulation, as well as Board policy.

Policy Cross References:
 » 2210 - Board Organizational Meeting

2310 - Regular Meetings

Adoption Date: 1/13/2000, Revised: 2/14/2013 
2000 - Governance and Operations

2310 Regular Meetings

In order to perform its duties in an open and public manner, and in accordance with state law, the Board of Education shall hold regular business meetings once a month.

The time, dates and place of regular Board of Education meetings shall be established at the annual organizational meeting (but may be modified at subsequent meetings of the Board). In the event that the day appointed for a regular meeting falls on a legal holiday, the meeting shall be rescheduled. All regular Board meetings are open to the public, and meeting facilities shall provide access to persons with disabilities.

Board members are permitted to participate in Board meetings via videoconferencing, in accordance with state law. Any site where videoconferencing is to take place must be open to the public. The District will comply with applicable notice requirements (see policy 2340).

In addition to the members of the Board, the following individuals will regularly attend the business meetings of the Board: the Superintendent of Schools, the Assistant Superintendent, the District Clerk, and other specified personnel as deemed necessary.

Policy References:
Public Officer’s Law §§102, 103, 104

Policy Cross References:
 » 2210 - Board Organizational Meeting
 » 2340 - Notice of Meetings

2320 - Special Meetings

Adoption Date: 8/12/1999, Revised: 10/8/2009 
2000 - Governance and Operations

2320 Special Meetings

In an effort to anticipate and respond to special circumstances which may arise during district operations, any member of the Board of Education may call special and/or emergency meetings of the Board. Notice of such meetings will be given at least 24 hours before the date of the meeting to every Board member. If less than a week in advance, public notice of the meeting will be given to the extent practicable.

If, in an emergency, a special meeting is held before the 24-hour notice can be given, each member may be asked to sign a waiver of notice. A statement regarding the time of notice and signature of such forms shall be entered in the minutes.

No other business may come before the Board at a special meeting except those items listed in the legal notice of the meeting.

Policy References:
Education Law §§1606; 2504; 2563
Open Meetings Law, Public Officers Law §§100 et seq. 

2330 - Executive Sessions

Adoption Date: 8/12/1999, Revised: 9/13/2012; 01/11/2018 
2000 - Governance and Operations

2330 Executive Sessions

The Board of Education may hold executive sessions at which only the members of the Board or persons invited by the Board shall be present. However, the executive session is only available for the purpose of discussion, and except as the law allows, formal action must be taken in an open session.

Executive sessions can be requested by any member of the Board or the Superintendent of Schools.

A Board member must make a motion during an open meeting to convene in executive session. Upon a majority vote of its members, the Board may convene in executive session at a place which the Board President or said members may designate within the District to discuss the subjects enumerated below. Matters which may be considered in an executive session are:

  1. matters which will imperil the public safety if disclosed;
  2. any matter which may disclose the identity of a law enforcement agent or informer;
  3. information relating to a current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed;
  4. discussions regarding proposed, pending or current litigation;
  5. collective negations pursuant to Article 14 of the Civil Service Law (the Taylor Law);
  6. the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation;
  7. the preparation, grading or administration of examinations; and
  8. the 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.

The vote to go into executive session shall be detailed enough to allow the public to understand the topic the board will be discussing, without disclosing specifics. Discussion in executive session shall be limited to the topic(s) identified in the motion.

A Board may not take action in executive session except to vote on disciplinary charges against a tenured teacher.

Individual Board members, acting on their own, shall not disclose matters discussed in executive session. However, the Board, acting as a whole, may decide to disclose such information where disclosure is not prohibited under the law.

Minutes shall be taken at executive sessions of any action that is taken by a formal vote and should consist of a record or summary of the final determination of such action and the date and vote thereon, provided, however that such summary shall not include any matter which is not required to be made public by the Freedom of Information Law. Minutes taken shall be available to the public within one week from the date of the executive session.

Policy References:
Education Law §1708(3); 
Public Officers Law §§100 et seq.
Application of the Board of Education, 57 EDR Dec. No. 17,147 (2017)
Application of Nett and Raby, 45 EDR 259 (2005)
Formal Opinion of Counsel No. 239, 16 EDR 457 (1976) 

2340 - Notice of Meetings

Adoption Date: 8/12/1999, Revised: 10/8/2009; 03/14/2013 
2000 - Governance and Operations

2340 Notice of Meetings

For all regular and scheduled special meetings of the Board of Education, the District Clerk shall give adequate notice to all members and to the community.

If a meeting is scheduled at least a week in advance, notice will be given to the public and news media at least 72 hours prior to the meeting. A special meeting may be called upon 24-hour notice to Board members.

When a meeting is scheduled less than a week in advance the Board shall provide public notice to the extent practicable. Said notice shall be conspicuously posted in one or more designated public locations, including the District’s website.

If a Board member intends to participate in a Board meeting via videoconference, the public notice of the meeting will indicate that videoconferencing will be used, specify the location(s) for the meeting and state that the public may attend at any of the locations.

Policy References:
Open Meetings Law, Public Officers Law §§100 et seq. 
Education Law §§1606; 1708; 2504; 2563 

2342 - Agenda Preparation and Dissemination

Adoption Date: 1/13/2000, Revised: 8/17/2010; 09/13/2012 
2000 - Governance and Operations

2342 Agenda Preparation and Dissemination

The agenda and preparation for meetings shall be the responsibility of the Superintendent of Schools with the approval of the Board of Education President. The agenda shall be prepared for each Board meeting according to the order of business, to facilitate orderly and efficient meetings, and to allow Board members sufficient preparation time.

Items of business may be suggested by any Board member, District employee, parent, student, or other member of the public, and must relate directly to District business. The inclusion of items suggested by District employees, parents, students or other members of the public shall be at the discretion of the Superintendent, subject to the approval of the Board President.

Persons suggesting items of business must submit the item to the Superintendent at least 14 days prior to a regular meeting and 7 days prior to a special meeting. Items will not be added to the agenda later than these time periods, unless the item is of an emergency nature and authorized by the Superintendent in consultation with the Board President.

Individuals wishing to be heard at a Board meeting shall advise the Superintendent in advance. Items of business introduced from the floor will not be acted upon at the same meeting.

The agenda shall specify whether the item is an action item, a consent item, a discussion item or an information item.

The agenda and any supporting materials will be distributed to Board members five days in advance of the Board meeting, if possible, to permit careful consideration of items of business. The agenda and supporting material to be discussed at the Board meeting that is permissible to be released to the public will be posted on the District’s website, to the extent practicable, two days before the meeting. In addition, the agenda will be released to the news media including local newspapers, radio stations and television stations in advance of the meeting. The agenda and supporting material to be discussed at the Board meeting that is permissible to be released to the public will also be available in the Superintendent’s office two days before the meeting and at the Board meeting to anyone who requests a copy. The District Clerk shall be responsible for ensuring that the agenda is available to the public and the media.

Policy References:
Public Officers Law 103(e)

Policy Cross References:
 » 2350 - Board Meeting Procedures
 

2350 - Board Meeting Procedures

Adoption Date: 1/13/2000, Revised: 8/9/2012; 02/04/2016 
2000 - Governance and Operations

2350 Board Meeting Procedures

Each Board of Education meeting shall be conducted in an orderly manner which provides time for and encourages community involvement. The order of business at each regular meeting shall be as follows:

1. Meeting Called to Order

a. Moment of Silence

b. Pledge to the Flag

c. Greetings to Visitors

d. Reading of the Fire Evacuation Procedure

2. Approval of the Agenda

3. Presentations/Recognitions (optional)

4. Public Participation

5. Acceptance of Consent Items

a. Minutes of prior meeting(s)

b. Treasurer's Report and Financial Statements

c. Personnel Agenda

d. Recommendation of the Committee on Preschool Special Education and of the 
    Committee on Special Education

e. Other

6. Presentations/Superintendent's Reports and Recommendations

7. Meeting Reports

8. Public Comment

9. Upcoming Events

10. Adjourn

The regular order of business may be changed at any meeting (and for that meeting only) by an affirmative vote of a majority and voting for the proposed change in the regular order of business.

Except in emergencies, the Board shall not attempt to decide upon any question under consideration before examining and evaluating relevant information. The Superintendent shall be given an opportunity to examine and to evaluate all such information, and to recommend action before the Board attempts to make a decision.

The Board may adjourn a regular or special meeting at any place in the agenda providing that arrangements are made to complete the items of business on the agenda at a future meeting. The minutes shall make notice of the adjournment, and the reconvened session shall be considered an addition to these minutes.

Policy Cross References:
 » 2342 - Agenda Preparation and Dissemination

2351 - Quorum

Adoption Date: 1/13/2000, Revised: 5/13/2010 
2000 - Governance and Operations

2351 Quorum

A majority of the members (four members) of the Board of Education shall constitute a quorum for the transaction of the business of the Reorganizational Meeting, a regular or special meeting. Final action on any resolution shall be valid only upon vote of the majority of the total membership of the Board. In the case of a meeting at which just a majority of the Board members is present, final action on resolutions cannot be taken except by affirmative vote of all those Board members constituting the majority.

Should there be fewer than four members of the Board present at a regular meeting, a time for the new meeting shall be set by the members present and such meeting shall be deemed a regular meeting. Notice of rescheduled meetings shall be given to absent members pursuant to Policy 2340, Notice of Meetings.

2352 - Rules of Order

Adoption Date: 1/13/2000, Revised: 8/17/2010; 03/08/2018 
2000 - Governance and Operations

2352 Rules of Order

The business of the Board of Education shall be conducted in accordance with the following principles:

1. laws applicable to School Board procedure will be observed;

2. rules of the Board shall then have precedence; and

3. finally, authoritative principles of parliamentary procedure as found in Robert's Rules of Order, Newly Revised shall govern.

The objective of using Robert's Rules of Order, Newly Revised shall be to give the Board guidance and reference in its “procedure.” It shall not be the objective of the Board to use Robert's Rules of Order, Newly Revised to become enmeshed in the fine details of procedures.

2360 - Minutes

Adoption Date: 1/13/2000, Revised: 9/11/2014 
2000 - Governance and Operations

2360 Minutes

The Board of Education believes that open and accurate communication regarding its internal operations enhances the District's public relations program and provides a record of the District's progress towards its annual goals. Therefore, the Board will maintain a complete and accurate set of minutes of each meeting, in accordance with law.

The minutes shall constitute the official record of proceedings of the Board and shall be open to public inspection within one week of executive sessions and within two weeks of all other meetings. Minutes which have not been approved by the Board within this time frame shall be marked, "unapproved." The unapproved minutes of each meeting are to be forwarded to each member of the Board not later than the time the agenda for the next meeting is disseminated.

The District Clerk shall be responsible for taking the minutes, or in his/her absence, by the Superintendent of Schools or his/her designee. All motions, proposals, resolutions, and any other matters formally voted upon by the Board shall be recorded in Board minutes. The minutes shall conform to an established format.

If a Board member is not present at the opening of a meeting, the subsequent arrival time of such member shall be indicated in the minutes.

Policy References:
Open Meetings Law, Public Officers Law §§100 et seq.
Freedom of Information Law, Public Officers Law §§84 et seq.
Education Law §2121 

2382 - Broadcasting and Taping of Board Meetings

Adoption Date: 1/13/2000, Revised: 10/13/2011 
2000 - Governance and Operations

2382 Broadcasting and Taping of Board Meetings

As a meeting of a public body, School Board meetings are open to the public so that people can witness and observe the decision making process. To further reach members of the community who may not be able to attend, meetings open to the public shall be open to being photographed, broadcast, and/or webcast.

The use of any photography, broadcast, recording equipment or other such device to allow for the broadcasting or recording of public meetings of the Board of Education, or a committee appointed thereby, is permissible as long as the device is unobtrusive and will not distract from the true deliberative process of the Board.  The Board President or chairperson of the committee shall be informed prior to the meeting that such recordings are being made.  The Board President, in turn, will inform attendees at the opening of the meeting.

The Board reserves the right to direct that a digital recording be made to ensure a reliable, accurate, and complete account of Board meetings.

Policy References:
Open Meetings Law, Public Officers Law §§100 et seq.
Committee on Open Government, Model Rules: Public Access to Meetings of Public Body, http://dos.state.ny.us/coog/modelregs_photo_record_broadcast.html
Mitchell v. Board of Education of Garden City UFSD, 113 AD2d 924 (1985)
People v. Ystueta, 99 Misc 2d 1105(1979)
Feldman v. Town of Bethel, 106 AD 2d 695 (1984) 

2390 - Board Hearings

Adoption Date: 1/13/2000, Revised: 2/10/2011 
2000 - Governance and Operations

2390 Board Hearings

The Board of Education shall schedule public hearings in accordance with the law and on occasions when it wishes to gather information and seek opinions on important issues affecting the School District. The Board shall take no formal action at a public hearing.

The time and place of the hearings shall be designated in the notice of the hearing. All interested persons or their representatives shall have an opportunity to present facts, views, or arguments relative to ideas or proposals under consideration.

At the beginning of each hearing the Board may present information on the topic of the hearing. Speakers shall be required to give their name and address. Non-residents do not have the privilege of speaking at public hearings except when permission is granted by the chair.

Speakers at public meetings, generally, will be limited to three minutes for their presentation. However, this time limit may be adjusted by the chair if the size of the audience or the number of requests to speak is small and an increase in the time would not unduly extend the length of the hearing. Any adjustment in time shall apply to all speakers from the audience.

Any speaker who is out of order may be cautioned by the chair. If such remarks or behavior persists, the speaker's privilege to address the Board may be terminated.

2410 - Formulation, Adoption and Amendment of Policies

Adoption Date: 1/13/2000, Revised: 11/12/2015 
2000 - Governance and Operations

2410 Formulation, Adoption and Amendment of Policies

The Board of Education is responsible for adopting and assessing the effectiveness of the written policies by which the District is governed. The Board recognizes that written policies are essential to District governance in that they:

·         Govern effectively and efficiently across time, situations, and individuals.

·         Provide the foundation and guidance for administrative action.

·         Publicize the federal, state, and local rules that govern the District.

·         Help to evaluate progress by including measurable outcomes.

Development

The Board is committed to developing written policies which:

·         Clearly define the District’s goals and objectives and reflect the Board’s vision.

·         Define roles and responsibilities and identify who is responsible for what.

·         Provide the Superintendent and District staff with clear guidance regarding expected District administration.

·         Allow for flexibility that is needed for day-to-day operations.

·         Include measurable outcomes.

Any member of the Board, District staff, students, parents, District taxpayers or other member of the public may identify policy issues. Such issues shall be identified to the Superintendent of Schools. The Superintendent shall be responsible for submitting policy issues to the Board for consideration and for keeping a record of all policy initiatives submitted to the Board.

Before acting on any proposed policy, the Board will assemble the relevant facts, receive recommendations from individuals and groups who will be affected by the policy, and discuss, debate and decide on the substance of the policy in an open meeting. The Superintendent shall be responsible for identifying the individuals and groups who will be affected by the policy.

The Superintendent shall be responsible for preparing a written draft of all proposed policies. When reviewing the contents of a proposed policy, the Board will consider whether the proposed policy:

·         Is within the scope of the Board’s authority.

·         Is consistent with state and federal law and the state and federal Constitutions.

·         Supports the District’s goals and objectives.

·         Reflects good practice (e.g., educational, personal, business, etc.).

·         Is reasonable and not arbitrary or discriminatory.

·         Adequately covers the subject.

·         Is consistent with the Board’s existing policies.

·         Can be administered in a practical, cost effective manner.


Adoption

Once a proposed policy has been drafted, it shall be placed on the Board’s agenda for a first reading, giving all persons interested in it an opportunity to express their views. The Board will not take any official action on any policy on the first reading, unless a majority of the Board decides that it is necessary to do so.

If the draft policy is acceptable or if it is not acted upon out of necessity after the first reading, the draft policy will be placed on the Board’s agenda for a second reading, at which time the Board will officially act.

The Superintendent shall consult with the school attorney, as necessary, prior to the adoption or revision of any policy.

Implementation

The Superintendent shall be responsible for implementing all policies adopted by the Board. This responsibility shall include: promulgating any necessary administrative regulations, ensuring that the policy is included in the Board Policy Manual, and publicizing the policy as necessary to ensure that persons affected by the policy are aware of it.

The Board Policy Manual shall be kept in the District office and made available to the public upon request. A copy of the Board Policy Manual shall also be kept on the School District website and any other area specified by the Board.

Review

The Superintendent shall be responsible for informing the Board of any policies that are out-of-date or in need of revision. In addition, the Board will review the policy manual on a periodic basis and update it as necessary to ensure that the policies are consistent with Board goals and District practices.

Policy References:
Education Law §§1604; 1709; 1804

2440 - Administration in Policy Absence

Adoption Date: 1/13/2000, Revised: 9/11/2014 
2000 - Governance and Operations

2440 Administration in Policy Absence

From time to time, problems and new questions arise for which no specific policy has been prepared. In cases in which action must be taken where the Board of Education has provided no guidelines for administrative action, the Superintendent of Schools and/or members of the administrative staff (who shall alert the Superintendent to the possible need for additional policy development) shall act in a manner consistent with the existing policies of the School District. The decisions by the Superintendent and the administrative staff shall be subject to review by the Board at its regular meeting. It shall be the duty of the Superintendent to inform the Board promptly of his/or her action (or that by the administrative staff) and the need for policy.

2510 - New Board Member Orientation

Adoption Date: 1/13/2000, Revised: 10/8/2009 
2000 - Governance and Operations

2510 New Board Member Orientation

The Board of Education and the administrative staff shall assist each new Board member-elect to become familiar with and to understand the Board's functions, policies and procedures, and the school district's operation before taking office. Each Board member-elect shall, as soon as possible,

1. be given selected materials covering the function of the Board and the school district, including (a) access to the policy manual; (b) copies of key reports prepared during the previous year by school Board committees and/or the administration; (c) the School Law Handbook prepared by the New York State School Boards Association; (d) access to minutes of Board meetings of the previous year and other material pertinent to meetings; (e) latest financial report of the district; (f) copies of pertinent materials developed by the New York State School Boards Association, the National School Boards Association and/or other professional organizations; and (g) any other materials which may be deemed helpful and informative;

2. be invited to meet with the Superintendent of Schools and other administrative personnel to discuss the services that they perform for the Board and the school district;

3. be informed of the mandated Fiscal Training;

4. be invited and encouraged to attend workshops for New School Board Members; and

5. be partnered with a current Board member, who will serve as a mentor to the new Board member for up to two years.

2520 - Board Member Training

Adoption Date: 1/11/2007, Revised: 9/9/2010; 09/08/2011 
2000 - Governance and Operations

2520 Board Member Training

Members of the Board of Education elected or appointed for a term beginning on or after July 1, 2005, shall, within the first year of their term, complete a minimum of six hours of training on the fiscal oversight, accountability and fiduciary responsibilities of a School Board member.

Additionally, Board members elected or appointed for a first term beginning on or after July 1, 2011, shall, within the first year of his or her term, complete a training course to acquaint him or her with the powers, functions and duties of the Board of Education, as well as the powers and duties of other governing and administrative authorities affecting public education.

These mandatory trainings may be taken together as a single course or separately.

Each member shall demonstrate compliance with this requirement by filing with the District Clerk a certificate of completion of such course issued by the provider. Actual and necessary expenses incurred in complying with this requirement shall be a charge against the School District.

Policy References:
Education Law Section 2102-a

Policy Cross References:
 » 2510 - New Board Member Orientation
 » 2521 - School Board Conferences, Convention, Workshops

2521 - School Board Conferences, Convention, Workshops

Adoption Date: 1/13/2000, Revised: 8/17/2010 
2000 - Governance and Operations

2521 School Board Conferences, Convention, Workshops

In recognition of the need for continuing in-service training and development for its members, the Board of Education encourages the participation of all members in meetings, conferences, workshops, conventions and activities of area, state, and National School Boards associations, as well as in the activities of other educational groups. Board members are encouraged to study and examine materials received from these organizations as well as publications and tapes available in the Board's own library.

In order to control both the investment of time and funds necessary to implement this policy, the Board establishes these principles and procedures for its guidance:

1. The Board Clerk will compile, maintain, and distribute, to each Board member, information on upcoming School Board conferences, conventions, and workshops, to help the Board decide which meetings appear to be most promising in terms of producing direct and indirect benefits to the school district. The Board will periodically decide which meetings appear to be most promising in terms of producing direct and indirect benefits to the school 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.

2. Funds for participation at such meetings will be budgeted for on an annual basis. When funds are limited, the Board will designate which of its members would be the most appropriate to participate at a given meeting.

3. Reimbursement to Board members for their travel expenses will be as follows:

a. Travel (Auto- reimbursement in accordance with the mileage allowance approved annually by the Board. Plane - coach class airfare, only)

b. Meals

c. Lodging

d. Registration

4. When a conference, convention, or workshop is not attended by the full Board, those who do will be requested to share information, recommendations, and materials acquired at the meeting.

2530 - Membership in School Boards Associations

Adoption Date: 1/13/2000, Revised: 1/13/2011 
2000 - Governance and Operations

2530 Membership in School Boards Associations

The Board of Education recognizes the need to promote and support public education at the federal, state and local levels. The Board also recognizes that collective efforts by boards of education throughout the state stand the best chance of creating and maintaining a local environment where academic achievement can flourish. The Board recognizes that information on developments in the broad field of education is constantly evolving and that accurate, up-to-date information is necessary for the Board to make informed decisions. The Board further recognizes that proper appreciation of its roles and responsibilities is necessary to provide strong leadership to its staff and community.

The Board of Education may maintain memberships in organizations established for Boards of Education.

Board members should take the responsibility to attend association meetings for the purpose of Board development and gathering new information.

Policy References:
Education Law §1618
General Municipal Law §77b 

2700 - Board-Staff Communications

Adoption Date: 1/13/2000, Revised: 2/10/2011 
2000 - Governance and Operations

2700 Board-Staff Communications

The success of any school system requires effective communication between the Board of Education and school staff. Such communication is necessary for facilitating proposals for the continuing improvement of the educational program and for the proper disposition of personnel problems which may arise.

The main goal of both the Board and the staff is to provide the best possible educational opportunities for the entire community. To achieve this end, good Board-staff relations must be maintained in a climate of mutual trust and respect. At the same time, the Board in exercising its public trust to provide thorough and efficient public education, cannot dissipate or transfer its responsibilities.

In accordance with good personnel practice, staff participation in the development of educational and personnel policies will be encouraged and facilitated. The Superintendent of Schools, as professional leader of the staff and the chief executive of the District, will develop appropriate methods to keep staff fully informed of the Board's initiatives, concerns and actions. The Superintendent will also create mechanisms to receive staff input, as appropriate.

All communications and reports to the Board from staff members and staff organizations will be submitted to the Board through the Superintendent. All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the Superintendent. However, this will not be construed as denying the right of any staff member to appeal any action or decision of the Superintendent to the Board.

All effective means of facilitating channels of communication between the Board and staff will be explored in order to promote close and cooperative action for the continued improvement of the educational program and the mutual benefit of the school system and the community.

Policy Cross References:
 » 1400 - Public Concerns
 » 9140.1 - Staff Complaints and Grievances

2800 - Committees Commissioned by Board of Education

Adoption Date: 6/14/2007, Revised: 4/13/2017 
2000 - Governance and Operations

2800 Committees Commissioned by Board of Education

Certain Victor Central School committees are authorized by Board action, and, as such, are subject to periodic review by the Board of Education.

Therefore, the Board of Education shall review, on a triennial basis, such committees that have been endorsed by the Board to ensure they are meeting the mission, objectives and purpose identified by the Board of Education. Such committees will be required to submit the committee by-laws to the Board of Education for approval on an annual basis.

3000 - Administration

3000 - Goals and Objectives for Administration

Adoption Date: 1/13/2000, Revised: 10/11/2012 
3000 - Administration

3000 Goals and Objectives for Administration

The Board of Education recognizes that proper administration is vital to a successful educational program. The Board expects the educational administration to direct, coordinate and supervise students and staff in their efforts to reach the goals and objectives adopted by the Board. 

Within the guidelines of Board policy, negotiated agreements and state law, the Board expects the educational administration to:

·         Provide up-to-date information and sound professional advice to the Board, as an aid to rational decision-making.

·         Plan, organize, implement and evaluate the educational programs established by Board policy, in order to provide optimum educational opportunities to the students of the District.

·         Provide these optimum educational opportunities through the most efficient use of resources.

·         Use efficient administrative and management procedures, in accordance with law and regulation, and developed after consultation with and among the Board, administrators and other appropriate staff members.

Policy References:
Education Law §§1604; 1711; 2507; 2508 

3100 - Superintendent of Schools

Adoption Date: 8/12/1999, Revised: 11/12/2009 
3000 - Administration

3100 Superintendent of Schools

The Board of Education shall by a majority vote appoint a Superintendent of Schools for a term of no less than three years and not to exceed five years. The Superintendent shall serve as the chief executive officer of the Board and as such shall carry out the policies established by the Board.

Policy References:
Education Law §§1711; 2508 

3110 - Qualifications of the Superintendent

Adoption Date: 1/13/2000, Revised: 12/9/2010 
3000 - Administration

3110 Qualifications of the Superintendent

The Superintendent of Schools shall be duly certified as a “School District Administrator” or “School District Leader”, as required by the Commissioner's Regulations. To be certified, a Superintendent must hold a Baccalaureate and a Master's degree, and at least 60 hours of graduate study, including 24 hours in school administration and supervision, and an approved administrative/supervisory internship. The internship may be substituted with a one year full time experience in a school administrative or supervisory position. In addition, the Superintendent must have completed two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. The Commissioner of Education may grant special certification to an exceptionally qualified person who fails to meet all the graduate course or school teaching requirements.

The Board of Education reserves the right to set minimum requirements above those of certification for any candidate who seeks the position of Superintendent.

Policy References:
Education Law §3003(4)
8 NYCRR §80.4

Policy Cross References:
 » 3111 - Recruitment of the Superintendent

3111 - Recruitment of the Superintendent

Adoption Date: 1/13/2000, Revised: 10/11/2012 
3000 - Administration

3111 Recruitment of the Superintendent

The Board of Education recognizes that the recruitment and appointment of the Superintendent of Schools is among the most important priorities of the Board.

Through its employment policies, the Board will attempt to attract, secure, and retain a qualified Superintendent. The selection program will be based upon finding an individual who will devote himself/herself to the education and welfare of the children attending the District's schools and the efficient and responsible administration of the school system.

The Board will establish a search committee (or hire a consultant) to recruit and interview candidates for the position of Superintendent. The responsibilities of the search committee [consultant] and the procedures to be followed will be clearly established by the Board prior to the commencement of the recruitment process. The committee, if not experienced in the recruitment of administrative personnel, will undergo training so that the process may be conducted in an efficient manner.

Recruiting procedures shall enable the District to seek qualified candidates from a variety of sources. The Board adheres to the practice of recruiting and hiring personnel without regard to race, color, national origin, creed, religion, marital status, sex, age, sexual orientation, disability or predisposing genetic characteristic. It will be the responsibility of the committee [consultant] to determine that the candidates meet certification and other requirements established by the Education Law and the Regulations of the Commissioner of Education for the position of Superintendent.

Upon selecting a new Superintendent, the Board will negotiate a contract with the successful candidate.

Policy References:
Education Law §§1711(1), (2), (3)
8 NYCRR §80.4

Policy Cross References:
 » 3110 - Qualifications of the Superintendent

3120 - Duties of the Superintendent

Adoption Date: 1/13/2000, Revised: 4/11/2013 
3000 - Administration

3120 Duties of the Superintendent

The Superintendent, as chief executive officer of the Board of Education, will have the following specific powers and duties:

Relationship with the Board

1. to serve as the executive officer for the Board and be charged with the responsibility for implementing the policies of the Board. He/She shall work with the Board President in planning the agenda for each meeting, shall attend all meetings and participate in all regular and special meetings of the Board and executive meetings of the Board at the Board's request;

2. to develop a harmonious and close working relationship with the Board. He/She shall treat all Board members impartially and alike, refraining from criticism of individual or group members of the Board. He/She shall go to the Board when serious differences of opinion arise in an earnest effort to resolve such differences immediately;

3. to serve as a resource person and advisor to the Board. He/She shall keep the Board informed on issues, needs, and operation of the school system. He/She shall offer advice to the Board, based on thorough study and analysis, on items requiring Board action;

4. to provide a continuous appraisal of all school policies originating with the Board. He/She shall advise the Board on the need for new and/or revised policies and suggest draft policies to satisfy those needs;

Educational Direction and Leadership

5. to develop administrative principles and procedures for implementing Board policy. He/She shall ensure the enforcement of all provisions of law, rules and regulations, and Board policy relating to the management of the schools and other educational, social and recreational activities. He/She shall interpret for the staff all Board policies and applicable laws, rules and regulations;

6. to understand and keep informed on all aspects of the instructional program at all levels. He/She shall have responsibility for the supervision of instruction and shall bring to the school, in a leadership capacity, the best in educational thought and practice. He/She shall, on a continuing basis, review and update the educational program of the school, and keep the Board informed of all changes in curriculum;

7. to recommend to the Board for its adoption all courses of study, curriculum guides and textbooks to be used in the schools;

8. to encourage a positive approach to student behavior and discipline;

Personnel

9. to develop and implement sound personnel practices, consistent with law, Board policy and collective bargaining agreements, including recruitment, hiring, assignment, supervision, evaluation, promotion, and discipline of all personnel. He/She shall develop procedures for the selection of staff members. He/She shall establish standards for teacher selection, and shall provide a framework for continuing in-service training of all professional staff members;

10. to recruit qualified professional, civil service, and non-certified personnel;

11. to nominate employees for appointment, promotion, transfer or dismissal in accordance with the policies of the Board and the procedures outlined by the law. He/She shall make recommendations to the Board regarding salary and tenure of all employees. He/She may temporarily suspend any employee for cause and shall promptly report such suspension to the members of the Board. Unless otherwise determined by the Board, he/she is authorized to reemploy all employees upon the adoption by the Board of the budget for the following year;

12. to supervise and evaluate all staff members. He/She shall work for good morale and be impartial, firm and fair in dealing with staff;

13. to encourage in-service education and the professional growth of staff through conferences, workshops, group discussions, committee/individual studies and use of consultants;

14. to advise the Board, in conjunction with the Board-designated negotiator(s), in all collective bargaining matters;

Financial Management

15. to prepare and present to the Board a preliminary annual budget in accordance with a schedule established with the Board. He/She is responsible for ensuring that the budget, as adopted by the Board and approved at the annual meeting, is properly administered. He/She shall ensure that regular reports are made to the Board on the status of the budget;

16. to establish efficient procedures to maximize income, safeguard investments and provide effective controls for all expenditures of school funds in accordance with the adopted budget. He/She shall ensure that all necessary bookkeeping and accounting records are maintained by the District;

Facilities Management

17. to supervise operations, maintenance, alterations and repair to buildings and grounds, insisting on competent and efficient performance;

18. to evaluate plant needs and recommend to the Board improvements, alterations and changes in the buildings and equipment of the District;

Community Relations

19. to supervise the public relations activities of the District. He/She shall keep the public informed about the policies, practices, and problems in the District's schools, and provide leadership in changing attitudes and practices for the future. He/She shall develop friendly and cooperative relationships with the news media;

20. to establish and maintain an effective working relationship with all segments of the community: parent-teacher organizations, local and state government, other school systems, institutions, agencies, civic organizations, and the general public. He/She shall solicit and give attention to problems and opinions of all groups and individuals;

Personal Qualities and Growth

21. to demonstrate outstanding qualities of leadership with ability to delegate authority and responsibility effectively and to hold subordinates accountable;

22. to exhibit good judgement, common sense and perception;

23. to exhibit the ability to face controversy, remain true to convictions and to live with a high-pressure job;

24. to speak well before large and small groups, expressing ideas in a logical and forthright manner;

25. to maintain professional development by reading and course work, attending conferences, working on professional committees, visiting other Districts, and meeting with other Superintendents;

Management Functions

26. to coordinate and manage the District so that the school organization operates smoothly and efficiently. He/She must be able to coordinate the processes essential to achieving a smooth operation in all areas of the School District organization:

» Planning: determining needs, objectives and goals;

» Organization: assigning roles, responsibilities and establishing lines of communication;

» Control: ensuring that progress is being made toward priorities, disciplining, making necessary staff reallocations and changes and evaluations;

» Decision-making: data-collecting, analyzing data and choosing appropriately from a variety of decision-making techniques;

» Problem-solving: sensitivity to problems, formulating problem statements, and using a variety of problem solving techniques;

» Communication: giving and receiving information effectively both orally and in writing, facilitating the exchange of information, views and opinions; and

27. to perform such other duties as the majority of the Board may determine.

Policy References:
Education Law §§1604(8); 1711; 1804 

3200 - Administrative Organization

Adoption Date: 3/9/2000, Revised: 1/13/2011 
3000 - Administration

3200 Administrative Organization

The Superintendent of Schools is the chief executive officer of the District. 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.

3210 - Administrative Team

Adoption Date: 1/13/2000, Revised: 11/9/2017 
3000 - Administration

3210 Administrative Team

The Board of Education recognizes that the quality of the District's schools is in large measure dependent upon securing maximum participation of all members of the administrative team. Administrative and supervisory personnel shall be considered to be those District employees officially designated by Board of Education 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.

The administrative team concept is recognized as an arrangement for responsible and appropriate involvement of administrative personnel in decision making. The Board believes the team approach to management best capitalizes upon shared strengths in cooperative decision making.

The members of the team act in an advisory capacity and participate in decision making when appropriate. Among the administrative team's responsibilities are:

1. to make policy recommendations to the Superintendent of Schools and Board as assigned;

2. to develop for Superintendent's approval administrative regulations implementing policy adopted by the Board;

3. to involve other staff members possessing competency in the area under consideration in the development of District policies and regulations;

4. to interpret and disseminate District policies and programs to other District personnel, students and citizens;

5. as assigned by the Superintendent, to be the Board's representative(s) in the administration of District programs;

6. to evaluate proposals made by other employees in negotiations with the Board's designated representative and to recommend to the Superintendent and Board the District's response to such proposals; and

7. to serve as support personnel to the District's negotiator.

The Board also encourages a management approach that focuses upon the development and assessment of management objectives supportive of the Board's approved District goals.

The specific obligations, duties and responsibilities of all administrative and supervisory personnel shall be set forth in job descriptions issued by the Superintendent.

Compensation and Related Benefits

The salaries and related benefits of administrators shall be established annually by the Board upon the recommendation of the Superintendent or through the collective bargaining agreement.

Abolition of 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, and must be given 30 days prior to the effective date of abolition. In all cases, the individual currently holding the position should receive as much advance notice as possible, preferably 60 or more days.

The Superintendent is directed to provide for placing into operation the provisions for implementing an administrative team concept for school administration.

3215 - Administrators' Professional Development Opportunities

Adoption Date: 1/13/2000, Revised: 1/13/2011 
3000 - Administration

3215 Administrators' Professional Development Opportunities

The Board of Education shall encourage administrators to keep themselves 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 of Schools shall be required for any conference attendance or visitations requested by administrators.

Participation shall be limited by available resources and reimbursement guidelines.

3230 - Organization Chart

Adoption Date: 1/13/2000, Revised: 7/1/2010 
3000 - Administration

3230 Organization Chart

The Superintendent of Schools shall maintain an administrative organization chart showing the relationship among the various administrators and staff.

3240 - Line and Staff Relations

Adoption Date: 1/13/2000, Revised: 7/14/2011 
3000 - Administration

3240 Line and Staff Relations

The following principles shall govern the administrative operation of the School System:

1.    The Board shall formulate and legislate educational policy.

2. Responsibility shall flow from the Board of Education, to the Superintendent of Schools, to Building Principals, to teachers.

3. The Superintendent shall have specific responsibility for overseeing the District educational programs. All employees of the District shall be under the general direction of the Superintendent. Administrative regulations shall be developed by the Superintendent in cooperation with affected or interested staff members or lay persons.

4. The central office staff shall provide overall leadership and assistance in planning and research.

5. Each member of the instructional and non-instructional staff shall be informed as to whom he/she is responsible and for what functions. 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.

6. Whenever possible, each member of the staff shall be made responsible to only one immediate supervisor for any one function.

7. Each staff member shall be informed as to whom he/she can appeal in case of disagreement with an immediate superior.

8. Each staff member shall be informed as to whom he/she should report to for help in carrying out his/her functions.

Line of Responsibility

Each employee in the School System shall be responsible to the Board through the Superintendent.

All personnel shall refer matters requiring administrative action to the administrative officer immediately in charge of the area in which the problem arises.

Administrative officers shall refer such matters to the next higher authority when deemed necessary.

All employees shall have the right to appeal any decision made by an administrative officer to the next higher authority and through appropriate successive steps to the Board.

3250 - School Building Administration

Adoption Date: 1/13/2000, Revised: 7/14/2011 
3000 - Administration

3250 School Building Administration

The Superintendent of Schools will delegate administrative authority to the Building Principal of each school and to his/her assistant(s) within the District's system for the internal management of the schools, within established Board of Education policy and administrative regulations.

3300 - Policy Implementation

Adoption Date: 1/13/2000, Revised: 9/11/2014 
3000 - Administration

3300 Policy Implementation

The execution, administration and enforcement of all policies of the District is the responsibility of the Superintendent of Schools. He/She shall report to and be accountable to the Board of Education and not any officer, committee or individual member of the Board, in fulfilling this responsibility.

4000 - Instruction

4000 - Commencement Standards

Adoption Date: 6/8/2000, Revised: 6/14/2007; 12/08/2016 
4000 - Instruction

4000 Commencement Standards

The development and maintenance of optimal educational programs are the primary functions of the Board of Education. The expected outcomes of the district's educational programs are described in the following Commencement Standards for Victor Central School graduates:

Effective Communicators

Students will:

·  Read, write, listen and speak purposefully and critically in a variety of situations.

·  Communicate in multiple ways, including through the arts.

·  Understand and perform in a variety of group settings and diverse populations.

·  Work collaboratively as an effective member of a team.

Quality Producers

Students will:

·  Produce relevant, innovative, high quality products that reflect originality and excellence.

·  Prioritize, plan, and manage for optimum results.

Complex Thinkers

Students will:

·  Identify problems and use effective strategies to reach solutions.

·  Use critical and creative thinking strategies and skills in a variety of situations.

·  Take risks when tackling challenging problems.

Life-Long Learners

Students will:

·  Develop and apply effective study skills.

·  Use state-of-the-art technology communication networks to access, manage, integrate, evaluate, and create information in order to function in a global society.

·  Modify and/or influence thinking, attitudes and/or behaviors to function in a multi-cultural society.

·  Be driven by curiosity and a desire to know

4110 - School Calendar

Adoption Date: 6/8/2000, Revised: 3/11/2010 
4000 - Instruction

4110 School Calendar

The Superintendent of Schools shall be responsible for the preparation of a school calendar to be presented to the Board of Education for adoption.

The number of days scheduled for students will meet or exceed the requirements of state law.

Policy References:
Education Law §§3015(2); 3101(3); 3204(4); 3604(7-8)
8 NYCRR Part 175 

4200 - Curriculum Management

Adoption Date: 6/8/2000, Revised: 1/16/2014 
4000 - Instruction

4200 Curriculum Management

The Board of Education recognizes its responsibility for the development, assessment and improvement of the educational program of its schools. To this end, the Board is committed to establishing and maintaining a coordinated curriculum management process that:

·         Defines how the District’s curriculum is developed and approved

·         Ensures that the curriculum is taught and tested

·         Provides for the ongoing review and evaluation of the curriculum

For the purposes of this policy, “curriculum” means a series of planned instruction that is coordinated, articulated and implemented to result in achievement of specific knowledge and skills, and application of such knowledge and skills by all students.

Curriculum Development

The Board views a centralized curriculum articulated among and between grade levels as essential to an effective instructional program designed to meet the learning standards established by the state and the Board.

The Superintendent of Schools, in coordination with the Associate Superintendent for Educational Services, shall be responsible for the development of a written curriculum designed to meet identified student needs. He/she shall establish procedures for curriculum development that provides for the effective participation of administrators, teaching staff, students, parents, other community members and members of the Board.

The curriculum shall:

·         Comply with state mandates regarding course offerings and essential knowledge and skills.

·         Focus on the content standards of each discipline and ensure that what students learn is rigorous, challenging and represents the most important learning for students.

·         Provide sufficient flexibility to meet individual student needs at each stage of development.

·         Reflect current research, best practices and technological advancements within each discipline.

·         Promote congruence among the written, taught and assessed content.

Curriculum Adoption

The Superintendent shall present the written curriculum to the Board for its review and adoption annually. Prior to adoption, the Board will review the curriculum to ensure consistency with Board-adopted learning objectives. In addition, the Board will adopt instructional materials that support the adopted curriculum.

Curriculum Implementation

Implementation of the curriculum rests primarily with the teaching staff. In carrying out this responsibility, the teaching staff shall work to ensure continuity between the written, taught and tested curriculum. The building principal shall be responsible for the management of the implementation of the aligned curriculum at the building level. He/she shall carry out this management function through activities including analyzing student assessment data; making classroom observations of teachers; and providing opportunities for teachers to discuss and share ideas and strategies. The District’s curriculum for each subject or course shall be communicated to the teaching staff in a written curriculum guide developed annually by the Superintendent or his/her designee. Such guides will provide the necessary information to direct instruction and ensure continuity among and between grade levels. The guides shall also include a description of the essential knowledge and skills for the course, instructional philosophy, appropriate sequence, and correlation of major resources. Curriculum guides shall be made available to parents and community members upon request to promote understanding of District goals and objectives.

Curriculum Review

The Board recognizes the need for and the value of a systematic, ongoing program of curriculum evaluation that includes collecting and analyzing data about student achievement. All aspects of the curriculum shall be subjected to a searching and critical analysis in an attempt to improve students’ learning and growth. Such a program is essential to evaluate program effectiveness in each content area and to make judgments about resource allocation. The Superintendent shall develop guidelines to evaluate the instructional program to ensure its continued effectiveness. With prior Board approval, the Superintendent may conduct pilot programs deemed necessary to the continuing improvement of the instructional program.

The Superintendent shall report his/her findings regarding the effectiveness of the instructional program to the Board periodically, and, if necessary, shall recommend changes to the District’s curriculum. 

Curriculum Variances

The Board of Education encourages collaboration by teachers, administrators, parents/guardians, and students of the District in developing innovative educational programs and practices that will lead to greater achievement for all students.

Requests for a variance or waiver from requirements of the Commissioner’s Regulations must be approved by the Board. Subsequent to Board approval, all applications for variances must be forwarded to the Superintendent for review, consultation, recommendation and signature prior to submission to the State Education Department. The Superintendent may provide technical assistance to the applicant and make recommendations to the State Education Department.

Policy References:
Education Law §§1709(3); 1711(5) 

4311.1 - Display of the Flag

Adoption Date: 6/8/2000, Revised: 1/14/2010 
4000 - Instruction

4311.1 Display of the Flag

The Board of Education believes that the flag of the United States is a symbol of the values of our nation, the ideals embedded in our Constitution and the spirit that should animate our district.

The United States flag shall be displayed during school hours, weather permitting, and such other times as 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 approval of the Superintendent of Schools shall be required for the flag to be flown at half-staff upon any other occasion.

Policy References:
Education Law §§418; 419; 420; 802
Executive Law, Article 19
8 NYCRR Part 108
Lapolla v. Dullaghann, 63 Misc 2d 157 (1970) 

4315.1 - AIDS Instruction

Adoption Date: 6/8/2000
4000 - Instruction

4315.1 AIDS Instruction

In compliance with the regulations of the Commissioner of Education, the district will provide classroom instruction concerning Acquired Immune Deficiency Syndrome (AIDS) as part of a sequential and comprehensive health program for all students, K-12. Instruction must be offered during regularly scheduled classes. Such instruction will be age-appropriate, consistent with community values, and include the following information:

1. the nature of the disease;

2. methods of transmission of the disease; and

3. methods of prevention of the disease (stressing abstinence as the most effective and appropriate protection against AIDS).

Parents/Guardians shall have the right to exclude their children from those portions of a school's health education program that address AIDS prevention instruction. Statements must be completed and filed with the district declaring that the parent/guardian will be responsible for seeing that the student receives prevention instruction outside of the classroom.

AIDS instruction in the elementary school grades, K-6 shall be taught by the regular classroom teacher, while such instruction in grades 7-12 shall be a part of the required health education course.

