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:
- Tailor the learning program to each student’s learning styles, interests and aspirations
- Protect and observe the legal rights of students
- 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
- Provide an environment in which students can learn personal and civic responsibility for their actions through meaningful experiences as school citizens
- Promote faithful attendance and good work.
Adoption date: 03/19/14
5020.3 STUDENTS WITH DISABILITIES PURSUANT TO 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, seeing, hearing, speaking, breathing, learning 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 shall identify, evaluate, refer, place, provide adaptations for and review all eligible students with disabilities. Students with disabilities pursuant to Section 504 shall be provided a free appropriate public education which may include