Policy References:
Education Law §3204(5)
8 NYCRR §§16.2; 135.3
Ware v. Valley Stream High School District, 75 NY2d 114 (1989)
New York State School Boards Association v. Sobol, 168 AD2d 188 (1991)
Matter of Ware, 28 EDR 415 (1989)

Policy Cross References:
 » 2260 - Citizens Advisory Committees
 

4317 - Teaching About Drugs, Alcohol and Tobacco

Adoption Date: 6/8/2000, Revised: 4/13/2017 
4000 - Instruction

4317 Teaching About Drugs, Alcohol and Tobacco

The Board of Education views with grave concern the serious implications of alcohol, drug, and tobacco use by people, specifically young people, all over the United States and especially in the School District. In keeping with its primary responsibility, the education of youth, the Board directs the professional staff of the District to continue to investigate the causes of student involvement with drugs, tobacco and alcohol, and to develop suitable preventive measures however and whenever feasible.

The Board and the professional staff shall continue to seek ways to educate students and school staff of the District about the dangers of the illegal use of drugs and the abuse of alcohol and tobacco. Instruction will include sessions about the causes and effects of drug, alcohol and tobacco abuse, especially in young people. A prevention program will be developed to inform students, in addition to the causes of substance abuse, of the physical and psychological damage associated with substance abuse; avoidance of alcohol, tobacco and drugs; and the dangers of driving while under the influence of alcohol and/or drugs.

The following objectives must be realized if the goal of minimizing drug, tobacco and alcohol abuse is to be achieved:

1. students shall be encouraged to identify the problem and its causes and to organize to solve it;

2. they should understand the nature of legal and illegal drugs and tobacco;

3. they shall be encouraged to develop a set of values and behavioral insights which shall give them a deeper understanding of themselves and society;

4. they shall be encouraged to identify the variety of alternate forms of behavior, other than drug or alcohol abuse and tobacco use, which are available to satisfy their needs; and

5. they shall be encouraged to make constructive decisions concerning the use of drugs, alcohol, and tobacco.

While the Board in no way condones the abuse of illegal or harmful substances, it is in the interest of student and staff health that a climate be created in the Schools so that individuals with problems may seek to receive help without fear of reprisal.

Policy References:
Education Law §804
8 NYCRR §§100.2(c)(4) 

4320.2 - Music Instrument Rentals

Adoption Date: 6/8/2001, Revised: 4/14/2011 
4000 - Instruction

4320.2 Music Instrument Rentals

All instrumental music students shall be expected to own or rent their instruments, unless the instrument is not available for rental through local music vendors. The Music Department shall maintain a current list of unavailable instruments.

The District shall provide instruments to students who demonstrate financial need. (Financial need shall be determined through qualification for the free or reduced lunch program.) To the extent possible, the District shall provide instruments to students who are unable to rent instruments due to limited availability through music vendors. Decisions will be dependent upon the individual student's talent, merit and the need for a balanced instrumentation at each grade level.

Students and parents/guardians will assume responsibility for proper care of school-owned instruments while the instrument is in their possession, and shall pay for any damages to the instrument due to neglect or misuse of the instrument. Any person receiving a school owned instrument shall sign a borrowing agreement form to be kept on file with the Music Department until the instrument is returned to the District.

The district will only transport, in its own vehicles, those instruments whose size conforms to all existing laws regulating district transportation.

4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89

Adoption Date: 6/8/2001, Revised: 4/12/2018 
4000 - Instruction

4321 Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89

The Board of Education shall make available a free appropriate public education to all students with disabilities who reside within its District and are eligible for special education and related services under the Individuals with Disabilities Education Act and Article 89 of New York’s Education Law, and their implementing regulations. Special education and related services will be provided to resident eligible students with disabilities in conformity with their Individualized Education Program (IEP) and in the least restrictive environment appropriate to meet their individual educational needs. Special education services or programs will be designed to enable a student with disabilities to be involved in and progress in the general education curriculum, to the extent appropriate to his/her needs.

The Board shall also make available special education and related services to eligible students with disabilities parentally placed in a nonpublic school located within the District, regardless of whether they are residents of the District. However, this obligation does not extend to resident students with disabilities who are placed by their parents in a nonpublic school within District boundaries because of a disagreement between the parents and the School District over the provision of a free appropriate public education. Nonpublic school students with disabilities who are not District residents but who reside within New York State will be provided programs and services in accordance with their Individualized Education Services Program (IESP). Nonpublic school students with disabilities who reside out-of-state will be provided services in accordance with their Services Plan (SP).

In addition, to the maximum extent appropriate to their individual needs, eligible students with disabilities residing within the District and attending the District’s public schools will be entitled to participate in School District academic, co-curricular and extracurricular activities with all other students enrolled in the District’s public schools. Such co-curricular and extracurricular activities may include athletics, transportation, recreational activities, school-sponsored special interest groups or clubs, and referrals to agencies that provide assistance to individuals with disabilities and the employment of students (including both employment by the School District and assistance in making outside employment available).

In providing a free appropriate public education to students with disabilities eligible under the IDEA and Article 89, the Board will afford the students and their parents the procedural safeguard rights they are entitled to under applicable law and regulations. The Board also will provide them with notice of such rights as required by law and regulation, using the form prescribed by the commissioner of education.

For purposes of this policy and others related to the provision of services to eligible students with disabilities, and consistent with applicable law and regulation, the word parent means both 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 a parental relationship to the child as defined in section 3212 of the Education Law; an individual designated as a person in parental relation pursuant to title 15-A of the General Obligations Law, 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 commissioner’s regulations.

Eligible students with disabilities will be entitled to special education and related services until the end of the school year in which they turn 21 or until they receive a local high school or Regents diploma.

Students with disabilities may not be required to take medication as a condition for receiving a free appropriate public education.

A free appropriate public education will be provided to all eligible students with disabilities:

1.       The Board will adopt and maintain a District Special Education Services Plan in conformance with Commissioner’s Regulations (8NYCRR 200.2(c)). The plan will be available for public inspection and review by the Commissioner of Education.

2.       School District staff will take steps to locate, identify, evaluate and maintain information about all children with disabilities within the District, including homeless children and children who are wards of the state, and children attending nonpublic school with the District (including religious schools), who are in need of special education.

3.       The District will establish a plan and practice for implementing school-wide approaches and interventions in order to remediate a student’s performance prior to referral for special education services. The District will provide general education support services, instructional modifications, and/or alternative program options to address a student’s performance before referring the student to the Committee on Special Education (CSE). Colleague Consultation and Instructional Support Teams will develop, implement and evaluate pre-referral intervention strategies.

4.       School District staff will initiate a request for evaluation of a student who has not made adequate progress after an appropriate period of time when provided instruction under a response to intervention program. In making the request the staff person will describe in writing intervention services, programs and methodologies used to remediate the student’s performance prior to referral. In addition, the extent of parental contact will be described as well.

5.       The Board will appoint a Committee on Special Education (CSE), and, as appropriate, CSE subcommittees, to provide the timely identification, evaluation and placement of eligible students with disabilities.

6.       The Board will arrange for special education programs and services based upon the recommendation of the CSE or CSE subcommittee.

7.       The Superintendent, or his/her designee, shall establish a plan for the recruitment, hiring and retention of staff appropriately and adequately prepared to meet the needs of students with disabilities including, but not limited to, highly qualified special education teachers.

8.       The Superintendent, or his/her designee, shall establish a comprehensive professional development plan so that personnel necessary to carry out IDEA and Article 89 possess the skills and knowledge required to meet the needs of students with disabilities.

9.       The Superintendent will establish a process for ensuring that District staff understand the right of students with disabilities to access and participate in the same academic, co-curricular and extracurricular programs and activities as all other students enrolled in the District’s public schools, to the maximum extent appropriate to their individual needs.

Locate and Identify Students with Disabilities

The Superintendent, or his/her designee, will determine activities to help locate and identify students with disabilities. These may include, but are not limited to, the mailing of letters to all District residents regarding the availability of special education programs and services and their right to access such services, and/or the publication of a similar notice in school newsletters and other publications.

Evaluation of Students with Disabilities

To initially determine a student’s eligibility for a free appropriate public education under the IDEA and Article 89, the District will conduct a full evaluation of the student in accordance within legally prescribed time lines. As set forth in Commissioner’s regulations, the initial evaluation will include, at least, a physical examination, an individual psychological evaluation unless the school psychologist determines it unnecessary, a social history, an observation of the student in the student’s learning environment to document the student’s academic performance and behavior in the areas of difficulty, and other appropriate assessments or evaluations (including a functional behavioral assessment for a student whose behavior impedes his or her learning or that of others) to ascertain the physical, mental, behavioral and emotional factors that contribute to the suspected disabilities.

Once a student has been determined eligible to receive a free appropriate public education, the District will reevaluate the student with a disability whenever the student’s parent requests a reevaluation, and when the District determines the educational and related services needs (including improved academic achievement and functional performance) of the child warrant a reevaluation. However, a reevaluation must take place at least once every three years, unless the student’s parent and the District agree it is unnecessary.

Parental Consent for Student Evaluations

Before conducting any type of evaluation, District staff will take steps to obtain written informed consent from a student’s parent, as required by applicable law and regulations. They also will keep a detailed record of those attempts and their results, including phone calls and correspondence, visits to the parent’s home and any responses received.

1.       If a parent refuses to give consent for an initial evaluation, or fails to respond to such a request, the parent will be given an opportunity to attend an informal conference and ask questions about the proposed evaluation. Unless the referral for evaluation is withdrawn, if the parent continues to withhold consent, the Board will commence due process proceedings to conduct an initial evaluation without parental consent within the time lines established in Commissioner’s regulations.

2.       If a parent refuses to give consent for a reevaluation, or fails to respond to such a request, District staff will proceed with the reevaluation without parental consent if it has engaged in documented reasonable efforts to obtain such consent and the parent has failed to respond. If the District cannot document its efforts to obtain consent, the Board will commence due process proceedings to conduct a reevaluation without parental consent.

3.       If District staff is unable to obtain consent for the initial evaluation or reevaluation of a home schooled or a parentally-placed nonpublic school student, the Board will not commence due process proceedings to conduct the evaluation without parental consent, and will consider the student as not eligible for special education.

Conduct of Evaluations

In conducting evaluations of students with disabilities, the District will use a variety of assessment tools and strategies, including parent-provided information, to gather relevant functional, developmental, and academic information for determining a student’s eligibility for special education and related services, and the content of the student’s individualized education program or individualized education services program or services plan in the case of nonpublic school students with disabilities (including information related to enabling the student to be involved in and progress in the general education curriculum).

The District also will assess a student in all areas of suspected disability, and the assessment and other evaluation used will not be discriminatory on a racial or cultural basis. In addition, students will be assessed in the language and form most likely to yield accurate information on what the student actually knows and can do academically, developmentally, and functionally, unless it is not feasible to do so.

In the case of students suspected of having a specific learning disability, the District will follow the procedures established in commissioner’s regulations.

The District will notify a student’s parent of any determination that no additional data is needed and the reasons for such a determination. It will also inform the parent of his or her right to request an assessment, notwithstanding that determination.

Eligibility Determination

The CSE or CSE subcommittee will determine whether a student is eligible for special education and related services under the IDEA and Article 89, as well as the student’s educational needs.

The CSE or CSE subcommittee may not determine that a student is eligible for special education and related services if the determining factor is lack of appropriate instruction in essential components of reading, including phonemic awareness, phonics, vocabulary development, reading fluency (including oral skills), and reading comprehension strategies; or lack of appropriate instruction in math; or limited English proficiency.

Committee on Special Education

The members of the CSE and CSE subcommittees will include those individuals identified in applicable law and regulations, and their attendance at CSE and CSE subcommittee meetings will be required except as otherwise provided in law and regulations.

The parent of a student with disabilities is one of the mandated CSE and CSE subcommittee members and as such has a right to participate in CSE and CSE subcommittee meetings concerning the identification, evaluation, educational placement, and the provision of a free appropriate public education to their child. District staff will take steps to involve the parent’s participation, in accordance with the following:

1.       CSE and CSE subcommittee meetings will be scheduled at a time and place that is mutually agreeable to the parent and the District.

2.       The parent will be given at least five days notice of the time and place of a CSE or CSE subcommittee meeting, except as otherwise provided in law and regulation, along with notice of the purpose of the meeting, those who will attend (including name and title), and the parent’s right to be accompanied to the meeting by person(s) the parent considers to have knowledge and special expertise about their child.

3.       The parent and the District may agree to use alternative means of participation at CSE meetings, such as videoconferences or telephone conference calls.

4.       District staff will take any action necessary so the parent understands the proceedings at CSE meetings, including arranging for an interpreter for deaf parents or parents whose native language is other than English.

The CSE or CSE subcommittee may meet without a student’s parent only if District staff has been unable to obtain either parent’s participation, and has a record of its attempts to arrange a mutually agreed upon time and place. Similarly, the CSE or CSE subcommittee may make a decision without the involvement of the student’s parent only if District staff has been unable to obtain parental participation, even though the use of alternative means of participation, and has a record of its attempts.

Provision of Services

The Board will arrange for appropriate special education and related services recommended by the CSE or CSE subcommittee within 60 school days of the District’s receipt of parental consent to evaluate a student not previously identified as a student with a disability, or within 60 school days of referral for review of a student with a disability, except as otherwise provided in law and regulations.

All staff responsible for the implementation of a student’s individualized education program, or an individualized education services program or services plan in the case of parentally placed nonpublic school students with disabilities, will be provided information regarding those responsibilities (Refer to policy 4321.5 for more information on this topic).

Parental Consent for the Provision of Services

The Board acknowledges that parental consent for initial evaluation does not constitute consent for placement for the provision of special education and related services. Therefore, District staff will take steps to obtain written informed consent for the initial provision of special education and related services to an eligible student. The Board will be precluded by applicable law and regulations from commencing due process proceedings to override the parent’s refusal to provide such consent or override the parent’s failure to respond to such a request.

Transition Service and Diploma/Credential Options

In accordance with law and regulation, provision of transition services, which are a coordinated set of activities for students with disabilities that facilitates movement from school to post-school activities, may include but are not limited to post-secondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living or community participation. At age 15, or younger if appropriate, the student’s IEP will include a statement of transition service needs and will include undertaking activities in the following areas:

  • 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 provision of a functional vocational evaluation.

In developing the plan for transition services, students and parents will be made aware of the range of diploma and credential options available and the requirements associated with each option.

Policy References:
The Individuals with Disabilities Education Act (IDEA), 20 USC §§1400 et seq.;
34 CFR Part 300 
N.Y. Education Law Article 89, §§4401 et seq.
8 NYCRR Part 200

Policy Cross References:
 » 1900 - Parent and Family Engagement
 » 4000 - Commencement Standards
 » 4773 - Diploma and Credential Options for Students with Disabilities
 » 5500 - Student Records
 » 6700 - Purchasing
 » 9700 - Staff Development

4321.1 - Allocation of Space for Special Education Programs and Services

Adoption Date: 4/6/2000, Revised: 3/9/2017 
4000 - Instruction

4321.1 Allocation of Space for Special Education Programs and Services

The Board of Education recognizes its responsibility to ensure that appropriate space is available for:

  1. Special programs and services provided to meet the needs of students and preschool students with disabilities both within its own facilities, and in programs provided by the Board of Cooperative Educational Services (BOCES) and attended by District residents; and
  2. Serving students with disabilities in settings with non-disabled peers, as well.

The District will address such space allocation needs as part of its annual budget cycle, during the annual or any more frequent re-evaluation of its long-range educational facilities plan.

Through the Superintendent, the District will also share with the BOCES District Superintendent information relevant for the BOCES to determine the regional space needs for serving the District’s resident students and preschool students with disabilities.

As part of the process for ensuring the allocation of appropriate space for special education programs and services and serving students with disabilities in setting with non-disabled peers, the Superintendent, in consultation with appropriate school personnel will, at a minimum:

  1. Periodically gather information regarding the number of students and preschool students with disabilities presently participating and anticipated to continue to participate in the District’s special education programs and services, the type of programming they presently receive and may receive in the future, as well as the setting in which those services are and/or will be provided.
  2. Review the results of the District’s latest census, and other District child find efforts, including child find activities conducted with respect to parentally-placed nonpublic school students with disabilities.
  3. Anticipate any projected increase in the number of students and preschool students with disabilities the District will be responsible for providing special education programs and services to, the anticipated type of services they will be receiving and the setting in which those services will be provided.
  4. Based on the above information, review current space capability, and identify any additional space requirements to meet both current and future needs.

Policy References:
Individuals with Disabilities Education Act (IDEA) 20 USC
Education Law §§3602(10)
8 NYCRR §§155.1(a); 200.2(c)(2)(iv),(v); 200.2(g) 

4321.4 - Independent Educational Evaluations

Adoption Date: 6/8/2000, Revised: 5/11/2017 
4000 - Instruction

4321.4 Independent Educational Evaluations

The Board of Education recognizes the right of parents or guardians of a student who (a) is classified as a student with a disability or (b) who is suspected of being a student with a disability and as a result was evaluated through the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) process, to receive an independent evaluation at public expense if they disagree with the evaluation obtained by the CSE or CPSE.

The independent examination shall be conducted by a qualified examiner who is not employed by the School District responsible for the child's education. Upon request, parents/guardians will be provided with a list of public and private agencies and professional resources where independent  evaluations may be obtained. These publicly-funded independent evaluations shall be limited to the same geographic and fiscal limitations as used by the District when it initiates an evaluation.

The District has the right to initiate an impartial hearing to demonstrate that its evaluation is appropriate. If the hearing officer determines that the District's evaluation was appropriate, a parent or guardian is not entitled to reimbursement at public expense. Only in limited circumstances is the District required to fund an independent educational evaluation. When a parent or guardian requests that the District fund an educational evaluation, the District retains its rights to initiate an impartial hearing to demonstrate that it should not be required to fund the independent educational evaluation.

The Board directs the Superintendent of Schools, or his/her designee, to develop regulations establishing maximum allowable fees for specific tests, the geographic area in which such evaluations may take place, and minimum qualifications of the professionals who administer and interpret various tests.

Policy References:
20 USC §1415(d)(2)(A)
34 CFR §300.502
8 NYCRR §§200.1(z); 200.5(a); 200.5(b); 200.5(c) ; 200.5(g)

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89

4321.5 - Confidentiality and Access to Individualized Education Programs, Individualized Education Services Programs and Service Plans

Adoption Date: 11/18/2004, Revised: 4/13/2017 
4000 - Instruction

4321.5 Confidentiality and Access to Individualized Education Programs, Individualized Education Services Programs and Service Plans

The Board of Education recognizes the importance of ensuring the confidentiality of personally identifiable data pertaining to a student with a disability. Personally identifiable data will not be disclosed by any School District employee or a member of a CSE/CPSE to any person (other than the parent/guardian of such student), organization or agency unless the parent or guardian of the child provides written consent; there is a valid court order for such information; or disclosure is permitted by law.

Personally identifiable data is defined in the policy on Student Records, 5500.

The Board of Education, while acknowledging the confidentiality requirement, believes that in order for each student with disabilities to receive the full benefit of his/her Individualized Education Program (IEP), Individualized Education Services Program (IESP) or Service Plan (SP),  individuals responsible for implementing the program or plan must, prior to the implementation, fully understand the scope of their responsibility and the specific accommodations, modifications and supports to be provided.

To this end, this policy establishes procedures to ensure that any person having both direct contact with a student with an IEP, IESP or SP and a responsibility to provide a service, accommodation or program modification for the student in accordance with that student’s IEP, IESP or SP shall be informed of his/her responsibilities under the IEP, and shall receive or have access to a copy of the student’s IEP, IESP or SP as specified below.

I. IEP, IESP or SP Copies

At a CSE, CSE Subcommittee or CPSE meeting for each student, a determination will be made as to which general education teachers, special education teachers, related service providers and other service providers have responsibility to implement the recommendations on the student’s IEP, IESP or SP. “Other service provider” means a representative of another public school district, charter school, BOCES program, child care institution school, Special Act school district, State-supported school, approved private in-state or out-of-state school and an approved preschool provider where the student receives or will receive IEP, IESP or SP services.

The CSE, CSE Subcommittee and CPSE Chairpersons shall ensure that a paper or electronic copy of each student’s IEP, IESP or SP is provided to each regular education teacher, special education teacher, related service provider and/or other service provider who is responsible for implementation of the program or plan. These individuals responsible for implementing an IEP, IESP or SP shall, in turn, ensure that all paraprofessionals (teacher aides and teacher assistants) and other providers responsible for assisting in implementation are given the opportunity to review their copy of the IEP, IESP or SP prior to program implementation as well as have ongoing access to such copy.

II. Notification of Responsibilities

In addition to disseminating copies of a student’s IEP, IESP or SP, CSE, CSE Subcommittee and CPSE Chairpersons must designate one or more professional employees of the District with knowledge of the student’s disability and program to inform each regular education teacher, special education teacher, related service provider, other service provider, paraprofessional, and other provider and support staff person of his or her responsibility to provide specific accommodations, program modifications, supports and/or services for the student in accordance with the IEP, IESP or SP. In selecting the professional staff person(s), the chairperson could select him/herself for this responsibility, another administrator, or a teacher, related service provider or other professional, as appropriate.

III. Confidentiality

All copies of a student’s IEP, IESP or SP provided or made accessible under this policy must remain confidential, and shall not be redisclosed to any other person, except in accordance with the Individuals with Disabilities Education Act (IDEA) and the Family Educational Rights and Privacy Act (FERPA). To ensure such confidentiality, the CSE and CPSE Chairpersons shall include with each IEP, IESP or SP copy provided or made accessible under this policy, a copy of the Board’s policy on student records (Policy 5500). All IEP, IESP or SP copies must remain in a secure location on school grounds at all times. If IEP, IESP or SP copies are transmitted and/or provided electronically, security systems (e.g., password to protect a file or folder) must be implemented to prevent unauthorized internal and external access to a student’s IEP, IESP or SP.

IV. Documentation

The designated professional employee(s) defined in section II above shall obtain the signature of each person covered by this policy, indicating that he or she:

1. has received either a copy of the student’s IEP, IESP or SP or the opportunity to review the IEP, IESP or SP prior to its implementation, as required under state law and regulation;

2. has been informed of their responsibilities to implement;

3. has knowledge of where the IEP, IESP or SP is to be maintained; and

4. has an understanding of the confidentiality requirements.

At the end of the school year or whenever the IEP has been revised, the CSE and CPSE Chairperson shall collect all IEP copies provided under this policy and destroy them.

Policy References:
Individuals with Disabilities Education ACT (IDEA), 20 USC §§1400 et seq.
Family Educational Rights and Privacy Act (FERPA), 20 USC §1232g; 34 CFR Part 99
Education Law §4402(7)
8 NYCRR §§200.2(b)(11); 200.4(e)(3); 200.16(e)(6)
New York State Education Department, Vocational and Education Services for 
Individuals with Disabilities (VESID), SED Guidance Document, Providing copies of the
IEPs for Students with Disabilities, May 13, 2003
(http://vesid.nysed.gov/specialed/publications/policy/chap408final.htm)

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 5500 - Student Records

4321.8 - Impartial Hearing Officer Appointment and Compensation

Adoption Date: 11/18/2004, Revised: 2/9/2017 
4000 - Instruction

4321.8 Impartial Hearing Officer Appointment and Compensation

The Board of Education will appoint impartial hearing officers (IHO), as needed, to hear complaints regarding the identification, evaluation, or placement of students with disabilities, or the provision of a free appropriate public education to such a student in accordance with rotational selection process and other applicable procedures described in Commissioner’s regulations.

Selection

The updated list of certified IHOs for this county promulgated by the New York State Education Department will be used in connection with requests for impartial hearings. The list shall also include the names of those other certified IHOs whose names appear on the state list and who have indicated to the District their interest in serving as an IHO in the District.

Upon receipt of a request for an impartial hearing, the rotational selection process for the IHO shall be initiated immediately and always within two (2) business days after receipt by the District of such written request. Should an IHO decline appointment, or if within 24 hours the IHO fails to respond or is unreachable after reasonable efforts by the District Clerk or designee, such efforts will be documented through independently verifiable efforts. The District representative shall then proceed through the list to determine availability of the next successive IHO.

The District Clerk or other person so designated, under the direction of the Board President, shall initiate the selection process by contacting the impartial hearing officer whose name first appears after the impartial hearing officer who last served. The District Clerk or designee shall canvass the list in order as prescribed by the Regulations of the Commissioner of Education until an appointment is accepted. Pursuant to the Regulations of the Commissioner of Education, if an impartial hearing is currently pending for the same student when a new hearing request is received, the District will appoint the same IHO, if available, who will determine whether or not to consolidate the hearings. Additionally, if the new hearing request concerns an issue which had been previously withdrawn in the 12 months prior, the District shall appoint the same IHO, if available.

An IHO on the District’s rotational list may not accept appointment unless he or she is available to:

  1. Make a determination on the sufficiency of the due process complaint that will be heard at the hearing within five days of receiving such a request; and
  2. Initiate the hearing within the first 14 days after either:
    a.  The date on which he or she receives written notice that the parents/guardians and the District waived their right to hold a resolution meeting to resolve their differences prior to commencement of the hearing, or met but were unable to reach agreement; or
    b.  The expiration of the 30-day period beginning with the receipt of the due process complaint, whichever occurs first.

Appointment

The Board President, or in his or her absence or inability the Vice President, will appoint an IHO immediately after the IHO selected from the rotational list indicates he or she is available.

The Board will rescind the appointment of an IHO and appoint a new one if, the parties to the hearing mutually agree that the IHO is either incapacitated or otherwise unavailable or unwilling to continue the hearing or issue a decision. The appointment of a new IHO in such an instance will be made in accordance with the selection and appointment procedures established by this policy.

Compensation

The District shall compensate an impartial hearing officer for his or her services at the maximum rate established for such purpose by the Director of the Division of the Budget. Currently, this rate is $100.00 per hour for pre-hearing, hearing, and post-hearing activities. In addition, impartial hearing officers may be reimbursed for reasonable, actual and necessary expenses for automobile travel, meals and overnight lodging in accordance with the current District reimbursement rate set for District employees. Mailing costs associated with the hearing will also be reimbursed. The District will not reimburse impartial hearing officers for administrative assistance, secretarial or other overhead expenses.

Cancellation

The District shall attempt to provide an IHO with two (2) business days advanced notice of the cancellation or re-scheduling of an impartial hearing. Should the District request the cancellation or re-scheduling of a hearing date and fail to provide an Impartial Hearing Officer with two (2) days notice, the District agrees to pay the Impartial Hearing Officer a fee of $100.00. The District shall not be responsible for costs associated with a parent or guardian’s cancellation or adjournment of a hearing.

A copy of this policy will be forwarded to the IHO at the time of appointment.

Records relating to the IHO process including, but not limited to, the request for initiation and completion of each impartial haring will be maintained by the District and such information will be reported to the Office of Vocational and Educational Services for Individuals with Disabilities of SED as required by Commissioner’s regulations.

Policy References:
8 NYCRR §§200.2; 200.5; 200.21 

4321.12 - Use of Time Out Rooms and Physical Restraints

Adoption Date: 2/13/2014, Revised: 2/8/2018 
4000 - Instruction

4321.12 Use of Time Out Rooms and Physical Restraints

The Board of Education recognizes that students with disabilities sometimes exhibit inappropriate behaviors that impede learning. As a result, students with disabilities may require unique approaches to discipline so that they can continue to benefit from their educational program.

The use of a time out room or physical restraint will be in conformance with the child’s individual education program (IEP). Staff will adhere to federal and state statute and regulation in the administration of these measures.

Time Out Room

A time out room is an area for a student to safely deescalate, regain control and prepare to meet expectations to return to his/her educational program. The room will only be used in conjunction with a behavioral intervention plan, as part the student’s IEP, or when it is necessary to remove a student from a potentially dangerous situation in unanticipated situations that pose an immediate concern for the physical safety of a student or others. The room will provide a supervised area in order to facilitate self-control. The location, size and access to the time out room will be in conformance with applicable laws and regulations. The Director of Special Programs and Compliance will be responsible for the development and implementation of regulations covering the use of a time out room, as well as monitoring compliance with those regulations.

The school psychologist will inform parents prior to the initiation of a behavioral intervention plan that will incorporate the use of a time out room. Upon request, the parent will be shown the space that will be utilized. In addition, the parent will be provided a copy of this policy.

Physical Restraint

Staff will not use physical restraint as a substitute for systematic intervention to modify inappropriate behavior. Staff who may be called upon to physically restrain a student will be trained on safe and effective ways to do so. Physical restraint may be used in an emergency where no other approach would be effective in controlling the student’s behavior.

During emergencies, immediate intervention by staff involving the use of reasonable physical force may be necessary, either to protect people or property from injury or damage, or to restrain or remove a student whose behavior is interfering with the orderly functioning of the school, if that student has refused to comply with a request to refrain from further disruptive acts.

The District shall document the use of emergency interventions for each student. This shall include the student’s name and date of birth, the setting and location of the incident, the staff members involved, other persons involved, a description of the incident and the intervention used, the duration of the incident, a statement as to whether the student has a current behavioral intervention plan, and details of any injuries sustained by either the student or others as a result of the incident. Documentation of emergency interventions shall be reviewed by school supervisory personnel and, as necessary, the school nurse or other medical personnel. The student’s parents/guardians shall be notified of each incident of emergency intervention.

Training

Training for staff on the policies and procedures related to the use of time out rooms, physical restraint, and related behavior management practices will be provided annually or as needed.

The Director of Special Programs and Compliance will be responsible for the implementation and oversight of this policy.

Policy References:
8 NYCRR 200.22 

4321.13 - Preschool Special Education

Adoption Date: 4/6/2000, Revised: 1/12/2017 
4000 - Instruction

4321.13 Preschool Special Education

The Board of Education recognizes the value of early intervention to address the needs of preschool children with disabilities. The Board further recognizes its responsibility to ensure that all resident preschool children with disabilities have the opportunity to participate in preschool programs, approved by the Commissioner of Education, from which they may benefit educationally. The Board authorizes the Superintendent of Schools or his/her designee to establish administrative practices and procedures which shall include:

1. locating and identifying, evaluating, referring and placing all preschool children (generally ages three and four) with disabilities.  The register of children eligible to attend a preschool program is to be maintained and revised annually by the Committee on Preschool Special Education (CPSE);

2. ensuring that the parent(s)/guardian(s) of preschool age children with disabilities have received and understand the request for consent for evaluation of their child;

3. developing an Individualized Education Program (IEP) for each preschool age child with a disability;

4. appointing and training appropriately qualified personnel including the members of the CPSE;

5. maintaining lists of impartial hearing officers and of State Education Department-approved special education programs within the county and adjacent counties in which the District is located;

6. preparing and keeping on file summary reports of student data including the number of preschool students with disabilities served, as well as students referred but not served and the reasons why they are not served; and

8. reporting to the State Education Department the data on preschool  children with disabilities as required, on a form prescribed by the Commissioner.

The duties described above will be carried out within the time frames established by statute and regulation.

The Board of Education hereby establishes the CPSE as required under the Education Law. Its responsibilities will include the evaluation and recommendation for placement in appropriate approved programs and the provision of appropriate special education programs and services for each preschool child with a disability. The CPSE shall review, at least annually, the status of each preschool child with a disability. It is ultimately the responsibility of the Board to arrange for the appropriate approved preschool program and services for the District’s children. Should the Board disagree with the CPSE's recommendations, it shall send the recommendation back to the CPSE so that they may schedule a timely meeting to review the Board's concerns and to revise the IEP as deemed appropriate.

In the event that a parent/guardian files a due process complaint, a meeting must be convened between the parent/guardian and the representatives of the District to try and resolve the complaint within 15 days of receiving the notice, and before the initiation of an impartial hearing. Parents/guardians and the District will jointly determine who should be present at this meeting.

If an agreement cannot be reached, parent/guardians shall be offered mediation to resolve complaints regarding the education of preschool children with disabilities at the same time notice of the availability of an impartial hearing is provided.

The CPSE shall make an annual report on the status of each preschool child with a disability and report on the adequacy of preschool special education programs and services to the Board.

The Board directs the Superintendent or his/her designee to develop and maintain a plan which incorporates information concerning the provision of services for preschool children with disabilities, pursuant to the Regulations of the Commissioner of Education.

Policy References:
Individuals with Disabilities Education Act, 20 U.S.C. §§1400 et seq.
34 CFR §§300.12; 300.503
Education Law §4410
8 NYCRR Part 200, 200.2, 200.5, 200.16

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89

4322 - Programs for the Gifted and Talented

Adoption Date: 6/8/2000, Revised: 12/8/2016 
4000 - Instruction

4322 Programs for the Gifted and Talented

The Board of Education encourages educational programs which challenge and promote the realization of individual potential in all students. The Board also recognizes that further efforts are necessary to extend educationally and in a cost-effective manner the allocation of resources towards appropriate educational programs for students identified as gifted and talented.

The Board believes that programs traditionally viewed as for the gifted and talented greatly benefit the entire school program and encourages programs that provide enrichment opportunities for all students. The Board also recognizes the value of community support for program success and encourages the use of community resources for special programs and periodic reporting of activities through the District newsletter.

The negotiable aspects of this policy will be adopted and implemented in conformity with the Taylor Law and agreements negotiated with the individual bargaining units representing staff.

Policy References:
Education Law §3208(5) 
8 NYCRR Part 142; §§117.3(g) 

4325 - Academic Intervention Services

Adoption Date: 6/8/2000, Revised: 5/11/2017 
4000 - Instruction

4325 Academic Intervention Services

The Board of Education is committed to providing academic intervention services to students at risk of not meeting the state learning standards. Such services may include additional instruction supplementing the instruction provided in the general curriculum and/or support services such as guidance, counseling, attendance and study skills needed to support improved academic performance.

Eligibility for academic intervention services will be determined based on a student’s performance on state assessment exams and/or in accordance with the uniformly applied District-developed District-adopted procedures. Eligible students will receive services consistent with law and regulations which shall commence no later than the beginning of the semester following a determination that a student is eligible for such services.

Parental Notification and Involvement

Notification on Commencement of Services.  The building principal will notify the parents of a student determined to be in need of academic intervention services, in writing, upon the commencement of such services. Such notification will include:

  • a summary of the academic intervention services to be provided;
  • the reason the students needs such services; and
  • outcomes of not achieving expected performance levels.

Notification on Ending of Services. The principal will notify the parent in writing when academic intervention services are no longer needed. Such notification will include:

  • the criteria for ending services; and
  • the performance levels obtained on District selected assessments, if appropriate.

In addition, the District/Schools will provide for ongoing communication with parents, which shall include opportunities to consult with teachers and other professional staff, regular reports on the student’s progress and information on ways to monitor and work with educators to improve the student’s performance.

All parental notifications and communications will be done in English and translated, when appropriate, into the native language or mode of communication of the parents.

Description and Review of Academic Intervention Services

The Superintendent of Schools or his/her designee, in consultation with each building principal, shall maintain a description of academic intervention and/or student support services for each school. This description will include any variations in services in schools within the District and will specifically delineate:

  • the District-wide procedures used to determine the need for academic intervention services;
  • the academic intervention instructional and/or support services to be provided;
  • whether instructional services and/or support services are offered during the regular school day or during an extended school day or year; and
  • the criteria for ending services, including, if appropriate, performance levels that students must obtain on District-selected assessments.

Beginning July 1, 2002 and every two years thereafter, the Superintendent, or his/her designee, shall review and revise the description of academic intervention services based on student performance results and present such revised description to the Board for approval.

Policy References:
8 NYCRR §§100.1(g); 100.2(r) (ee); 100.4(b)(2)(vi), (c)(5), (h)

Policy Cross References:
 » 1900 - Parent and Family Engagement
 » 4200 - Curriculum Management
 » 4326 - Programs for English Language Learners

4326 - Programs for English Language Learners

Adoption Date: 6/8/2000, Revised: 4/9/2015 
4000 - Instruction

4326 Programs for English Language Learners

The Board of Education believes that students who, by reason of foreign birth or ancestry, have limited English proficiency (referred to here as “English Language Learners” or ELLs), will be more effective learners of both the language and the curriculum if they receive instruction in both their native language and English. The District will therefore take steps to identify ELL students and provide ELL students with an appropriate program of either Bilingual Education or English as a New Language.

Pursuant to this policy and the regulations of the Commissioner of Education, the Superintendent of Schools is directed to develop appropriate administrative regulations to ensure that students are:

1. screened to determine if the student is an ELL, in accordance with Parts 117 and 154 of the Commissioner's Regulations, a process that will include interviews and assessments and will assign each ELL student to the appropriate subpopulation (newcomer, developing, long term, former or inconsistent/interrupted formal education);

2. identified, as appropriate, as an ELL student with a disability;

3. annually evaluated to determine continued ELL eligibility. Included in the evaluation shall be each student’s performance in English language proficiency and academic progress in content areas;

4. assured of access to appropriate instructional and support services, including guidance programs within the timeframes provided by Commissioner’s Regulations; and

5. assured of having equal opportunities to participate in all school programs and extracurricular activities as non-ELL students.

The Superintendent shall be responsible for ensuring that the Commissioner of Education is provided with a comprehensive plan that describes the District’s ELL program and includes all information specified in the Commissioner's Regulations, before the start of each school year.  The District will also provide assurances that the District is providing appropriate school-related information to the parents (or persons in parental relation) of all ELL students in English and the language they best understand.

The District will provide an orientation program annually for ELL parents and will meet individually with ELL parents at least once a year, in addition to regular parent/teacher meetings.

In addition, the Superintendent shall insure that all teachers employed in any Bilingual and/or English as a New Language program are properly certified in accordance with the Commissioner’s Regulations, and that all staff receives appropriate professional development on ELL students.

Policy References:
Education Law §3204
English Acquisition, Language Enhancement, and Academic Achievement Act, 20 USC §§6801 et seq.
Equal Educational Opportunities Act of 1974, §§201 et seq.,
20 U.S.C. §§1701 et seq.
8 NYCRR §§80-2.9; 80-2.10; 117; 154 
Lau v. Nichols, 414 U.S. 563 (1974)
Rios v. Read, 480 F. Supp. 14 (1978)
Cintron v. Brentwood UFSD, 455 F.Supp 57 (1978)
Aspira of New York v. Board of Educ. (City of New York), 394 F. Supp. 1161 (1974)

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 9700 - Staff Development

4327 - Homebound Instruction

Adoption Date: 6/8/2000, Revised: 9/11/2014 
4000 - Instruction

4327 Homebound Instruction

Homebound instruction is a service provided to students who are unable to attend school due to medical, emotional or disciplinary problems. Secondary students receive instruction for two hours per day and elementary students receive one hour per day. Students receive credit for their work while on homebound instruction.

The Board designates the Superintendent of Schools or his/her designee to develop guidelines for providing homebound instruction. These guidelines will be used by the administration when placing a student on homebound instruction.

Homebound instruction will strive to keep the student on pace to rejoin his/her class and maintain academic progress. The Board recognizes that students who are out of school for extended periods of time are at risk of falling behind academically and/or losing connection to the school community. The Board directs the administration to evaluate periodically whether homebound instruction is effective in keeping students on track to graduate, and if not, to take steps to improve instruction and implement approaches and/or offer services that support the transition back to school.

Policy References:
Education Law §§1709(24); 4401 et seq.
8 NYCRR §175.21

Policy Cross References:
 » 5100 - Attendance Policy

4510 - Instructional Materials

Adoption Date: 7/10/2000, Revised: 12/8/2016 
4000 - Instruction

4510 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 of Education 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.

Workbooks/Consumables

The Board may approve the expenditure of requested funds for the purchase of workbooks and manuals, when appropriate.

The term “workbook” shall refer to the type of book which 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.

4510.1 - Instructional Technology

Adoption Date: 7/10/2000, Revised: 12/8/2016 
4000 - Instruction

4510.1 Instructional Technology

The Board of Education recognizes its responsibility to further the District's educational goals through the use of appropriate, high quality, technological materials and equipment.

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:

1. a comprehensive staff development program to ensure appropriate and effective use of technology;

2. the preparation of students to use multiple types of technology;

3. the integration of technology within and across all curriculum areas;

4. the equitable distribution of and access to appropriate technological equipment and materials for all students;

5. the promotion of technology as an alternative to traditional methods of gathering, organizing and synthesizing information; and

6. the provision of sufficient funds, within the budgetary constraints of the Board, for the implementation of technology instruction.

The Board directs the Superintendent of Schools or his/her designee to assess the technological needs of the District's instructional program, research and review current materials and make recommendations to the Board.

4526 - Acceptable Use of Computers and the Internet

Adoption Date: 7/10/2000, Revised: 5/10/2012; 12/11/2014, 8/11/2016 
4000 - Instruction

4526 Acceptable Use of Computers and the Internet

The Board of Education is committed to optimizing student learning and teaching. The Board considers student and staff access to a computer network, including the Internet, to be a powerful and valuable educational and research tool, and encourages the use of computers and computer-related technology in the District for the purpose of advancing and promoting learning and teaching.

The computer network can provide a forum for learning various software applications and through online databases, bulletin boards and electronic mail, can significantly enhance educational experiences and provide statewide, national and global communication opportunities for staff and students.

All users of the District’s computer network and the Internet must understand that use is a privilege, not a right, and that use entails responsibility. The District reserves the right to control access to the Internet for all users of its computers and network. The District may either allow or prohibit certain kinds of online activity, or access to specific websites.

Students shall be authorized to use the Internet facilities and connections for study, research and communications related to their assigned course work and approved co-curricular activities.

Members of the staff shall be authorized to use the Internet facilities and connections for instruction, professional development, training and for research and communications related to curriculum, approved co-curricular activities, or for other purposes in their assigned areas of responsibility. All staff members using the Internet facilities and connections shall be required to sign the Acceptable Use Agreement (AUA).

Regulations and handbooks, to be developed by the Superintendent (or designee) in consultation with appropriate staff, will provide specific guidance on this, as well as rules governing the use and security of the District’s computer network. All users of the District’s computer network and equipment shall comply with this policy and regulation. Failure to comply may result in disciplinary action as well as suspension and/or revocation of computer access privileges.

The Superintendent shall be responsible for designating a computer network coordinator to oversee the use of District computer resources. The computer coordinator will prepare in-service programs for the training and development of District staff in computer skills, and for the incorporation of computer use in appropriate subject areas.

With increased concern about identity theft, unwarranted invasion of privacy and the need to protect personally identifiable information, prior to students being directed by staff to use any cloud-based educational software/application, staff must get approval from the Director of Computer Services as District Network Coordinator. The Director of Computer Services will determine if a formal contract is required or if the terms of service are sufficient to address privacy and security requirements, and if parental permission is needed.

The Superintendent, working in conjunction with the designated purchasing agent for the District, the Director of Computer Services and the instructional materials planning committee, will be responsible for the purchase and distribution of computer software and hardware throughout District schools. They shall prepare and submit for the Board’s approval a comprehensive multi-year technology plan, which shall be revised as necessary to reflect changing technology and/or District needs.

Policy Cross References:
 » 4526.1 - Internet Safety
 » 5300 - Code of Conduct
 » 5695 - Students and Personal Electronic Devices

4526.1 - Internet Safety

Adoption Date: 9/13/2007, Revised: 5/10/2012 
4000 - Instruction

4526.1 Internet Safety

The Board of Education is committed to undertaking efforts that serve to make safe for children the use of District computers for access to the Internet and World Wide Web. To this end, although unable to guarantee that any selected filtering and blocking technology will work perfectly, the Board directs the Superintendent of Schools to procure and implement the use of technology protection measures that block or filter Internet access by:

·         adults to visual depictions that are obscene or child pornography, and

·         minors to visual depictions that are obscene, child pornography, or harmful to minors, as defined in the Children’s Internet Protection Act.

Subject to staff supervision, however, any such measures may be disabled or relaxed for adults conducting bona fide research or other lawful purposes, in accordance with criteria established by the Superintendent or his or her designee.

The Superintendent, or designee, also shall develop and implement procedures that provide for the safety and security of students using electronic mail, chat rooms, and other forms of direct electronic communications; monitoring the online activities of students using District computers; and restricting student’s access to materials that are harmful to minors.

In addition, the Board prohibits the unauthorized disclosure, use and dissemination of personal information regarding students; unauthorized online access by students, including hacking and other unlawful activities; and access by students to inappropriate matter on the Internet and World Wide Web. The Superintendent, or designee, shall establish and implement procedures that enforce these restrictions.

The computer network coordinator designated under the District’s policy on Acceptable Use of Computers and the Internet (policy 4526) shall monitor and examine all District computer network activities to ensure compliance with this policy and accompanying regulation. He or she also shall be responsible for ensuring that staff and students receive training on their requirements.

All users of the District’s computer network, including access to the Internet and World Wide Web, must understand that use is a privilege, not a right, and that any such use entails responsibility. They must comply with the requirements of this policy and accompanying regulation, in addition to generally accepted rules of network etiquette, and the District’s policy on Acceptable Use of Computers and the Internet (policy 4526). Failure to comply may result in disciplinary action including, but not limited to, the revocation of computer access privileges.

As part of this policy, and the District’s policy on Acceptable Use of Computers and the Internet (policy 4526), the District shall also provide age-appropriate instruction regarding appropriate online behavior, including:

1.    interacting with other individuals on social networking sites and in chat rooms, and

2.    cyberbullying awareness and response.

Instruction will be provided even if the District prohibits students from accessing social networking sites or chat rooms on District computers.

Policy References:
Children’s Internet Protection Act, Public Law No. 106-554
Broadband Data Services Improvement Act/Protecting Children in the 21st Century Act, Public Law No. 110-385
47 USC §254
20 USC §6777

Policy Cross References:
 » 4526 - Acceptable Use of Computers and the Internet

4526.2 - Web Page Policy

Adoption Date: 9/13/2007
4000 - Instruction

4526.2 Web Page Policy

Web Page Purpose

The availability of Internet access at Victor Central Schools provides an opportunity for students and staff to inform the world about our school. It can be used to inform parents of school activities, to encourage learning by participation in its development and to show everyone the integrity of our academic environment. Doing so furthers the success of our Mission Statement.

The District will create and maintain a web site for the following purposes:

  • To support the District's mission
  • To provide the community with information about the district and its schools
  • To provide students and the community with support for learning
  • To serve as a channel for feedback from students, families, and the community; and
  • To serve as a communication tool regarding classroom activities for students and their families

Criteria

In addition to compliance with other Board Policies and Regulations, web pages posted on the District's web site must adhere to the following criteria:

  1. A web page may be posted for educational, informational and/or promotional purposes by:

    1. A District-sanctioned student organization, extracurricular group or athletic team

    2. A district or building-level sanctioned committee

    3. An instructional department

    4. District administration

    5. A classroom teacher for his/her classroom

  2. Web sites/pages created by school groups, extracurricular organizations, athletic organizations, or departments must include the name of teh responsible staff member. They must adhere to the overall purpose of district web site.

  3. Neither staff nor students may publish personal web pages as part of the District's web presence

  4. All pages must meet legal, moral and ethical standards including adherence to copyright laws.

  5. Web Page Content

    1. Web sites/pages content may include school-related material such as student work, school and department news, events and activities, calendars, class work, and assignments.

    2. Web sites/pages must be designed to protect students, families, employees and any other persons from unwanted disclosure of personally identifying information

      1. Web pages may include the first name, last name, and grade of a student as long as a picture of the student is not shown. Pages may not include a student's phone number, address, e-mail address or names of other family members or friends.

      2. Individual and group pictures of students can be put on the website as long as no names or initials of the student are included

      3. Web pages may not disclose student's special education classification, medical information, religion, race, or ethnicity.

      4. Teaching staff or other school personnel may be identified by full name and picture, but other private information may not be used without their specific express permission.

      5. Alumni who are 18 years of age or older can have their full names and pictures appear on the web site but other private information may not be used without their specific express permission.

      6. Student work can appear on the website along with the student's full name as long as a picture of the student is not shown.

  6. Student Generated Web Sites

    1. In cases where students work with a staff member in the construction and maintenance of a web site/page, the staff member is responsible for ensuring that students have the necessary technical training and that they fully understand and adhere to District policies and regulations.

    2. Posting of content to our web site must be done by a staff member and not a student.

The District reserves the right to remove and/or not post any part of the Web page that it deems to be legally, morally, or ethically inappropriate or any page not in the best interest of the school.

4531 - Field Trips and Excursions

Adoption Date: 7/10/2003, Revised: 8/14/2008; 04/13/2017 
4000 - Instruction

4531 Field Trips and Excursions

The Board of Education recognizes that field trips are an educationally sound and important ingredient in the instructional program of the schools.

A field trip is any off-campus activity of significant educational value which is an extension of the instructional program. The trip is one that involves a class or other clearly-defined group of students.

Factors relevant in the consideration of approval of such field trips may include the relationship to the curriculum, the safety of students and staff, the cost involved, the distance of the trip, availability of transportation, weather conditions, use of transportation and the ratio of chaperones to students.

Each student must secure the permission of his/her parent or legal guardian before participating in such activity.

The Victor Central School District Code of Conduct applies to all participants during each field trip.

All trips in which students shall be away from campus overnight shall require the prior approval of the Board.

The administration is responsible for developing regulations governing all field trips and excursions. The regulations will apply to all trips scheduled in the School District, whether part of the instructional, extracurricular or co-curricular programs.

Policy References:
Education Law §§1604; 1709; 1804; 1903; 2503; 2554; 2590-e 

4600 - School Counseling Program

Adoption Date: 7/10/2000, Revised: 5/10/2018 
4000 - Instruction

4600 School Counseling Program

The District shall design a comprehensive developmental school counseling program K-12, in coordination with the teaching staff and any appropriate pupil personnel service providers, to:

  • prepare students to participate effectively in their current and future educational programs;
  • provide information related to college and careers, and
  • assist students who may exhibit challenges to academic success including, but not limited to, attendance or behavioral concerns and, where appropriate, to make a referral to a properly licensed professional and/or certified pupil personnel service provider for more targeted supports.

School Counselors will:

  • provide additional direct student services as necessary such as crisis response, group counseling, and assisting students that exhibit attendance, academic, behavioral or adjustment concerns while encouraging parental involvement;
  • provide referrals to appropriate licensed professionals, as needed;
  • provide an annual individual progress review plan for students in grades 6-12 which shall reflect each student’s educational progress and career plans; and

develop a school counseling plan that includes program objectives, activities, program development and maintenance planning, school counseling, curriculum development, professional development planning, evaluation methods based on data analysis of program results and closing the gap analysis reports to inform program improvement, and assessment of the resources necessary to support positive student outcomes. 

Policy References:
8 NYCRR §100.2(j) 

4730 - Homework

Adoption Date: 7/10/2000, Revised: 9/12/2013 
4000 - Instruction

4730 Homework

The Board of Education 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.

Homework shall be assigned according to these guidelines:

1. Homework should be a properly planned part of the curriculum extending and reinforcing the learning experience of the school.

2. Homework should help children learn by providing practice in the mastery of skills, experience in data gathering and integration of knowledge, and an opportunity to remediate learning problems.

3. Homework should help develop the student's sense of responsibility by providing an opportunity for the exercise of independent work and judgment.

4. The number, frequency, and degree of difficulty of homework assignments should be based on the abilities, activities, and needs of the student. However, the grade given for the homework is dependent on the student's performance.

5. As a valid educational tool, homework should be clearly assigned and its product carefully and promptly evaluated.

The Board believes that parental involvement in students' homework is essential to making homework an integral part of the educational program. Parents are expected to encourage and monitor homework assignments and, to the extent possible, provide conditions that are conducive to their successful completion.

4771 - Early Graduation

Adoption Date: 7/10/2000, Revised: 12/8/2016 
4000 - Instruction

4771 Early Graduation

The Board of Education, in certain instances, shall grant students who wish to graduate from high school in less time than the ordinary four-year sequence the permission to complete graduation requirements on an alternative schedule. To this end, all normal graduation requirements must be completed for early graduation.

Students graduating early shall be ranked with the graduating class, and shall be eligible for all honors and awards available to that class, including Summa Cum Laude and Magna Cum Laude.

In regard to individual student requests, the following factors may be considered: the student's grades, performance in school, his/her future plans, and benefits that would accrue to the student if the request for early graduation were to be approved. The building principal shall make the final decision on whether to grant permission after consultation with the individual student's counselor, the English department chairman, student and parent(s)/guardian(s).

Policy References:
Appeal of Sperry, 37 EDR 660 (1998) (Dec. No. 13,951)
Appeal of Chesbrough, 32 EDR 647 (1993) (Dec. No. 12,944)
Matter of Roberts, 15 EDR 269 (1976) (Dec. No. 9,164) 

4773 - Diploma and Credential Options for Students with Disabilities

Adoption Date: 7/10/2000, Revised: 3/9/2017 
4000 - Instruction

4773 Diploma and Credential Options for Students with Disabilities

The Board of Education is committed to supporting all students so they are college-and career-ready upon graduation. The Committee on Special Education (CSE), which includes parents/guardians, will work with students with disabilities to attain the appropriate diploma or credential based on their Individualized Education Program (IEP).  

Regents Diploma or Regents Diploma with Advanced Designation
Students with disabilities are encouraged to work toward the completion of requirements for a Regents diploma or Regents diploma with an advanced designation, as established by New York State and the Board.

Local Diploma
Students with disabilities may work toward completion of the requirements of a local diploma. The local diploma may be earned by meeting the standards set forth in state regulations.

Career Development and Occupational Studies Commencement Credential
Students with disabilities, who are not students with severe disabilities under Commissioner’s Regulations, may be issued a New York State Career Development and Occupational Studies Commencement Credential (CDOS), pursuant to the requirements of those regulations. The student may pursue a CDOS either in addition to or instead of a high school diploma. The District shall ensure that such students have been provided with appropriate opportunities to earn a high school diploma.

Skills and Achievement Commencement Credential
A student who meets the state definition of a student with severe disabilities, who has taken the State assessment for students with severe disabilities, may be issued a Skills and Achievement Commencement Credential pursuant to the requirements of Commissioner’s Regulations 8 NYCRR §100.6.

Continued Right to Educational Services
If a student receiving a Career Development and Occupational Studies Commencement Credential or a Skills and Achievement Commencement Credential is less than twenty-one years of age, the credential shall be accompanied by a written assurance of the student’s continued right to attend public school until the end of the school year in which the student reaches the age of twenty-one or until the student has earned a high school diploma, whichever is earlier.

Policy References:
8 NYCRR§§100.1; 100.5; 100.6; 100.9

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89

4810 - Teaching About Controversial Issues

Adoption Date: 7/10/2000, Revised: 1/12/2017 
4000 - Instruction

4810 Teaching About Controversial Issues

The Board of Education recognizes their broad responsibility for providing for a course of study in the schools that is appropriate to the age and ability of the students in the District. The Board also recognizes that within the broad parameters of curriculum, a teacher must be free to engage the classroom discussion and debate in order to stimulate the exchange of ideas and critical thinking.

Controversial issues may arise that deal with matters about which there are varied levels of opposing views, biases, emotions, and/or conflict. The Board wishes to ensure that controversial issues are presented in a manner that preserve the academic integrity of the District and reflects community values. Therefore, the Board establishes the following guidelines for teachers to follow when presenting controversial issues in the classroom:

1. In the classroom, matters of a controversial nature shall be handled as they arise in the normal course of instruction and not introduced for their own sake. Such issues shall be neither sought nor avoided.

2. When presenting various positions on a controversial issue, the teacher shall take care to balance major views and to assure that as many sides of the issues as possible are presented in a fair manner, with no position being espoused by the teacher as the only one acceptable.

3. When materials dealing with controversial topics are to be used, assigned or recommended, such materials must:

  • have educational value and be relevant to the curriculum; 
  • be appropriate to the age and maturity level of the students; and
  • not adversely affect the attainment of the District’s instructional goals or result in substantial disruption of the normal operation of the classroom.

Prior to presenting controversial materials to their students all teachers shall:

1. review carefully any and all material to be distributed to students with the understanding that they will be responsible and accountable for all materials distributed; and

2. notify and obtain approval from the Department Chairperson in advance of the dissemination of any material likely to be considered controversial by staff, class or community.

The Chairperson will review the materials to determine their suitability pursuant to the guidelines above.

Teachers of subjects involving controversial issues are assured of the school administration’s and Board of Education’s support if it is found that such teachers have been subjected to unfair criticism or partisan pressures from individual or groups.

Policy References:
Hazelwood v. Kuhlmeier, 484 US 260 (1988)
Tinker v. Des Moines Independent Community School District, 393 U.S. 260 (1988)
Board of Ed. v. Pico, 457 U.S. 853 (1982) 
Appeal of Malverne Union Free School District, 29 Educ. Dep’t. Rept. 363 (1990)
Appeal of O’Connor, 29 Educ. Dep’t. Rept. 48 (1989)

4821 - School Ceremonies and Observances

Adoption Date: 7/10/2000, Revised: 12/8/2016 
4000 - Instruction

4821 School Ceremonies and Observances

The Board of Education recognizes the value of certain ceremonies and observances in promoting patriotism and good citizenship among the students. Therefore, activities in schools commemorating national holidays such as Memorial Day, Thanksgiving and President's Day are encouraged.

The Board remains impartial with regard to religion and seeks neither to advance nor inhibit religion. Students, faculty and administration are reminded of the pluralism of religious beliefs and are urged to be conscious of and respect the sensitivities of others. Therefore, no religious celebrations including organized prayer, bible reading or other activities performed in a religious context may be held on public school property, except to the extent permitted by the Equal Access Act.

Notwithstanding, the Board recognizes that activities related to the celebration of religious holidays present an excellent opportunity to teach about religion and foster respect and understanding among students. In addition, educational goals motivated by secular purposes cannot always filter out religious aspects, and sometimes require the presentation of material with religious themes. Therefore, activities related to the observance of religious holidays will be permitted to the extent that they are conducted in an unbiased and objective manner and focus on the origins of the holiday, its history, and the generally agreed upon meaning of the holiday observance.

In planning activities related to a religious holiday or theme, special effort should be made to ensure that the activity is not devotional and students of all faiths can join without feeling that they are betraying their own beliefs. Therefore,

1. school and class plays shall not be overtly religious and church-like scenery will be avoided;

2. religious music shall not entirely dominate the selection of music; and

3. program notes and illustrations shall not be religious or sectarian.

The display of religious objects or symbols is also prohibited except to the extent that they are used as a teaching aid or resource to provide examples of cultural and religious heritage within the context of a short-term study in the curriculum such as world religions, art or history. Symbols which are secular and seasonal in nature, such as Santa Claus and Easter bunnies, can be displayed in a seasonal context.

Students shall be given the option to be excused from participating in those parts of a program or curriculum involving a religious theme which conflicts with their own religious beliefs.

Policy References:
Santa Fe Indep. Sch. Dist. V. Doe, 530 U.S. 290 (2000)
Lee v. Weissman, 505 U.S. 577 (1992) 
Lemon v. Kurtzman, 403 U.S. 602 (1971)
Lynch v. Donnelly, 465 U.S. 668 (1984)
County of Allegheny v. American Civil Liberties Union of Greater Pittsburgh Chapter, 492 U.S. 573 (1989)
Florey v. Sioux Falls School District; 619 F2d 1311 (8th Cir., 1980)
Matter of Rosenbaum, 28 EDR 138 (1988)
Matter of Cromwell, 72 EDR 116 (1951) 

4850 - Animals in the Schools (Instructional Purposes)

Adoption Date: 8/11/2016
4000 - Instruction

4850 Animals in the Schools (Instructional Purposes)

Animals may be permitted in the schools for instructional purposes. It is the building administrator’s responsibility to ensure that there is an appropriate educational purpose and a healthy learning environment for all students, including those who have, or develop, life-threatening allergies. Animals are not to be transported on school buses.

It shall be the responsibility of the principal or his/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.

Approval of the building principal is required prior to bringing any animal to the campus for instructional purposes. The pet owner will be responsible for the proper control of such animals.

The Board of Education recognizes that the study of living things is essential to effective instruction in the life sciences. The primary goals for demonstrations and investigations involving animals are to achieve an interest in and an understanding of the life processes, to demonstrate biological principles, and to teach proper care and handling of animals. Therefore, the Board requires that any such instructional activities, investigations, and projects be well-planned and adequately supervised, and be conducted with a respect for life and an appreciation of the health and safety of both animals and students.

The Board also recognizes that some students have a moral or religious objection to dissection or otherwise harming or destroying animals. In accordance with state law, students shall have the right to opt out of dissection activities, provided that the student performs an alternative project approved by the student’s teacher. The objection must be substantiated in writing by the student’s parent or guardian.

For all courses that include animal dissection, the District shall give notice to the students in those classes of their opt-out rights and responsibilities under the law and this policy. Such notice shall be shared with parents/guardians of those students and also be available upon request.

Policy References:
Education Law §809(4)
Responsible Use of Live Animals and Dissection in the Science Classroom, National Science Teachers Association Position Statement, revised March 2008 (www.nsta.org/about/positions/animals.aspx)

Policy Cross References:
 » 1501 - Animals On School Grounds

5000 - Students

5000 - Student Policies Goals

Accordion

5225 - Student Personal Expression

Adoption Date: 10/11/2018
5000 - Students

5225 - STUDENT PERSONAL EXPRESSION

The Board of Education recognizes the importance and value of student personal expression and recognizes that students do not shed their first amendment right of free expression at the schoolhouse gate. As in broader American society, the Board also understands that there is a balancing of an individual’s rights under the First Amendment with the rights of the community. Student personal expression in this context refers to student verbal and written communication using any medium (paper, e-mail, website postings, etc.) including, but not limited to poetry, prose, art, video and music composition that is intended to be shared with the broader school community, or other actions taken to express viewpoints such as demonstrating or protesting.

Although students retain their right to free expression in school, that right is not unfettered. School officials may regulate expression as to time, place and manner. Students’ expression which causes a substantial disruption or which materially interferes with school activities or rights of others or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities, is not constitutionally protected speech.

Distribution of Materials

When students wish to personally express themselves in the broader school community by distributing materials, they must seek prior approval from the building principal or his/her designee. The building principal or his/her designee will render his/her decision within two school days of receiving the request. The building principal shall give due consideration to the constitutionally protected right of freedom of expression, the maintenance of the normal operation of school and its activities, the protection of persons and property and the need to assist students in learning appropriate ways to exercise their rights. Unless such student expression takes place within the confines of a school-sponsored event/activity, authorization will be granted if:

·       The material is distributed as directed by the principal or designee in such a manner as to not materially or substantially interfere with the rights of others or substantially disrupt the normal operation of the school;

·       The material is not considered to be obscene, lewd, indecent, libelous, an invasion of the privacy of other individuals, or an expression that attacks a person’s character, family, or actual or perceived race, color, religion, religious practice, age, weight, sex, ethnic group, national origin, physical appearance, sexual orientation, gender (including gender identity or gender expression) or disabling condition.

·       The material is free from advertisements or promotion of cigarettes, liquor, illegal or illicit drugs, or drug paraphernalia or other products or services harmful to minors and/or not permitted to minors by law, or advocating breaking laws and school policies and/or regulations.

Procedural Due Process

If a student(s) seeks to distribute material within school buildings or at school events, he/she must present such material for prior review by the Building Principal who must make a decision regarding distribution within two (2) school days of receipt of the request and then provide the reason for the denial in writing. The aggrieved student(s) may, within two (2) days, appeal in writing to the Superintendent of Schools. The Superintendent of Schools must issue a written decision within two (2) school days after receiving the appeal.

Off-Campus Student Expression

Generally, school administrative authority regarding student expression does not extend beyond school grounds or school-sponsored functions. However, with today’s technologies, the line between off and on campus expressions can be blurred. Students are advised that if off campus personal expression substantially disrupts or materially interferes with school activities or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities or interrupts another individual’s access to school, such as when the speech is threatening in nature, they may be subject to discipline under the Code of Conduct.

Student Demonstrations and Protests

Students maintain their constitutional right while they are in school, or at school sponsored events, to peacefully assemble. However, the District may take reasonable actions to maintain a safe and functioning learning environment, to ensure that the school environment is not materially disrupted. Accordingly, school officials maintain the authority to limit student demonstrations which result in materially disrupting the operation of the schools’ educational process. In addition, the school may deem student absences from school or class to demonstrate or protest to be unexcused under the District’ Attendance Policy (#5100), and those absences may result in consequences under that policy.

The District may also plan and host its own events to address issues of student and school concern.

Violation of Policy

Students who violate this policy will be subject to the appropriate disciplinary action, which may include short or long-term suspension, in accordance with the Code of Conduct.

Policy References:
Morse v. Frederick, 551 U.S. 393 (2007)
Bethel School District v. Fraser, 478 U.S. 675 (1986)

Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, (1969)
Eisner v. Stamford Board of Educ., 314 F Supp 832, modf’d 440 F2nd 803 (1971)

 Policy Cross References:
0115, Sexual Harassment and Bullying Prevention and Intervention
4526, Acceptable Use of Computers and the Internet
5100, Attendance Policy
5300, Code of Conduct

 

Adoption Date: 10/12/2000, Revised: 1/15/2015 
5000 - Students

5000 Student Policies Goals

Students are the focal point of all District operations and must receive the primary attention of the Board of Education and all staff members. Consequently, the Board will spend most of its time in study, deliberation, and policy formulation on matters directly related to student welfare.

The Board recognizes the individual worth of each student. The Board and staff accept the responsibility of helping each student to develop his/her capacity for intellectual, physical, emotional, and social growth. The Board acknowledges that a student's growth is influenced by his/her environment, both at home and in school. Therefore, the School District shall strive to create an environment in which the student may learn to live and adapt successfully in an ever-changing world, in order to become a responsible and productive member of society.

The Board and District staff shall work together to achieve the following goals:

1. to tailor the learning program to each student's learning styles, interests, and aspirations;

2. to protect and observe the legal rights of students;

3. to enhance the self-image of each student by helping him/her feel respected and worthy through a learning environment that provides positive encouragement through frequent success;

4. to provide an environment in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens; and

5. to promote faithful attendance and good work.

5020.3 - Rights of Students with Disabilities Under Section 504

Adoption Date: 10/12/2000, Revised: 1/16/2014 
5000 - Students

5020.3 Rights of Students with Disabilities Under Section 504

The Board of Education shall ensure that no student is discriminated against in programs or activities receiving federal financial assistance. Individuals protected by Section 504 of the Rehabilitation Act of 1973 are those individuals who: have a physical or mental impairment which substantially limits one or more major life activities (e.g. caring for one's self, performing manual tasks, walking, standing, lifting, bending, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating and working); have a record of such impairment; or are regarded as having such an impairment. Students who qualify for protection under Section 504 are: of an age during which non-disabled children are provided preschool, elementary or secondary education services; of an age during which it is mandatory, under state law, to provide such educational services to disabled children; or to whom a state is required to provide a free appropriate public education (e.g. under IDEA).

The Board directs the administration to refer, evaluate, identify, place, provide adaptations for and review all eligible students with disabilities. A student whose disability is episodic or in remission is still eligible to be qualified under the Act. In addition, the determination that a student has an impairment that substantially limits a major life activity will be made without regard to whether mitigating measures (such as medication, devices, prosthetics, hearing aids, etc.) ameliorate the effects of the disability.

The Board directs the Superintendent to provide the staff appropriate training in this area of the law so as to ensure that the District is able to comply with the law and not discriminate against students with disabilities.

The Board shall adopt a grievance procedure to resolve Section 504 complaints and designate an individual to coordinate compliance with Section 504. The Board shall ensure that students with disabilities and their parents are notified annually of the Board’s responsibilities under Section 504.

Policy References:
Americans with Disabilities Act Amendment Act of 2008, 42 USC §§12101 et seq.
Rehabilitation Act of 1973, 29 USC §§705, 794 et seq. (Section 504)
34 CFR Part 104
Individuals with Disabilities Education Act, 20 USC §§1400 et seq.
(IDEA)
Education Law, §§4401 et seq. (Article 89)
8 NYCRR Part 200

Policy Cross References:
 » 0100 - Nondiscrimination and Equal Opportunity
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 5420 - Student Health Services

5030 - Student Complaints

Adoption Date: 6/12/2014
5000 - Students

5030 Student Complaints

The Board of Education believes it is necessary that students be made aware of the behavior that is expected of them, as outlined in District policies on school conduct and discipline. Building principals are responsible for ensuring that appeal procedures are incorporated into discipline codes and/or student handbooks, explained to all students, and provided to all parents on an annual basis.

The Board encourages students to be active participants in the educational process. The Board strives to provide students with a sound educational environment, ensure that all students are treated fairly, and afford students the due process protections they are entitled to under the law. The Board understands that there may be times when students do not agree with school practices or feel as though they have been treated unfairly.

Many concerns about school practices can and should be addressed through the student government. Student handbooks may also provide valuable information. For other issues, the District has different channels for resolution of complaints, depending on the nature of the complaint. Understanding the Board policy on an issue is the first step towards resolving any complaints. Students are urged to follow the established Board policy, but should always feel free to discuss concerns with any school staff member or the building principal. School staff and administrators are expected to work with students toward an amicable resolution of the issue.

Issue

Policy (policy number)

Civil rights; discrimination

Equal Opportunity (0100)

Disciplinary matters

Code of Conduct (5300)

District policies and practices

Public Concerns (1400)

Due Process

Code of Conduct (5300)

Free Speech

Student Publications (5220)

Harassment, hazing, bullying

Student Harassment and Bullying Prevention and Intervention (0115)

Privacy (lockers, searches)

Code of Conduct (5300)

Sexual harassment

Sexual Harassment (0110)

Student educational records

Student Records (5500)

Student rights and responsibilities

Code of Conduct (5300)

Staff members

Public Concerns (1400)


Policy Cross References:
 » 0100 - Nondiscrimination and Equal Opportunity
 » 0110 - Sexual Harassment
 » 0115 - Student Harassment and Bullying Prevention and Intervention
 » 1400 - Public Concerns
 » 5220 - Student Publications
 » 5300 - Code of Conduct
 » 5500 - Student Records

5040 - Prayer in the Schools

Adoption Date: 4/10/2003, Revised: 1/15/2015 
5000 - Students

5040 Prayer in the Schools

It is the policy of the Board of Education to not prevent, or otherwise deny participation in, constitutionally protected prayer in the District's schools, consistent with guidance issued by the U.S. Department of Education, and applicable judicial decisions interpreting the religion clauses of the First Amendment of the U.S. Constitution.

This policy supersedes any other Board policy that might be inconsistent with it.

5100 - Attendance Policy

Adoption Date: 9/25/2003
5000 - Students

5100 Attendance Policy

Vision for School Attendance

Attendance is a critical factor in school success for students. Consistent school attendance, academic success and school completion have a positive correlation. School attendance is both a right and a responsibility in New York State. Children have the right to attend school between the ages of 5 and 21, and New York State Education Law Section 3205 and 3210 mandates attendance between the ages of 6 and 18. Parents are expected to make sure that their children attend school on a regular basis.

Although accurate recordkeeping and analysis of data are critical, the ultimate success of the school attendance program is determined by the quality of the school culture. Positive school culture is a prerequisite for good attendance. School culture is the overall physical and psychological atmosphere in a school: the behaviors, attitudes and beliefs exhibited by all school staff, students, parents and community workers. Creating a positive school culture can have profound effects on student performance. Such a culture is accepting and inclusive with opportunities for all to learn.

Everyday interactions and activities in a school should encourage students to attend and should prevent school failure. Schools that exhibit the following factors are called protective schools:

  • A positive physical and psychological environment.
     
  • The presence of strong adult role models in students' lives
     
  • Respectful and nurturing interactions between adults and students.

  • A high level of student bonding to the school.

In a protective school, the physical and psychological atmosphere promotes healthy youth development. Bonding to school (being connected to the people and the place) is a major factor in determining success.

The goal of school attendance policies and programs is to encourage students to come to school ready to learn. Traditionally, there have been four purposes for attendance taking in schools:

  • To know the whereabouts of every student for safety and other reasons.

     

  • To determine the District's average daily attendance for State Aid reimbursement.

     

  • To verify that individual students are complying with Education Law in relation to compulsory attendance.

     

  • To identify individual and group attendance patterns in order to provide attendance improvement programs and services.

     

    In order to meet the Regents goals of raising student achievement to higher levels and closing the gaps in student achievement, it is imperative that students regularly attend school to receive instruction.

    In accordance with New York State Department of Education Regulations for School Attendance, each public school district shall adopt a comprehensive attendance policy that contains these nine (9) elements:

    (i) a statement of the overall objectives to be accomplished;

    (ii) a description of the specific strategies to be employed to accomplish these objectives;

    (iii) a determination of which pupil absences, tardiness and early departures will be excused and which will not be excused and an illustrative list of excused and unexcused pupil absences and tardiness;

    (iv) a description of the coding system used to identify the reason for a pupil's absence, tardiness or early departure recorded in the register of attendance;

    (v) a description of the school district's policy regarding pupil attendance and a pupil's ability to receive course credit;

    (vi) a description of the incentives to be employed to encourage pupil attendance and any disciplinary sanctions to be used to discourage unexcused pupil absences, tardiness and early departures;

    (vii) a description of the notice to be provided to the parent(s) of, or person(s) in parental relation to, pupils who are absent, tardy or depart early without proper excuse;

    (viii) a description of the process to develop specific intervention strategies to be employed by teachers and other school employees to address identified patterns of unexcused pupil absence, tardiness or early departure; and

    (ix) identification of the person(s) designated in each school building who will be responsible for reviewing pupil attendance records and initiating appropriate action to address unexcused pupil absence, tardiness and early departure consistent with the comprehensive attendance policy.

    1. Statement of Local Objectives

    Success in the educational programs offered by the District is predicated upon the presence of the student, and requires continuity of instruction and classroom participation. The regular contact of students with one another in the classroom, and their participation in a well planned instructional activity under the supervision of a qualified, competent teacher is essential to this purpose. Unwarranted, unexcused absences have a highly adverse effect on the student as well as the entire educational program. Therefore, the School Superintendent, the Board of Education, the administrators and faculty urge all parents/persons in parental relation to make every effort for their child(ren) to be in attendance at school.

    2. Description of Strategies to Meet this Objective

    In order to ensure that all students attend school consistently, the District will maintain an adequate record of verifying the attendance of all children during instruction. The record of attendance will account to the parents/persons in parental relation of all children enrolled in the District, the whereabouts of such children throughout the day. In addition, pupil attendance recordkeeping will ensure sufficient student attendance at all scheduled periods of instruction, or other supervised study activities to permit such pupils to succeed at meeting the New York State Learning Standards.

    3. A Determination of Which Pupil Absences, Tardiness and Early Departures are Excused and Which are Not

    As previously stated, student attendance is essential for the absorption and retention of instructed material. This is so essential that the Compulsory Education Law requires the regular attendance of all children from 6 years old, until they reach their 18th birthday.

    New York State has divided all student absences into two categories: Excused and Unexcused.

    Examples of excused absences for not attending school are:

  • personal illness,
  • death in the family,
  • school sponsored field trip,
  • quarantine,
  • religious observance (Part 109.2 of the Commissioner's Regulations)
  • visits to colleges with prior approval from guidance counselor,
  • job shadowing with prior approval from the Career Center and verification from job site,
  • required court appointments, and other excuses accepted by the Commissioner of Education.

    Unexcused absences occur when the parent is aware of the student's whereabouts and the absence is not one of those approved by the State.

    Examples of unexcused absences are:

  • vacations,
  • trips,
  • job interviews,
  • hunting,
  • personal errands,
  • missed the bus,
  • overslept,
  • needed at home,
  • baby-sitting

    In addition, being truant is an unexcused absence. It is defined as an absence from class or school without the knowledge of the student's parents/persons in parental relation.

    In grades K-6, the student's presence is required in the classroom at the start time for instruction for each specific building. Children arriving after that time will be considered tardy. At the secondary schools, the student's presence is required in the classroom at the start time for instruction for that specific period. Children arriving after that time will be considered tardy. In Kindergarten, attendance will be taken at the beginning of the AM and PM sessions; in grades 1-6 attendance will be taken at the start time for each building; and in grades 7-12, attendance will be taken at the beginning of each instructional period.

    The classroom or homeroom teacher is responsible for taking attendance. The individual school starting/ending times can be found in the District calendar.

    All student absences, tardiness, and early departures must be accounted for, therefore, it is the parent's, or person's in parental relation, responsibility to notify the school nurse within at least 24 hours of the absence, tardiness and/or early departure. In addition, it is the responsibility of the parent, or person in parental relation, to provide a written excuse upon the student's return to school.

    4. A Description of the Coding System for Absences

    The record of each pupil's presence, absence, tardiness and early departure will be maintained by each school in a register of attendance. For this purpose the District has implemented the SASIxp program.

    The information maintained in the SASIxp module includes at least the following information for each pupil:

    a) name

    b) date of birth

    c) full names of parents or persons in parental relation

    d) address where the pupil resides

    e) phone number(s) where the parents or persons in parental relation may be contacted

    f) date of pupil's enrollment

    g) a record of the pupil's attendance on each day of scheduled instruction

    The pupil's absence will be recorded using the indicators listed on the chart below.

    Reason Indicator Definition

    Unverified "UNV"  occurs when a student is absent and we don't know, as yet, the reason for the absence.

    Truant "TRU"  occurs when a student is absent from school without the knowledge and consent of his parent, or person in parental relation, for other than excused reasons.

    In-School Suspension "ISS"  occurs when the student is removed from class for disciplinary reasons and attends school in the ISS room.

    Out of School Suspension "OSS"  occurs when the student is removed from class for disciplinary reasons and is not allowed to return for a specific amount of time. The child receiving an OSS may receive tutoring during this time.

    Home Tutor "HMT" occurs when a student cannot receive instruction in school. A student may be provided the services of a home tutor due to a lengthy illness or while waiting for a special education placement.

    Unexcused Absence "UEX" occurs when the parent is aware of the student's whereabouts and the absence is not one of those approved by the State. Examples of an unexcused absence are: vacations, trips, job interviews, hunting, personal errands, missed the bus, overslept, needed at home and babysitting.

    Excused Absence "EXC"  occurs when a student is not in attendance due to: personal illness, death in the family, school sponsored field trip, quarantine, religious observance, visits to colleges with prior approval from guidance counselor, job shadowing with prior approval from the Career Center and verification from job site, required court appointments, and other excuses accepted by the Commissioner of Education.

    School Activity "SAC"  occurs when a student is absent from class because s/he is participating in a District/School approved educational activity.

    Unexcused Tardy  "UXT" occurs when the parent is aware of the student's whereabouts and the reason for being late is not one approved by the State. Student is late without a valid excuse.

    Excused Tardy "EXT"  occurs when the student has a valid reason/excuse for being late.

    Blue Pass "BP"  is issued to a student who enters a class late or for early dismissal. A blue pass is issued by the school nurse/designee.

    Field Trip "FDT" occurs when the student is participating in an approved District/School activity that is related to the curriculum of study.

    Retention of Records

    Part 188.20 of the Commissioner's Regulations retention and preservation of records requires Local Educational Agencies (LEA) to:

    1. Have a plan, procedures, and storage facilities to insure electronic records are maintained and stored properly for as long as required.

    2. Record Retention and Disposition Schedule (ED-1) requires 6 year retention period for attendance register data either electronic format or booklet form.

    3. Records created prior to 1928 must be kept permanently.

    Part 188.20 of the Commissioner's Regulations specifically requires the district to prepare and store back-up copies of electronic records in a secure off site facility in order to safeguard against loss.

    Backup can be accomplished electronically with hard (paper) copy or both.

    5. A Description of School Policy Regarding Attendance and Course Credit

    The Board of Education recognizes an important relationship between class attendance and student performance. Therefore, in order for a pupil to receive course credit, a minimum standard of attendance has been established. However, where a student earns a passing grade, credit will not be denied for the course.

    Any student absent from a class more than 20% of the time or 18 days for a full year course, for any reason, excused or unexcused, may not receive credit. The student may not receive credit because, for example, he/she did not learn the material taught in the missed classes, did not complete missed homework assignments, failed test, or quizzes, or did not complete projects.

    For a half-year course the same policy applies. The ninth absence in a half year course may result in a loss of credit, because, for example, the student did not learn the material missed when he/she was absent, did not complete missed homework assignments, failed quizzes or tests, or did not complete projects.

    Those students, who have excessive absences from school or class, will be given the opportunity to make up a test or other missed work and/or to turn in a late assignment for inclusion in the final grade. Make up opportunities must be completed by a date specified by the child's teacher for the class in question.

    If the student wishes to remain in the class, he/she will be allowed the opportunity to make up the classes and work missed at the discretion the Principal/designee. To ensure due process, the implementation of this general attendance policy will be in accordance with rules and regulations as developed by the administration. Further, the District shall publicize and disseminate this policy in order to ensure faculty, student and parental awareness.

    Attendance at school sponsored events, where the instruction is substantially equivalent to that of the class, which was missed, shall be counted as the equivalent of regular attendance in class.

    Transfers and students re-enrolling after having dropped out will be expected to attend 80 percent of the scheduled class meetings during their time of enrollment. The procedure followed will be prorated according to the possible number of class meetings.

    6. A Description of Incentives/Sanctions to be Used

    Each school in the District has developed various incentives for consistent student attendance, as well as, sanctions to be implemented for absences.

    Incentives that encourage attendance may include:

  • End of the year recognition at the awards assembly,
  • Participation in extracurricular activities,
  • Receiving donated gifts,
  • Lunch with the teacher/principal,
  • Recognition by the Superintendent, or
  • A letter to parents.
  • Issuance of a student's work permit as defined under section 3215-a of Education Law
  • Issuance of a certificate of satisfactory academic standing for 16 or 17 year olds to work past 10:00 pm.

    Sanctions that may be implemented to discourage unexcused absences, tardiness, and early departure may include:

  • A warning from the classroom teacher,

     

  • Detention,

     

  • Referral to the school office,

     

  • Administrative intervention with parent involvement,

     

  • Denying participation in extracurricular activities or sports,

     

  • In-school suspension,

     

  • Failure to receive course credit,

     

  • Restriction of driving privileges,

     

  • Referred to the School Resource Officer (SRO)

     

  • Revocation of a student's work permit as defined under section 3215-a of Education Law

     

  • Withdrawal of a certificate of satisfactory academic standing for 16 or 17 year olds to work past 10:00 pm.

     

  • Filing of a Persons In Need of Supervision (PINS) petition or services (Family Court Act, Section 712A, Section 732), or

     

  • Referral to Child Protective Services for educational neglect (Social Services Law Section 413)

     

    7. A Description of Notification of Parents of, or Persons in Parental Relation to,

    the Pupil

    The school administration in the District will notify a pupil's parents, or persons in parental relation, of absenteeism, tardy, or early departures without proper excuse. The notification process will occur initially through the nurse's office in each building. If corrective action does not occur, the situation will be referred to the building administrator. The building administrator may request a conference with the parent and/or communicate in writing the District's concerns for the pupil's lack of attendance.

    8. A Description of the Development Process for Intervention Strategies

    In each school in the District there exists an Instructional Support Team (IST) that meets regularly to discuss teacher and staff concerns about their pupils. The IST may include some, or all, of the following staff members

  • IST Chairperson (Required)

     

  • Building Principal/Assistant Principal

     

  • Social Worker

     

  • School Psychologist

     

  • School Counselor

     

  • Substance Abuse Prevention/Intervention Coordinator

     

  • Support staff

     

  • Support teachers

     

  • Parent(s)

     

  • School Nurse

     

    A student who has been identified as having a pattern of unexcused absences, tardiness or early departure will be discussed at the IST. The members of the IST will develop a plan of action for the purpose of improving the pupil's attendance.

    Intervention strategies to improve school attendance may include:

  • Following the absence pattern closely;

     

  • Assessing parental involvement;

     

  • Ruling out school problems;

     

  • Working with the principal for administrative action;

     

  • Involving the school physician;

     

  • Involving the student's pediatrician with the consent of the parents of, persons in parental relation to, the child;

     

  • Contacting the child's psychiatrist for mental health issues;

     

  • Educating parents;

     

  • Coaching parents of young children how to separate from them;

     

  • Providing social support groups for the anxious child;

     

  • Collaboratively working with the Department of Social Services; and/or

     

  • Referring parents to other local service agencies.

     

     

    9. Identification of the Person to Review Attendance Records and to Initiate Action

    Commencing with the 2002-2003 school year, the principal in each building will be responsible for reviewing pupil attendance records and initiating appropriate action to address unexcused pupil absence, tardiness and early dismissal.

5130 - Compulsory Attendance Ages

Adoption Date: 10/12/2000, Revised: 3/20/2014 
5000 - Students

5130 Compulsory Attendance Ages

All children are required by New York State law to attend school full time, in a public, private or parochial school, unless exempt from attendance in conjunction with current law or regulation, and approved by the State Education Department from the first day of session in September of the school year in which the minor becomes six years of age through the last day of the school year in which such minor becomes sixteen years of age, unless he/she has completed a four-year high school course of study. A minor who has completed a four-year high school course of study is not required to attend.

Additionally, students between the ages of sixteen and seventeen are required to attend school until the last day of session in the school year in which they become seventeen, unless they are employed. Proof of employment must be furnished to the Superintendent of Schools in the form of a letter from the employer.

The Board of Education, through the Superintendent of Schools as chief administrative officer, is responsible for enforcement of the Compulsory Education Law.

Policy References:
Education Law §§1711; 3201; 3202(1-a); 3205; 3206; 3208; 3225
8 NYCRR §101
Family Court Act §§711 et seq.

Policy Cross References:
 » 1741 - Home Schooled Students

5150 - School Admissions

Adoption Date: 10/12/2000, Revised: 3/20/2014; 11/13/2014, 2/12/15 
5000 - Students

5150 School Admissions

The District shall provide a public education to all persons residing in the District between the ages of five and twenty-one who have not received a high school diploma. The District requires that the child become five years of age on or before December 1 of the school year he or she begins school.

A veteran of any age who has not yet received his/her high school diploma and who has been discharged under conditions other than dishonorable is eligible to attend school.

A non-veteran under twenty-one years of age who has received a high school diploma shall be permitted to attend school or BOCES upon payment of tuition.

Upon registration, all new students shall be required to present:

1.    Proof of age – examples of acceptable forms of documentation include, but are not limited to , a birth certificate, baptismal record, an entry in a family bible, an adoption record, an affidavit from a parent/guardian, or a passport (including a foreign passport);

2.    Record of immunizations* and a health certificate from a licensed physician; and

3.    Proof of District residency – examples of acceptable forms of documentation include, but are not limited to, a pay stub, income tax form, mortgage or lease documents to a house or apartment, telephone or utility bills or other bills sent to the student’s home address, rent payment receipts, a copy of a money order for payment of rent, a letter from a parent’s employer that is written on company letterhead, voter registration document or a state- or other government-issued ID.

*Regulations that accompany policy 5420, Student Health Services, provide additional guidance regarding immunization records.

If the parent/guardian of a student seeking to enroll is limited English proficient, the District will meaningfully communicate material information about enrollment as required by federal law. The District will provide parents/guardians of all newly enrolled students with appropriate information including student handbooks and information about access to special education services.

Policy References:
Education Law §§903; 904; 3202; 3208; 4402(8)
Public Health Law §2164
Student Registration Guidance, New York State Department of Education, August 26, 2010
www.emsc.nysed.gov/sss/pps/residency/studentregistrationguidance082610.pdf
Educational Services for Recently Arrived Unaccompanied Children, New York State Education Department, September 10, 2014 
Information on the Rights of All Children to Enroll in School, U.S. Departments of Education and Justice, Revised May 8, 2014
Fact Sheet I and II: Information on the Rights of All Children to Enroll in School, http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201405.pdf
Phyler v. Doe 457 US 202 (1982)

Policy Cross References:
 » 5151 - Homeless Children
 » 5420 - Student Health Services

5151 - Homeless Children

Adoption Date: 1/13/2005, Revised: 10/13/2011; 10/13/2016, 07/13/2017 
5000 - Students

5151 Homeless Children

The Board of Education recognizes its responsibility under federal (McKinney-Vento) and state laws and regulations to identify homeless children within the District, encourage their enrollment and eliminate existing barriers to their identification, enrollment, attendance, or success in school which may exist in District practices. The Board will provide homeless children attending the District’s schools with access to the same free and appropriate public education and other school programs and activities, including publicly funded preschool education, as other children.

A homeless child is a child who lacks a fixed, regular, and adequate nighttime residence or who has a primary nighttime location in a public or private shelter designed to provide temporary living accommodations, or a place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. This definition also includes a child who shares the housing of others due to loss of housing, economic hardship, or similar reason; lives in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; lives in a car, park, public space or abandoned building, substandard housing, bus or train station or similar setting; has been abandoned in a hospital; or is a migratory child who qualifies as homeless. An unaccompanied youth is a homeless child not in the physical custody of a parent or guardian.  

To assist in determining eligibility for services under the McKinney-Vento Act, the District shall use a housing questionnaire for all enrolling students, and those reporting a change of address, which asks for a description of the student’s current living arrangements.

A homeless child or youth has the right to attend his/her school of origin, or any school that permanently housed students who live in the attendance area in which the homeless student is actually living. For homeless students, a school or origin can be:

1.  the public school where he/she attended when permanently housed (i.e., before becoming homeless), or
2.  the public school where he/she was last enrolled, or
3.  the public school he/she was entitled or eligible to enroll in when the child became homeless, if that child became homeless after such child was eligible to apply, register, or enroll in a public preschool or kindergarten, or he/she is living with a school-age sibling who attends school in the District, or
4.  the designated receiving school at the next grade level for any feeder school, where the child has completed the final grade in the feeder school.

Such schools include publicly-funded preschools administered by the District or the State Education Department (SED).

The homeless child is entitled to attend the designated school on a tuition-free basis for the duration of his or her homelessness. If the child becomes permanently housed, the child is entitled to continue to attend in the same school building until the end of the school year and for one additional year if that year constitutes the child’s terminal year in such building. If a homeless child completes the final grade level in his/her school of origin, the child may also attend the designated receiving school at the next grade level for all feeder schools.

The Superintendent of Schools (or his/her designee) shall develop procedures necessary to expedite the homeless child's access to the designated school. Such procedures shall include:

1. Admission: Upon designation, the District shall immediately admit the homeless child to school, even if the child is unable to produce records normally required for enrollment, such as previous academic records, medical or immunization records (however, the District may temporarily exclude a child from attendance if there are actual symptoms of communicable disease that poses a significant risk of transmission to others), proof of age or residency or other documentation and even if there is a dispute with the child’s parents regarding school selection or enrollment. During a dispute, the student may continue attending the school until final resolution of the dispute, including all available appeals.

Homeless children will have the same opportunity as other children to enroll in and succeed in the District’s schools. They will not be placed in separate schools or programs based on their status as homeless. The District shall eliminate barriers to identification, enrollment and retention of homeless children, including barriers to enrollment and retention due to outstanding fees, fines or absences.

2. Transportation: The District shall promptly provide transportation for homeless students currently attending District schools as required by applicable law. In general, the District shall ensure that transportation is provided to homeless students enrolled in the District who attend a school of origin, including a publicly funded preschool administered by the District or SED, even if the student lives outside the District’s boundaries. Transportation shall be provided for the duration of homelessness, through the remainder of the school year in which the student becomes permanently housed, and one additional year if that is the student’s final year in the school.

3. School Records: For homeless students attending school out of the District, the District shall, within five days of receipt of a request for records, forward a complete copy of the homeless child's records including proof of age, academic records, evaluation, immunization records and guardianship paper, if applicable. For homeless students attending school in the District, the District shall request the student’s records (academic, medical, etc.) from the school the student last attended.

4. Coordination: The District shall coordinate with local social services agencies and other entities providing services to homeless children and their families for the provision of services to homeless children, and shall coordinate with other school districts on issues of prompt identification, transportation, transfer of records, and other inter-district activities. This shall include ensuring the provision of appropriate services to homeless students with disabilities who are eligible for services under either Section 504 or IDEA.

A portion of the District’s Title I, Part A funds shall be set aside for homeless children and youth to provide educationally related support services and services not ordinarily provided to other students.

Information about a homeless child’s living situation shall be treated as a student education record, and shall not be deemed to be directory information under FERPA (see policy 5500, Student Records, for more information).

The Superintendent shall also designate a McKinney-Vento liaison for homeless children and ensure that this person is aware of, and able to carry out, his or her responsibilities under the law. The Superintendent shall ensure that the liaison receives appropriate professional development on identifying and meeting the needs of homeless students, including the definitions of terms related to homelessness. The liaison’s responsibilities shall include, but not be limited to, ensuring that:

1. parents or guardians of homeless children are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

2. parents and guardians and unaccompanied youth are fully informed of all transportation services available to them, and are assisted in accessing them;

3. enrollment disputes involving homeless children are promptly mediated and resolved;

4. school personnel, through outreach and in coordination with shelters and social service agencies and other appropriate entities identify homeless children, including homeless preschoolers;

5. homeless children receive educational services, including but not limited to Head Start and preschool services to which they are eligible, as well as referrals to health care and other appropriate services for homeless children and their families;

6. public notice of the educational rights of homeless children is disseminated in locations frequented by homeless unaccompanied youth and parents/guardians of homeless children, in a manner and form understandable to them;

7. staff who provide services to homeless students receive required professional development and support on identifying and meeting the needs of homeless students; and

8.  homeless unaccompanied youth are informed of their rights, are enrolled in school, and have opportunities to meet the same state standards set for all students, including receiving credit for full or partial coursework earned in a prior school pursuant to Commissioner’s regulations.

In accordance with law and regulation, the District will offer a prompt dispute resolution process. A student shall be entitled to continued enrollment in the District’s schools, and transportation, pending resolution of the dispute and all available appeals.

In accordance with Commissioner’s regulations, the District shall collect and transmit to the Commissioner information necessary to assess the educational needs of homeless children within the State.

Policy References:
20 USC §6313(c)
42 USC §§11431, et seq.
McKinney-Vento Education for Homeless Children and Youth Program, 81 Fed. Reg. 14432-14436 (3/17/16)
U.S. Department of Education, Education for Homeless Children and Youths Program, Non-Regulatory Guidance (7/27/16), https://www2.ed.gov/policy/elsec/leg/essa/160240ehcyguidance072716.pdf
Education Law §§207; 305; 3202; 3205; 3209
Executive Law §§532-b; 532-e
Social Services Law §§17; 62; 397
8 NYCRR §§100.2(x); 175.6 

5152 - Admission of Non-Resident Students

Adoption Date: 10/12/2000, Revised: 7/10/2008; 3/20/2014 
5000 - Students

5152 Admission of Non-Resident Students

The Victor Central School District accepts only those students who are legal residents of the District, except as required by law or as otherwise provided in this policy. Any student who resides outside the boundaries of the District or whose parents/guardians reside outside the boundaries of the District shall be considered a non-resident student.  The District will only accept non-resident students under the following circumstances:

-    The District has contractual agreements with other school districts or BOCES for the admission of non-resident students into certain programs specifically open to non-resident students in cooperation with such other districts or the BOCES and /or pursuant to Education Law § 2045.  The District may enter into additional agreements for similar such programs from time to time that allow the attendance of non-resident students.  In all such cases, the non-resident students’ tuition is paid by the partner school district or the BOCES.

-    The District may admit non-resident students at its discretion whose parents or guardians have purchased a house within the school district, but who will not be able to take immediate occupancy.  No tuition shall be charged if the parents or legal guardians become residents within ninety (90) calendar days after the student commences attendance.  It is the responsibility of the parents or guardians to notify the School Office immediately upon becoming residents of the District. If legal residency commences after ninety (90) days, tuition will be charged from the first day of attendance to the start of legal residency.  If, for any reason, legal residency has not commenced within a reasonable time (generally, ninety days from admission), the District may immediately discontinue the enrollment of the student and seek tuition for the period enrolled in the District. 

-    Regularly enrolled resident students in grades kindergarten through 11 whose parents or guardians move out of the District between May 1 and the end of the school year will be permitted to attend Victor Schools on a non-tuition basis until the end of the school year during which the move occurs.

-    An enrolled resident senior student, whose parents or guardians move out of the District after the beginning of the school year, will be permitted to complete the senior year at Victor Senior High School without the payment of tuition upon the approval of the Superintendent of Schools.

 -    In addition, an enrolled resident senior student whose residency changes to a location outside the District may be allowed to complete his/her graduation requirements or other special cases when approved by the Superintendent with the knowledge of the Board.

-    A student who has successfully completed the academic requirements for entering the senior year, but whose parents or guardians are not residents of the District at the beginning of the school year, will not be permitted to complete the senior year in the District.

-    In determining senior student status, the beginning of the school year will be designated as the day following the student's completion of all academic requirements necessary to be enrolled as a senior student. 

-    Children of non-resident District employees may attend Victor Schools if permitted by specific contract language and upon the approval of the Superintendent of Schools.

In all cases, transportation shall not be provided to non-resident students except as required by law, contract or as might be arranged at no additional cost to the District.

Policy References:
Education Law §3202(2) 

5152.1 - Admission of Foreign Students

Adoption Date: 12/12/2000, Revised: 12/14/2017 
5000 - Students

5152.1 Admission of Foreign Students

The Board of Education recognizes the cultural enrichment derived from welcoming non-immigrant foreign students into the educational program. Thus, the Board encourages the attendance of non-immigrant foreign students in the District's high school.

Only non-immigrant foreign students who possess a valid J-1 or F-1 visa to study in the United States will be admitted to the District's high school. The Board retains the sole discretion to deny admission to any student not meeting all the requirements set forth in this policy and regulation.

Foreign Exchange Students (J-1 Visa)

The Board encourages District participation in a foreign exchange student program. Foreign exchange students will be admitted to the District high school for a one-year academic program.

1. The District recognizes only those organizations designated as “Exchange-Visitor Programs” by the United States Department of State, pursuant to federal regulations, as sponsoring organizations for the exchange of students. Any such organization must supply proof of designation prior to recognition.

2. No foreign exchange students subject to this policy and regulation shall be brought into the District by a foreign exchange student program unless he or she has been accepted in writing as a student by the high school building principal or a designee.

3. Foreign exchange students will be allowed to attend school and will be provided bus transportation to and from school free of charge. When a foreign exchange student is accepted for admission pursuant to this policy and regulation the letter of acceptance shall include a statement that tuition shall be waived for the student.

4. The District will accept no more than five foreign exchange students per school from any single foreign exchange program.

The Board may terminate the approval of a foreign student program when it would be in the best interests of the District to do so.

Foreign Students with F-1 Visas

No F-1 students will be admitted into grades K-8. F-1 students may be admitted to the high school for one academic year upon the payment of tuition. The amount of tuition charged shall reflect the full, unsubsidized per capita cost of providing educational services to the student.

Immigrant Students

All school-aged immigrant children who have abandoned their residence in a foreign country and established residence in the District will be admitted to the District's schools without payment of tuition.

Policy References:
22 CFR Part 62, §62.25
8 CFR 214.2(j)
Education Law §1709(13)
Matter of Jones, 24 EDR 110 (1984) 

5154.1 - Placement Decisions

Adoption Date: 10/12/2000, Revised: 11/13/2014 
5000 - Students

5154.1 Placement Decisions

Placement within the system, with respect to building, teacher and grade or special class, shall be at the discretion of the school administration and shall be subject to review and change at any time. In making such decisions, the administrator will be guided by performance in class, past records, parent/guardian and teacher recommendations, standardized test scores and any other appropriate sources of information. However, the final decision shall rest with the school administration.

5162 - Student Dismissal Precautions

Adoption Date: 10/12/2000, Revised: 12/10/2015 
5000 - Students

5162 Student Dismissal Precautions

No student may be released from school to anyone other than the parent, guardian or child protective services personnel and law enforcement officers pursuant to law, unless the individual's name seeking release of the student appears on a list provided by the parent or guardian.

Parents are urged to make appointments with physicians, dentists, special tutors, etc., after school hours. If a request is necessary, parents should make note of the date, time and reason for the release. Children cannot be excused without advanced written request by parent/guardian, and must be released in care of parent/guardian, unless otherwise noted.

A student may be released to either parent unless a custodial parent supplies the Superintendent of Schools, or his/her designee, with a certified copy of a court order or divorce decree to the contrary.

The Superintendent, or his/her designee, shall develop procedures to enable parents and guardians to amend the list of persons authorized to obtain the release of their children.

Policy References:
Education Law §3210(1)(c) 

5180 - Early Release of Students

Adoption Date: 10/12/2000, Revised: 11/13/2014 
5000 - Students

5180 Early Release of Students

Written requests from the parent/guardian for the release of students generally will be honored. The appropriate time and reason for absence shall be recorded on the attendance record, using the procedures mandated by the state.

The building principal or his/her designee shall assume the responsibility to review and approve all requests.

5182 - Released Time for Religious Instruction

Adoption Date: 10/12/2000, Revised: 1/15/2015 
5000 - Students

5182 Released Time for Religious Instruction

A student will be released for religious instruction for a maximum of one hour each week upon the presentation to his/her building principal of a parental request in writing.

Policy References:
8 NYCRR §109.2
Zorach v. Clauson, 343 U.S. 306 (1952) 

5200 - Co-curricular and Extracurricular Programs

Adoption Date: 10/12/2000, Revised: 2/12/2015 
5000 - Students

5200 Co-curricular and Extracurricular Programs

The Board of Education recognizes the educational values inherent in student participation in the extracurricular life of the school, and encourages such participation. It is committed to the assignment of staff for the formation of student groups for such purposes as building social relationships, developing interests in an academic area, and gaining an understanding of the elements and responsibilities of good citizenship.

Recognizing that student activities are a part of the school program, the Board has established the following criteria, which all student activity programs must meet:

1. student activities must have educational value for students;

2. student activities must be in balance with other curricular offerings in the schools; and

3. student activities must be managed in a professional manner.

The following guidelines will govern student activities programs:

1.    student activities are those school activities that are voluntarily engaged in by students, have the approval of the school administration and do not carry credit toward promotion or graduation;

2.    each school, under the direction of the building principal, will have a well-balanced and effectively administered student activity program designed to stimulate student growth and development by supplementing and enriching the curricular activities;

3.    each activity should be designed to contribute directly to the educational, civic, social and ethical development of students involved;

4.    the student activity program should receive the same attention in terms of philosophy, objectives, social setting, organization and evaluation that is given the regular school curriculum;

5.    each school will develop definite written guidelines and procedures regulating the creation, organization, administration and dissolution of student activity programs;

6.    the expenses involved in participating in any student activity and in the total program for a school year should be set so that a majority of the students may participate without financial strain;

7.    activities must be open to all students, regardless of race, religion, sex, national origin, marital status, disability or other human differences;

8.    activities must not place undue burdens upon students, teachers or schools;

9.    activities should be held after classes are dismissed, or at an appropriate time during class time; and

10. activities at any level should be unique, not duplications of others already in operation.

Policy References:
Santa Fe Indep. Sch. Dist. V. Doe, 530 U.S. 290 (2000)

Policy Cross References:
 » 5210 - Student Organizations

5210 - Student Organizations

Adoption Date: 10/12/2000, Revised: 2/4/2016 
5000 - Students

5210 Student Organizations

The Board of Education recognizes the educational values inherent in student participation in the extracurricular life of the school, and supports the concept of the formation of student groups for such purposes as building sound social relationships, developing interests in an academic area, and gaining an understanding of the elements and responsibilities of good citizenship.

The Superintendent of Schools, with the aid of students, faculty and administration, is charged with developing procedures for registering and regulating student groups or clubs. Such procedures shall ensure that the District will register any group organized for a purpose not prohibited by Board policy or by law. Student groups may not restrict membership on the basis of race, sex, national origin or other arbitrary criteria.

The Board may prohibit the formation of any clubs, including fraternities or sororities, or any other secret society, whose deliberations and activities have caused or created, or are likely to cause or create, a disruption of or interference with the school program.

Administrative regulations governing the use of school facilities shall abide by the Equal Access Act in the creation of a “limited open forum”. All noncurricula-related student activities, regardless of religious or political content, shall have the same opportunities as any other such activity to operate on school grounds.

Policy References:
Education Law §§207; 1709-a; 2503-a; 2554-a 
Equal Access Act, 20 U.S.C. §§4071-4074
8 NYCRR Part 172
Board of Education of the Westside Community Schools v. Mergens, 496 U.S. 226 (1990)
Garnett By Smith v. Renton School Dist. No. 403, 865 F.2d 1121 (9th Cir., 1989)
Thompson v. Waynesboro Area School Dist., 673 F.Supp. 1379 (M.D. Pa. 1987)
Student Coalition v. Lower Merion School Dist. Bd., 633 F.Supp. 1040 (E.D. Pa. 1986)
Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, 89 S.Ct. 733 (1969)
Healy v. James, 408 U.S. 169, 92 S.Ct. 2338 (1972)

Policy Cross References:
 » 5200 - Co-curricular and Extracurricular Programs
 » 5252 - Student Activities Funds Management

5220 - Student Publications

Adoption Date: 10/12/2000
5000 - Students

5220 Student Publications

Students shall enjoy the constitutional right of freedom of expression. They shall have the right to express their views in speech, writing, or through any other medium or form, limited solely by those restrictions imposed on all citizens generally and those specifically applicable to children and youth in a school setting.

The Board of Education encourages student publications not only because they offer an educational activity through which students gain experience in reporting, writing, editing, and understanding responsible journalism, but also because they provide an opportunity for students to express their views and a means of communicating both within and beyond the school community.

All student publications will comply with the rules for responsible journalism. The Board expressly forbids the publication and/or distribution of literature which contains libelous, obscene, profane statements, prejudicial statements, as well as statements which advocate breaking of state and federal laws or school regulations. Expressions of personal opinion must be clearly identified as such, and bear the name of the author. Opportunity for the expression of opinions differing from those of the student publishers must be provided.

In addition, student newspapers and/or publications which are paid for by the school district and/or produced under the direction of a teacher as part of the school curriculum are not considered a public forum. 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.

Distribution of Literature

The Board recognizes the right of its students to publish or distribute newspapers, magazines and other literature not sanctioned by the district. However, the district has no responsibility to assist students in the publication of such literature, nor does the Board assume any responsibility for any statements published therein.

The Board permits the distribution of non-sanctioned materials within its schools and on school property only after such materials have been submitted for administrative review and approval. The Board directs the Superintendent or his/her designee, in keeping with the requirements of the law, to prepare administrative regulations which establish guidelines for students seeking approval for the distribution of non-school publications.

Policy References:
Hazelwood School District v. Kuhlmeier, 484 US 260, 108 S Ct 562 (1988)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v. DesMoines Independent Community School Dist., 393 US 503, (1969) 
Thomas v. Board of Education, Granville Central School Dist., 607 F 2d 1043 (1979) 
Trachtman v. Anker, et al., 563 F 2d 512 (1977) 
Eisner v. Stamford Board of Education, 314 F Supp 832, modf'd. 440 F2d 803 (1971) 
Frasca v. Andrew et al., 463 F Supp 1043 (1979) 
Matter of Beil and Scariati, 26 EDR 109(1986)

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89

5225 - Student Personal Expression

Adoption Date: 10/11/2018
5000 - Students

5225 Student Personal Expression 

The Board of Education recognizes the importance and value of student personal expression and recognizes that students do not shed their first amendment right of free expression at the schoolhouse gate. As in broader American society, the Board also understands that there is a balancing of an individual’s rights under the First Amendment with the rights of the community. Student personal expression in this context refers to student verbal and written communication using any medium (paper, e-mail, website postings, etc.) including, but not limited to poetry, prose, art, video and music composition that is intended to be shared with the broader school community, or other actions taken to express viewpoints such as demonstrating or protesting.

Although students retain their right to free expression in school, that right is not unfettered. School officials may regulate expression as to time, place and manner. Students’ expression which causes a substantial disruption or which materially interferes with school activities or rights of others or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities, is not constitutionally protected speech.

Distribution of Materials
When students wish to personally express themselves in the broader school community by distributing materials, they must seek prior approval from the building principal or his/her designee. The building principal or his/her designee will render his/her decision within two school days of receiving the request. The building principal shall give due consideration to the constitutionally protected right of freedom of expression, the maintenance of the normal operation of school and its activities, the protection of persons and property and the need to assist students in learning appropriate ways to exercise their rights. Unless such student expression takes place within the confines of a school-sponsored event/activity, authorization will be granted if:

·       The material is distributed as directed by the principal or designee in such a manner as to not materially or substantially interfere with the rights of others or substantially disrupt the normal operation of the school;

·       The material is not considered to be obscene, lewd, indecent, libelous, an invasion of the privacy of other individuals, or an expression that attacks a person’s character, family, or actual or perceived race, color, religion, religious practice, age, weight, sex, ethnic group, national origin, physical appearance, sexual orientation, gender (including gender identity or gender expression) or disabling condition.

·       The material is free from advertisements or promotion of cigarettes, liquor, illegal or illicit drugs, or drug paraphernalia or other products or services harmful to minors and/or not permitted to minors by law, or advocating breaking laws and school policies and/or regulations.

Procedural Due Process
If a student(s) seeks to distribute material within school buildings or at school events, he/she must present such material for prior review by the Building Principal who must make a decision regarding distribution within two (2) school days of receipt of the request and then provide the reason for the denial in writing. The aggrieved student(s) may, within two (2) days, appeal in writing to the Superintendent of Schools. The Superintendent of Schools must issue a written decision within two (2) school days after receiving the appeal.

Off-Campus Student Expression
Generally, school administrative authority regarding student expression does not extend beyond school grounds or school-sponsored functions. However, with today’s technologies, the line between off and on campus expressions can be blurred. Students are advised that if off campus personal expression substantially disrupts or materially interferes with school activities or might reasonably lead the school administration to forecast substantial disruption of or material interference with school activities or interrupts another individual’s access to school, such as when the speech is threatening in nature, they may be subject to discipline under the Code of Conduct.

Student Demonstrations and Protests
Students maintain their constitutional right while they are in school, or at school sponsored events, to peacefully assemble. However, the District may take reasonable actions to maintain a safe and functioning learning environment, to ensure that the school environment is not materially disrupted. Accordingly, school officials maintain the authority to limit student demonstrations which result in materially disrupting the operation of the schools’ educational process. In addition, the school may deem student absences from school or class to demonstrate or protest to be unexcused under the District’ Attendance Policy (#5100), and those absences may result in consequences under that policy.

The District may also plan and host its own events to address issues of student and school concern.

Violation of Policy
Students who violate this policy will be subject to the appropriate disciplinary action, which may include short or long-term suspension, in accordance with the Code of Conduct.

Policy References:
Morse v. Frederick, 551 U.S. 393 (2007)
Bethel School District v. Fraser, 478 U.S. 675 (1986)

Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503, (1969)
Eisner v. Stamford Board of Educ., 314 F Supp 832, modf’d 440 F2nd 803 (1971)

 Policy Cross References:
0115, Sexual Harassment and Bullying Prevention and Intervention
4526, Acceptable Use of Computers and the Internet
5100, Attendance Policy
5300, Code of Conduct

5251 - Student Fund-Raising Activities

Adoption Date: 10/12/2000, Revised: 3/8/2012 
5000 - Students

5251 Student Fund-Raising Activities

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 Superintendent or designee. Any such plan shall have a clearly defined purpose and, in general, shall contribute to the educational experience of students and shall not conflict with instructional programs.

Only those organizations granted approval by the Superintendent or designee shall have permission to solicit donations and contributions from students. 

All fund-raising activities must be voluntary, and no direct solicitation of students is permitted on school premises during school hours.  However, the District will allow the following forms of indirect solicitation:

1.                   the sale of goods, services, or tickets to an event (social, musical, athletic, etc.), where a portion of the funds go to support a student activity (non-school organizations are addressed in policy 1512);

2.                   the recruitment of students during school hours to participate in fund-raising activities to be conducted off school premises and/or when school is not in session.  School Personnel are permitted to hang posters or distribute flyers notifying students of these activities; and

3.                   the placement of a bin or collection box in a hallway or other common area for the voluntary donation of food, clothing, money or other items, with the permission of the Superintendent or designee.

 Off School Premises
Fund-raising activities sponsored by the School District requiring door-to-door solicitation are prohibited.

Policy References:
NYS Constitution, Article 8 §1
Education Law §414
8 NYCRR §§ 19.6 (Rules of the Board of Regents); 172.1 et seq.
Appeal of Ponte, 38 EDR 280 (1998)
Guidelines Relating to Solicitation of Charitable Donations from School Children, SED, January 1994

Policy Cross References:
 » 1512 - Fund Drives for Outside (Non-School) Purposes

5252 - Student Activities Funds Management

Adoption Date: 10/12/2000, Revised: 12/12/2013 
5000 - Students

5252 Student Activities Funds Management

The Board of Education shall have the responsibility for the protection and supervision of the financial affairs of student clubs and extracurricular activities. The Superintendent will recommend and the Board will appoint a competent and qualified faculty advisor for each club or organization. The Board will appoint a Treasurer- Extra Classroom Activities Account for the management of the funds associated with these clubs and organizations at the annual Board organizational meeting.

Each student organization will designate a student treasurer in conformance with policy 5210.

Prior to termination of a student organization, all funds remaining in the treasury must be disposed of in one of the following ways:

·         Expended by a majority vote of the organization, as provided for in its bylaws.

·         Transferred to another student organization or for another purpose, as determined by the membership of the student organization.

If no action is taken by the student organization, leftover funds of inactive or discontinued extraclassroom activities and of graduating classes shall automatically revert to the account of the general student organization or student council.

Financial transactions will be carried out in conformance with District policies and procedures. An audit of all accounts will be made annually by the independent/external auditor.

Policy References:
Education Law §207
8 NYCRR Part 172
The Safeguarding, Accounting, and Auditing of Extraclassroom Activity Funds, Finance Pamphlet, 2 New York State Education Department (revised 2008)

Policy Cross References:
 » 2210 - Board Organizational Meeting
 » 5210 - Student Organizations
 » 6660 - Independent/External Audits

5260 - Student Contests

Adoption Date: 10/12/2000, Revised: 1/15/2015 
5000 - Students

5260 Student Contests

Distribution of educational material, essay contests, and poster contests must be approved in advance by the building principal if the sponsoring organization wishes to involve students in the project during school time. Samples of informational material should accompany the request. Upon the judgment of the principal, the request may be forwarded to the Superintendent of Schools and the Board of Education for approval.

5280 - Interscholastic Athletics

Adoption Date: 10/12/2000, Revised: 6/13/2013; 07/09/2015 
5000 - Students

5280 Interscholastic Athletics

Interscholastic athletics for boys and girls is an integral and desirable part of the District’s secondary school educational program. Individual and team sports shall be based upon comprehensive physical education instruction and intramural activities, seeking broad participation from all eligible secondary students. Lifetime or carry-over sports are to be particularly encouraged and supported. Parity in the number and kind of sports activities for girls and boys is a clear objective of the District. The Board supports an interscholastic athletics program which keeps winning and losing in proper perspective while stressing that hard work, diligence and extra effort are positive ingredients for success.

The Board acknowledges that because of the public nature of interscholastic athletics, student-athletes represent not only their families and themselves, but also their school and their community and, therefore, must conduct themselves accordingly.

Student eligibility for participation on interscholastic teams shall include:

1.    authorization by the school physician;

2.    written parent or guardian consent (the written consent will contain information for parents on mild traumatic brain injury (TBI) and will provide a link to the State Education Department’s web page on TBI); and

3.    endorsement by the building principal based on established rules and various league and State Education Department regulations.

Although the District will take reasonable care to protect student athletes, students may still sustain injuries. In order to most effectively ensure student safety, open communication between students, parents and coaches about the child’s medical condition is critical. Coaches and other appropriate staff will receive guidance and training regarding recognition of injury and removal of the student athlete from play in the event of injury. Parents and/or students are expected to report injuries so that student health can be protected.

In the case of a suspected or actual head injury, a student must be removed from play immediately. In order to resume participation following injury, including head injury, the student needs to receive medical clearance. The Superintendent, or his/her designee, in consultation with appropriate District staff, including the school physician, will develop regulations and procedures to guide the process of return to play.

In recognition of the importance of appropriately managing head injuries, the Board authorizes the creation of a Concussion Management Team (CMT). The CMT will be comprised of the athletic director, a school nurse, the school physician, the athletic trainer and other appropriate personnel designated by the Superintendent. The CMT is charged with overseeing compliance with state training requirements, developing guidelines for use by coaches and physical education teachers and developing information for distribution to parents and students.

A physician's certificate may be required before an athlete is permitted to return to practice or competition.

Athletic Placement Process (formerly Selection/Classification)

The Board permits students in grades 7 and 8 who wish to play at the freshman, junior varsity or varsity level in all sports to do so provided they can complete the entire Athletic Placement Process (APP). A description of the APP is available from the District’s Athletic Director.

The Board permits students in grade 9 who wish to play at the modified level in all sports to do so provided they can demonstrate it is an appropriate level based on physical and emotional maturity, in conformance with the APP.  

The administration shall be responsible to develop guidelines which meet the spirit and intent of this policy as well as regulations pertaining to the eligibility standards for participation in interscholastic sports including student grades and codes of conduct in relationship to good school citizenship, attendance and training.

Policy References:
Education Law §§ 305(42), 1709 (8-a); 3001-b
8 NYCRR §§135.4, 136.5
Santa Fe Indep. Sch. Dist. V. Doe, 520 U.S. 290 (2000)
Concussion Management Support Materials, www.nysphsaa.org

Policy Cross References:
 » 5420 - Student Health Services

5281 - Concussion Management

5000 - Students

5281 Concussion Management

The Board of Education recognizes the seriousness of head trauma of any sort and the potentially progressive nature of an impact to the head. Concussions, also known as mild traumatic brain injuries (MTBI), are commonly reported injuries in children and adolescents who participate in sports and recreational activities.

The Board further recognizes that concussions can have serious consequences if not managed carefully. Accordingly, the District will adhere to all state and federal laws governing the rights of students with special medical needs and will take reasonable measures to work with both the health care provider and the family to ensure the health and safety of all students including children with concussions.

The Superintendent (or designee) shall promulgate regulations to support the proper evaluation and management of MTBI in accordance with the requirements of the “Concussion Management and Awareness Act” and New York State Education Department’s “Guidelines for Concussion Management in the School Setting”.

Policy References:
Concussion Management and Awareness Act,
State Education Department, “Guidelines for Concussion Management in the School Setting” 

5300 - Code of Conduct

5410 - Student Insurance

Adoption Date: 11/9/2000, Revised: 3/8/2018 
5000 - Students

5410 Student Insurance

The Board of Education shall approve provisions for all District students to be covered by group insurance.

Such student accident insurance policies shall be a co-insurance with family coverage(s) as primary.

Policy References:
Education Law §§1604 (7-a,b), 1709 (8-a,b) 

5420 - Student Health Services

Adoption Date: 11/9/2000, Revised: 1/16/2014; 03/08/2018 
5000 - Students

5420 Student Health Services

The Board of Education recognizes that good student health is vital to successful learning and realizes its responsibility, along with that of parent(s) or guardian(s), to protect and foster a safe and healthful environment for the students.

The school shall work closely with students' families to provide detection and preventive health services. In accordance with law, the school will provide vision, hearing, and scoliosis screenings. Results shall be referred to the parent(s) or guardian(s) who shall be encouraged to have their family physician/dentist provide appropriate care.

In order to enroll in school a student must have a health exam and submit a health certificate within 30 calendar days after entering school, and upon entering prekindergarten or kindergarten, first, third, fifth, ninth and eleventh grades. The examination, which must conform to state requirements, must have been conducted no more than 12 months before the first day of the school year in question. If a student is unable to furnish the health certificate, the school will offer a school physical examination by a nurse practitioner and/or provide information regarding obtaining state health insurance. A request for exemption from the physical examination, or the requirement to provide a health certificate, must be made in writing to the school principal or designee, who may require documents supporting the request. The only basis for exemption is a claim that the physical examination is in conflict with the parent or guardian’s genuine and sincere religious belief.

In order to enroll in school, students must also furnish documentation of required immunizations against certain communicable diseases, as set forth in state law and regulations, unless exempted from immunizations for medical or religious reasons as permitted by state law and regulation.

Homeless students shall be admitted to school even if they do not have the required health or immunization records, but may be temporarily excluded if they show actual symptoms of a communicable disease that poses a significant risk of transmission to others (see “Communicable Diseases” below). Appropriate District staff shall assist homeless families to secure appropriate health care including state insurance, private health care providers and essential immunizations after the students have enrolled in the District.

In addition, students will be asked to, but not required to, provide a dental health certificate when they enroll in school and in accordance with the same schedule as the health certificate.

A permanent student health record shall be part of a student’s cumulative school record and should follow the student from grade to grade and school to school along with his/her academic record. This record folder shall be maintained by the school nurse. The Board recognizes that the State of New York may authorize and require the collection of data from health certificates in furtherance of tracking and understanding health care issues that affect children. The Board supports these efforts and expects administrators to cooperate and to observe the appropriate laws and regulations in carrying out those responsibilities, including those that relate to student privacy.

Emergency Care

Each school in the District will include in its emergency plan a protocol for responding to health care emergencies, including anaphylaxis, and head injury.  Parents/Guardians will be notified of any emergency medical situation as soon as is practicable. Parents/Guardians will receive notification of non-emergent medical situations that have been reported to the nurse in a timely manner.

Schools shall also provide emergency care for students in accidental or unexpected medical situations. The District will stock epinephrine auto-injectors for non-patient specific use and properly train designated staff.

Immunization of Students

The Board recognizes its responsibility under the Public Health Law 2164 the children under its charge need to be immunized, as appropriate for age. The Board, therefore, requires proof via:  

  • A physician’s certificate verifying:
    • vaccine series completion or in process with at least one of all required vaccines, or
    • confirmed history of disease, as allowed by the NYS Department of Health, or
    • adequate immunity by laboratory testing, as allowed by the NYS Department of Health, or
    • a medical exemption based on the Centers for Disease Control’s Advisory Committee on Immunization Practices, OR
  • A religious exemption based on a sincere and genuine religious belief which is contrary to the practices required, and whose application is in compliance with the NYS Education Department application process, OR
  • A state of homelessness.

This proof is required for all children entering and presently attending school.

The Board directs the administration not to permit any child lacking evidence of one of the three above conditions for immunization to remain in school for more than 14 days, and 30 days for an out-of-state transferee, unless they can show an effort to obtain the necessary evidence or certification. The administration should notify the local health authority of the name and address of the child excluded based on a lack of mandated immunizations. The administration should also provide the person in parental relation to the child who has been denied admission information on health insurance and/or a list of physicians who are actively accepting new patients, as warranted.

The District shall inform the parent of their right to appeal, to the Commissioner of Education, the District’s decision to deny entrance or attendance due to failure to satisfy health immunization standards. 

Communicable Diseases

It is the responsibility of the Board to provide all students with a safe and healthy school environment. To meet this responsibility, it is sometimes necessary to exclude students with contagious and infectious diseases, as defined in the Public Health Law, from attendance in school. Students will be excluded during periods of contagion for time periods indicated on a chart developed by the school physician and/or Public Health Department.

During an outbreak of these communicable diseases, if the Commissioner of Health or his/her designee so orders, the District will exclude students from school who have an exemption from immunization or who are in the process of obtaining immunization.

It is the responsibility of the Superintendent of Schools, working through District health personnel, to enforce this policy and to contact the county or local health department when a reportable case of communicable disease is identified in the student or staff population.

Administering Medication to Students

Neither the Board nor District staff members shall be responsible for the diagnosis or treatment of student illness. The administration of prescribed medication to a student during school hours shall be permitted only when failure to take such medicine would jeopardize the health of the student, or the student would not be able to attend school if the medicine were not made available to him/her during school hours, or where it is done pursuant to law requiring accommodation to a student’s special medical needs (e.g., Section 504 of the Rehabilitation Act of 1973). “Medication” will include all medicines prescribed by an authorized medical provider. Students are prohibited from bringing medications to school. Medication must be brought in by a parent or guardian, unless previously approved by the school administration.

Before any medication may be administered to or by any student during school hours, the Board requires:

  1. the written request of the parent(s) or guardian(s), which shall give permission for such administration and relieve the Board and its employees of liability for administration of medication; and
  2. the written order of the authorized medical provider which will include the purpose of the medication, the dosage, the time at which or the special circumstances under which medication shall be administered, the period for which medication is prescribed, and the possible side effects of the medication; and
  3. that in order for a student to carry and use a rescue inhaler, an epinephrine auto-injector, insulin, or glucagon and associated testing supplies, written permission must be provided both by the parent and the prescribing authorized medical provider in accordance with state law and regulation.

Students are allowed to carry and apply parentally provided sunscreen without a prescription from a medical provider, assuming that the sunscreen is FDA approved and that the sunscreen is not treating a medical condition. Parents need to provide the District with written permission for students to use sunscreen.

Permission slips and medical orders shall be kept on file in the office of the school nurse.

Life-Threatening Allergies and Anaphylaxis Management

The Board recognizes its role and responsibility in supporting a healthy learning environment for all students, including those who have, or develop, life-threatening allergies. The District will work cooperatively with the student, parent/guardian and healthcare provider to allow the child to participate as fully and as safely as possible in school activities. When a student has a known life-threatening allergy reported on their health form or if the District has been informed by the parent/guardian of the presence of a life-threatening allergy, the District will assemble a team, which may include the parent, the school nurse, the child’s teacher, the building principal, and other appropriate personnel, which will be charged with developing an individual health care plan and/or emergency action plan. The plan will be maintained by the school nurse. The plan(s) will guide prevention and response. If the student is eligible for accommodations based upon the IDEA, Section 504 or the Americans with Disabilities Act, the appropriate procedures will be followed regarding identification, evaluation and implementation of accommodations.

 Training

Training to support the fulfillment of staff responsibilities in regard to student health services will be provided as part of the District’s ongoing professional development plan and in conformity with Commissioner’s regulations.

Regulations

The Superintendent, or his/her designee, shall develop comprehensive regulations governing student health services. Those regulations shall include the provision of all health services required by law, procedures for the maintenance of health records, and procedures for the administering of medication to students. The Superintendent, or his/her designee, shall also develop protocols, in consultation with the District medical director and other appropriate District staff, for the management of injury, with particular attention to concussion.

Policy References:
Education Law §§310; 901 et seq.; 916, 916-a, 916-b, 919; 921, 922, 6527, 6909
Public Health Law §§613; 2164, 3000-c, 3309
8 NYCRR §64.7; , 135.4, Part 136
10 NYCRR Part 66-1, §80.138
Guidelines for Medication Management in Schools, State Education Department, September 2015, www.p12.nysed.gov/sss/documents/MedicationManagement-final2015.pdf
Immunization Guidelines; Vaccine Preventable Communicable Disease Control, State Education Department, revised August 2000
Making the Difference: Caring for Students with Life-Threatening Allergies, New York State Department of Health, New York State Education Department, New York Statewide School Health Service Center, June 2008
Concussion Management Guidelines and Procedures, www.nysphsaa.org
New Policy for Stocking Albuterol Metered Dose Inhalers (MDIs), State Education Department, August 2011, 222.p12.nysed.gov/sss/schoolhealth/schoolhealthservices/Albuterol2011memo.pdf

Policy Cross References:
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 5020.3 - Rights of Students with Disabilities Under Section 504
 » 5280 - Interscholastic Athletics
 » 5550 - Student Privacy
 » 8130 - School Safety Plans and Teams
 » 9700 - Staff Development

5450 - Student Safety

Adoption Date: 6/13/2013
5000 - Students


5450 Student Safety

The Board of Education recognizes the District’s responsibility for ensuring the safety of all students in school buildings or on school grounds, and/or participating in school activities.

The safety of all students shall be the responsibility of all staff members. In case of accident or injury, students shall receive first aid from the nurse, teacher, or other trained employee nearest the scene. The nurse or teacher shall notify the parent(s)/guardian(s) as soon as possible or, if neither parent(s) nor guardian(s) is available, the family or school physician shall be notified.

The safety of students will be assured through close supervision of students on school premises and on school buses. Special attention will be given to the following:

1.    maintaining a safe school environment through periodic inspection of the physical condition of all buildings and grounds;

2.    observation of safe practices on the part of school personnel and students, particularly in those areas of instruction or extracurricular activities which offer special hazards. Section 409-a of the Education Law and the relevant sections of the Commissioner’s Regulations regarding the wearing of eye safety devices in shops and laboratories, etc. will be strictly observed;

3.    offering safety education to students, as appropriate, in subjects such as laboratory courses in science, shop courses, and health and physical education; and

4.    notifying the school nurse of all accidents. For every accident, an accident report must be completed and filed. 

In addition, school personnel shall be conscious of suspicious strangers loitering in or near the school. The Superintendent shall notify law enforcement agencies if the circumstances seem to warrant it. Students shall be instructed to notify teachers, their parent(s)/guardian(s), police or school officials of any suspicious strangers. 

The Board recognizes its responsibility to include in the curriculum instruction that deals with student safety and welfare. Such instruction will meet state mandates in the following areas:

1.    fire and arson instruction;

2.    bus emergency drills;

3.    disaster planning and civil preparedness;

4.    substance abuse prevention;

5.    the use of safety devices;

6.    energy conservation; and

7.    environmental conservation.

Safety Measures

1.    Fire drills are to be conducted on a regular basis and at least as often as required by law.

2.    The Superintendent is responsible for a decision to close school or to evacuate the schools in case of emergency.

The safety and welfare of the children is to be the prime consideration in such decisions.

Policy References:
Education Law §§806; 807; 808; 3212-a
8 NYCRR §§107.1; 141.10

Policy Cross References:
 » 5450.1 - Notification of Sex Offenders
 » 8115 - Pesticides and Pest Management
 » 8130 - School Safety Plans and Teams
 » 8132 - Fire Drills
 » 8414 - School Bus Safety

5450.1 - Notification of Sex Offenders

Adoption Date: 11/9/2000, Revised: 7/1/2010 
5000 - Students

5450.1 Notification of Sex Offenders

The Board of Education acknowledges the efforts of local law enforcement to notify the District when a person with a history of sex offenses against a child is being paroled or released into the community, in accordance with the provisions of the Sex Offender Registration Act, commonly known as Megan’s Law. The purpose of this notification is to protect members of the community, particularly children, by notifying them of the presence of individuals in their midst who may present a danger. The District shall cooperate with local law enforcement agencies in this endeavor.

Information provided by local law enforcement officials pursuant to Megan’s Law may be posted in an appropriate location in all school buildings. In addition, the Superintendent of Schools oversees the dissemination of such information as appropriate to staff who typically might come into contact with an offender in the course of doing their jobs, such as Building Principals, staff who issue visitors’ passes, bus drivers, custodians, playground monitors, security personnel, and coaches.  Staff members and community residents shall be informed of the availability of the information, upon request.  Any requests to the District for the information provided by the law enforcement agencies should be directed to the District Clerk consistent with the procedures under the Freedom of Information Law (“FOIL”).

Content of Notification

Offender information for release:

1.    Offender name

2.    Offender Photograph (if provided by local law enforcement agencies)

3.    Crime for which the offender was convicted

4.    Length and conditions of parole

5.    Date of offender’s release from prison

6.    The home/work address is not provided to the Superintendent

7.    Additional information may be available through the local law enforcement agencies

There will be no public notice when the offender is convicted of the sexual abuse of his/her children or any other circumstances where the release of the information will inadvertently identify the victim. This decision on the victim identification question will be made on a case-by-case basis following discussions with the Board and local law enforcement officials.

Special Circumstances Whereby Sex Offenders May Enter Upon School Grounds

The District recognizes and complies with New York State Law (as it might be amended from time to time) that currently provides that:

As a mandatory condition of the sentence for sex offenders placed on probation or conditional discharge whose victim was under the age of eighteen (18) or who has been designated a Level 3 sex offender, a court must require that such sentenced offender 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 18 while one or more of such persons is present.

However, by exception, entrance upon the premises shall be provided to the sentenced sex offender under the following conditions subject to the written authorization of his/her parole officer and the superintendent or chief administrator of the facility for the limited purposes authorized by that person:

a)    The offender is a registered student; or

b)    The offender is in a parental relationship with a student enrolled in the facility and is visiting the District specifically to deal with that student’s school activities. 
 

The Superintendent shall establish any necessary regulations for implementing this policy with the advice of the school attorney.

The District’s procedures will be reviewed by the Board periodically.

Policy References:
42 U.S.C. §1407(d)
Correction Law, Article 6-C (Sex Offender Registration Act)
Doe v. Pataki, 1998 WL 230955 (S.D.N.Y. May 7, 1998) (current injunction)
Doe v. Pataki, 120 F.3d 1263 (2d. Cir. 1997), cert. denied, 118 Sup. Ct. 1066 (1998)

Policy Cross References:
 » 1120 - School District Records

5460 - Child Abuse, Maltreatment or Neglect in a Domestic Setting

Adoption Date: 11/9/2000, Revised: 3/14/2013; 02/12/15, 08/10/17 
5000 - Students

5460 Child Abuse, Maltreatment or Neglect in a Domestic Setting

The Board of Education recognizes that, because of their sustained contact with school-aged children, employees are in an excellent position to identify abused, maltreated or neglected children and refer them for treatment and protection. The Board further recognizes the specific dictates of law which require school officials to report suspected instances of child abuse and/or maltreatment (which includes neglect) in a domestic setting.

The purpose of mandatory reporting is to identify suspected abused and maltreated children as soon as possible, so that such children determined to be abused or maltreated can be protected from further harm and, where appropriate, can be offered services to assist him or her and his or her family.

School officials, who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment, must immediately report this to the New York State Central Register for Child Abuse and Maltreatment (Central Register), as required by law. No conditions may be imposed which limit their responsibility to report. A school official is defined as:

·         Teacher

·         Guidance counselor

·         Psychologist

·         Nurse

·         Social Worker

·         Full or part-time paid athletic coach

·         Administrator

·         Any school personnel required to hold a teaching or administrative license or certificate.

The school official will also report the matter to the building principal.

The report shall be made by telephone or by telephone facsimile machine on a form supplied by the Commissioner of Social Services. A written report shall be made within forty-eight hours to the appropriate local child protective service, and to the statewide Central Register.

School employees who are not school officials, as defined above, but who have reasonable cause to know or suspect that a child has been subjected to abuse or maltreatment are encouraged to report to the Central Register. However, the school employee must report the matter to the building principal. If the matter has not yet been reported to the Central Register, the building principal shall make the report, in accordance with state law. In being required to file such report, the building principal does not have discretion.

School employees or officials will not contact the child's family or any other person to determine the cause of the suspected abuse or maltreatment. It is not the responsibility of the school official or employee to prove that the child has been abused or maltreated.

Any school official or employee who has cause to suspect that the death of any child is a result of child abuse or maltreatment must report that fact to the appropriate medical examiner or coroner.

In accordance with the law, any school official who fails to report an instance of suspected child abuse or maltreatment may be guilty of a Class A misdemeanor and may be held liable for the damages caused by the failure to report. The law grants immunity from any liability to persons who, in good faith, report instances of child abuse.

School employees will not be subject to retaliatory action, as defined in state law, as a result of making a report when they reasonably suspect that a child has been abused or maltreated.

The Board recognizes that knowingly reporting a false claim of child abuse is a violation of state law and this policy acknowledges that it is a crime to do so. The District will make every reasonable effort to ensure the integrity of the District’s child abuse reporting process and procedure.

School District Relationship with Local Social Service District

The School District will cooperate, to the extent possible, with authorized child protective services workers in investigations of alleged child abuse. The Superintendent, or his or her designee, will represent the District when collaborating with local social service agencies to address instances of abuse or maltreatment, and in the development of policy and procedures regarding abuse or maltreatment (including educational neglect). In addition, the Superintendent will share a copy of the District’s attendance policy, 5100, with the local social service district.

Training Program and Dissemination of Information

The School District shall maintain an ongoing training program which will address the identification and reporting of child abuse and maltreatment, including the legal implications of reporting and not reporting. Attendance at sessions of this training program shall be required of all school officials. Attendance records shall be kept, and notations will be made in personnel files as to the dates of attendance.

The Superintendent shall develop, with input from appropriate personnel, a plan for implementation of such a training program, to be approved by the Board. In addition, the policy and regulations will be included in all employee handbooks and distributed annually to all school officials who are not covered under existing handbooks. The Superintendent will prepare and implement all regulations as are necessary to accomplish the intent of this policy.

As required by state law and regulation, the District shall publicize the toll-free number for reporting child abuse and neglect to the Central Register (800-342-3720), and directions for accessing the NYS Office of Children and Family Services website (http://ocfs.ny.gov/main/cps/), in both English and Spanish. 

Policy References:
Child Protective Services Act of 1973, Social Services Law §§411 et seq.
Social Services Law §34-a
Family Court Act §1012
Family Educational Rights and Privacy Act, 20 U.S.C. §1232g, 45 CFR §99.36
Education Law §3209-a 
Penal Law 240.50

Policy Cross References:
 » 5100 - Attendance Policy

5500 - Student Records

Adoption Date: 11/9/2000, Revised: 3/14/2013; 02/13/2014, 07/09/2015, 07/21/2015, 04/14/2016, 09/14/2017 
5000 - Students

5500 Student Records

The Board of Education recognizes its legal responsibility to maintain the confidentiality of student records. As part of this responsibility, the Board will ensure that eligible students and parents/guardians have the right to inspect and review education records, the right to seek to amend education records and the right to have some control over the disclosure of information from the education records. The procedures for ensuring these rights shall be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations.

The Board also recognizes its responsibility to ensure orderly retention and disposition of the District’s student records in accordance with Schedule ED-1 as adopted by the Board in policy 1120.

The District will use reasonable methods to provide access to student education records only to those authorized under the law and to authenticate the identity of the requestor. The District will document requests for and release of records, and retain the documentation in accordance with law. Furthermore, pursuant to Chapter 56 of the Laws of 2014, the District will execute agreements with third-party contractors who collect, process, store, organize, manage or analyze student personally identifiable information (PII) to ensure that the contractors comply with the law in using appropriate means to safeguard the data.

The Superintendent of Schools shall be responsible for all requirements under law and the Commissioner’s regulations are carried out by the District.

Definitions

Authorized Representative: an authorized representative is any individual or entity designated by a State or local educational authority or a Federal agency headed by the Secretary, the Comptroller General or the Attorney General to carry out audits, evaluations, or enforcement or compliance activities relating to educational programs. 

Education Record: records, in any format, directly related to the student and maintained by the District or by a party acting on behalf of the District, except:

  1. Records in the sole possession of the individual who made them and not accessible or revealed to any other person except a substitute (e.g. memory joggers);
  2. Records of the District’s law enforcement unit;
  3. Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible Student: a student who has reached the age of 18 or is attending postsecondary school.

Legitimate educational interest: a school official has a legitimate educational interest if he/she needs to review a student’s record in order to fulfill his or her professional responsibilities.

Personally identifiable information: information that would allow a reasonable person in the school or its community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. Such data might include social security number, student identification number, parent’s name and/or address, a biometric record, etc.

School official: a person who has a legitimate educational interest in a student record who is employed by the District as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a member of the Board of Education; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official performing his or her tasks. Volunteers may be considered school officials for purposes of access to personally identifiable information if they are under the direct control of the District, are trained in the requirements of law under this policy, have a legitimate educational interest, and the District uses reasonable methods to limit access to only the information that is necessary to fulfill their volunteer duties. Volunteers may only access the information necessary for the assignment, and must not disclose student information to anyone other than a school official with a legitimate educational interest. The building principal shall provide adequate training on confidentiality of students records.

Third party contractor: is any person or entity, other than an educational agency, that receives student data or teacher or principal data from an educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency, including but not limited to data management or storage services, conducting studies or audit or evaluation of publicly funded programs.

Annual Notification

At the beginning of each school year, the District shall publish a notification that informs parents, guardians and students currently in attendance of their rights under FERPA and New York State Law and the procedures for exercising those rights. A ‘Parents’ Bill of Rights for Data Privacy and Security’ will be posted on the District website and included in any agreements with third-party contractors. This notice and ‘Bills Of Rights’ may be published in a newspaper, handbook or other school bulletin or publication. This notice and ‘Bill of Rights’ will also be provided to parents, guardians, and students who enroll during the school year.

The notice and Parents’ Bill of Rights will include a statement that the parent/guardian or eligible student has a right to:

1. inspect and review the student's education records;

2. request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy rights;

3.  consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and

4. file a complaint with the U.S. Department of Education alleging failure of the District to comply with FERPA and its regulations; and/or file a complaint regarding a possible data breech by a third party contractor with the District and/or the New York State Education Department’s Chief Privacy Officer for failure to comply with state law.

The annual notice and Parents’ Bill of Rights will inform parents/guardians and students:

1.  that it is the District’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the District whom the District has determined to have legitimate educational interests. The notice will define “school official” and “legitimate educational interest”.

2.  that, upon request, the District will disclose education records without consent to officials of another school district in which a student seeks to or intends to enroll or is actually enrolled.

3.  that personally identifiable information will be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes.

4.  that the District, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised his/her right to prohibit release of the information without prior written consent. The District will not sell directory information.

5.  that, upon request, the District will disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning unless the parent or secondary school student exercises his/her right to prohibit release of the information without prior written consent.

6. of the procedure for exercising the right to inspect, review and request amendment of student records.

7. that the District will provide information as a supplement to the ‘Parents’ Bill of Rights’ about third parties with which the District contracts that use or have access to personally identifiable student data.  

The District may also release student education records, or the personally identifiable information contained within, without consent, where permitted under federal law and regulation.

The District shall effectively notify parents/guardians and students who have a primary or home language other than English.

In the absence of the parent or secondary school student exercising his/her right to opt out of the release of information to the military, the District is required, under federal law, to release the information indicated in number five (5) above.

Directory Information

The District has the option under FERPA of designating certain categories of student information as “directory information.” The Board directs that “directory information” include a student’s:

  • Name
  • ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems (only if the ID cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the student’s identity)
  • Address (except information about a homeless student’s living situation, as described below)
  • Telephone number
  • Date and place of birth
  • Major course of study
  • Participation in school activities or sports
  • Weight and height if a member of an athletic team
  • Dates of attendance
  • Degrees and awards received
  • Most recent school attended
  • Grade level
  • Photograph
  • E-mail address
  • Enrollment status

     

    Information about a homeless student’s living situation shall be treated as a student educational record, and shall not be deemed directory information. A parent/guardian or eligible student may elect, but cannot be compelled, to consent to release of a student’s address information in the same way they would for other student education records. The District’s McKinney-Vento liaison shall take reasonable measures to provide homeless students with beneficial activities. The District permits the parent/guardian to select the school’s address as the student’s address for purposes of directory information.

    Social security numbers or other personally identifiable information will not be considered directory information.

    Students who opt out of having directory information shared are still required to disclose their student ID cards.

Once the proper FERPA notification is given by the District, a parent/guardian or student will have 14 days to notify the District of any objections he/she has to any of the “directory information” designations. If no objection is received, the District may release this information, at the discretion of the Superintendent, without prior approval of the parent/guardian or student for the release. The purposes for which directory information may be released include, and shall be limited to, placing the information in school newsletters, school yearbooks, school-sponsored websites, and school sports programs, and disclosure to the media for school purposes to celebrate the academic and extra-curricular achievements of individual students.

Once the student or parent/guardian provides the “opt-out”, it will remain in effect after the student is no longer enrolled in the School District.

The District may elect to provide a single notice regarding both directory information and information disclosed to military recruiters and institutions of higher education.

Policy References:
Family Educational Rights & Privacy Act, as amended, 20 USC 1232-g; 34 CFR Part 99
No Child Left Behind Act, 20 USC §7908 
10 USC §503 as amended by §544 of the National Defense Reauthorization Act for FY 2002
Education Law §§ 2-a; 2-b; 2-c; 2-d; 225
Public Officers Law §87(2)(a)
Arts and Cultural Affairs Law, Article 57-A 
8 NYCRR Part 185.12 (Appendix I) Records Retention and Disposition Schedules for Use by School Districts, Schedule ED-1 (1991)
“Guidance for Reasonable Methods and Written Agreements,” http://www2.ed.gov/policy/gen/guid/fpco/pdf/reasonablemtd_agreement.pdf
Parents’ Bill of Rights for Data Privacy and Security, July 29, 2014
http://www.p12.nysed.gov/docs/arents-bill-of-rights.pdf
Family Policy Compliance Office website:
http:/www2.ed.gov/policy/gen/guid/fpco/index.html

Policy Cross References:
 » 1120 - School District Records
 » 4321 - Programs for Students with Disabilities Under the IDEA and New York's Education Law Article 89
 » 5151 - Homeless Children
 » 5550 - Student Privacy

5550 - Student Privacy

Adoption Date: 3/14/2013
5000 - Students

5550 Student Privacy

The Board recognizes its responsibility to enact policies that protect student privacy, in accordance with law. This is particularly relevant in the context of the administration of surveys that collect personal information, the disclosure of personal information for marketing purposes and in conducting physical exams.

Surveys

The Board recognizes that student surveys are a valuable tool in determining student needs for educational services. In accordance with law and Board policy, parental consent is required for minors to take part in surveys which gather any of the following information:

1.    political affiliations or beliefs of the student or the student’s parent;

2.    mental or psychological problems of the student or the student’s family;

3.    sex behavior or attitudes;

4.    illegal, anti-social, self-incriminating or demeaning behavior;

5.    critical appraisals of other individuals with whom respondents have close family relationships;

6.    legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;

7.    religious practices, affiliations or beliefs of the student or the student’s parent; or

8.    income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

In the event that the District plans to survey students to gather information included in the list above, the District will obtain written consent from the parent/guardian in advance of administering the survey. The notification/consent form will also apprise the parent/guardian of the right to inspect the survey prior to the child’s participation.

Marketing

          It is the policy of the Board not to collect, disclose, or use personal information gathered from students for the purpose of marketing or selling that information or providing it to others for that purpose. This does not apply to the collection, disclosure, or use of the personal information collected from the students for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as:

a.    college or other post secondary education recruitment, or military recruitment;

b.    book clubs, magazines and programs providing access to low-cost literary products;

c.    curriculum and instructional materials used in schools;

d.    tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for 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.    student recognition programs; and

f.     the sale by students of products or services to raise funds for school-related activities.

In the event that such data is collected by the District, disclosure or use of student personal information will be protected by the District pursuant to the requirements of the Family Educational Rights and Privacy Act (FERPA). [For guidance regarding the disclosure of “directory information,” rather than personal information, see policy 5500, Student Records.]

Invasive Physical Examination

          Prior to the administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school not necessary to protect the immediate health or safety of the student or other students and not otherwise permitted or required by state law, a student’s parent/guardian will be notified and given an opportunity to opt the child out of the exam. Hearing, vision and scoliosis screenings are not subject to prior notification.

Notification

          Parents/guardians and eligible students shall be notified of this policy at least annually, at the beginning of the school year, and when enrolling students for the first time in District schools. The School District shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.

Policy References:
20 USC §1232h (No Child Left Behind Act)
34 CFR Part 98
Education Law §903

Policy Cross References:
 » 5420 - Student Health Services
 » 5500 - Student Records

5550.1 - Inspection of Instructional Material

Adoption Date: 3/14/2013
5000 - Students

5550.1 Inspection of Instructional Material

Parents/Guardians shall have the right to inspect, upon request, any instructional material used as part of the educational curriculum for students. “Instructional material” is defined as instructional content that is provided to a student, regardless of format including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). It does not include tests or academic assessments.

A parent/guardian who wishes to inspect and review such instructional material shall submit a request in writing to the building principal. Upon receipt of such request, arrangements shall be made to provide access to such material within a reasonable period of time after the request has been received.

Notification

          Parents/guardians and eligible students shall be notified of this policy at least annually, at the beginning of the school year, and when enrolling students for the first time in District schools. The School District shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.

Policy References:
20 USC §1232h (No Child Left Behind Act)
34 CFR Part 98 

5695 - Students and Personal Electronic Devices

Adoption Date: 11/9/2000, Revised: 1/10/2013 
5000 - Students

5695 Students and Personal Electronic Devices

The Board of Education recognizes that there are personal electronic devices that have educational applications such as calculators, voice recorders, digital cameras and music listening devices. In some instances a “smart phone” may include applications that permit these functions. These devices shall be allowed to be used in classrooms only when they are included as part of a lesson under the direction of a teacher.

The Board acknowledges that cellular phones, pagers, and 2-way communication systems can be a positive means to facilitate communication; however, the display and/or use of such devices can cause disruption to the educational process.

          Therefore, to prevent such disruption, the display and/or use by students of cellular phones (including smart phones), pagers, and 2-way communication systems and/or other electronic devices shall be determined by the building principal for each school.  Such devices must be turned off and stored out of sight during classes unless specifically permitted to be used by a teacher or administrator. The Superintendent (or designee) shall develop and implement individual building regulations to be communicated to students, parents/guardians, and staff. The District is not responsible for stolen, lost or damaged personal electronic devices.

In emergency situations, exceptions to the prohibition of the use of cellular phones, pagers, and 2-way communication systems may be granted by teachers or administrators.

          Misuse of any of these electronic devices will result in its confiscation until the end of the school day. Some uses of personal electronic devices constitute violation of the School District code of conduct and, in some instances, the law. The School District will cooperate with law enforcement officials as appropriate.

Cellular Telephones and Testing

          In order to ensure the integrity of testing, in accordance with state guidelines, students are not allowed to bring cell phones or other electronic devices into classrooms or other exam locations during testing. The exception to this policy is if a teacher gives specific permission for a cell phone or other electronic device to be used during a classroom, non-state assessment.

          Test proctors, monitors and school officials shall have the right to collect cell phones and other prohibited electronic devices prior to the start of the test and to hold them for the duration of the test taking time. Admission to the test will be prohibited to any student who has a cell phone or other electronic device in his/her possession and does not relinquish it.

          Students with individualized education plans (IEPs), 504 Plans, or documentation from a medical practitioner that specifically requires the use of an electronic device may do so as specified.

Policy References:
Price v. New York City Board of Education, 16 Misc.3d 543 (2007).

Policy Cross References:
 » 5300 - Code of Conduct

5710 - Violent and Disruptive Incident Reporting

Adoption Date: 12/13/2012
5000 - Students

5710 Violent and Disruptive Incident Reporting

The Board of Education is committed to promoting and maintaining the safety of all students, staff and visitors to the schools. Consistent with this commitment and in accordance with state law and regulation, the District shall submit an annual report to the Commissioner of Education regarding violent and disruptive incidents. In addition, the Board shall use this data to access the safety of its schools and, where appropriate, identify and take steps to improve the safety and security of its students, staff and visitors.

Reporting Requirement

Each building principal or designee shall be responsible for preparing, on a regular basis, a report of all the violent and disruptive incidents that have occurred on school grounds, at a school function, or at a school-sponsored event and forwarding the report to the Superintendent of Schools. The Superintendent or designee shall be responsible for compiling the reports received from the building principals or designees into the annual report and submitting the report to the Commissioner. The summary report shall contain all the information required by law and shall be filed with the Commissioner on or before a date set by the Commissioner. The Superintendent shall also present this summary report to the Board at its first meeting following the filing of the report with the Commissioner.

The District is responsible for assuring that copies of each VADIR report, both individual and summary reports, are retained until the youngest person involved in a reported incident is 27 years old.

Confidentiality

Any violent or disruptive incident report prepared in accordance with law shall be available for inspection by the State Education Department upon request. All names and other personally identifiable information included in any report shall be confidential and shall not be disclosed to any person for use by any person for purposes other than the reporting purposes in Education Law §2802, except as otherwise authorized by law.

Policy References:
Education Law §2802 (Uniform Violent Incident Reporting System)
8 NYCRR 100.2 (gg) (Uniform Violent Incident Reporting System)
8 NYCRR 185.11 (Appendix I) (Records Retention and Disposition Schedule ED-1)

Policy Cross References:
 » 0115 - Student Harassment and Bullying Prevention and Intervention

5800 - Student Awards and Scholarships

Adoption Date: 11/9/2000, Revised: 12/8/2011 
5000 - Students

5800 Student Awards and Scholarships

The Board of Education shall obtain and grant 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 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. The overall acquisition and distribution of scholarship funds shall be the responsibility of the Victor Scholarship Program, a chapter of Dollars for Scholars.

The Board mandates that all students regardless of race, color, creed, sex and national origin, religion, marital status or disability shall be eligible for all awards and scholarships given or disseminated by the School District.

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.

Policy References:
Education Law §§404; 1709
Matter of Wilson, 59 NY2d 461

Policy Cross References:
 » 1800 - Gifts From the Public

6000 - Fiscal Management

6000 - Fiscal Management Goals

Adoption Date: 12/14/2000, Revised: 4/11/2013 
6000 - Fiscal Management

6000 Fiscal Management Goals

The Board of Education recognizes excellent fiscal planning as a key factor in attaining the District's educational goals and priorities. The Board seeks to engage in thorough advance planning of budgets and to devise expenditures which achieve the greatest educational returns given the District's available resources.

The Board’s establishment of sound fiscal management policies is based on the following tenets.

1.    All laws and regulations governing the use of public funds shall be strictly adhered to.
 

2.    All District monies shall be expended in an efficient and judicious manner, bringing the greatest benefit to the District.
 

3.    Funds for which the District has no immediate need shall be legally invested where they can bring the greatest return.
 

4.    All receipts and expenditures shall be recorded fully and in the proper manner.
 

5.    The District shall seek and receive all state and federal funds for which it qualifies.
 

6.    All funds, including cash in buildings, extra-classroom account funds, gifts, and bequests shall be provided maximum protection from misappropriation.
 

7.    A formal process shall be developed linking fiscal resources and program priorities to the budget.
 

8.    The budget shall reflect the views of administrators, teachers, students, and taxpayers in translating the educational needs and aspirations of the community in a composite financial plan.
 

9.    To the extent possible, program evaluation shall be used to assess the effectiveness of all educational programs provided to District students, and future appropriations shall be adjusted accordingly.

6110 - Budget Planning

Adoption Date: 12/14/2000, Revised: 1/12/2012 
6000 - Fiscal Management

6110 Budget Planning

The Superintendent of Schools, with assistance from the School Business Administrator, shall be responsible for preparation of the budget. This shall include developing a budget calendar in accordance with regulation 6110-R, and adhering to that calendar. The budget calendar shall be approved by the Board of Education in advance of the preparation of the District's annual budget.

The budget shall be designed to reflect the Board’s objectives for the education of the children of the District. It shall be carefully organized and planned to provide adequate accounting for each program expenditure, understanding of the financial needs of anticipated program developments, and be within the financial limitations of the District, taking into consideration the statutory limits on the tax levy, and the possibility of voters overriding the limit if necessary. To assist in budget and long-range planning, ongoing studies of the District’s educational programs will include estimates of the fiscal implications of each program.

The budget for the ensuing school year shall be thoroughly reviewed by the Board before its presentation to the voters for final adoption.

Policy References:
Education Law §§ 1608(2)-(4); 1716(2)-(4); §1804(4); 1906(1); 2002(1); 2003(1); 2004(1); 2022(2); 2601-a
Fiscal Management (NYSSBA, 1997)

Policy Cross References:
 » 2260 - Citizens Advisory Committees

6120 - Budget Hearing

Adoption Date: 12/14/2000, Revised: 1/12/2012 
6000 - Fiscal Management

6120 Budget Hearing

The Board of Education will hold an annual budget hearing at which it will present a detailed proposed budget for the following school year. The purpose of the budget hearing is to inform the public of the contents of the budget and to provide an explanation and justification for the decisions the proposed budget reflects.

The budget hearing will be held not less than seven nor more than 14 days prior to the annual District election, at which the District's voters will vote on the budget. The proposed budget will be completed at least seven days before the budget hearing. A copy of the proposed budget may be obtained by any District resident (not just District taxpayers) at each School, the School District offices, and any public library or free association library within the District, during certain designated hours on each day (other than a Saturday, Sunday or holiday), as well as on the School District’s internet website during the 14 day period immediately preceding the annual District election.

Notice of the date, time and place of the annual budget hearing will be contained in the notice of the annual District election and budget vote.

Policy References:
Education Law §§1608; 1716; 1804(4); 1906(1); 2002(1); 2003(1); 2004(1); 2002(1); 2601-a(2)

Policy Cross References:
 » 1050 - Annual District Meeting and Election
 » 2120 - School Board Elections
 » 2120.1 - Candidates and Campaigning

6140 - Budget Implementation

Adoption Date: 12/14/2000, Revised: 11/9/2017 
6000 - Fiscal Management

6140 Budget Implementation

The Superintendent of Schools shall acquaint District employees, with the final provisions of the budget and guide them in planning to operate effectively and economically. Under his/her direction the District shall maintain such records of accounting control as are or may be required by the New York State Uniform System of Accounts for School Districts and/or the Board of Education or as otherwise deemed necessary.

Heads of administrative units are responsible to the Superintendent for operation of their units within budgetary amounts. The Board shall require periodic status reports on the budget.

Policy References:
Education Law §§1609; 1709(16); 1718; 1720; 2021; 2022; 2023; 2024

6150 - Budget Transfers

Adoption Date: 12/14/2000, Revised: 8/8/2013 
6000 - Fiscal Management

6150 Budget Transfers

The transfer of funds between and within functional unit appropriations of the General Fund is commonly required during the school year. The Superintendent of Schools, in accordance with the Regulations of the Commissioner of Education, is authorized to make budget transfers between line item accounts, so long as the transfer for any one item does not exceed $50,000. All transfers in excess of $50,000 require prior Board of Education approval. The Superintendent will report any transfers to the Board as an information item at its next meeting.

Policy References:
Education Law §1718
8 NYCRR §170.2(l) 

6212 - Capital Assets Accounting

Adoption Date: 8/12/2004, Revised: 11/9/2017 
6000 - Fiscal Management

6212 Capital Assets Accounting

The School Business Administrator shall be the official responsible for oversight of the accounting for capital assets according to the procedures documented in this policy.

A. Valuation

All assets will be recorded at cost based on invoice price and include all necessary costs incurred to place the asset in service. Incidental costs may include, but are not limited to, shipping, handling, freight, duties, registration fees, installation costs or insurance during transit. All gifts of capital assets will be recorded at fair value at the time received.

B. Capitalization ($ Threshold)

Assets with a useful life of greater than three years will be considered for capitalization. The threshold to be used for the following purposes and/or categories of assets is as follows:

Physical and Insurance Purposes Financial Reporting (GASB #34)

Land Improvements $10,000 $25,000

Buildings & Improvements $10,000 $50,000

Furniture and Equipment $1,000 $5,000

C. Depreciation Method and Useful Lives

All assets will be depreciated using the straight-line method and useful lives will be estimated in the year of purchase. Depreciation expense will be calculated beginning in the year after acquisition.

6240 - Investments

Adoption Date: 1/12/2006, Revised: 11/10/2010; 03/08/2018 
6000 - Fiscal Management

6240 Investments

The objectives of the District’s investment policy are to safeguard District funds and to minimize risk, so that investments mature when cash is required to finance operations and to receive a competitive rate of return. In accordance with this policy, the Treasurer or his/her designee is authorized to invest and/or deposit all funds, including proceeds of obligations and reserve funds, in time-deposit accounts, certificates of deposit, short-term government securities, repurchase agreements or other investment instruments permitted by law, subject to the investment regulations approved by the Board of Education.

To the extent feasible, investments and deposits shall be made in and through local or regional financial institutions. Concentration of investments in a single financial institution should be avoided. Diversification of investments and deposits is encouraged. Investments may be made either directly from an authorized trading partner, or by participation in a cooperative investment agreement with other authorized municipal corporations pursuant to General Municipal Law Article 5-G and in accordance with General Municipal Law Article 3-A.

This policy will be annually reviewed by the Board and may be amended from time to time in accordance with the provisions of section 39 of the General Municipal Law.

Policy References:
Education Law 1604-a; 1723-a; 3651; 3652
Local Finance Law 24.00, 25.00, 65.00 
General Municipal Law6-d; 6-j; 6-1-n; 6-p; 6-r; 10;11;39 

6410 - Authorized Signatures

Adoption Date: 1/13/2005, Revised: 3/8/2018 
6000 - Fiscal Management

6410 Authorized Signatures

The Board of Education authorizes the signature on checks issued against all accounts of the School District to be that of the District Treasurer, in his/her absence, the Deputy Treasurer or the School Business Official.  Student activity account checks shall be signed by the treasurer of the extracurricular activity fund, in his/her absence, the District Treasurer, Deputy Treasurer, or the School Business Official.

The Board hereby authorizes the use of electronic signatures with safeguards for the School District’s protection and with facsimile signatures of the District Treasurer, Deputy Treasurer, and the School Business Official. Said electronic signatures used with the District’s financial software shall be maintained in the exclusive and secured possession of the District Treasurer, Deputy Treasurer, and School Business Official respectfully.

The District Treasurer, Deputy Treasurer, or School Business Official shall be present and shall control the affixing of his/her signature when checks are run. He or she should maintain a log of checks signed and should verify the sequence of check numbers that are used. The signing of blank checks is expressly forbidden.

Contracts authorized by Board resolution shall be signed by the Board President or in his/her absence the Vice-President, unless a different signatory is identified in the Board resolution. Purchase orders for goods and/or services identified in the various budget codes of the School District budget may be executed by the Purchasing Agent responsible for the procurement of such goods and/or services.

The Board authorizes the payment in advance of audit of claims for all public utility services, postage, freight and express charges, in accordance with law.

6420 - Online Banking Services

Adoption Date: 8/9/2012
6000 - Fiscal Management

6420 Online Banking Services

The Board of Education requires clear, complete, and detailed accounting of all financial transactions for which the Board is held accountable. The transferring of funds via online banking services between various accounts and the transfer of funds from District accounts to non-district accounts, and vice versa, for various purposes, are financial transactions to be properly monitored and controlled.

 The Board of Education authorizes the District Treasurer and the School Business Administrator to transmit wire transfers or electronic fund transfers on behalf of the District for payments by the District and for transferring funds between accounts maintained by the District.

 The District Treasurer and School Business Administrator, each with a separate established user name and password, will have authority to process online banking transactions. All online banking transactions require dual authorization prior to the completion of the transaction. The District Treasurer will record all transfer transactions and will maintain documentation related to such transfers. 

The Board of Education allows for the use of online banking for other activities required for the District to conduct day to day business including:

1.       the viewing of bank account information and daily transactions posting to District accounts, and

2.      the receipt of revenues from various sources.

 Each bank transfer will be recorded in monthly receipts and disbursements, showing the amount of monies and purpose of the transferring of funds. 

6600 - Fiscal Accounting and Reporting

Adoption Date: 1/13/2005, Revised: 6/8/2017 
6000 - Fiscal Management

6600 Fiscal Accounting and Reporting

The Board of Education insists on clear, complete, and detailed accounting of all financial transactions for which the Board is held accountable.

Accounting and Reporting Systems

The system of accounts will conform to the Uniform System of Accounts for School Districts, as defined by the State Comptroller’s Office. In addition, accounting and reporting will adhere to generally accepted governmental accounting standards. The accounting system will yield information necessary for the Board to make policy decisions and perform its oversight function.

The Board directs the School Business Administrator to keep informed of changes in state and/or Government Accounting Standards Board (GASB) accounting requirements and implement changes as appropriate. The Board expects that the School Business Administrator will communicate new standards and/or requirements to the Board, as necessary, so that the Board can carry out its responsibilities.  

Proposed expenditures will be budgeted under and the actual expenditures will be charged to categories that most accurately describe the purpose for which monies are to be spent.

The Board directs the Treasurer to keep it informed of the financial status of the District through monthly cash reconciliation and budget status reports and annual fiscal reports, including periodic projections of the end of year fund balance. The Treasurer should highlight any deviation in actual fiscal conditions from planned fiscal conditions and offer recommendations to the Board to remedy the situation. The School Business Administrator will prepare and submit, through the Superintendent, to the Board and the Commissioner of Education, such reports as are prescribed by law. These shall be filed with appropriate governmental bodies as required under law or regulation. The District will cooperate with governmental agencies and research organizations as required by law for data concerning the fiscal operations of the District.

The District shall be audited annually by an independent certified public accountant or a public accountant. The auditor's report shall be adopted by resolution and a copy shall be filed with the Commissioner of Education.

The Superintendent or his/her designee is hereby directed to respond to all audit findings and recommendations. Such response is to include a statement of the corrective actions taken or proposed to be taken, or if action is not taken or proposed, an explanation of reasons, as well as a statement on the status of corrective actions taken on findings or recommendations contained in any previous report of examination or external audit, or any management letter for which a response was required.

The Superintendent shall also ensure that the provisions contained in the General Municipal Law in regard to audit reports are followed.

Policy References:
Education Law §§1610; 1721; 2117; 2528; 2577; 2590-i
General Municipal Law §§33; 34
8 NYCRR §§155.1; 170.1; 170.2

Policy Cross References:
 » 1120 - School District Records
 » 6660 - Independent/External Audits

6610 - Accounting System

Adoption Date: 12/14/2000, Revised: 5/11/2017 
6000 - Fiscal Management

6610 Accounting System

An accounting system for School District funds shall be established to:

  • safeguard School District funds from loss, theft, waste, or misuse;
  • promote budgetary control;
  • provide information that is necessary in policy formulation;
  • provide information necessary to the public and the school system;
  • provide necessary data for State reports; and
  • show compliance with legal mandates.

The Board of Education requires the School Business Administrator to record a monthly status report for each fund including no less than the appropriate account required in the annual state budget form. The report will show the status of the account in at least the following detail:

Appropriation Accounts

  • Original appropriations;
  • Transfers and adjustments;
  • Adjusted appropriations;
  • Expenditures to date;
  • Outstanding encumbrances;
  • Unencumbered balances.

The Board authorizes the Superintendent of Schools to plan for the proper handling of all District funds and fixed assets.

Accounting and reporting procedures shall be according to the Uniform System of Accounts as required by the Department of Audit and Control.

Provision shall be made for the adequate storage, security, and disposition of all financial and inventory records.

6640 - Inventories

Adoption Date: 12/14/2000, Revised: 11/14/2013 
6000 - Fiscal Management

6640 Inventories

In accordance with “The Uniform System of Accounts for School Districts” and the recommendations of the State Comptroller’s Office, an inventory of fixed assets and other equipment and property valuing over $1,000.00 of the District shall be maintained by the business office with the cooperation of all building and department administrators.

The business office shall develop and maintain a system of internal controls for all fixed assets and other inventoried District property, including a property register, which shall be updated on an ongoing basis. The business office may use the assistance of outside advisors and appraisers in carrying out this responsibility.

Policy References:
Uniform System of Accounts for School Districts – Fiscal Section 

6650 - Claims Auditor

Adoption Date: 1/13/2005, Revised: 10/10/2013 
6000 - Fiscal Management

6650 Claims Auditor

The Board of Education will designate and appoint a claims auditor for the District. The claims auditor shall serve at the pleasure of the Board. The claims auditor shall report directly to the Board. The claims auditor may not be a member of the Board of Education; the clerk or treasurer of the Board; the Superintendent of Schools or other official of the District responsible for business management; the person designated as purchasing agent; clerical or professional personnel directly involved in accounting and purchasing functions of the District; the individual or entity responsible for the internal audit function; the independent auditor responsible for the annual external audit; and/or a close or immediate family member of an employee, officer or contractor providing services to the District.  For purposes of this policy, a close family member shall be defined as a parent, sibling or nondependent child, and an immediate family member shall be defined as a spouse, spouse equivalent, or dependent (whether or not related).

The claims auditor is responsible for formally examining, allowing or rejecting all accounts, charges, claims or demands against the School District. The auditing process should determine:

1. that the proposed payment is for a valid and legal purpose;

2. that the obligation was incurred by an authorized District official;

3. that the items for which payment is claimed were in fact received or, in the case of services, that they were actually rendered;

4. that the obligation does not exceed the available appropriation; and

5. that the submitted voucher is in proper form, mathematically correct, does not include previously paid charges, and is in agreement with the purchase order or contract upon which it is based.

The claims auditor shall provide periodic written reports as may be requested by the Board.

Policy References:
Education Law §§1604 (35); 1709(20-a); 1724; 2509; 2526; 2554(b)
8 NYCRR §170.12 (c)
Matter of Levy, 22 EDR 550 (1983)

Policy Cross References:
 » 6680 - Internal Audit Function

6660 - Independent/External Audits

Adoption Date: 1/11/2007, Revised: 5/11/2017 
6000 - Fiscal Management

6660 Independent/External Audits

As required by law, the School District shall obtain an annual audit of its records by an independent certified public accountant or an independent public accountant. The report of such annual audit shall be presented to the Board of Education by such accountant.

The District shall, within 90 days of the receipt of such report or letter, prepare a corrective action plan in response to any findings contained in the annual external audit report or management letter, or any final audit report issued by the state comptroller. This corrective action plan shall be presented to the Board for review. To the extent practicable, implementation of such corrective action plan shall begin no later than the end of the next fiscal year.

The District shall use a competitive request for proposals (RFP) process when contracting for such annual audit. In addition, pursuant to law, no audit engagement shall be for a term longer than five consecutive years; provided, however, that the District, in its discretion, may permit an independent certified public accountant or an independent public accountant engaged under an existing contract for such services to submit a proposal in response to an RFP or to be awarded a contract to provide such services under a RFP process.

Policy References:
Education Law 2116-a(3)

Policy Cross References:
 » 6600 - Fiscal Accounting and Reporting
 » 6690 - Audit Committee

6670 - Petty Cash/Cash Accounts

Adoption Date: 12/14/2000, Revised: 7/13/2017 
6000 - Fiscal Management

6670 Petty Cash/Cash Accounts

A petty cash fund not exceeding one hundred dollars ($100) shall be maintained in the District Office and in each school building.  The office staff within each building shall administer and be responsible for such fund.

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 their annual meeting. Each fund will be reconciled when replenished and at the end of each fiscal year.

Cash in School Buildings

District or extra classroom funds shall be held in a secured area 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 extra-classroom funds, shall be deposited in a timely manner. Only authorized personnel designated by the building administrator shall be allowed in the main office vault.

Policy References:
Education Law §§1604(26); 1709(29)
8 NYCRR §170.4

Policy Cross References:
 » 5252 - Student Activities Funds Management
 » 6700 - Purchasing

6680 - Internal Audit Function

Adoption Date: 1/11/2007, Revised: 12/12/2013 
6000 - Fiscal Management

6680 Internal Audit Function

The Board of Education recognizes its responsibility to ensure sound fiscal management of the District. To this end, the Board establishes an internal audit function to carry out the following tasks:

·         Develop an annual risk assessment of District fiscal operations which shall include but not be limited to:

          a.    a review of financial policies and procedures,

          b.    the testing and evaluation of District internal controls;

·         An annual review and update of such risk assessment; and

·         Prepare reports, at least annually or more frequently as the Board may direct, which:

          a.    analyze significant risk assessment fingings,

          b.    recommend changes for strengthening controls and reducing identified risks, and,

           c.    specify timeframes for implementation of such recommendations. 

To fulfill this function, the District may use inter-municipal cooperative agreements, BOCES shared services, or independent contractors as long as such personnel or entities performing the internal audit function comply with the Regulations of the Commissioner and meet professional auditing standards for independence between the auditor and the District. The District may also use existing personnel to fulfill this function but only if such persons shall not have any responsibilities for other business operations of the District while performing such function.

Personnel or entities performing this function shall report directly to the Board. The District’s audit committee shall assist in the oversight of this internal audit function.

Policy References:
Education Law 2116-b

Policy Cross References:
 » 6690 - Audit Committee
 

6685 - Medicaid Compliance

Adoption Date: 4/14/2011
6000 - Fiscal Management

6685 Medicaid Compliance

The Board of Education recognizes its obligation to put a plan and program in place to prevent or otherwise detect fraud, waste and abuse in the Medicaid program.  In general, the Board expects that its officers and employees will operate with integrity and in conformance with its adopted code of ethics.  The Board directs the Superintendent to ensure that the following program elements are in place and are implemented effectively:

1.      Written procedures:  Accompanying this policy, and the cross-referenced policies listed below, are more detailed procedures and descriptions of how each element of the compliance program will be implemented. Written procedures will address how the District will accomplish the following:

a.       Keep informed regarding Medicaid coverage:  The Director of Pupil Personnel will keep abreast of services that are covered by Medicaid so that the District files compliant claims.  The Board expects that District staff and/or contractors and agents will avoid filing false claims which would subject the District to civil and criminal liability.

b.      Prohibit use of “excluded” providers:  Ensure that the District doesn’t hire or contract with service providers who have been excluded from Medicare or the Medicaid program. The Director of Human Resources will check the credential of the provider before the District engages their services.  District employees will be required to sign an agreement that said employee will inform the Compliance Officer and Director of Human Resources upon receipt of any notification or knowledge that the individual’s license has been suspended, revoked or lapsed, or if they have been excluded from participation in the Medicaid program.  Upon notice by the employee, the District will take remedial steps as soon as possible.  Contracts with outside providers will include provisions to address this requirement.

c.       Monthly review of providers:  The Director of Human Resources will check the list of excluded providers monthly to determine if any District employees who deliver Medicaid-covered services, or if any contractors, have been added to the list or have been reinstated.  If any have been excluded, it will be reported immediately to the Superintendent and Compliance Officer who will initiate remedial action.  
 

2.      Appoint a Compliance Officer, who is an employee, vested with responsibility for the day-to-day operation of the program:  The Board will appoint a Medicaid Compliance Officer at its annual organization meeting.  The role of the Compliance Officer shall be to oversee the compliance program, receive and promptly investigate reports of noncompliance and report findings as appropriate to the Medicaid Inspector General, as well as to the Board of Education and Superintendent. The Compliance Officer will report to the Board fraud, significant findings or patterns of noncompliance.

3.      Training and education of officers and employees:  All employees involved in Medicaid covered services, as well as those responsible for oversight, will receive annual training in accordance with state and federal requirements.  Board members will also receive appropriate training so that they can fulfill their responsibilities.  The District will keep appropriate records documenting the training program.  

4.      Lines of communication:  The District will work towards ensuring that its culture encourages communication among all parties involved in the Medicaid compliance program.  The New York State Education Department and Health Department outlined the requirements of a disclosure mechanism that enables employees to report anonymously any practice or billing procedure that the employee deems inappropriate to the District’s Compliance Officer and/or the State’s Compliance Officer.  The District will inform employees of this mechanism in conformance with that policy.

5.      Disciplinary consequences for school employees:  Failure of District employees to comply with this policy, and the reporting requirements pursuant to policy 9645, may result in a range of disciplinary actions, up to and including termination, in conformance with applicable laws and collective bargaining agreements.

6.      A system to routinely identify compliance risk areas:  Medicaid claims will be included as part of the District’s risk assessment.  The claims will be reviewed as part of the District’s risk assessment as directed by the Audit Committee or Board of Education.  In addition, the Medicaid claims function will be tested and reviewed as part of the District’s internal audit plan routinely, or as directed by the Audit Committee or Board of Education.  When the internal audit reveals weaknesses, a corrective action plan will be initiated by the Director of Pupil Personnel.

7.      Non-Retaliation:  The Compliance Officer and Board is charged with responsibility for enforcing District policy 9645, Disclosure of Wrongful Conduct, which protects individuals who, in good faith, report or investigate suspected cases of fraud, waste or abuse in the District’s Medicaid program from retaliation or intimidation.

The Superintendent is responsible for developing regulations which will further detail the procedures associated with this policy.   The Board will periodically review and update this policy and the associated plan.

Dissemination of Policy

The Board directs the Superintendent to ensure that this policy, as well as the necessary procedures, are disseminated to employees as well as those entities providing Medicaid covered services, with particular attention to those employees involved in administering the programs and services associated with Medicaid and their billing. 

Policy References:
False Claims Act, 31 U.S.C. §3729, et seq.
State Finance Law §§187 et seq. (New York False Claims Act)
Social Services Law §§145-b (False Statements); 145-c (Sanctions);
363-d (Provider Compliance Program)
Labor Law §740 (Prohibits Retaliation)
18 NYCRR §§521.1 et seq. (Provider Compliance Program regulations)

Policy Cross References:
 » 2160 - School District Officer and Employee Code of Ethics
 » 2210 - Board Organizational Meeting
 » 2520 - Board Member Training
 » 6650 - Claims Auditor
 » 6660 - Independent/External Audits
 » 6680 - Internal Audit Function
 » 6690 - Audit Committee
 » 9645 - Disclosure of Wrongful Conduct
 » 9700 - Staff Development

6690 - Audit Committee

Adoption Date: 1/11/2007, Revised: 12/12/2013 
6000 - Fiscal Management

6690 Audit Committee

The Board of Education will designate and appoint an Audit Committee for purposes of overseeing and carrying out the Board’s audit policies and the performance of related duties and responsibilities. The District’s Audit Committee shall be comprised of at least three members. At least three members shall be appointed to serve on the committee on an annual basis. Employees of the School District are prohibited from serving on the committee.

The Audit Committee shall:

1. Recommend internal and external audit plans to the Board, specifying the areas of District operations to be reviewed for compliance with legal and regulatory requirements, operating efficiency and effectiveness;

2. Receive and review the resulting audit reports; and propose recommendations to the Board for action as may be necessary and appropriate;

3. Receive and review the report of the external auditor on any findings commented on during the annual audit report, and the management response thereto, and propose recommendations to the Board for action as may be necessary and appropriate;

4. Oversee the selection of the internal auditor and the external auditor, pursuant to the relevant Board policies, and make recommendations to the Board for appointment to said positions; and

5. Perform any other responsibilities outlined by the Board and/or as listed in the District’s Audit Committee Charter.

The Audit Committee may conduct an executive session in accordance with law and Commissioner’s regulation. Any member of the Board of Education who is not a member of the Audit Committee may be allowed to attend an executive session if authorized by a resolution of the Board of Education.

It is not the intent of the Board of Education that the Audit Committee participate in or be responsible for the day to day operations of the School District or in the decisions that are the responsibility of the Superintendent of Schools or Business Administrator, or the other District administrators.

Policy References:
Education Law 2116-c
8 NYCRR §170.12 (d) 

6700 - Purchasing

Adoption Date: 1/12/2006, Revised: 5/13/2010; 09/09/2010, 12/11/2014, 07/12/2018 
6000 - Fiscal Management

6700 Purchasing

The Board of Education views purchasing as serving the educational program by providing necessary supplies, equipment and related services. Purchasing will be centralized in the business office under the general supervision of the Purchasing Agent designated by the Board. The Purchasing Agent (School Business Administrator) has the authority to prepare, advertise and open bids for all purchase contracts and contracts for public work, if formal competitive bidding is required by Section 103 of the General Municipal Law. The authority to sign purchase orders for the District is vested in the School Business Administrator. The School Business Administrator shall approve all bills before they are presented to the Board for payment approval.

It is the goal of the Board to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. Competitive bids or quotations shall be solicited in connection with purchases pursuant to law. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Purchases of the same commodity cannot be artificially divided for the purpose of avoiding the threshold. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

The District’s purchasing activity will strive to meet the following objectives:

1. to effectively supply all administrative units in the school system with needed materials, supplies, and contracted services;

2. to obtain materials, supplies and contracted services at the lowest prices possible consistent with the quality and standards needed as determined by the Purchasing Agent in conformance with state law and regulation and in cooperation with the requisitioning authority. The educational and physical welfare of the students is the foremost consideration in making any purchase;

3. to determine that all purchases fall within the framework of budgetary limitations and that they are consistent with the educational goals and programs of the District;

4. to maintain an appropriate and comprehensive accounting and reporting system to record and document all purchasing transactions; and

5. to, verify through the use of proper internal controls, that loss and/or diversion of District property is prevented.

Opportunities shall be provided to all responsible suppliers to do business with the School District. Suppliers whose place of business is situated within the District may be given preferential consideration only when bids or quotations on an item or service are identical as to price, quality and other factors.

Where permitted by law, purchases may be made through available cooperative BOCES bids, or by “piggybacking” onto contracts of the United States or agencies thereof or the federal General Services Administration (GSA), the New York State Office of General Services (OGS), departments or agencies of New York State, any New York State county, or any state or any county or political subdivision or district therein, whenever such purchases are in the best interests of the District or will result in cost savings to the District.  In addition, the District will make purchases from correctional institutions and severely disabled persons through charitable or non-profit-making agencies, as provided by law.

It is the District’s responsibility to review each “piggybacking” contract corresponding to a proposed purchase, upon the advice of counsel as necessary, to determine whether the original contract does not conflict with state law or regulation, and meets the following requirements:

1.  The contract must have been let by the United States, or any agency thereof, any state, or any other political subdivision or district therein;

2.  The contract must have been made available for use by other governmental entities; including New York State local governments;

3.  The contract must have been let to the lowest responsible bidder or on the basis of best value, in a manner consistent with General Municipal Law §103. Those main elements are: (a) public solicitation of bids or offers; (b) secure or confidential bids or offers; (c) use of a common standard for bidders or offers to compete fairly; and (d) awarded to the lowest responsible bidder, or responsible offeror of best value, which optimizes quality, cost and efficiency.

In accordance with law, the District shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. The term “alternative format” shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the District (or program of a BOCES), including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in a format compatible with alternative format conversion software that is appropriate to meet the needs of the individual student.

The Board is also aware of the need to reduce exposure of students and staff to potentially harmful chemicals and substances used in cleaning and maintenance. In accordance with law, regulation and guidelines set forth by the Office of General Services (OGS), the District will purchase and utilize environmentally sensitive cleaning and maintenance products in its facilities whenever feasible. Cleansers purchased must, first and foremost, be effective so that the District may continue to purchase non-green products as necessary. Environmentally sensitive cleaning and maintenance products will be procured in accordance with standard purchasing procedures as outlined in this policy and regulation.

In order to maintain that the District avails itself of advantageous purchasing opportunities, the Board authorizes the Purchasing Agent to represent the District in applying for federal programs designed to discount prices for goods and services. Specifically, the Purchasing Agent will abide by the rules and regulations associated with applying for telecommunications service discounts through the Universal Service Fund (E-Rate), in addition to complying with the local purchasing policies set forth by the Board. As with all purchasing activity, appropriate documentation of the application and purchase through any federal program will be maintained by the business office.

Competitive Bidding

Purchase contracts and public works contracts subject to competitive bidding will be awarded to the lowest responsible bidder, however, the Board authorizes that the purchase contracts may be awarded on the basis of best value, as defined in State Finance Law §163. Other exceptions to competitive bidding are outlined below.

In addition, the Board authorizes the receipt of sealed bids for purchase contracts in electronic format, pursuant to the provisions of General Municipal Law §103(1) which addresses proper documentation, authentication, security, and confidentiality of electronic bids.

The District shall comply with the requirements of General Municipal Law §103-g, which prohibits, with few exceptions, competitive bidding contracts with entities that invest significantly in the Iranian energy sector, as outlined in the regulation.

Exceptions to Competitive Bidding

Competitive bidding, even if the dollar value of the purchase meets the threshold established above, is not required in the following circumstances:

  1. emergencies where time is a crucial factor;
  2. procurements for which there is no possibility of competition (sole source items);
  3. professional services that require special skill or training (see policy 6741 for guidance on purchasing professional services);
  4. purchases such as surplus or second-hand items from governmental entities, certain food and milk items, or goods and services from municipal hospitals; or
  5. where the District is purchasing through (or is “piggybacking” onto) the contract of another governmental entity, where the original contract complies with the requirements of New York State law for competitive bidding.

Purchasing when Competitive Bidding Not Required

Goods and services which are not required by law to be procured by the District through competitive bidding will be procured in a manner so as to maintain the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption.

Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, except for procurements:

1. under a county contract;

2. under a BOCES contract;

3. under a state contract;

4. under a federal contract;

5. under a contract of another political subdivision;

6. of articles manufactured in state correctional institutions; or

7. from agencies for the blind and severely disabled.

“Piggybacking” onto the contract of other governmental agencies is permitted where the original contract is in conformance with the goals of this section.

The District will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the District and otherwise furthers the purposes of section 104-b of the General Municipal Law.

General Purchasing Provisions

The Superintendent of Schools, with the assistance of the Purchasing Agent, shall be responsible for the establishment and implementation of the procedures and standard forms for use in all purchasing and related activities in the District. Such procedures shall comply with all applicable laws and regulations of the state and the Commissioner of Education.

Comments will be solicited from those administrators involved in the procurement process before enactment of the District’s policies regarding purchasing and from time to time thereafter. The policies must then be adopted by Board resolution. All District policies regarding the procurement processes will be reviewed by the Board at least annually.

The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the District’s policies regarding procurement will not be grounds to void action taken nor give rise to a cause of action against the District or any officer or employee of the District.

Conflict of Interest

No District officer or employee will have an interest in any contract with the District when such employee has the authority or the responsibility to negotiate, prepare, authorize or approve a contract or authorize or approve its payment, audit bills or claims, or appoint an officer or employee who has any of these responsibilities. Any officer or employee who has or acquires an interest in any actual or proposed contract with the District shall publically disclose the nature and extent of such interest in writing. This written disclosure will be kept on file.

No employee, officer or agent may participate in the selection, award, or administration of a contract supported by a Federal award if there is a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer or agent, or any member of his or her immediate family, partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees or agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Disciplinary actions will be applied for violations of such standards. 

Policy References:
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111-195)
Education Law §§305(14); 409-i; 1604(29-a); 1709(4-a), (9), (14), (22); 2503(7-a); 2554(7-a)
General Municipal Law Sections §§102; 103-g;104, 104-b;109-a; 800 et seq. 
State Finance Law §§97-g(3), (4), (5); 163; 163-b; 165-a
County Law §408-a(2)
8 NYCRR Part 114

Policy Cross References:
 » 6710 - Purchasing Authority
 » 6740 - Purchasing Procedures
 » 6741 - Contracting For Professional Services

6710 - Purchasing Authority

Adoption Date: 2/12/2015
6000 - Fiscal Management

6710 Purchasing Authority

The Board of Education designates the School Business Administrator as Purchasing Agent for the School District. The Board shall formally designate the individual named as Purchasing Agent at the annual organizational meeting, which will be recorded in the minutes of that meeting. If the individual so named becomes unable to fulfill the duties during the course of the year, the Board will designate another Purchasing Agent at the next Board meeting. The Purchasing Agent will be responsible for administering all purchasing activities and ensuring the quality and quantity of purchases made by the District.

All purchases shall be made through the Purchasing Agent. 

The Purchasing Agent is authorized to issue purchase orders without prior approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations.

The Purchasing Agent shall be responsible for preparing all bid specifications and a statement of general bidding conditions to be included in every notice or invitation to bid. If there are questions concerning specifications, the Purchasing Agent will consult with the requisitioner to clarify the matter so as to ensure that the appropriate goods or services are obtained.

Policy References:
Education Law §1709(20-a)
Gen. Mun. Law §104-b(2)(f)

Policy Cross References:
 » 2210 - Board Organizational Meeting
 » 6700 - Purchasing

6740 - Purchasing Procedures

Adoption Date: 12/14/2000, Revised: 12/11/2014 
6000 - Fiscal Management

6740 Purchasing Procedures

Only through the use of efficient purchasing procedures can the School District ensure that needed goods and services are acquired in the most economical manner. The Board of Education directs the Superintendent of Schools and the Purchasing Agent to develop administrative regulations on how purchasing is to be done in the District.

All purchasing is to be done by the Purchasing Agent on an official pre-pressed, pre-numbered purchase order. Checks are always to be voided manually and retained for audit.

The Purchasing Agent is authorized to issue purchase orders without prior approval of the Board when formal bidding procedures are not required by law and budget appropriations are adequate to cover such obligations

Policy References:
Office of the State Comptroller-Financial Management Guide

Policy Cross References:
 » 6700 - Purchasing

6741 - Contracting For Professional Services

Adoption Date: 2/12/2015
6000 - Fiscal Management

6741 Contracting For Professional Services

The Board of Education will make certain that professional services are secured in a manner that protects the integrity of the process, ensures the prudent use of taxpayer dollars and provides a high quality standard of service, in accordance with law and regulation. Professional services are defined as services requiring special skill and/or training, such as legal services, medical services, auditing services, property appraisals or insurance.

Purchasing professional services does not require competitive bidding. The Board directs the Superintendent, or his/her designee, to take measures to ensure that a highly qualified professional is secured through the prudent and economical use of public money, which may include:

1.    reviewing trade journals;

2.    checking professional listings; and/or

3.    inquiring of other districts or other appropriate sources.

The designed District staff will prepare a comprehensive written request for proposals (RFP), which will contain critical details of the services sought. The RFP will specify that the proposal include the structure of the relationship between the District and the provider, including, if applicable, the terms of the retainer, the hourly fees and other associated costs.

In reviewing the RFPs, the District will consider, at a minimum, the following factors:

1.    the suitability of the individual/firm for the District’s needs;

2.    the special knowledge or expertise of the individual/firm;

3.    the credentials and applicable certifications of the individual/firm;

4.    the quality of the service provided by the individual/firm;

5.    cost; and

6.    the staffing available from the firm or the time available from the individual.

The District will periodically, but not less frequently than every five years, issue professional service RFPs and may conduct interviews as part of the RFP process. The written proposals submitted by applicants shall be maintained for at least six years.

The Superintendent, after a thorough review of the proposals, in consultation with the School Business Administrator, will recommend the professional service provider best suited to the District to the Board of Education for its approval.

Regardless of when during the year the professional service provider was engaged by the Board, at the annual organizational meeting the Board will appoint the attorney, physician, external auditor, or other professional , as applicable. Professional service providers selected and appointed in this manner will not be considered employees of the District.

The Superintendent is charged with developing administrative procedures to implement this policy.

Policy References:
General Municipal Law §104-b
2 NYCRR §§315.2. 315.3
Trane Co. v Broome County, 76 A.D.2d 1015
Appeal of Lombardo, 38 Educ. Dept. Rep. 730
Opn. St. Comp. 92-33

Policy Cross References:
 » 2210 - Board Organizational Meeting
 » 9500 - Compensation and Benefits

6800 - Payroll Procedures

Adoption Date: 7/12/2007, Revised: 9/12/2013 
6000 - Fiscal Management

6800 Payroll Procedures

A duly certified payroll is one that has been examined and approved by the Superintendent of Schools, or, in his/her absence, the School Business Administrator. It shall be the responsibility of the Director of Human Resources and his/her staff to prepare all payrolls.

A periodic test will be conducted to verify accuracy and appropriateness of District payrolls.

Policy References:
Education Law Sections 1604; 1719; 1720; 2116-a 

6830 - Expense Reimbursement

Adoption Date: 12/14/2000, Revised: 12/9/2010 
6000 - Fiscal Management

6830 Expense Reimbursement

School district employees, officials and members of the Board of Education will be reimbursed for reasonable, actual and necessary out-of-pocket expenses, which are legally authorized and incurred while traveling for school related activities.

Only expenses necessary to the purpose of the travel shall be reimbursable. Transportation costs such as taxi cabs are allowable only for essential transportation. Mileage will be paid at the rate fixed by the federal Internal Revenue Service for business travel. Tax exemption certificates shall be issued and utilized as appropriate.

The Board, by majority vote, shall determine and approve which meetings and conferences may be attended by Board members and the Superintendent of Schools.

The Superintendent of Schools shall determine, in the first instance, whether attendance by District staff at any conference or professional meeting is in the best interest of the District and eligible for reimbursement of expenses under this policy.

To obtain reimbursement, the claimant must complete and sign an expense voucher, attach all receipts or other expense documentation, together with a copy of the approved conference attendance request form and evaluation report (if required), and submit the same to the appropriate administrator. Reimbursement shall only be made after such claim has been audited and allowed.

Regulations concerning expense reimbursement shall be attached to this policy and shall be reviewed annually and revised as appropriate.

Policy References:
Education Law §§1604(27); 1709(30); 1804; 2118; 3023; 3028
General Municipal Law §77-b 

6900 - Disposal of District Property

Adoption Date: 12/14/2000, Revised: 6/8/2017 
6000 - Fiscal Management

6900 Disposal of District Property

Building administrators and support staff supervisors are responsible for identifying obsolete or surplus equipment and supplies within their area(s) of responsibility. Each year, a determination shall be made of which equipment, supplies and/or materials are obsolete and cannot be salvaged or utilized effectively or economically by the School District. Such equipment, supplies, or materials shall be sold through bid procedures, if possible, for the highest possible price.

The School Business Administrator shall be authorized to dispose of obsolete or surplus equipment and supplies in the following manner:

1.  reassign the items, as needed, to other locations within the School District;
2.  centralize the storage of items of potential usefulness, and/or
3.  discard or sell as surplus those items determined to be of no further use or worthless.

Prior to reassigning, storing, discarding or selling any equipment or supplies (including computer hardware and software), the District shall ensure that all District-related data and information is permanently and completely removed. If such data or information is of a sensitive, personal or confidential nature, and cannot be permanently and completely removed prior to discarding or selling, the equipment or supplies shall be destroyed, and if reassigned or stored, the District shall note that District data or information has not been permanently and completely removed. The District shall also ensure that all District-related data and information is permanently and completely removed from equipment that is leased from a third party, prior to returning the equipment. The district shall work with the third party provider to ensure that District data and information is able to be permanently and completely removed from the equipment.

Following approval by the Board of Education, items may be sold in the following manner:

1.  offer to sell the items to local municipalities or local non-profit organizations;
2.  sell items at a public sale or on a Board-approved public online auction site. In the event of a public sale, notice of availability of such equipment, supplies and materials and requests for bids shall be disseminated through announcements in local newspapers and such other appropriate means. The general public, as well as staff members who are not Board members, officers, or involved in the purchasing function, shall be eligible to bid on the equipment, supplies and/or materials; and
3.  sell remaining items as scrap for the best obtainable amount or discard in the safest, least expensive manner.

Policy References:
General Municipal Law §§51; 800 et seq.
Ross v. Wilson, 308 NY 605 (1955)
Matter of Baker, 14 EDR 5 (1974)
Op. St. Compt. 58-120 

7000 - Facilities

7000 - Facilities Development Goals

Adoption Date: 12/14/2000, Revised: 6/11/2015 
7000 - Facilities

7000 Facilities Development Goals

In meeting its goals of high quality education and fiscal responsibility, the Board of Education will strive to develop District facilities in a manner that addresses economic concerns, quality education needs, safety, durability, maintenance, insurance and flexibility.

Accordingly, the Board of Education establishes the following goals for facilities development:

1. Integrate facilities planning with other aspects of District planning in a comprehensive program designed to support the Board’s educational philosophy and instructional goals.

2. Address state learning standards and student educational needs in developing educational specifications for school buildings.

3. Design facilities for sufficient flexibility to permit program modification or the introduction of new programs.

4. Involve the community, District staff and experts in facilities development.

5. Design economically feasible facilities that meet student educational needs.

6. Seek all possible mechanisms for financing school facilities. 

7.  Provide adequate school space to accommodate future improvements in educational programs and services.

8. Consider the adaptability of school facilities for community use.

The Superintendent of Schools or his/her designee shall be responsible for establishing procedures to implement these goals.

Policy References:
8 NYCRR 14.1
8 NYCRR 155

Policy Cross References:
 » 8110 - School Building Safety
 

 

7100 - Facilities Planning

Adoption Date: 12/14/2000, Revised: 5/12/2011 
7000 - Facilities

7100 Facilities Planning

The Board of Education is responsible for the regular operation and orderly development of the School District’s physical plant. In carrying out this responsibility, the Board is concerned with both short-term and long-range planning.

The Superintendent of Schools shall be responsible for the formulation and implementation of the following plans for school building facilities:

1.    Comprehensive long-range facilities development plan. This plan shall be kept current and re-evaluated at least annually. It shall include an appraisal of the following:

a.    Educational philosophy of the District, with resulting administrative organization and program requirements;

b.    Present and projected pupil enrollments;

c.    Space use and state rated pupil capacity of existing facilities;

d.    Priority of need of maintenance, repair or modernization of existing facilities, including consideration of the obsolescence and retirement of certain facilities;

e.    Provision of additional facilities.

2.    Five-year capital facilities plan. This plan will be updated annually and shall include the following:

a.    A yearly breakdown of the estimated expenses for construction, additions, alterations, major repairs, system replacement and repairs and maintenance and energy consumption;

b.    A District-wide building inventory including the number and type of facilities; the age, capacity, use and size of each building; and each building’s safety ratings, energy sources, probable useful life, major system repairs needed and asbestos reports.

Policy References:
8 NYCRR Part 155 (Educational Facilities)

Policy Cross References:
 » 7000 - Facilities Development Goals

7360 - Construction Contracts, Bidding and Awards

Adoption Date: 12/14/2000, Revised: 9/8/2016 
7000 - Facilities

7360 Construction Contracts, Bidding and Awards

All construction contracts in excess of $35,000 and purchases of equipment at a cost in excess of $20,000 must be advertised, bid on and awarded to the lowest responsible bidder in accordance with the District's policy and procedures for competitive bidding. No school building may be erected, purchased, repaired, enlarged or remodeled at an expense which will exceed $100,000, nor may an advertisement for bids for the execution of the plans and specifications for a school building be placed, until the plans and specifications have been submitted to and approved by the Commissioner of Education. Such plans and specifications will show in detail the ventilation, heating and lighting of such buildings. Construction documents that have been modified subsequent to the Commissioner's approval may not be advertised for bid until the Commissioner has approved such modifications. The successful contractor will enter into a formal contract, prepared by the school attorney, detailing all aspects of the construction to take place.

Every District contract for construction, alteration or repair of any public building or public works, or for the manufacture, sale or distribution of material, equipment or supplies shall contain provisions prohibiting discrimination on account of race, creed, color, religion, national origin, disability, marital status, age or sex.

All contractors to whom a contract has been awarded must provide a performance bond obtained through a bonding company licensed to do business in New York State. The required amount of such bond shall be included in the Statement of General Conditions set forth in the advertisement or notice for bids.

All contractors shall guarantee that prevailing rates of wage, as provided for in the Labor Law §220, shall be paid to all workers on public projects in the School District.

Policy References:
Education Law §§408; 2556
General Municipal Law §§101; 103; 103-d; 106; 108; 109
Labor Law §§220; 220-e; 222; 222-a

7365 - Construction Safety

Adoption Date: 2/13/2014
7000 - Facilities

7365 Construction Safety

The Board of Education recognized the District’s responsibility to provide a safe school environment for students and staff during construction and maintenance projects.

The Superintendent of Schools shall be responsible for ensuring that District procedures for safeguarding the safety and health of students and staff are consistent with state law and regulation, including the Uniform Code of Public School Building Inspections, Safety Rating and Monitoring and the Uniform Safety Standards for School Construction and Maintenance Projects. Specifically, the Superintendent shall be responsible for the following items at the specified phase of the construction project:

Pre-Construction

1.    Ensure proper planning for the safety of building occupants during construction or maintenance activities.

2.    Hire a New York State licensed architect or engineer for projects costing more than $5,000.

3.    Ensure safety issues are addressed for bid specifications and contract documents.

4.    Provide notice to parents, staff and the community in advance of any construction project costing $10,000 or more to be conducted in an occupied school building. The notice is to be given at least two months prior to date on which construction is to begin, except in the case of emergency construction projects, in which case notice will be given as soon as practical. The notice will provide information on the District’s obligation to provide a safe school environment during construction projects. The notice may be given by publication in the District newsletter, direct mailings, or by holding a public hearing on the project.

5.    Revise the District’s emergency management plan, when appropriate, to accommodate the construction process including revised emergency exit plans and emergency evacuation and relocation procedures during the construction process.

During Construction

1.    Monitor construction and maintenance activities to check for safety violations and to ensure that certificate of occupancy requirements are continuously maintained.

2.    Ensure that all areas to be disturbed through renovation or demolition are tested for lead and asbestos.

3.    Investigate and respond to health and safety complaints.

4.    Conduct fire drills during construction to familiarize students and staff with revised emergency procedures.

5.    Ensure compliance with statutory and regulatory requirements regarding noise abatement, exits, ventilation, air quality, fire and hazard prevention, chemical fumes, gases and other contaminants, asbestos abatement and lead paint and radon testing and mitigation.

Post-Construction

1.    Conduct a walk-through inspection with the Health and Safety Committee to confirm the area is ready to be reopened for use.

Policy References:
Education Law §§ 409-d, 409-e
8 NYCRR Part 155.4
8 NYCRR Part 155.5
9 NYCRR Parts 600-1250

Policy Cross References:
 » 7100 - Facilities Planning
 » 8110 - School Building Safety
 » 8112 - Health and Safety Committee

7500 - Facilities and Public Dedication

Adoption Date: 12/14/2000
7000 - Facilities

7500 Facilities and Public Dedication

The Board of Education recognizes the importance and benefit of publicly recognizing the outstanding performance and contributions of people associated with our school district. This recognition can take many forms, including a Board resolution or proclamation, a memento awarded to the individual, a plaque affixed to a wall in a hallway of a school building designated as a �Hall of Fame�, a plaque affixed to a district facility, the dedication of a facility or part of a facility to an individual or individuals, or other form of recognition deemed suitable by the Board.

Residents and/or employee of the district may nominate a person or persons for recognition by submitting a written proposal to the District Clerk. The proposal must include clear justification for the recognition, a specific description of the recognition proposed, the exact wording of any inscriptions, and the materials to be used to fabricate the recognition. Items should be fabricated so they are as maintenance free as possible.

The Board shall, by majority vote, approve any of the above forms of recognition to be displayed or placed on, or in, or affixed to, district property. This recognition should be for a person or persons who have attained substantial national or local prominence, or who have provided significant benefit to the district either in the course of his/her employment or volunteer efforts on behalf of the district. The recognition may be purchased with district funds authorized by the Board, or through funds received by the district from student, community or parent groups or individuals. The Board reserves the right to approve the materials, design and wording of all forms of recognition.

The Board also reserves the right to hold a public dedication of any new facilities, structures, plaques or other form of public recognition. Sufficient notice to the community regarding the date and time of such dedication will be made.

8000 - Support Services

8000 - Support Services Goals

Adoption Date: 2/8/2001, Revised: 5/9/2013 
8000 - Support Services

8000 Support Services Goals

Support services, which include comprehensive safety and maintenance programs, transportation, food services, insurance management and office services, are essential to the successful functioning of the School District. Education is the District's central function, and all support services shall be provided, guided, and evaluated by this function.

In order to provide services that are truly supportive of the educational program, the Board of Education establishes these goals:

1. providing a physical environment for teaching and learning that is safe and pleasant for students, staff, and the public;

2. providing safe transportation and nutritious meals for students who use these services; and

3. providing timely, accurate, and efficient support services that meet District needs and promote District goals.

8110 - School Building Safety

Adoption Date: 7/11/2013, Revised: 3/8/2018 
8000 - Support Services

8110 School Building Safety

The Board of Education recognizes that a safe, secure and healthy school environment is necessary to promote effective learning. The Board acknowledges that all school buildings need to be properly maintained and preserved to provide a suitable educational setting.

Consistent with the requirements of state law and regulations, the Board will:

  1. Appoint a Health and Safety Committee composed of representation from District administration, school staff, bargaining units and parents that shall participate in monitoring the condition of occupied school buildings to verify that they are safe and maintained in a state of good repair.
     
  2. Review and approve all building condition surveys.
     
  3. Take immediate action to remedy serious conditions in school buildings affecting health and safety and report such conditions to the Commissioner of Education.

The Superintendent of Schools, or his/her designee, shall be responsible for the development of procedures for investigating and resolving complaints related to the health and safety issues in the District’s buildings consistent with requirements of state law and regulations.

Policy References:
Education Law §§409-d; 409-e
8 NYCRR Part 155
9 NYCRR Parts 600-1250

Policy Cross References:
 » 7100 - Facilities Planning
 » 7365 - Construction Safety
 » 8112 - Health and Safety Committee
 » 8220 - Buildings and Grounds Maintenance and Inspection

8112 - Health and Safety Committee

Adoption Date: 2/13/2014, Revised: 2/8/2018 
8000 - Support Services

8112 Health and Safety Committee

The Board of Education recognizes the importance of the participation of District staff and parents in promoting a safe, secure and healthy school environment. In accordance with Commissioner’s regulations, the Board will appoint a Health and Safety Committee composed of representation from District officials, staff, bargaining units and parents.

The committee will participate in monitoring the condition of occupied school buildings to confirm that they are safe and maintained in a state of good repair. The Superintendent of Schools or his/her designee will oversee the committees’ involvement in all of the activities required by the Commissioner’s regulations. Specifically, the committee will:

  1. Participate in the investigation and disposition of health and safety complaints.
  2. Consult with District officials in completing safety ratings of all occupied school buildings.
  3. Monitor safety during school construction projects, including periodic meetings to review issues and address complaints related to health and safety resulting from the project.
  4. Upon completion of a construction project, conduct a walk-through inspection to confirm the area is ready to be reopened for use.

Expanded Health and Safety Committee

During construction projects, the Health and Safety Committee will be expanded to include the architect, construction manager and contractor. This expanded committee will:

  1. Participate in the investigation and disposition of health and safety complaints regarding the construction or maintenance project.
  2. Meet periodically to review issues and address complaints regarding health and safety arising from construction.
  3. Monitor safety during construction projects.
  4. After the work is completed, conduct a walk-through inspection to confirm that the area is ready to be reopened for use.

Policy References:
8 NYCRR Part 155

Policy Cross References:
 » 8110 - School Building Safety

8115 - Pesticides and Pest Management

Adoption Date: 2/13/2014, Revised: 7/7/2014 
8000 - Support Services

8115 Pesticides and Pest Management

The Board of Education 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.

 The Board recognizes that pests can pose a significant risk to health and property. Generally, pesticides will not be used on District playgrounds, turf, athletic or playing fields, unless there is an emergency. Emergencies will be handled in accordance with applicable law and regulation.

 Integrated pest management is a systematic approach to managing pests focusing on long term prevention or suppression with minimal impact on human health, the environment and non-targeted organisms. Provisions will be made for the safest possible control method of identified pests in all school buildings and grounds in accordance with the Commissioner’s regulations.

 Notification of Pesticide Application

 All District staff and parents/guardians will be notified of pesticide applications performed at any school facility. A notice will be sent at the beginning of the school year, which will include:

     1.    notification of periodic pesticide applications throughout the school year;

2.    the availability of 48-hour prior written notification of pesticide applications to parents and staff who request such notice;

3.    instructions on how to register with the school to receive this prior written notification; and

4.    the name and number of the District representative who can provide further information.

 A separate notice will be sent to staff and parents/guardians within two days of the end of winter and spring recess and within 10 days of the end of the school year, if pesticides are used, which includes the date, location and product used for each pesticide application which required prior notification and each emergency application.

 The Superintendent of Schools shall ensure the dissemination of this policy and conduct any training necessary to ensure that all staff are fully informed about pesticides and pest management.

Policy References:
Environmental Conservation Law, Art.33
Education Law §409-h; §409-k
6 NYCRR Part 325
8 NYCRR 155.4
Desmond Americana v. Jorling, 153 AD2d 4 (3rd Dept. 1989)
IPM Workbook for New York State Schools, Cornell Cooperative Extension
Community 
IPM Program with support from New York State Department of 
Environmental Conservation, August 1998.

Policy Cross References:
 » 8110 - School Building Safety
 » 8220 - Buildings and Grounds Maintenance and Inspection

8130 - School Safety Plans and Teams

Adoption Date: 2/8/2001, Revised: 7/11/2013; 10/13/2016 
8000 - Support Services

8130 School Safety Plans and Teams

Emergencies and violent incidents in schools are critical issues that must be addressed in an expeditious and effective manner. The Board of Education recognizes its responsibility to adopt and keep current a comprehensive District-wide school safety plan and building-level emergency management plan(s) regarding crisis intervention, emergency response and management.

Taken together, the District-wide and building level plans shall provide a comprehensive approach to addressing school safety and violence prevention, and provide the structure where all individuals can fully understand their roles and responsibilities for promoting the safety of the entire school community. The plans shall be designed to prevent or minimize the effects of serious violent incidents and emergencies and to facilitate the District’s coordination with local and county resources. The plans shall also address risk reduction/prevention, response and recovery with respect to a variety of emergencies and violent incidents in District schools.

In accordance with state law and regulation, the District shall have the following school safety teams and plans to deal with violence prevention, crisis intervention and emergency response and management:

Comprehensive District-wide School Safety Team and Plan

The Board shall annually appoint a District-wide school safety team that includes, but is not limited to, a representative the following constituencies: the Board, teachers, administrators, and parent organizations, school safety personnel and other school personnel. This team shall be responsible for the development and annual review of the comprehensive District-wide school safety plan. The plan shall cover all District school buildings and shall address violence prevention (taking into consideration a range of programs and approaches that are designed to create a positive school climate and culture), crisis intervention, emergency response and management including communication protocols, at the District level. It shall include all those elements required by law and regulation.

The Superintendent of Schools or his/her designee shall be the District’s chief emergency officer, and shall coordinate communication between school staff and law enforcement and first responders. The chief emergency officer shall ensure that all staff understand the District-wide school safety plan, and shall also ensure that building-level emergency response plans are completed, reviewed annually, and updated as needed.

To maintain security and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law.

Building-level Emergency Response Plans and Teams

Each building principal shall be responsible for appointing a building-level emergency response team that includes representation from teachers, administrators, parent organizations, school safety personnel, other school personnel, law enforcement officials, fire officials and other emergency response agencies. The emergency response team shall be responsible for the development and review of a building-level emergency response plan for each District building. The plan(s) shall address response to emergency situations, such as those requiring evacuation, sheltering and lock-down at the building level and shall include all components  required by law and regulation.  These confidential plans shall include evacuation routes, shelter sites, medical needs, transportation and emergency notification of parents and guardians.

Building-level emergency response plans shall include protocols in response to carbon monoxide alarms or detection. Alarm or detection of carbon monoxide will result in the appropriate actions as described by the emergency response plan.

Building-level emergency response plans shall designate:

  • an emergency response team for incidents that includes appropriate school personnel, law enforcement officials, fire officials and representatives from local, regional and/or state emergency response agencies to assist the school community in responding to a serious violent incident or emergency; and
  • a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and other related personnel to assist the community in coping with the aftermath of a serious violent incident or emergency.

The building principal, in consultation with the Superintendent, shall annually designate a threat assessment team to provide ongoing support and information in order to identify, and assess individuals who may be potential threats to safety, with the intent of minimizing acts of violence in the school community. The threat assessment team shall be composed of, but not limited to, the following personnel from both within the school and the larger community, as appropriate: building administrators, legal counsel, the medical director and/or school nurse, school counselors, local mental health and social service providers, law enforcement, school resource officers, security personnel, and facilities and maintenance personnel. The team shall meet regularly. The team shall be mindful of the need for discretion and observance of confidentiality requirements.

Students shall be encouraged to bring their concerns to any District employee. If a District employee becomes aware of a threat to the school community, the building principal shall be informed and he/she will convene the threat assessment team. The building principal may request the participation of the following additional individuals who may have specific knowledge of the potential perpetrator: supervisors, teachers, students and parents. The building principal is responsible for keeping the Superintendent informed about the activities of the threat assessment team. Threat assessment team members shall receive appropriate training.

The building principal shall be responsible for conducting four tests every school year of the emergency response procedures under this plan.

To maintain security and in accordance with law, the building-level emergency response plan(s) shall be confidential and shall not be subject to disclosure under the Freedom of Information Law or any other law.

Annual Review and Report

All plans shall be annually reviewed and updated, if necessary,  by the appropriate team by May 1st every year. In conducting the review, the teams shall consider any changes in organization, local conditions and other factors including an evaluation of the results of the annual test of the emergency response procedures, which may necessitate updating of plans. If the plan requires no changes, then it shall remain in effect. If the District-wide plan requires change, then the updated plan shall be submitted to the Board of Education in time to allow 30-days of public comment and to hold a public hearing which provides for the participation of school personnel, students and other interested parties prior to Board adoption. All plans must be adopted by the Board of Education by July 1st.

The District-wide plan will be posted on the District’s website. The Superintendent of Schools shall be responsible for filing the building-level emergency response plan(s) and any amendments to the plan with the appropriate local law enforcement agency and the state police within 30 days after their adoption.

Policy References:
Education Law §2801-a
Executive Law §2B
8 NYCRR Part 155 
19NYCRR §1228.4
School Safety Plans Guidance, New York State Education Department, June 2010

Policy Cross References:
 » 0115 - Student Harassment and Bullying Prevention and Intervention
 » 5300 - Code of Conduct
 » 8133 - Bomb Threats
 » 8134 - Emergency Closings
 » 9700 - Staff Development

8132 - Fire Drills

Adoption Date: 2/8/2001, Revised: 2/14/2013 
8000 - Support Services

8132 Fire Drills

The administration of each school building shall instruct and train students, through fire drills, in procedures for leaving the building in the shortest possible time and without confusion or panic. Fire drills shall include instruction on fire drill exits and fire alarm boxes, as well as fire drill procedures.

Fire drills shall be held at least 12 times in each school year; eight of these shall be held between September 1 and December 1. At least one of the 12 drills shall be held during each of the regular lunch periods, or shall include special instruction on the procedures to be followed if a fire occurs during a student's lunch period.

At least two additional drills shall be held during summer school in buildings where summer school is conducted and one of these drills shall be held during the first week of summer school.

Each school of the District shall maintain a detailed floor plan for exiting the building during fire drills and real fires. Such floor plan and a detailed description of exits and routes to follow shall be included in each school's faculty handbook

Policy References:
Education Law §807

Policy Cross References:
 » 5450 - Student Safety
 » 8130 - School Safety Plans and Teams

8133 - Bomb Threats

Adoption Date: 2/8/2001, Revised: 2/14/2013 
8000 - Support Services

8133 Bomb Threats

The Board of Education recognizes that the potential harm caused by a bomb threat is not limited to serious personal injury and property damage.  A bomb threat can also create an atmosphere of anxiety and panic, which, in turn, can result in the disruption of normal activities and the educational process. The Board further recognizes the District’s responsibility to ensure the safety of students, staff and other building occupants whenever a bomb threat is received by being properly prepared with an identified plan of action to respond to the threat.

A bomb threat is a criminal act and will be treated as one. Any bomb threat to the District will be taken seriously; no bomb threat will be treated as a hoax or a prank. The District will vigorously pursue disciplinary action against any student or staff member caught reporting a bomb threat consistent with the provisions of the student code of conduct, state law or any applicable collective bargaining agreement. In addition, the District will urge law enforcement officials to prosecute any person caught reporting a bomb threat to the fullest extent of the law. Further, the District may seek restitution from the parent or guardian of any minor child between the ages of 10 and 18 who falsely reports a bomb threat or places a bomb for the expense of responding to the false report or incident.

The Superintendent of Schools shall establish procedures to be followed by all staff and students in the event of a bomb threat. The procedures shall be made a part of each school’s emergency management plan.  The procedures shall include a requirement that any person receiving information about a bomb threat must immediately notify the building administrator or his/her designee who will, in turn, immediately notify the appropriate law enforcement and initiate the planned actions to move all occupants out of harm’s way.  All appropriate staff shall be given a copy of the procedures, and the Superintendent shall ensure that all staff receives training on their respective roles and responsibilities in the event of a bomb threat.

The Superintendent must inform members of the Board and the parents/guardians of District students as soon as possible after any incident that activates the school emergency management plan, along with actions taken to protect students, staff and property. The Superintendent is also responsible for notifying the State Education Department and the District Superintendent of each bomb threat incident in accordance with requirements established by the State Education Department.  

Policy References:
Education Law §807 
General Obligations Law §3-112 
Penal Law §§240.55; 240.55; 240.60 ; 240.61; 240;62 
8 NYCRR §155.17 
Revised Bomb Threat Response Guideline, New York State Education Department and New York State Police, February 1999.

Policy Cross References:
 » 5450 - Student Safety
 » 8130 - School Safety Plans and Teams
 » 8134 - Emergency Closings

8134 - Emergency Closings

Adoption Date: 2/8/2001, Revised: 6/13/2013 
8000 - Support Services

8134 Emergency Closings

The Superintendent of Schools may close the schools or dismiss students/staff early when hazardous weather or other emergencies threaten the health or safety of students and personnel. The Superintendent may delegate this authority to another staff member in the event of his/her absence. Such action is never to be taken lightly, for public education is one of the principal functions of the community and should be maintained at a normal level except in extreme circumstances.

Schools will not be closed merely to avoid inconvenience. While it may be prudent, under certain circumstances, to excuse all students from attending school, to delay the opening hour, or to dismiss students early, the Superintendent has the responsibility to ensure that administrative, supervisory, and operational activity is continued to the extent possible. School closing and delayed starting times will be announced over local radio and television stations as well as through the District’s mass notification service. If no report is heard, it can be assumed the schools are in session, and are opening on time.

In making the decision to close schools, the Superintendent may consider many factors, including the following, which relate to the safety and health of children:

1.    weather conditions, both existing and predicted;

2.    driving, traffic, and parking conditions affecting public and private transportation facilities;

3.    actual occurrence or imminent possibility of any emergency condition that would make the operation of schools difficult or dangerous; and

4.    inability of teaching personnel to report for duty, which might result in inadequate supervision of students.

Among the other factors, the Superintendent may consider are advice from traffic and weather authorities, building principals, and school officials.

When school is closed, all related activities, including athletic events and student activities, will ordinarily be suspended for that day and evening. The attendance of personnel shall be governed by their respective employment contracts.

Students, parents, and staff will be informed early in each school year of the procedures that will be used to notify them in case of emergency closing.

Policy References:
Education Law §3604(7)

Policy Cross References:
 » 8130 - School Safety Plans and Teams
 

 

8140 - Automated External Defibrillators

Adoption Date: 9/26/2003, Revised: 2/14/2013 
8000 - Support Services

8140 Automated External Defibrillators

Pursuant to the New York State Education Law and regulations, the District shall provide and maintain AED equipment on site in each instructional school facility in quantities and types deemed by the Commissioner of Education to be adequate to ensure ready and appropriate access for use by qualified personnel during emergencies.

Whenever District facilities are used for District sponsored or District approved curricular or extracurricular events or activities and, whenever a school-sponsored athletic contest is held at any location, the District shall ensure the presence of at least one staff person who is trained in the operation and use of an AED. The District shall also ensure that AED equipment is present on site whenever a District sponsored competitive athletic event is held at a site other than a public school facility.

The District shall register with the New York State Department of Health as a public access defibrillation provider and shall adhere to the applicable requirements and limitations under the Public Health Law.

8212 - Vandalism

Adoption Date: 2/8/2001, Revised: 12/10/2015 
8000 - Support Services

8212 Vandalism

The Board of Education believes that students and faculty/staff should respect property and take pride in the schools of the District. Any incidents of vandalism or theft of District property and the names of the person(s) believed to be responsible shall be reported to the Superintendent of Schools.

Anyone who does not demonstrate proper respect and treatment of school property may expect firm disciplinary action to occur. Payment for or replacement of vandalized property or materials is required. Willful destruction or damage of school property by students will result in extended suspension from school and/or school activities. Willful destruction or damage of school property by faculty/staff will result in disciplinary action, up to and including possible dismissal, pursuant to applicable laws and collective bargaining agreements.

After repair or replacement of property, a bill for labor and materials shall be sent to the vandal or, if the vandal is between 10 and 18 years of age, the parent(s)/guardian(s) with a request for payment. The Board may determine that legal action against a vandal and/or his/her parents/guardians should be brought to recover costs for damages* caused by a willful, malicious or unlawful act of the child. If so, the Board will direct the school attorney to institute and prosecute such suit. The Board will also determine whether to offer monetary rewards** for information leading to the arrest and conviction of vandals or thieves of District property. All information pertaining to the investigation will be forwarded to the District attorney.

* State law now permits parental liability for up to five thousand dollars ($5,000)
**State law now permits monetary rewards for up to one thousand dollars ($1,000)

Policy References:
General Obligations Law §3-112
Education Law §§1604 (38); 1709 (38)

Policy Cross References:
 » 5300 - Code of Conduct
 

 

8220 - Buildings and Grounds Maintenance and Inspection

Adoption Date: 2/13/2014, Revised: 3/8/2018 
8000 - Support Services

8220 Buildings and Grounds Maintenance and Inspection

To accommodate the District’s educational program, the Board of Education is committed to providing suitable and adequate facilities. To this end, proper maintenance and inspection procedures are essential. The Board directs the Superintendent of Schools to verify that proper maintenance and inspection procedures are developed for every school building.

Consistent with federal and state law and regulations, the following items will be included in the District’s buildings and grounds maintenance and inspection procedures:

Comprehensive Maintenance Plan (5 Year Plan)

A comprehensive maintenance plan for all major building systems will be instituted so that the building is maintained in a state of good repair. Such plan will include provisions for the safest possible approach to integrated pest management and establish maintenance procedures and guidelines, which will contribute to acceptable indoor air quality. The plan shall be available for public inspection.

Procedures will also be established to maintain the safety of building occupants during maintenance activities including standards for exiting and ventilation, asbestos and lead protocols, noise abatement and control of chemical fumes, gases and other contaminants.

Building Condition Surveys

Each occupied District building will be assessed every five years by a building condition survey. This survey will be conducted by a team that includes at least one licensed architect or engineer and will include a list of all program spaces and inspection of building system components for evidence of movement, deterioration, structural failure, probable useful life, need for repair and maintenance and need for replacement. Building condition survey reports will be submitted to the Commissioner by January 15, 2001 and January 15th of every fifth year thereafter.

Fire Safety Inspections

An annual inspection for fire and safety hazards will be conducted in accordance with a schedule established by the Commissioner of Education. The inspection will be conducted by a qualified fire inspector and the report will be kept in the District Office. Any violation of the State Uniform Fire Prevention and Building Code shall be corrected immediately or within a time frame approved by the Commissioner.

Safety Rating System

A safety rating keyed to the structural integrity and overall safety of each occupied school building will be provided on an annual basis in consultation with the Health and Safety Committee. Safety ratings will be based on the safety rating system developed by the Commissioner and will comply with all statutory and regulatory requirements.

Building principals shall, on an on-going basis, undertake their own inspections of school buildings and grounds searching for any dangerous or hazardous conditions and take immediate steps to remedy the problem.

Policy References:
29 CFR §§ 1910 et seq.
40 CFR Part 763
Education Law §§ 409-d; 409-e; 807-a
Labor Law §§ 875-883
Public Health Law §§ 4800-4808
Environmental Conservation Law § 33-0725
6 NYCRR Part 325
8 NYCRR §§ 155.1; 155.4; 155.8
9 NYCRR Parts 600-1250
12 NYCRR Part 56
Appeal of Anibaldi, 33 Educ. Dep’t Rep. 166 (1993)
Guidelines for the Evaluation and Control of Lead-Based Point Hazards in Housing, U.S. 
Department of Housing and Urban Development, Washington D.C., June 1995
IPM Workbook for New York State Schools, Cornell Cooperative Extension Community IPM
Program with support from New York State Dept. of Environmental Conservation, 
August 1998

Policy Cross References:
 » 7100 - Facilities Planning
 » 7365 - Construction Safety
 » 8110 - School Building Safety
 » 8112 - Health and Safety Committee
 » 8115 - Pesticides and Pest Management

8240 - Traffic and Parking on School Property

Adoption Date: 2/8/2001, Revised: 5/14/2015 
8000 - Support Services

8240 Traffic and Parking on School Property

All motor-driven vehicles, including cars, snowmobiles, mini-bikes, motorcycles, all-terrain vehicles (ATV's) and other such vehicles are prohibited from using any school grounds or areas except for authorized school functions or purposes.

8330 - Authorized Use of District Owned Materials and Equipment

Adoption Date: 2/8/2001, Revised: 9/10/2015 
8000 - Support Services

8330 Authorized Use of District Owned Materials and Equipment

The Board of Education permits the use of District-owned materials and equipment (e.g., laptop computers, cell phones, audio-visual equipment, etc.) by Board members, officers, and employees of the District when such materials and equipment are needed for District-related purposes.

The Superintendent of Schools, in consultation with the School Business Administrator, shall establish regulations governing the loan and use of such equipment. Such regulations must address:

·         the individuals who may properly authorize the use of such material and/or equipment;

·         the lack of authority of the borrower to use such material or equipment for private, non-business purposes;

·         the responsibilities of the borrower for proper use, care and maintenance;

·         that, regardless of condition or other factors, all loaned equipment must be returned to the District. No item may be sold to or purchased by the borrower unless such equipment has been returned to the district for evaluation and, if necessary, disposal in accordance with District policy and procedures.

All equipment shall be inventoried and a list shall be maintained of the date such equipment was loaned, to whom it was loaned, and the date of expected and actual return.

Individuals borrowing District-owned equipment shall be fully liable for any damage or loss occurring to the equipment during the period of its use and shall be responsible for its safe return. In addition, since Board members, officers and employees are issued District owned equipment in connection with their work responsibilities, the individual using the District owned equipment shall not have an expectation of privacy with respect to information contained on the device (e.g., computer files, images, messages).

The Business Office shall maintain records of all equipment that is loaned for long-term use (e.g., school year, term of office, etc.) and shall review such list yearly.

Policy Cross References:
 » 8332 - Use of District-owned Cell Phones

8332 - Use of District-owned Cell Phones

Adoption Date: 5/12/2005, Revised: 12/9/2010 
8000 - Support Services

8332 Use of District-owned Cell Phones

The Board of Education recognizes that certain District employees will be required to carry District-owned cell phones in order to meet their job responsibilities. Such phones should be provided only when a less costly alternative is not available or is not appropriate in the circumstances.

A list of job titles requiring District-owned cell phones shall be maintained in the Business Office and reported to the Board for its approval each year at its organizational meeting in July. All cellular telephone contracts shall be secured through the appropriate purchasing process and shall be subject to review and approval by the Board.

Cell phones are to be used for School District business purposes only and anything other than incidental private use is prohibited. Failure to follow these guidelines may result in revocation of the phone and discipline of the employee. In addition, since employees are issued District-owned cell phones in connection with their work responsibilities, employees should not have an expectation of privacy with respect to information contained on the device (e.g., text messages, records of phone calls).

As with any District-owned equipment, employees must take proper care of cell phones and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office. Since employees are responsible for the safe return of District-owned cell phones, employees who use District-owned cell phones may be liable for damages or loss which occur during the period of its use.

Policy References:
Fourth Amendment, U.S. Constitution
Fourteenth Amendment, U.S. Constitution
City of Ontario, California v. Quon 560 US ___ (2010) 

8334 - Use of Credit Cards

Adoption Date: 12/12/2000, Revised: 11/13/2014 
8000 - Support Services

8334 Use of Credit Cards

The Board of Education permits the use of District credit cards by certain school employees and Board members to pay for actual and necessary expenses incurred in the performance of work-related duties for the District.

The District shall establish a credit line not to exceed $5,000.00 for each card issued. The District maintains one credit card issued in the name of the Superintendent and Victor Central Schools as well as a limited number of bearer cards that are available for use by employees and Board members. An employee is allowed to sign out a credit card for purchasing items from vendors where no other form of payment is available as well as for business travel. Credit cards are only allowed to be signed out upon presentation of a fully approved purchase order.   

The Board shall ensure that the credit card is secured through an approved bank and the relationship between the District and the credit card company is such that the District preserves its right to refuse to pay any claim or portion thereof that is not expressly authorized, does not constitute a proper District charge, or supersedes any laws, rules, regulations, or policies otherwise applicable. In addition, the Board will ensure that no claim shall be paid unless itemized receipts, approved by the employee or Board member whose action gave rise or origin to the claim, have been audited and allowed.

Credit cards may only be used for legitimate School District business expenditures. The use of credit cards is not intended to circumvent the District’s policy on purchasing.

Users must take proper care of these credit cards and take all reasonable precautions against damage, loss, or theft. Any damage, loss, or theft must be reported immediately to the Business Office and to the appropriate financial institution. Failure to take proper care of credit cards or failure to report damage, loss or theft may subject the employee to financial liability.

Purchases that are unauthorized, illegal, represent a conflict of interest, are personal in nature or violate the intent of this policy may result in discipline of the employee and the unallowable charges will be the responsibility of the employee or Board member.

Users must submit detailed documentation, including itemized receipts for commodities, services, travel and/or other actual and necessary expenses which have been incurred in connection with school-related business for which the credit card has been used.

The Superintendent of Schools, in consultation with the School Business Administrator, shall establish regulations governing the issuance and use of credit cards. Each employee shall be apprised of the procedures governing the use of the credit card and a copy of this policy and accompanying regulations shall be given to the employee at the time a credit card is signed out.

The School Business Administrator shall periodically, but no less than twice a year, monitor the use of each credit card and report any serious problems and/or discrepancies directly to the Superintendent and the Board.

Policy References:
Education Law §§1724(1); 2524(1) 
Opns. St. Compt. No. 79-202
Opns. St. Compt. No. 79-494
Opns. St. Compt. No. 78-897

Policy Cross References:
 » 6700 - Purchasing
 » 6830 - Expense Reimbursement

8410 - Student Transportation

Adoption Date: 2/8/2001, Revised: 9/10/2015 
8000 - Support Services

8410 Student Transportation

The Board of Education affirms its goal of providing a safe and economical transportation system for District students. Transportation shall be provided at District expense to those students who are eligible as authorized by the Board.

The major objectives in the management of the student transportation program shall include the following:

1. to provide efficient, effective and safe service;

2. to ensure that all students whose disability or distance from school requires them to receive necessary transportation do, in fact, receive it;

3. to adapt the system to the demands of the instructional program;

4. to maintain transportation vehicles in the best possible condition;

5. to review at least once a year school bus schedules and routing plans to ensure that maximum efficiency and safety are maintained; and

6. to review at least once a year the eligibility for transportation of students residing in the District, to ensure that all entitled to the services receive them.

The Superintendent of Schools, or his/her designee, shall be responsible for administering the transportation program. The program shall comply with all applicable laws, regulations and policies established by federal, state and local authorities.

Policy References:
Education Law §§305(14); 1501-b; 1807; 3602(7); 3623; 3635 et seq. 
Matter of Handicapped Child, 24 EDR 41 (1984)
Matter of Zakrezewski, 22 EDR 381 (1983)
Matter of Nowak, 22 EDR 91 (1982)
Matter of Fox, 19 EDR 439 (1980)

Policy Cross References:
 » 5300 - Code of Conduct

8411 - School Bus Scheduling and Routing

Adoption Date: 2/8/2001, Revised: 3/19/2015 
8000 - Support Services

8411 School Bus Scheduling and Routing

Bus routes are authorized by the Board of Education and any requests for a change must be submitted to the Superintendent of Schools or his/her designee.

Authorized bus stops shall be located at convenient intervals in places where students may embark and disembark the buses, cross highways, and await the arrival of buses in the utmost safety allowed by road conditions.

Transportation services shall be provided to meet the needs of the students of the District within specified limits and areas established by the Board.

8413 - Transportation for Nonpublic School Students

Adoption Date: 2/8/2001, Revised: 2/4/2016 
8000 - Support Services

8413 Transportation for Nonpublic School Students

Transportation requests for students attending nonpublic schools should be received by the District no later than the April 1st preceding the beginning of the next school year. If a student moves into the District later than April 1st, the request should be received within thirty days of establishing residence in the District, but preferably no later than August 1st.

All late requests, however, shall be considered by the Board of Education on the basis of each case’s merits. Criteria used by the Board in judging whether to accept a late request may include but not be limited to the following:

1. whether transportation will require an additional cost, and, if so,

2. the reasonableness of the excuse for the late request.

Policy References:
Education Law §3635
Appeal of Boyle, 31 EDR 208 (1991)
Matter of Ward, 29 EDR 153 (1989)
Matter of Alletto, 25 EDR 14 (1985) 

8414 - School Bus Safety

Adoption Date: 2/8/2003, Revised: 2/14/2013 
8000 - Support Services

8414 School Bus Safety

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.

The Director of Transportation, in cooperation with the building 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 Director of Transportation 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 Director of Transportation.

Bus Emergency Drills

The Board of Education directs the administration to conduct a minimum of three (3) emergency drills to be held on each school bus during the school year. The first drill is to be conducted during the first week of the fall term, the second between November 1 and December 31, and the third between March 1 and April 30.

Each drill shall include instruction in all topics mandated by the Education Law and the Commissioner's Regulations and shall include, but will not be limited to, the following:

1. Safe boarding and exiting procedures.

2. The location, use and operation of the emergency door, fire extinguishers, first-aid equipment and windows as a means of escape in case of fire or accident;

3. Orderly conduct as bus passengers.

Such instruction and the conduct of the drills shall be given by a member of the teaching or student transportation staff selected by the building principal of each school. Instructors will be assisted by the bus driver.

Students who ordinarily walk to school shall also be included in drills or as an alternative, shall be provided with classroom instruction covering the content of such drills.

No drills shall be conducted when buses are en route.

The Superintendent shall certify on the annual report to the State Education Department that the District has complied with the above requirements.

Policy References:
Education Law §§2; 1501-b; 1502; 3602(7)(b); 3623; 3625-a; 3636
8 NYCRR §156.3(h)

Policy Cross References:
 » 8416 - Special Use of School Buses

8414.1 - Bus Driver Qualifications and Training

Adoption Date: 2/8/2001, Revised: 5/14/2015 
8000 - Support Services

8414.1 Bus Driver Qualifications and Training

Only employees who have acquired the appropriate commercial driver's license (CDL) and who have complied with the regulations of the Commissioners of Motor Vehicles and Education may drive students. No other person may operate a school bus for the purpose of transporting students.

For an individual to be qualified as a school bus driver, he or she must:

» be at least 21 years of age;

» have a currently valid driver's commercial driver's license (CDL);

» pass required physical examination and physical requirements tests;

» furnish at least three statements attesting to his/her good moral character and reliability (these statements must be from three different people not related to the applicant by blood or marriage);

» have completed, or be scheduled to complete, State Education Department safety programs as required by law;

» not be disqualified to drive a school bus because of a conviction, violation or infraction listed in sections 509-c or 509-cc of the Vehicle and Traffic Law, or under any other provision of Article 19-A of that law; and

» meet all other licensing and training requirements for driving a school bus.

Special Requirements for New Bus Drivers

Before employing a new bus driver, the Superintendent of Schools or his/her designee shall:

» require such person to pass a medical examination to drive a bus;

» make an inquiry to 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;

» investigate the person's employment record during the preceding three years;

» require that the person test negative on a pre-employment drug test conforming to federal Department of Transportation guidelines.

All school bus driver candidates will be fingerprinted so the District can obtain any criminal record from state and federal authorities. In addition, the District will check the driving and employment records of each bus driver, in a manner prescribed by the Commissioner of Motor Vehicles. Training on school bus safety practices and the special needs of children with disabilities will be given as required by the regulations of the Commissioner of Education.

Policy References:
Education Law §3624
Vehicle and Traffic Law, Article 19-A
8 NYCRR §156.3, as amended
15 NYCRR Part 6 

8414.4 - Video Cameras on School Property

Adoption Date: 12/8/2005, Revised: 10/19/2017 
8000 - Support Services

8414.4 Video Cameras on School Property

The Board of Education recognizes its responsibility to maintain and improve discipline and the safety and welfare of its staff and students on school property, including transportation vehicles.

After having carefully considered and balanced the rights of privacy with the District’s duty to ensure discipline, health, welfare and safety of staff and students , the Board authorizes the Superintendent and his/her designees to use video cameras on school property. Video equipment is not authorized for use in locker rooms, changing rooms, rest rooms, or faculty lounges.

All school buses and/or buildings/grounds may be equipped with video cameras in order to monitor behavior. Violations of the school code of conduct, as well as participation in any illegal activities, will be dealt with in accordance with applicable laws and school regulations.

All film and/or digital recordings used in relation to this policy shall be the sole property of the District, and the Superintendent of Schools or his/her designee shall be the custodian of such recordings. The District shall comply with all applicable state and federal laws related to student records when such recordings are considered for retention as part of the student’s record.

Requests for viewing a recording must be made in writing to the Superintendent or his/her designee; and, if the request is granted, such viewing must occur in the presence of the District’s designated custodian of the recording. Under no circumstances will the District’s recording be duplicated and/or removed from District premises unless in accordance with court order and/or subpoena.

Policy References:
20 USC Sec. 1232g (FERPA)
Arts & Cultural Affairs Law, Art. 57-A(Local Government Records Law)
Public Officers Law Sec. 87
8 NYCRR Par 156.9(d)
Records Retention & Disposition Schedules for Use by School Districts, Schedule ED-1 (1991)

Policy Cross References:
 » 1120 - School District Records
 » 5500 - Student Records

8414.5 - Alcohol and Drug Testing of Bus Drivers

Adoption Date: 1/13/2005, Revised: 10/19/2017 
8000 - Support Services

8414.5 Alcohol and Drug Testing of Bus Drivers

The Board of Education recognizes the dangers inherent in alcohol and controlled substance use by employees especially those in safety-sensitive positions. To ensure the safety of its students and to comply with federal regulations, the Board requires alcohol and controlled substance testing of certain District employees, mainly “drivers.”

A “driver” is defined as any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.

The District shall directly, by contract, or through a consortium, implement and conduct a program to provide alcohol and controlled substance testing of employees who operate a commercial motor vehicle, perform in a safety-sensitive position, and are required to hold a commercial driver’s license. Such employees include:

1. drivers of vehicles designed to transport 16 or more passengers, including the driver;

2. drivers of commercial motor vehicles whose manufacturer’s rating is 26,001 lbs. or more; or

3. any other employee who may drive or service a listed vehicle (e.g. a mechanic who performs test drives, repairs, inspects, or loads or unloads a listed vehicle).

Controlled substance and alcohol tests will be conducted at the time of employment and randomly throughout the school year. In addition, testing will be conducted when a supervisor has a reasonable suspicion that an employee has engaged in prohibited alcohol or controlled substance use; after certain accidents; prior to return to duty when the employee has been found to violate District policy and federal regulations; and after the employee’s return to duty.

In accordance with federal and state law, a bus driver will not be permitted to drive if he or she:

1. possesses, consumes or is reasonably believed to possess or have consumed alcohol or a controlled substance, while on duty;

2. uses or is under the influence of alcohol or a controlled substance within six hours or less before duty;

3. has an alcohol concentration of 0.02 or higher, or tests positive for a controlled substance; or

4. refuses to take a required alcohol or controlled substance test.

Also, no driver shall use alcohol after being involved in an accident in which there was a fatality or in which the bus driver was cited for a moving violation and a vehicle was towed from the scene or an injury was treated away from the scene until he/she has been tested or 8 hours have passed, whichever occurs first.

Any employee who is tested and found to have an alcohol concentration of at least 0.02, but less than 0.04, shall be removed from the position until his or her next regularly scheduled duty period, but not less than 24 hours following administration of the test. Any employee found to have violated this requirement may be disciplined in accordance with the provisions of the applicable collective bargaining agreement, District policy, and/or law.

If a driver has an alcohol concentration of 0.04 or greater, or has engaged in prohibited alcohol or controlled substance use, he or she will be removed from driving duties, and referred to a substance abuse professional. The employee may be required to complete a treatment program and/or be disciplined pursuant to District policy and/or collective bargaining agreement. No driver who has abused controlled substances and/or alcohol may return to duty unless he/she has successfully passed a required return to duty test. Thereafter, the driver will be subject to follow-up testing.

Should the District receive a dilute test result in which the creatinine concentration is greater than 5mg/dL in the case of any pre-employment, return-to-duty, follow-up, reasonable suspicion, or random test, it is the policy of the District that the individual shall be re-tested and that re-test will become the test of record.

A copy of this policy, the District’s policy on misuse of alcohol and use of controlled substances, information on alcohol and drug abuse and treatment resources and any other information prescribed by federal regulations is discussed with all school bus drivers and other appropriate personnel prior to the initiation of the testing program and to each driver subsequently hired or transferred to a position subject to testing.

Policy References:
Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. §§31136; 31306
49 U.S.C. §521(b)
49 CFR Part 391
49 CFR Part 382
49 CFR Part 40
49 CFR §395.2
Vehicle and Traffic Law, §§509-1; 1192; 1193
Will v. Frontier CSD Bd. Of Educ., 97 N.Y.2d 690 (2002)

Policy Cross References:
 » 8414.1 - Bus Driver Qualifications and Training
 » 9320 - Drug-Free Workplace
 » 9610 - Staff Substance Abuse

8414.6 - Idling Prohibition for Buses and Other School Vehicles

Adoption Date: 6/11/2015
8000 - Support Services

8414.6 Idling Prohibition for Buses and Other School Vehicles

Allowing vehicles to idle (i.e., stopped with the engine running) produces unnecessary exhaust gas, which contains harmful chemicals and pollutants. In addition to negatively impacting the environment, these substances can cause cancer and other health problems, especially in children. Idling vehicles is not necessary to properly run or maintain vehicles, and in fact increases engine wear and wastes fuel.

Recognizing these factors, the Board of Education shall take steps to reduce the idling of school buses and other school vehicles. In compliance with Education Law §3637 and Commissioner’s Regulations §156.3(h), this policy shall govern the idling of school buses and all other school vehicles, whether owned, leased, or contracted for by the District.

Anyone operating a school bus or other school vehicle must turn off the engine (no idling) in the following instances:

·         while waiting for passengers to load and unload on school grounds;

·         when the vehicle is parked or standing on school grounds, or in front of or adjacent to any school; or

·         during sporting and other school events.

However, idling may be permitted under the following conditions:

·         when necessary to maintain an appropriate temperature for passenger comfort (if auxiliary heaters are not available);

·         when necessary for mechanical work, or to keep the windshield clear of ice; or

·         when necessary during emergencies to operate a wheelchair lift.

The District shall provide notice of these requirements to all school personnel within 5 school days after the start of the school year, or within 5 school days of beginning employment in the District.

When operating any school vehicle, drivers are encouraged to allow adequate space between their vehicle and any heavy duty motor vehicle in front of them. This will reduce the effect of exhaust emissions of the front vehicle on the air quality inside the school vehicle. When planning field trips and transportation routes, the Board also encourages using new school vehicles for longer trips and older vehicles for shorter trips, when new vehicles have lower emissions.

Bus Loading and Unloading Practices

Each building principal is responsible for developing and implementing a plan for loading and unloading buses in a safe and prompt manner that minimizes exposure to bus exhaust emissions.

When designing new or renovated school facilities, projects shall take into account the goal of prompt loading and unloading of buses.

When possible, drivers must park diagonally to minimize exhaust from the bus from entering adjacent buses or school buildings. Additionally, all staff shall instruct students to board the bus promptly in the afternoon to reduce loading time. 

Contracts for Student Transportation

If the District contracts with private vendors for student transportation services, any such contract entered into on or after August 21, 2008 shall include a provision requiring compliance by the vendor with the state’s bus idling laws and regulations and this policy.

Monitoring and Review

The Director of Transportation shall be responsible for monitoring compliance with the requirements of law and regulations summarized in this policy.

The Board shall receive a periodic report on the District’s compliance with this policy.

Policy References:
Vehicle and Traffic Law §142
Education Law §3637
8 NYCRR §156.3(h)
6 NYCRR Subpart 217-3 

8416 - Special Use of School Buses

Adoption Date: 2/8/2001, Revised: 1/11/2018 
8000 - Support Services

8416 Special Use of School Buses

The Board of Education permits some special uses of school buses. Permission for all such use may be granted based after review of such factors as the nature and legality of the use, the anticipated time a particular bus will be needed and the ability of the District to meet its normal transportation commitments.

Student Spectators Using School District Buses

The Board approves the use of District buses to transport student spectators to away school approved activities and events. It will be the responsibility of that school's administration to provide appropriate supervision.

Use of Buses by Community Groups

Upon formal application to and approval by the Superintendent of Schools or his/her designee, the following may use District transportation:

  • senior citizen centers recognized and funded by the Office For The Aging,
  • any not-for- profit organization serving those with disabilities,
  • any not-for-profit organization which provides recreation youth services or neighborhood recreation centers.

Such rentals can be made only for times when vehicles are not needed for student transport and must be made for a consideration acceptable to the Superintendent or his/her designee.

Policy References:
Education Law §§1501 b; 1502; 3635; 4105(3)
Transportation Law Article 2 F; §73(c)

Policy Cross References:
 » 8414 - School Bus Safety

8421 - School Owned Vehicles

Adoption Date: 2/8/2001, Revised: 5/9/2013 
8000 - Support Services

8421 School Owned Vehicles

The school vehicles are purchased specifically for use on pre-approved school business only. They may be used only upon prior approval from the School Business Administrator or, in an emergency, the Director of Transportation.

School vehicles may not be taken off school grounds overnight except in specific circumstances approved by the School Business Administrator or the Director of Transportation.

8422 - Use of Private Vehicles on School Business

Adoption Date: 2/8/2001, Revised: 9/10/2015 
8000 - Support Services

8422 Use of Private Vehicles on School Business

A mileage allowance as approved annually by the Board of Education is granted for the use of privately-owned automobiles in the transaction of school business.

When possible, the school car must be used. If a school car is available, mileage will not be paid.

All business for which such allowances are made must be authorized by the Superintendent or his/her designee and approved in advance. A report should be made showing the date, destination, purpose, and round trip mileage of each trip.

8500 - Food Service Management

Adoption Date: 4/5/2001, Revised: 1/13/2016 
8000 - Support Services

8500 Food Service Management

The Board of Education recognizes that school cafeterias are a part of the total school program. The Board shall therefore provide adequate facilities, resources and personnel for the provision of food services for all elementary and secondary students in District schools.

Food service management is the responsibility of the Director of Food Service. The school food service should be operated in the most economical, efficient and satisfactory method given the students’ needs and the District's resources.

Policy References:
Education Law §305(14)(a) 

8505 - "Charging" School Meals and Prohibition Against Shaming

Adoption Date: 10/11/2018
8000 – Support Services

8505- "Charging" School Meals and Prohibition Against Shaming

The Board of Education recognizes that on occasion, students may not have enough funds for a meal. So that students do not go hungry, the Board will allow students who do not have enough funds to “charge” the cost of meals to be paid back at a later date subject to the terms in this policy.

To comply with State guidelines and maintain a system for accounting for charged meals, regarding both full and reduced-price meals, the Board shall:

1.    allow only regular reimbursable meals to be charged, excluding extras, a’ la carte items, side dishes, additional meals, and snacks (“competitive foods”); and

2.    use a computer-generated point of sale system, which identifies and records all meals as well as collects repayments.

Charged meals must be counted and claimed for reimbursement on the day that the student charged (received) the meal, not the day the charge is paid back. When charges are paid, these monies are not to be considered “a’ la carte” transactions, as a section on the daily cash report or deposit summary reads “charges paid”.

Students shall not be denied a reimbursable meal, even if they have accrued a negative balance from other cafeteria purchases, unless the parent/guardian has provided written permission to the school to withhold a meal. No student with unpaid charges will be prohibited from purchasing food if they have money that day.

If school food authorities (SFAs) suspect that a student may be abusing this policy, written notice will be provided to the parent/guardian.

Students who cannot pay for a meal or who have unpaid meal debt shall not be publicly identified or stigmatized (including wristbands or hand stamps), required to do chores or work to pay for meals, or have meals thrown away after they have been served. District staff shall not discuss a student’s unpaid meal debt in front of other students. The District shall not take any action directed at a student to collect unpaid school meal fees.

Student Account Balance Notification
When a student’s account balance falls to $0.01 and whenever a meal is charged (to an account balance equal or below $0.01), the District will discretely notify the parent/guardian of the negative balance, and the process to refill the account. This notification will continue regularly until the account is replenished. Parents/Guardians must repay all unpaid charges remaining at the end of the year or before their child leaves the District, whichever occurs first.

The District shall discretely notify parents/guardians of students with negative balances of at least five meals, determine if the student is directly certified to be eligible for free meals, and attempt to reach the parent/guardian to assist them in the application process for free and/or reduced price meals, and determine if there are other issues within the household causing the insufficient funds and offer appropriate assistance. If a parent/guardian regularly fails to provide meal money and does not qualify for free or reduced price meals, the District may take other actions as appropriate, including notifying the local department of social services if neglect is suspected.

The School District shall notify all parents/guardians in writing on an annual basis at the start of the school year and to families transferring during the year, outlining the requirements of this policy. The policy shall also be published in appropriate school and District publications. All staff involved in implementing and enforcing this policy shall also be notified of these requirements and their responsibilities. The District’s enrollment process shall include the application process for free and reduced price meals. If the District becomes aware that a student is so eligible, will use its administrative prerogative to complete an application on a student’s behalf judiciously, and only after exhaustive efforts to obtain a completed application from the student’s parent/guardian. Staff responsible for assisting foster, homeless and migrant students shall coordinate with the food services staff so such students receive free school meals.

Unpaid Meal Charges and Debt Collection
Unpaid meal charges are a financial burden to the District and taxpayers and can negatively affect the school program. Unpaid meal charges shall be considered “delinquent” as per the District’s accounting practices. The District shall attempt to recover unpaid meal charges before the end of the school year, but may continue efforts into the next school year. The District shall notify parents/guardians of unpaid meal charges at regular intervals, and may engage in collection activities by District staff, which do not involve debt collectors as defined in federal law (15 USC §1692a), and may not charge fees or interest. The District shall offer repayment plans, and may take other actions that do not result in harm or shame to the child, until unpaid charges are paid.

Remaining Account Balances
Remaining funds may be carried over to the next school year. When students leave the District or graduate, the District will attempt to contact the parent/guardian to return remaining funds. Parents/guardians may request that funds be transferred to other students (e.g., siblings, unpaid accounts). All transfer requests must be in writing. Unclaimed funds remaining after one year shall be absorbed by the school meal account.

Staff
Staff members are allowed to purchase food from the District’s food services. However, all purchases must be paid for at the point of sale (cash, payment account). Staff members are not allowed to charge meals to be repaid later. Building principals, working with the head of food services, will train all District and food service staff with responsibilities under this policy on the provisions and the requirements of Education Law section 908.

Policy References:
42 USC §1779
42 USC §§1758(f)(1); 1766(a)
2 CFR §200.426
7 CFR §§210.9; 210.12; 210.19; 220.13; 245.5
Healthy, Hunger-Free Kids Act; §143
15 USC §1692a
Education Law §908
USDA Report to Congress, Review of Local Policies on Meal Charges and Provision of Alternate Meals, June 2016,
Unpaid Meal Charges: Local Meal Charge Policies, USDA FNS Memo SP 46-2016 (07/08/16),
Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 57-2016 (09/16/16),
Unpaid Meal Charges: Guidance and Q&A, USDA FNS Memo SP 23-2017 (03/23/17),
Unpaid Meal Charges: Clarification on Collection of Delinquent Meal Payments, USDA FNS Memo SP 47-2016 (07/08/16)
Overcoming the Unpaid Meal Challenge – Proven Strategies from Our Nation’s Schools, USDA FNS Guidance Document (May 2017)
New York State Legislation – Prohibition Against Meal Shaming, NYSED Memo (5/1/18)
Meal Charge Plan Template, NYSED (5/1/18)

Policy Cross References:
8520 – Free and Reduced Price Food Services

8520 - Free and Reduced Price Food Services

Adoption Date: 4/5/2001, Revised: 6/13/2013; 03/19/2015 
8000 - Support Services

8520 Free and Reduced Price Food Services

The Board of Education recognizes that the nutrition of District students is an important factor in their educational progress. The Board therefore shall participate in federally funded school lunch programs, and shall provide free or reduced price meal services to qualified District students.

Availability, Application and Notification

Notice of the availability of the free and reduced price meal programs will be sent to the homes of students, local media, the local unemployment office and large employers experiencing layoffs in the area from which the District draws its attendance. Any child who is a member of a family unit whose income is below the federally established scale shall be eligible to receive such services.

To apply for the free or reduced price meal program:

a. Application forms will be available in the main office of each school building and on the District website and can be completed and submitted at any time during the year.

b. Completed forms must be submitted to the Director of Food Services prior to any determination of eligibility.

c.  The parent or guardian will be informed of the determination within one week of receiving a properly completed application.

Applications will be kept confidential.

Upon written request the Superintendent of Schools, or his/her designee, will hear appeals of determinations regarding such services in compliance with federal regulations governing the National School Lunch Program.

In addition, in order to reach students who are categorically eligible for free and reduced price meals and to comply with state law, three times per school year the Director of Food Services will review the list made available by the State Education Department of children ages three to 18 who are in households receiving federal food assistance, Medicaid benefits (for certain recipients), or Temporary Assistance for Needy Families (TANF) to identify students within the District. The District will send a notice to those families apprising them of their student’s eligibility to participate in the school meal programs without further application. Parents may decline participation by informing the District in writing. If the service is declined, the student will be removed from the eligibility list.

The Director of Food Services, along with food service staff, will establish meal time procedures that both protect the anonymity of the student and allow for proper accounting.

Community Eligibility

If the District can show that the percentage of students eligible for free school meals at any one school, or group of schools, or the entire School District, is at least 40%, the District may elect for the school, schools, or District to participate in the Community Eligibility option. Pursuant to federal law and regulations, the school would provide all students at that school or schools with free breakfast and lunch, pursuant to federal regulations. The District would receive federal reimbursement corresponding to the percentage of eligible students. If the reimbursement received by the District is not sufficient to cover total nonprofit school food service program costs, non-federal funds must be used to pay the difference.

Pursuant to federal regulations, under the Community Eligibility option, student eligibility is based on household receipt of food assistance (Supplemental Nutrition Assistance Program (SNAP) or Food Distribution Program on Indian Reservations (FDPIR)), income assistance (TANF), or Medicaid benefits (for certain income levels), student participation in Head Start , or recognition of the student as homeless, runaway, migrant, or in foster care.

All affected households will receive prior notification that the school is operating under the Community Eligibility provision.

Policy References:
National School Lunch Act of 1946, as amended, (42 U.S.C. §§1751-1760)
Child Nutrition Act of 1966, as amended, (42 USC §§1771 et seq.) 
7 CFR Part 245 
Social Services Law §95(7)
U.S. Department of Education guidance document, The Community Eligibility Provision and Selected Requirements Under Title I, January 2014, www.ed.gov/programs/titleiparta/13-0381guidance.doc

Policy Cross References:
 » 8500 - Food Service Management

8630 - Records Management

Adoption Date: 4/5/2001
8000 - Support Services

8630 Records Management

Records are essential to the administration of the district. They contain the information that keeps district programs functioning. It is the intent of this policy that a records management program be established which will assist district employees in making decisions, administering programs and providing administrative continuity with past operations. The program is intended to document the delivery of services, show the legal responsibilities of the district, and protect the legal rights of citizens.

a. There shall be a records management program established under the aegis of the Superintendent of Schools and headed by the Records Management Officer. The Director of Human Resources is designated as the Records Management Officer (RMO) and will be responsible for administering the current and archival public records in storage areas for the district in accordance with local, state and federal laws and guidelines.

b. The RMO may appoint a designee to carry out the specific duties listed below.

The Record Management Officer shall have all the necessary powers to carry out the efficient administration and determination of value, use, prevention, storage and disposition of the public records kept, filled or received by the officers and departments of the district.

a. The RMO shall continually survey and examine public records to recommend their classification so as to determine the most suitable method to be used for maintaining, storing and servicing them under the following guidelines:

1. Disposition. Records deemed obsolete and unnecessary according to the New York State Records Retention and Disposition Schedule are subject to disposition.

2. Archival retention. Records containing information with administrative, legal, fiscal, research, historical or educational value which warrants their permanent retention are subject to archival retention.

3. Active retention. Records not yet subject to disposition according to state law are subject to active retention.

b. The RMO shall establish guidelines for proper records management in any department of the district in accordance with local, state and federal laws and guidelines.

c. The RMO shall report annually to the Board of Education on the powers and duties herein mentioned, including but not limited to the development and progress of programs to date and planned activities for subsequent years.

d. The RMO shall operate a central records management storage facility for storage, processing and servicing of all district records for all district departments and agencies.

e. Additional requirements of the RMO include but are not limited to:

1. Development of a comprehensive records management program.

2. Conduct of an initial survey and analysis of all records, to be followed up annually with a report of records stored.

3. Encouragement and coordination of the continuous legal destruction of obsolete records through the adoption and use of the State Archive Records Retention and Disposition Schedules.

4. Development of suitable retention periods for records not covered by the New York State Records Retention and Disposition Schedules.

5. Assistance to each department for the establishment of a records management system to support the overall district records management program and encouragement of the continued efficient management of records within respective departments.

6. Setting up and overseeing a center for the storage of inactive records.

7. Coordination of and carrying out or participating in the planning for development of advanced records management systems and equipment.

8. Preparation of special and annual reports for the Board of Education on the records management program progress, cost savings and cost avoidance problems and additional issues.

There shall be a Records Advisory Board designated to work closely with and provide advice to the RMO. The Board shall consist of at least four members, suggested but not limited to the following areas: Town Historian, a district administrator, the County Historian, and the Town Clerk. Appointments are to be made by the Superintendent. The Board shall meet periodically and have the following duties:

a. To provide advice to the RMO on the development of the records management program.

b. To review the performance of the program on an ongoing basis and propose changes and improvements.

c. To review any changes in retention periods proposed by the RMO for records not covered by the State Archive Schedules.

d. To provide advice on the appraisal of records for archival value and to be the final sign-off entity as to what is or is not archival.

Custody and control of records.

a. Active records. The originating department has full custody (legal and physical) over records still in active use.

b. Inactive records. The originating department is the legal custodian of it s records and shall retain the power to retrieve and use records deposited in inactive storage in the records center. The RMO will have physical custody of inactive records and will determine the method and design of storage.

c. Archival records. Records transferred to or acquired by the archives shall be under the full custody (legal and physical) of the archives, as directed by the RMO, rather than the department which created or held them immediately prior to being transferred to the archives.

1. Records shall be transferred to the archives upon the recommendation of the RMO, with the approval of the head of the department which had custody of the records and the approval of the Records Advisory Board.

2. Records may be removed (temporarily or permanently) from the achieves at the request of the RMO or the head of the department which had custody of the records immediately prior to the transfer of those records to the archives, subject to the approval of the Records Advisory Board.

Disposition of Records

No records shall be destroyed or otherwise disposed of by the district until it has met the time limit on the New York State Records Retention and Disposition Schedule or unless approved by the Records Management Officer. No records shall be destroyed or otherwise disposed of by the Records Management Officer without the express written consent of the department head having authority.

8635 - Information Security Breach and Notification

Adoption Date: 5/12/2016
8000 - Support Services

8635 Information Security Breach and Notification

The Board of Education acknowledges the State’s concern regarding the rise in identity theft and the need for prompt notification when security breaches occur. To this end, the Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, to establish regulations which:

  • Identify and/or define the types of private information that is to be kept secure. For purposes of this policy, “private information” does not include information that can lawfully be made available to the general public pursuant to federal or state law or regulation;
  • Include procedures to identify any breaches of security that result in the release of private information; and
  • Include procedures to notify persons affected by the security breach as required by law.

Additionally, pursuant to Labor Law §203-d, the District will not communicate employee “personal identifying information” to the general public. This includes social security number, home address or telephone number, personal electronic email address, Internet identification name or password, parent’s surname prior to marriage, or driver’s license number. In addition, the District will protect employee social security numbers in that such numbers shall not: be publicly posted or displayed, be printed on any ID badge, card or timecard, be placed in files with unrestricted access, or be used for occupational licensing purposes. Employees with access to such information shall be notified of these prohibitions and their obligations.

Any breach of the District’s computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the District shall be promptly reported to the Superintendent and the Board of Education.

Policy References:
State Technology Law §§201-208
Labor Law §203-d 

8650 - School District Compliance with Copyright Law

Adoption Date: 4/5/2001, Revised: 1/13/2016 
8000 - Support Services

8650 School District Compliance with Copyright Law

The Board of Education acknowledges the necessity of complying with federal laws governing the use of copyrighted material. 

Infringement on copyrighted material, whether prose, poetry, graphic images, music, video or computer code, is a serious offense against federal law and contrary to the ethical standards required of staff and students alike. It is each staff member’s responsibility to comply with the District’s copyright procedures. The District is not responsible for violations of the copyright laws by its staff or students.

Use of Copyrighted Materials

It is well-recognized that limited use of copyrighted material for educational purposes, without permission, is allowable under the “fair use” doctrine. In order to determine if the use of copyrighted material is permitted under the fair use doctrine, the following factors must be weighed:

1.    The purpose and character of the use (i.e., is it for instructional purposes?);

2.    The nature of the copyrighted work (i.e., is it a newspaper article or photograph?);

3.    The amount and substantiality of the portion used in relation to the copyrighted work as a whole (i.e., is it a short excerpt?); and

4.    The effect of the use upon the potential market for or value of the copyrighted work (i.e., by reproducing it, does it impact the ability of the author/owner to sell it?).

Staff members should consult with building library media specialists and/or building administrators when they have a question as to the use of copyrighted material or if they need assistance in obtaining proper authorization for the use of material.

Materials Created by District Employees or Others

The District is the holder of the copyright for works made for hire (e.g., materials prepared by an employee within the scope of his/her employment, including instructional texts, tests, answer sheets, etc.). The District shall be considered the author and owner of the copyright unless there is a separate written agreement with the employee that specifies a different arrangement.

When work is specifically commissioned, and the author is not an employee of the District, there shall be a written agreement specifying authorship and copyright arrangements.

The Superintendent of Schools, or his/her designee, is hereby directed to keep accurate records of all materials involving copyright laws and to develop such rules and regulations as he/she may deem appropriate to carry out this policy.

Policy References:
17 U.S.C. §§101; 106; 107; 117; 201; 302
Basic Books, Inc. v. Kinko’s Graphics Corp., 758 F. Supp. 1522 (SDNY 1991)
H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. (1976)

Policy Cross References:
 » 4526 - Acceptable Use of Computers and the Internet

8700 - Insurance

Adoption Date: 4/5/2001, Revised: 9/10/2015 
8000 - Support Services

8700 Insurance

The District shall purchase insurance coverage necessary to protect the District to an optimum extent from loss of property and judgments and awards arising out of liability claims. Records of all insurance policies shall be kept in the District Office. The Board of Education shall select a broker who shall advise it in the administration of the insurance program. All actions involving the purchase of insurance shall be subject to Board approval.

The Superintendent of Schools shall have general knowledge of the provisions of all insurance policies carried by the District. At the time of an accident or loss, he/she shall see that the necessary action is taken to protect the interests of the School District.

The Board shall purchase with District funds the type and amount of insurance appropriate to protect itself as a corporate body, its individual members, its appointed officers, and its employees from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person or accidental damage to the property of any person within or without the school buildings while the above-named insured are acting in the discharge of their duties within the scope of their employment and/or under the direction of the Board. Such purchase will take into account the price of insurance, appropriate deductibles, and other relevant factors.

Premiums for such accident insurance as is deemed appropriate for students in grades pre-kindergarten through twelve, participating in interscholastic, intramural, and physical education sports activities, or while engaged in practice preparation for such games, sports, or contests, will be paid from the General Fund.

The Superintendent, or his/her designee, shall annually review the insurance program for the purpose of recommending to the Board adjustments in coverage resulting from, but not limited to, expansion of the District’s risks, relevant new laws, and superseding conditions which make changes in coverage appropriate.

Policy References:
Education Law §§1709(8)(8-a)(8-b); 3023; 3028; 3811
General Municipal Law §§6-n; 50-c and 50-e
Lynd v. Heffernan, 286 AD 597 (3d Dept. 1955)
Surdell v. City of Oswego, 91 Misc.2d 1041 (1977) 

8800 - Energy Management

Adoption Date: 4/5/2001, Revised: 10/13/2010 
8000 - Support Services

8800 Energy Management

The Board of Education recognizes the importance of energy and water conservation and is committed to the analysis, development, and initiation of conservation measures throughout the district for the purpose of reducing energy consumption.

Policy References:
National Energy Conservation Act of 1978 (P.L. 95-619)
Federal Institutional Conservation Program (10 CFR Part 455)
State Energy Law, Articles 3; 5; 8; 11; 16
9 NYCRR Parts 7810-7816 (State Energy Conservation Construction Code)

8900 - Wellness Policy

Adoption Date: 6/8/2006
8000 - Support Services

8900 Wellness Policy

Philosophy

The Victor Central School District is committed to providing a school environment that enhances learning and development of lifelong wellness practices. The district recognizes that optimum learning flourishes in an environment where the social, emotional and physical needs of its students and staff are identified, addressed and supported.

(1) Nutrition.

Academic performance and quality of life issues are affected by the choice and availability of good foods in our schools. Healthy foods support student physical growth, brain development, resistance to disease, emotional stability and ability to learn.

(a) Nutrition guidelines that require the use of products that are high in fiber, low in added fats, sugar and sodium, and served in appropriate portion sizes consistent with USDA standards shall be established for all foods offered by the district’s Nutrition Services Department or contracted vendors. Menu and product selection shall utilize input from student, parent, staff and community advisory groups, whenever possible.

(b) Vending machines

1. All snack vending machines shall provide only single serving snacks that meet at least two (with at least 50% of the items meeting three) of the following:

a. 300 or fewer calories;

b. six grams of fat or less,

c. one or more grams of fiber,

d. at least 10% of RDA of calcium, iron, vitamin A or vitamin C.

2. Vending machines where student meals are served or eaten shall not include carbonated beverages, with the exception of school approved USDA approved carbonated beverages.

3. All beverage vending machine areas and all faculty/staff areas at school and district sites shall include:

a. water

b. 100% fruit juice

c. non – carbonated drinks with less than 150 calories per container.

4. The beverage vending machines may also include:

a. Non-fat, low fat, plain or flavored milk or yogurt in 16 ounces or less servings

b. Other non–carbonated drinks

(c) Nutrition education will be imbedded into the curriculum by classroom teachers at the K-6 level, and by health and home and careers teachers at the secondary level.

(d) Foods provided to students outside of the food service department (vending, fund-raisers, extra-curricular events and celebrations) shall support USDA dietary guidelines which include balance and moderation.

(2) Health Education and Life Skills.

Healthy living skills shall be taught as part of the regular instructional program and provides the opportunity for all students to understand and practice concepts and skills related to health promotion and disease prevention.

(a) Each student shall be provided an interdisciplinary, sequential skill-based health education program based upon state standards and benchmarks.

(b) Students shall have access to valid and useful health information and health promotion products and services.

(c) Students shall have the opportunity to practice behaviors that enhance health and /or reduce health risks during the school day and as part of before or after schools programs.

(d) Students shall be taught communication, goal setting and decision making skills that enhance personal, family and community health.

(3) Physical Education and Activity

A certified specialist shall teach physical education. Physical education and physical activity shall be an essential element of each school’s instructional program. The program shall provide the opportunity for all students to develop the skills, knowledge and attitudes necessary to participate in a lifetime of healthful physical activity.

(a) Physical Education Program .

The physical education program shall be designed to stress physical fitness and encourage healthy, active lifestyles. The physical education program shall consist of physical activities of at least moderate intensity, subject to the differing abilities of students. Students shall be supported in setting and meeting personal fitness goals that result in the achievement and maintenance of a health enhancing level of physical fitness.

1. Participation in physical education shall be required for all students in kindergarten through grade six for a minimum of 30 minutes, three days a week, or the equivalent.

2. Participation in physical education shall be required for all students in grades 7-12 according to the regulations set forth by the NYS Education Department through formal physical education courses.

3. High schools shall require two (2) credits for graduation.

(b) Physical activity

Physical activity should be integrated throughout the school day.. Regularly scheduled intramural/ extra-curricular athletic activities, and/or regularly scheduled school-wide activities are available to all students.

(4) Healthy and Safe Environment

A healthy and safe environment for all, before, during and after school supports academic success. Safer communities promote healthier students. Healthier students do better in school and make greater contributions to their community.

(a) School buildings and grounds, structures, buses, and equipment shall meet all current health and safety standards and regulations. The District’s School Safety Plan and Code of Conduct are aligned to state and federal regulations and are strictly enforced.

(5) Social and Emotional Well-Being

The District supports programs and services that support and value the social and emotional well being of students, families and staff.

(a) Each school shall provide a supportive environment that includes guidance, counseling, and school social work services that encourages students, families and staff to request assistance when needed and links them to school or community resources.

(b) Students and staff are expected to express thoughts and feelings in a responsible manner.

(c) Students and staff are expected to respect the differences in others and to demonstrate tolerance in order to have positive interpersonal relations.

(d) Students will be supported in maintaining an age-appropriate balance between academics and extra-curricular activities. Some examples may include, but are not limited to:

i. Interscholastic athletic practices not to exceed 2 hours;

ii. Rehearsals not to extend beyond 9pm on school nights;

iii. District-wide Family Together Nights

(6) Health Services:

An effective health care delivery system that promotes academic achievement by providing a broad scope of services from qualified health care providers will improve the mental and physical health of students and staff.

a) Primary coordination of health services shall be through a trained school health care practitioner with the support and direction of the school physician.

b) The Victor Central School District shall collaborate with community health liaisons and resources to promote health and wellness for students, families, staff and community.

c) A coordinated program of accessible health services shall be provided to students and shall include violence prevention, school safety, communicable disease prevention, health screening, community health referrals, immunizations, parenting skills, first aid and other priority health education topics.

(7) Family, School and Community Partnership

Long-term effective partnerships improve the planning and implementation of health promotion projects and events within each school and throughout the community.

a) Stakeholder representation shall be included on an ongoing basis in school and district wellness planning processes. The stakeholder group will create, implement and evaluate the district’s wellness plan as it relates to this policy.

b) Community partnerships shall be developed and maintained as a resource for school and district programs.

c) The district shall actively develop and support the engagement of students, families and staff in community health enhancing activities and events at the school or throughout the community.

(8) Staff Wellness

The district supports the emotional and physical well being of all staff. A staff that is supported both emotionally and physically will enhance the educational experience for students.

(a) Establish an ongoing staff committee to assist in identifying and supporting the health, safety, and well being of staff.

(b) Provide opportunities for on- campus staff participation in wellness activities.

(c) Share information about wellness resources and services

9000 - Personnel and Negotiations

9000 - Personnel Policy Goals

Adoption Date: 6/7/2001, Revised: 7/9/2015 
9000 - Personnel and Negotiations

9000 Personnel Policy Goals

The Board of Education recognizes that the School District’s central goal – the education of children – is wholly dependent on the dedication and work provided by the School District’s employees. The Board seeks to develop and implement personnel policies that will allow and enhance the ability of staff to educate children.

The specific goals that will guide the Board as it develops personnel policies are:

1.            To hire and retain the best and most qualified staff available

2.            To ensure staff are evaluated in a rigorous and meaningful manner

3.            To grant tenure to staff who have performed at the highest level and

4.            To provide professional development and training to staff to improve their skills.

Although the Board is the employer of all staff in the District, the Board recognizes that the Taylor Law requires the District to negotiate in good faith with recognized or certified employee organizations over wages, hours, and all other terms and conditions of employment as defined by the Taylor Law or as interpreted by the Public Employment Relations Board. The School District will fully comply with the requirements of the Taylor Law.

All other employees in the District who are not represented by a recognized or certified employee organization will receive fair compensation and benefits for the work they provide.

In return for the compensation and benefits provided to District staff, the Board expects employees to render the quality of service that enables children to learn at the highest level possible and seek continuous improvement in the service they provide. 

Policy References:
Education Law §§1604(8), 1709(16), 2503(3), 2554(2), 3012(1)(a)
Education Law §§3012(2)
Civil Service Law §204 
8 NYCRR §100.2(o)(2)
8 NYCRR §100.2(dd)(2)(ii)(a)

Policy Cross References:
 » 0100 - Nondiscrimination and Equal Opportunity

9120.1 - Conflict of Interest

Adoption Date: 1/13/2005, Revised: 2/9/2012 
9000 - Personnel and Negotiations

9120.1 Conflict of Interest

The Board of Education is committed to avoiding any situation in which the existence of simultaneous, conflicting interests in any officer or employee may call into question the integrity of the management or operation of the School District. Therefore:

No person employed by the District shall hire, supervise, evaluate, promote, review or discipline any other employee who is a member of the same family. For purposes of this policy, “family” shall include: parent, child, spouse, sibling, grandparent, and brother/sister-in-law. In the event that marriage, promotion, or reorganization results in a situation not in compliance with this policy, reassignment or transfer will be effected, in accordance with the applicable provisions of any collective bargaining agreement, to correct the situation.

No person employed by the District shall negotiate or execute any contract on behalf of the District for the purchase, sale or lease of real or personal property, services of any nature, nor for insurance without first having determined the common price for such property, services or insurance, or requesting bids from all potential providers of such property, services or insurance.

No person employed by the District shall allow any matter, concern or interest, personal, financial or otherwise, to influence or interfere with the performance of his or her duties. Should such a matter, concern or interest arise, the employee shall bring the matter to the attention of his or her supervisor or the Board to seek ways to reduce or eliminate the influence or interference.

The Board affirms its commitment to adhere scrupulously to all applicable provisions of law regarding material conflicts of interest.

Knowing or willful violation of this policy by any employee may result in disciplinary action up to and including dismissal.

Any officer, employee or member of the public noting or suspecting a violation of this policy is encouraged to bring the matter, either in confidence or in public, to the Board or the Superintendent of Schools.

Policy References:
Education Law §§ 410, 3016
General Municipal Law Art. 18, §§ 801-813
Labor Law §201-d
Dykeman v. Symonds, 54 AD2d 159 (4th Dep't 1976)

Policy Cross References:
 » 2160 - School District Officer and Employee Code of Ethics

9140.1 - Staff Complaints and Grievances

Adoption Date: 6/7/2001, Revised: 11/9/2017 
9000 - Personnel and Negotiations

9140.1 Staff Complaints and Grievances

The Board of Education recognizes that staff complaints and grievances regarding work rules arise from time to time. In many instances the complaint process is covered by collective bargaining agreements, and in those instances, the grievance procedure outlined in the agreement shall be used. In order to address staff complaints not covered by bargaining agreements, and/or for those employees not covered by such an agreement, the Board establishes this policy. The Board acknowledges that staff members have the right to present their complaints and grievances in accordance with these procedures free from coercion, interference, restraint, discrimination or reprisal.

The District shall implement a multi-stage grievance procedure and an appellate stage for the settlement of grievances pursuant to the General Municipal Law.

This policy and regulation shall be filed with the District Clerk and the State Civil Service Commission within 15 days of adoption and/or amendment, as required by law.

Staff complaints that are not covered under the General Municipal Law, or cannot be resolved under procedures of policies 0100, Equal Opportunity and Nondiscrimination or 0110, Sexual Harassment, shall be subject to the discretion of the Board of Education as to the method by which the complaint may be brought. 

Policy References:
General Municipal Law, Article 15 c 
Civil Service Law, Article 14
Matter of Gatje, 24 EDR 191 (1984)

Policy Cross References:
 » 0100 - Nondiscrimination and Equal Opportunity
 » 0110 - Sexual Harassment

9160 - Personnel Records

Adoption Date: 6/7/2001, Revised: 11/9/2017 
9000 - Personnel and Negotiations

9160 Personnel Records

Information about staff is required for the daily administration of the school district, for implementing salary and other personnel policies, for budget and financial planning, for responding to appropriate inquiries about employees, and for meeting Board of Education, state and federal educational reporting requirements. To these ends, the Board directs the Superintendent of Schools to develop and implement a comprehensive and efficient system of personnel records maintenance and control under the guidelines which follow.

1. A personnel file will be accurately maintained in the central administrative office for each present and former employee. These files will contain applications for employment; references; and records relative to compensation, payroll deductions, evaluations and such other matters as may be considered pertinent to the purposes of this policy as cited above.

2. The Superintendent will be the records manager for personnel files and will have the overall responsibility for maintaining and preserving the confidentiality of the files. The Superintendent may, however, designate another official to perform the duties of records management on the understanding that this official is to be held responsible for granting or denying access to records on the basis of these guidelines.

3.  Except for information required to be disclosed under the Freedom of Information Law, all personnel records will be considered confidential and not open to public inspection, and access to files will be limited to school and governmental officials authorized by the Superintendent to use the files for purposes of this policy as cited above. No other persons or agencies may have access to information in a staff member’s file except when the staff member has given written consent for the release of specific information to a specific person or agency, or when such information is subpoenaed or ordered for release by a court of law.

4. Lists of District employees' names and home addresses will be released only to governmental agencies as required for official reports.

5. A present or former staff member may have access to his/her own personnel file at all reasonable times (i.e., during regular school hours) but with the exception that access will not be granted to references provided to the District on a confidential basis prior to employment. The right of access includes the right to make written objections to any information contained in the file. Any written objection must be signed by the staff member and will become part of the staff member's file. In cases when file information is proved to be in error, correction will be made.

6. No complaint, commendation, suggestion, or evaluation may be placed in the evaluation section of a file unless it meets the following requirements:

a. the comment is signed by the person making the complaint, commendation, suggestion or evaluation; and

b. the Superintendent or employee's principal or other supervisor has notified the employee that the comment is available in the District Office for inspection prior to its placement in the evaluation section.

The employee may offer a denial or explanation of the complaint, commendation, suggestion or evaluation, and any such denial or explanation will become a part of the evaluation section.

The Board has the right of access to personnel records of District employees pursuant to the procedures set out in Part 84 of the Regulations of the Commissioner of Education. 

Policy References:
Education Law §3020 a
8 NYCRR Part 84

Policy Cross References:
 » 1120 - School District Records

9170 - Meals and Refreshments

Adoption Date: 5/12/2005, Revised: 5/11/2017 
9000 - Personnel and Negotiations

9170 Meals and Refreshments

The Board of Education recognizes that, occasionally, it may be appropriate to provide refreshments and/or meals at District meetings or events, which are being held for a District or educational purpose. Any expenditure on such refreshments and/or meals must be approved in advance by the appropriate building administrator. Meal requests may be approved when:

  • officers and/or employees of the District will be prevented from taking time off for food consumption due to a pressing need to complete the business at hand;
     
  • the District is faced with business of an immediate nature and meetings of District employees are essential at mealtime; or
     
  • the District wishes to recognize the services provided by volunteers or other unsalaried members of the District (in such cases, however, only the meals of those being recognized may be reimbursed and the cost of the meals must be reasonable).

An example of an authorized expenditure would be refreshments and/or meals for staff assigned to participate in assessment day grading of standardized tests.

All expenses must be appropriately documented, including the date, purpose of the meeting and the group in attendance, and submitted to the District’s Business Office for the purposes of audit and possible reimbursement.

Policy References:
NY Constitution, Art. VIII, §1
Education Law §2118
Ops. St. Compt. 77-667; 79-552; 82-66; 82-213; 82-298; 83-57; 98-2 

9240 - Recruiting and Hiring

Adoption Date: 6/7/2001
9000 - Personnel and Negotiations

9240 Recruiting and Hiring

The Board of Education will attempt to employ the best qualified personnel for any position. All vacant positions, or newly created positions will be posted internally, and, if appropriate, outside the district.

It is the responsibility of the Superintendent of Schools and all persons delegated by him/her to determine the personnel needs and how to recruit suitable candidates for employment.

The candidate recommended to fill the position shall be the applicant who, in the judgment of the Superintendent, best meets the requirements of the position.

The Board adheres to the practice of recruiting and hiring personnel without regard to religion, creed, race, color, age, marital status, national origin, sex or disability.

It will be the duty of the Superintendent to see that persons nominated for employment in the schools meet all certification requirements and the requirements of the Board for the type of position for which the nomination is made.

All newly hired employees will be required to complete the Employment Eligibility Verification Form and present documents that establish their identity and eligibility to work in the United States.

Employment of Relatives of Board Members

A probationary or permanent appointment of a teacher who is related by blood or marriage to any member of the Board shall be subject to the consent of two-thirds of the members of the Board.

The Board shall take the same stance in the hiring of professional staff other than teachers, and the hiring of nonprofessional staff, as well.

While the Board may accept or reject a nomination, an appointment will be valid only if made with the recommendation of the Superintendent. In the case of a rejection, it is the duty of the Superintendent to make another nomination. No person shall be considered employed until a resolution to that effect has been approved by the Board.

Policy References:
Age Discrimination in Employment Act (AREA), 29 USC §§621 et seq.
Americans with Disabilities Act, 42 USC §12101 et seq.
Civil Rights Act of 1964, Title VII, 42 USC §2000c et seq.
Human Rights Law, Executive Law §290 et seq. 
Civil Rights Law, §40 et seq.
Education Law §§1709; 3012 

9260 - Conditional Appointment and Emergency Conditional Appointment Student Safety

Adoption Date: 10/11/2001, Revised: 6/11/2015 
9000 - Personnel and Negotiations

9260 Conditional Appointment and Emergency Conditional Appointment Student Safety

The Board of Education recognizes that there may be instances in which it is necessary, upon recommendation of the Superintendent of Schools, for the Board to conditionally appoint or to make an emergency conditional appointment of a prospective employee. To provide for the safety of students who have contact with an employee holding a conditional appointment or an emergency conditional appointment, the Board adopts the following policy.

No District employee who holds a conditional or emergency conditional appointment shall be in contact with students other than to provide instruction and/or other required services.

No District employee who holds a conditional or emergency conditional appointment shall teach a class or provide services to students with his/her classroom or office door closed unless the building principal has provided express prior permission to do otherwise.

The building principal or his/her designee shall, at least twice a week, monitor the activities of such employees while on School District property during the period of their conditional or emergency conditional appointment.

In addition, the District will ensure that all personnel, including conditionally and emergency conditionally appointed employees, are aware of and receive training regarding the prohibition against child abuse in an educational setting and of their responsibility for reporting any such abuse. All conditionally appointed and emergency conditionally appointed employees receive this training at the time of their initial contingency appointment.

For purposes of this policy, the terms “conditionally appointed” and “emergency conditional appointment” shall refer to any employee holding conditional or emergency conditional appointment, as defined in Section 1709 of the Education Law.

Policy References:
Education Law §§1125-1133; 1604(39); 1709(30); 1804(9); 1950(4)(11); 2503(18); 2554(25); 2854(3)(a-2) (As extended by L.2001, c. 147; L.2003, c. 100; L.2005, c. 127; L.2007, c. 90; L.2009, c. 179; L.2011, c. 2; L. 2011, c. 58)
8 NYCRR §§100.2(hh): Part 87

Policy Cross References:
 » 9620 - Child Abuse in an Educational Setting

9270.1 - Substitutes

Adoption Date: 6/7/2001, Revised: 12/14/2017 
9000 - Personnel and Negotiations

9270.1 Substitutes

In the absence of a regular teacher, a substitute teacher eligible to teach in the District shall be employed by the Superintendent of Schools.

Except in emergency situations, persons to be employed as substitute teachers shall be recommended by the Superintendent for the approval of the Board of Education. To the greatest degree possible, the Board of Education shall employ as substitute teachers competent and effective individuals who are certified by the State of New York in an approved teaching area.

Pursuant to law, when substitute positions of five months or more become available, teachers on the District's preferred eligibility list who were excessed from similar positions will be offered the position.

The Education Law requires that teachers on a District's preferred eligible list (PEL) must be offered any available substitute positions of five months or more in duration, without losing their status on the list, in addition to being offered any similar permanent positions that may become vacant. The declining of such reinstatement may not adversely affect the teacher's preferred eligibility status.

Individuals employed as substitute teachers who are not certified may be employed for up to 40 days during a school year, unless such individuals are in a program leading to teacher certification. In that case, there is no limit on the number of days for which they may be employed as a substitute teacher.

The employment of substitute teachers will be centralized for the District in the Human Resources Office. Candidates selected will be recommended to the Board for placement on the list of approved substitutes. Principals will assume responsibility for the scheduling of substitutes from the approved list as needed.

In order to allow adequate time for the school to procure a substitute, professional staff members should notify the Principal of their absence in advance. The teacher who will be absent should leave detailed lesson plans for the substitute to follow.

Payment of Substitute Teachers

The Board, upon recommendation of the Superintendent, shall determine the salaries for substitute teachers.

Policy References:
Education Law §§2509; 2510; 3013; 3101
Civil Service Law §201(7)(d)
Labor Law §590
8 NYCRR §80.36
Robins v. Blaney, 59 NY2d 393 (1983)
Rosenberg v. Westbury Public Schools, 51 AD2d 551 (2d Dep’t 1976)
Matter of Rossi, 22 EDR 128 (1982)
Matter of Crandall, 20 EDR 16 (1980)
Matter of Negri, 19 EDR 35 (1979)
Matter of Walsh, 17 EDR 434 (1978)
Matter of Blanchard, 14 EDR 260 (1975) 

9280 - Resignation

Adoption Date: 6/7/2001, Revised: 11/13/2014 
9000 - Personnel and Negotiations

9280 Resignation

The Board of Education expects that any teacher desiring to terminate his/her services will provide the Board with a minimum of 30 days' notice before the effective termination date.

A teacher shall make every effort to terminate employment at the end of the school year. Resignations must be in writing and include the effective date.

9310 - Physical and Mental Exams

Adoption Date: 6/7/2001, Revised: 3/19/2015 
9000 - Personnel and Negotiations

9310 Physical and Mental Exams

The Board of Education seeks to provide a healthful and safe working environment for the total school community. The Board employs individuals who have physical and mental capacity which will enable such employee to reasonably perform the duties required of the position, and to assure that all employees have a standard of health that will contribute to the safe, healthy and efficient performance of work.

Medical Examinations

The Board reserves the right to request a health examination at any time during employment, at School District expense, in order to determine the physical and mental capacity of an employee to perform his/her duties.

Support staff personnel initially appointed to positions may be requested to obtain physical examinations at the expense of the School District. The physical examination is to be obtained from the school physician.

All bus drivers and substitute bus drivers shall have yearly physical examinations performed by the school physician. Each bus driver initially employed by the School District shall have a physical examination not more than four weeks prior to the opening of school in September.

Annual or more frequent examinations of an employee may be required, when in the judgment of the school physician and the Superintendent, such procedure is deemed necessary.

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.

No applicant or employee will be discriminated against because of any disability or speculation that such person's future health would be at risk in performing his/her duties. Inability to perform the essential functions of the job with or without reasonable accommodation may be grounds for disqualification or dismissal.

 

9320 - Drug-Free Workplace

Adoption Date: 6/7/2001, Revised: 10/8/2015 
9000 - Personnel and Negotiations

9320 Drug-Free Workplace

The Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution, dispensing, possession or use of any controlled substance in the workplace. "Workplace" shall mean any site on school grounds, at school-sponsored activities, or any place in which an employee is working within the scope of his/her employment or duties. ”Controlled substances” shall include all drugs which are banned or controlled under federal or state law, including those for which a physician’s  prescription is required,  as well as any other chemical substance which is deliberately ingested to produce psychological or physiological effects, other than accepted foods or beverages.

The Superintendent of Schools or his/her designee shall implement related regulations which outline the requirements of the federal Drug-Free Workplace Act of 1988.

Policy References:
Drug-Free Workplace Act (DFWA), 41 U.S.C. §§8101-8106
Controlled Substances Act, 21 U.S.C. §812
21 CFR §§1308.11-1308.15
34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA)
Civil Service Law §75
Education Law §3020-a
Patchogue-Medford Congress of Teachers v. Board of Education, 
70 NY2d 57 (1987) 

9460 - Incidental Teaching

Adoption Date: 6/7/2001
9000 - Personnel and Negotiations

9460 Incidental Teaching

The Superintendent of Schools may assign a teacher to teach a subject not covered by his/her certificate for up to five classroom hours per week, pursuant to the following regulations:

1. The Superintendent shall make a finding that the teacher being assigned to teach a subject on an incidental basis has sufficient teaching experience and knowledge of the subject matter to teach such subject in a competent manner.

2. By October 1 of each year the Superintendent shall submit to the Board of Education at a public meeting a list of all teachers assigned to teach on an incidental basis, including the courses they have been assigned to teach and their certification area. In the event an incidental teaching assignment is made after October 1, the Superintendent shall report the assignment to the Board at the next regularly scheduled public Board meeting. The list of incidental teaching assignments for the current school year shall be submitted to the State Education Department as part of the district's annual Comprehensive Assessment Report.

Parents/legal guardians shall be informed by the Building Principal, in writing, if their child is affected by an incidental teaching assignment. The notice will include information regarding a process through which parents/legal guardians may appeal such assignment.

Policy References:
8 NYCRR §80.2(c)(7) 

9500 - Compensation and Benefits

Adoption Date: 2/12/2015
9000 - Personnel and Negotiations

9500 Compensation and Benefits

The Board of Education believes that the District’s employees should receive fair compensation and benefits for the work they provide in serving the children of our community. To this end, the Superintendent of Schools shall be responsible for establishing and administering the compensation and benefits provided to the District’s employees, consistent with collective bargaining agreements.

The Board and the School District will comply with all applicable federal and state laws that require minimum compensation, overtime and benefits be provided to certain employees.

Determination of Employment Status

Before enrolling an individual in the District’s compensation and benefits program, the District will determine the individual’s employment status. In accordance with regulations issued by the State Comptroller and as set forth by the Internal Revenue Service, the Director of Human Resources will determine if the person is an employee and thus entitled to benefits. If the individual is not an employee based on the specified criteria, they will not be enrolled in any of the benefit programs offered by the District or the State. When the District hires an attorney, physician, engineer, architect, accountant or auditor as an employee and not an independent contractor, the Board of Education President must certify to the applicable New York State Retirement System the factors supporting that determination using the form prescribed by the State Comptroller.

The Board of Education President shall be responsible for reporting to the appropriate retirement system those individuals eligible for membership. This reporting shall take place at the time of an individual’s employment, and at the intervals required by the appropriate retirement system.

Employees Covered by Collectively Negotiated Agreements

The compensation and benefits (except for State Retirement System benefits) for employees who are represented by recognized or certified employee organizations are established by collectively negotiated agreements between the employee organizations and the District. The District will negotiate in good faith over these issues, as required by law, and will fully comply with the requirements of the Taylor Law and the applicable collectively negotiated agreements.

The Board reserves its right to approve all additional funding required by the provisions of a tentative collectively negotiated agreement, in addition to any right of ratification that is secured by the District’s negotiation representative(s).

Employees Not Covered by Collectively Negotiated Agreements

The compensation and benefits for employees who are not represented by recognized or certified employee organizations shall be determined by the Board of Education upon the recommendation of the Superintendent.

Policy References:
Consolidated Omnibus Budget and Reconciliation Act of 1985 (COBRA), 42 USC §§ 300bb-1 et seq. 
Fair Labor Standards Act (FLSA), 29 USC §§ 200 et seq.
Family and Medical Leave Act of 1993 (FMLA), 29 USC §§ 2610 et seq.
Civil Service Law §§200 et seq. 
Education Law § 3005-b
Local Finance Law § 2.00(5)(e)
2 NYCRR Part 315.2 and 315.3

Policy Cross References:
 » 6741 - Contracting For Professional Services
 » 6800 - Payroll Procedures
 » 9240 - Recruiting and Hiring

9520.2 - Family and Medical Leave

Adoption Date: 6/7/2001, Revised: 2/13/2014 
9000 - Personnel and Negotiations

9520.2 Family and Medical Leave

Consistent with the federal Family and Medical Leave Act (FMLA) of 1993 as amended, the Board of Education recognizes the right of eligible employees to unpaid, job protected family and medical leave for up to twelve (12) workweeks during any twelve (12) month period. The Board shall ensure that all eligible employees who use such leave shall have their health benefits continued and shall be returned to an equivalent position according to established Board practices, policies, and collective bargaining agreements. 

To be eligible for FMLA an employee must have been employed for at least twelve (12) months and have worked at least 1,250 hours during the prior twelve (12) months. FMLA leave shall be granted for the following reasons:

1. the birth and care of a newborn child of the employee;

2. the adoption or foster placement of a child;

3. to care for an employee’s spouse, parent, or son or daughter with a serious health condition;

4. due to a serious health condition that makes the employee unable to perform the essential functions of the employee’s job;

5.  for a qualifying exigency as defined in law and regulation, arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty).

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member is entitled to a total of twenty-six (26) workweeks of unpaid, job protected leave in a single twelve (12) month period to care for the service member who is seriously ill or injured in the line of duty.

An employee may elect, or the District may require an employee, to use accrued paid vacation, personal or family leave for purposes of an FMLA leave. An employee may elect, or the District may require an employee, to use accrued vacation, personal, or medical/sick leave for purposes of a medical leave.

The employee shall notify the District of his/her request for leave, if foreseeable, at least thirty (30) days prior to the date when the leave is to begin. If such leave is not foreseeable then the employee shall give such notice as is practical. The District may require a certification from a health care provider if medical leave is requested. When an employee returns following a leave, he/she must be returned to the same or equivalent position of employment. The Superintendent of Schools or designee may reassign a teacher consistent with the teacher's agreement to a different grade level, building or other assignment consistent with the employee's certification and tenure area.

The Board shall ensure that FMLA is provided to all eligible employees, unless they are covered by a collective bargaining agreement which provides greater leave benefits than this Act.

The District shall post a notice prepared or approved by the Secretary of Labor stating the pertinent provisions of the Family and Medical Leave Act, including information concerning enforcement of the law.

Policy References:
29 U.S.C. §§207, 2601, 2611, 2612, 2613, 2614, 2618, 2619,
29 CFR Part §§825.110, 825.309, 825.600, 825.603, 825.800

Policy Cross References:
 » 9520.5 - Other Leaves

9520.5 - Other Leaves

Adoption Date: 6/7/2001, Revised: 2/13/2014 
9000 - Personnel and Negotiations

9520.5 Other Leaves

In general, leaves of absence shall be administered by the Superintendent of Schools. The Board of Education reserves the right to grant leaves of absence for purposes or under conditions not contemplated or considered in this policy statement. 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. Except by permission of the Superintendent, as expressed in writing, the purpose or conditions of a leave of absence may not be altered.

Contractual leaves of absence shall be granted to employees who are members of a negotiating unit. In such cases, authorization to approve requests for leaves of absence submitted shall be pursuant to provisions of contracts in effect between the District and each bargaining unit.

·  In the case of employees who are not members of a negotiating unit, authorization is granted to approve requests for leaves of absence submitted by such employees where the 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.

·  In the case of employees who are under contract to the District, authorization is granted to implement provisions for leaves of absence contained in each such contract.

Unpaid leaves of absence not covered above shall be subject to limitations enumerated in this policy statement. Such authorization is granted for the following unpaid leaves of absence:

·  For a period of time not to exceed one school year for approved graduate study, such leave to include any required internship experience.

·  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.

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.

Unpaid leaves of absence shall not be granted unless the services of a substitute employee, satisfactory in the discretion of the Superintendent, are able to be secured.

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.

 

9540.1 - Health, Medical, Dental

Adoption Date: 6/7/2001, Revised: 5/14/2015 
9000 - Personnel and Negotiations

9540.1 Health, Medical, Dental

Health insurance for certified and support staffs shall be in accordance with their respective negotiated agreements.

Continuation of Medical Insurance Coverage at Termination of Employment

Under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), employees and their dependents are eligible to continue their insurance coverage for up to 18 months when termination of their insurance is due to a reduction in their hours worked, or upon termination of their employment.

Dependents of employees are eligible to continue their insurance for up to 18 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, after the date of their notice, to complete the appropriate application from their insurance carrier to insure continued coverage. They will pay the full cost of their premium plus administrative costs incurred by insurance carrier for direct billing.

9610 - Staff Substance Abuse

Adoption Date: 6/7/2001, Revised: 2/8/2018 
9000 - Personnel and Negotiations

9610 Staff Substance Abuse

The Board of Education, recognizing that students are often influenced by teachers and other members of a school’s staff, impress 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.

Since substance abuse has become a national problem, particularly among children and teenagers, the Board believes that school employees must exemplify the positive benefits of a drug-free lifestyle. The Board therefore will not permit the illegal use, including possession, sale and/or manufacture, of alcohol or controlled substances by staff members either in the workplace, or at any time when the effects of such substance(s) may impair the performance of their duties.

The District shall maintain an employee awareness program, including information regarding substance abuse rehabilitation programs provided by local agencies.

If an employee is found to have violated the terms of this policy, he or she may be required to participate in a substance abuse rehabilitation program and/or be subject to a range of penalties up to and including dismissal.

Employee Assistance Program

The Board recognizes that the problems of alcohol and controlled substance use and abuse affect every segment of society. Therefore, in collaboration with District collective bargaining units, the Board will establish an employee assistance program that will provide appropriate and confidential prevention, intervention, assessment, referral, support and follow-up services for District staff. Staff members will be informed of such services and shall be encouraged to seek such help either voluntarily or in lieu of disciplinary action.

In general, the Board will not intervene unless the employee’s personal problems adversely affect his or her job performance. However, drivers subject to the Omnibus Transportation Employee Testing Act of 1991 must be referred to a substance abuse counselor for evaluation and treatment if the employee has tested positive for controlled substances, received an alcohol concentration of 0.04 or greater, or refused to take a test.

Alcohol and Controlled Substance Testing of Employees

No employee, except drivers pursuant to policy 8414.5, shall be subjected to urinalysis or other form of alcohol or controlled substance testing without reasonable individualized suspicion that the employee has consumed alcohol or a controlled substance. The school attorney shall be consulted before any implementation of such testing. Failure to submit to required alcohol or controlled substance testing based upon reasonable individualized suspicion that the employee has violated District Policy on alcohol and controlled substance use is grounds for disciplinary action up to and including dismissal.

In its effort to maintain a drug free environment, the District shall cooperate to the fullest extent possible with local, state and/or federal law enforcement agencies.

Policy References:
Drug-Free Schools and Communities Act (20 U.S.C. §§3171 et seq.)
Omnibus Transportation Employee Testing Act of 1991
Civil Service Law §75
Education Law §§3012; 3020-a
Patchogue-Medford Congress of Teachers v. Board of Education, 
70 NY2d 57 (1987)
Appeal of Board of Education of Community School District 19, 32 EDR 354 (1992)

Policy Cross References:
 » 8414.5 - Alcohol and Drug Testing of Bus Drivers

9620 - Child Abuse in an Educational Setting

Adoption Date: 11/12/2015
9000 - Personnel and Negotiations

9620 Child Abuse in an Educational Setting

The Board of Education recognizes that children have the right to an educational setting that does not threaten their physical and emotional health and development. Child abuse by school personnel and school volunteers violates this right and therefore is strictly prohibited.

Allegations of child abuse by school personnel and school volunteers shall be reported in accordance with the requirements of Article 23-B of the Education Law.

Required Reporters

Any person holding any of the following positions shall be required to promptly report written and oral allegations of child abuse in an educational setting:

·         school administrator

·         teacher

·         school nurse

·         school guidance counselor

·         school psychologist

·         school social worker

·         other school personnel required to hold a teaching or administrative license or certificate

·         school board member

For purposes of this policy, persons holding these positions shall be referred to as “required reporters.”

Definitions

“Educational setting” means the buildings and grounds of the District, the vehicles provided by the District to transport students to and from school buildings, field trips, co-curricular and extra-curricular activities both on and off School District grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred.

“Child” means a person under the age of 21 enrolled in a New York State school district, other than New York City.

“Child abuse” means any one of the following acts committed in an educational setting by an employee or volunteer against a child:

·         intentionally or recklessly inflicting physical injury, serious physical injury or death; or

·         intentionally or recklessly engaging in conduct that creates a substantial risk of physical injury, serious physical injury or death; or

·         any child sexual abuse as prohibited by sections 130 or 235 of the Penal Law; or

·         the commission or attempted commission against a child of the crime of disseminating indecent materials to minors pursuant to Article 235 of the Penal Law.

Reporting Requirements

In any case where a written or oral allegation of child abuse by an employee or volunteer in an educational setting is made to a required reporter, the required reporter shall:

1.    promptly complete the required State Education Department report form; and

2.    personally deliver it to the principal of the school in which the child abuse allegedly occurred.

If the allegation involves a child who was allegedly abused by an employee or a volunteer of a school in another school district, the required reporter must promptly forward the report form to the Superintendent of the district of attendance and the Superintendent of the school district where the abuse allegedly occurred (if different).

Upon receiving a written report, the principal shall determine whether there is reasonable suspicion to believe that an act of child abuse has occurred. In those circumstances where the Superintendent receives the written report directly, he or she will be responsible for making the reasonable suspicion determination.

If the principal/superintendent determines there is reasonable suspicion to believe that an act of child abuse has occurred, he or she shall promptly notify the parent of the alleged child victim (assuming that the parent is not the person who originally reported the alleged abuse) that an allegation of child abuse in an educational setting has been made and promptly provide the parent with the written statement setting forth parental rights, responsibilities and procedures prepared in accordance with the Regulations of the Commissioner of Education.

If the person making the allegation of abuse is someone other than the child or the child’s parent, the principal/superintendent shall contact the person making the report to learn the source and basis for the allegation.

The principal shall also promptly provide a copy of the written report to the Superintendent and send a copy to the appropriate law enforcement authorities. In no event shall the Principal delay in sending the report to law enforcement because of an inability to contact the Superintendent.

The Superintendent shall send to the Commissioner of Education any written report forwarded to the local law enforcement authorities where the employee or volunteer alleged to have committed an act of child abuse holds a certification or license issued by the department.

Rights of Employees and Volunteers

Any employee or volunteer against whom an allegation of child abuse has been made and against whom the District intends to take adverse action shall be entitled to receive a copy of the report and to respond to the allegations. In addition, such persons are entitled to seek disclosure of reports involving them under the Freedom of Information Law.

Confidentiality

All reports, photographs, and other written material submitted pursuant to this policy and Article 23-B of the Education Law shall be confidential and may not be re-disclosed except to law enforcement authorities involved in investigating the alleged abuse or except as expressly authorized by law or pursuant to a court ordered subpoena. The principal and Superintendent shall exercise reasonable care to prevent unauthorized disclosure.

Willful disclosure of a written record required to be kept confidential to a person not authorized to receive or review such record is a class A misdemeanor.

Penalties

Willful failure of an employee to prepare and submit a written report of alleged child abuse required by Article 23-B of the Education Law shall be a class A misdemeanor.

Willful failure of any principal or Superintendent to submit a written report of alleged child abuse to an appropriate law enforcement authority, as required by Article 23-B of the Education Law, shall be a class A misdemeanor. In addition, the Commissioner of Education may, following an administrative determination, impose a civil penalty of up to five thousand dollars on any administrator who fails to submit a report of child abuse to an appropriate law enforcement authority.

The law further prohibits any principal or Superintendent from agreeing to withhold from the appropriate law enforcement authorities, a Superintendent or the Commissioner of Education, where appropriate, an allegation of child abuse in an educational setting on the part of any employee or volunteer as required by law, in return for the resignation or voluntary suspension of the alleged perpetrator. Violation of this prohibition can result in a class E felony charge and a civil penalty of up to $20,000.

Record Retention

Any report of child abuse by an employee or volunteer that does not result in a criminal conviction shall be expunged from the records kept by the District with respect to the subject of the report after five years from the date the report was made.

Training

The Superintendent shall be responsible for establishing and implementing on an ongoing basis a training program for all current and new required reporters on the procedures required under Article 23-B. The program shall include at a minimum all the elements specified in Commissioner’s regulations.

Policy References:
Education Law §§1125-1133
Penal Law §§130, 235, 263
8 NYCRR §100.2 (hh) 
Appeal of S.S., 42 EDR 273 (2003) 

9645 - Disclosure of Wrongful Conduct

Adoption Date: 7/12/2007, Revised: 3/14/2013 
9000 - Personnel and Negotiations

9645 Disclosure of Wrongful Conduct

The Board of Education expects officers and employees of the District to fulfill the public’s trust and to conduct themselves in an honorable manner, abiding by all District policies and regulations and by all applicable state and federal laws and regulations.

However, when District officers or employees know or have reasonable cause to believe that serious instances of wrongful conduct (e.g., mismanagement of District resources, unethical behavior, violations of law or regulation, and/or abuse of authority) have occurred, they should report such wrongful conduct to the Board or one of its designated officers.

For purposes of this policy, the term “wrongful conduct” shall be defined to include:

• theft of District money, property, or resources;

• misuse of authority for personal gain or other non-District purpose;

• fraud;

• actions that compromise the security and integrity of the District’s or state’s testing 
  program;

• violations of applicable federal and state laws and regulations; and/or

• serious violations of District policy, regulation, and/or procedure.

Disclosure and Investigation

Employees and officers who know or have reasonable cause to believe that wrongful conduct has occurred shall report such mismanagement, fraud or abuse to the Superintendent of Schools, the School Attorney, or the Independent Auditor. Each of these Board-designated officers, upon receiving a report of alleged wrongful conduct, shall take immediate steps to conduct an investigation.

Staff members who suspect that a violation of state testing procedures has occurred shall report their concerns to the building principal, the Superintendent, or the State Education Department (SED). Any building principal receiving such a report shall relay this information to the Superintendent.

The Superintendent of Schools, the School Attorney or the Independent Auditor shall maintain a written record of the allegation, conduct an investigation to ensure that the appropriate unit (e.g., auditors, police, SED, etc.) investigates the disclosure, and notify the Board when appropriate to do so.

Except as otherwise provided in either state and/or federal law, the Board-designated officer shall make all reasonable attempts to protect the identity of the employee making the disclosure in a confidential manner, as long as doing so does not interfere with conducting an investigation of the specific allegations or taking corrective action.

The District shall not take adverse employment action against an employee who has notified the District of wrongdoing, allowing the District the opportunity to investigate and correct the misconduct.

Complaints of Reprisal

An employee who believes he/she has been subject to an adverse employment action based on his or her prior disclosure of alleged or actual wrongful conduct may contest the action by filing a written complaint of reprisal with the Board President. The Board President, or his/her designee, will review the complaint expeditiously to determine:

·         whether the complainant made a disclosure of alleged wrongful conduct before an adverse employment action was taken;

·         whether the responding party could reasonably have been construed to have had knowledge of the disclosure and the identity of the disclosing employee;

·         whether the complainant has in fact suffered an adverse employment action after having made the disclosure; and

·         whether the complainant alleges that adverse employment action occurred as a result of the disclosure.

If the Board President, or his/her designee, determines that all of the above elements are present, he or she shall appoint a review officer or panel to investigate the claim and make a recommendation to the Board. At the time of appointment, the Board President, or his/her designee, shall inform the complainant and the respondent, in writing, of:

·         the intent to proceed with an investigation;

·         the specific allegations to be investigated;

·         the appointment of the review officer or panel; and

·         the opportunity of each party to support or respond, in writing, to the allegation.

Once the review officer or panel has conducted a review and considers the investigation to be complete, the officer or panel will notify the Board President, or his/her designee, of its completion. From the date of that notice, the review officer has 30 days to report his or her findings and make any recommendations he or she deems appropriate to the Board President, or his/her designee. The Board President, or his/her designee, in conferral with the appropriate administrator shall issue a letter of findings to both the complainant and the respondent.

The decision of the review officer or panel is binding.

Nothing in this policy is intended to interfere with legitimate employment decisions.

The Superintendent of Schools shall establish regulations necessary to implement this policy. 

Dissemination and Review

This policy shall be published in employee handbooks, posted in employee lounges and given to all employees with fiscal accounting and/or money handling responsibilities on an annual basis.

The Superintendent of Schools, the School Attorney, or the Independent Auditor, and others involved in implementing this policy shall meet with the Board once a year to evaluate the effectiveness of this policy and to make appropriate adjustments, if any.

Policy References:
Civil Service Law §75-b
Labor Law §740
8 NYCRR §§102.3, 102.4
Garrity v. University at Albany, 301 A.D. 2d 1015 (3rd Dept. 2003)
Matter of Brey v. Bd. Of Educ., 245 A.D. 2d 613 (3rd Dept. 1997)

9700 - Staff Development

Adoption Date: 6/7/2001, Revised: 2/4/2016; 01/11/2018 
9000 - Personnel and Negotiations

9700 Staff Development

The Board of Education believes that staff training and development help ensure the success of educational programs and improve the effectiveness and efficiency of the District. Therefore, the District will provide development opportunities to staff to increase their effectiveness and job performance. The Superintendent of Schools, or his/her designee, shall be responsible for implementing and administering staff development programs for the District’s employees.

Administrators

All administrators in the School District will receive appropriate training and professional development in accordance with law, regulation or any applicable collective bargaining agreement. The Superintendent, or his/her designee, will be responsible for providing such training and development.

Teachers

All teachers will be provided with substantial professional development opportunities directly related to student learning in accordance with any applicable collective bargaining agreement and the District’s Professional Development Plan. Level III teaching assistants and long-term substitute teachers (employed for more than 40 days in a school year) shall have the opportunity to participate in the District’s Professional Development Program.
The plan shall include:

  • A needs analysis, goals, objectives, strategies, activities and evaluation standards for professional development in the District and a description of how the District will provide all teachers substantial professional development activities directly related to student learning needs identified in school report cards and other sources.
  • A description of how the professional development provided will align with New York standards and assessments, teacher capacities and student needs, including linguistic, cultural diversity and special needs. Activities must be articulated across grade levels and subject areas and show how they will be provided and measured in a continuous manner.
  • A description of how it will provide teachers and Level III teaching assistants with opportunities to maintain their certificate in good standing by successfully completing 100 hours of professional development every five years.
  • A mentoring program to provide support for new teachers in order to ease the transition from teacher preparation to practice, thereby increasing retention of teachers in the public schools, and to increase the skills of new teachers in order to improve student achievement.
  • Unless granted an exemption by the Commissioner of Education, a description of how the District will provide professional development to teachers and Level III teaching assistants to address the needs of English Language Learners.

The Board shall appoint Curriculum Council to review and revise the District’s Professional Development Plan annually.

The Superintendent, or his/her designee, will serve as the chair of the team and will be responsible for ensuring the timely review and revision of the District’s Professional Development Plan.

Curriculum Council will submit any recommended revisions to the Professional Development Plan to the Board by June 15. The Board will consider the recommendations at its first regular meeting thereafter. The Board may accept or reject the recommendations of the team in whole or in part. The Board may also request any additional information or data needed to evaluate the success of the program in achieving its objectives.

Any further changes in the plan must be submitted to the Board by July 15. The Board will consider and act on the revised plan by August 15. The Board reserves the right to make changes to the revised plan.

Other Professional Staff and Support Staff

Holders of professional certificates in educational leadership service (i.e., school building leader, school district leader, school district business leader) are required to complete at least 100 hours of continuing education during every 5 year registration period. Unless the District is granted an exemption by the Commissioner of Education, at least 15 percent of those hours shall address the language acquisition needs of English Language Learners.

The District will provide staff development activities for other professional staff and support staff within the financial constraints of the District budget and in accordance with applicable collective bargaining agreements.

Other Staff Development Opportunities

The Board recognizes that many staff development opportunities are provided through non-school District resources. Within budgetary restraints, District employees may attend conferences, workshops, study councils, in-service courses, summer study grants, school visitations, and other relevant staff development opportunities.

Released time and reimbursement for such activities will be available upon approval of the Superintendent, or his/her designee, and in accordance with applicable collective bargaining agreements. The Superintendent, or his/her designee, may establish regulations pursuant to this policy to establish the circumstances under which such released time and reimbursement may be available.

Policy References:
Education Law §§ 3006-a; 3604(8)
8 NYCRR §§ 80-6.3; 100.2(o)(2)(iii)(b)(5); 100.2(dd)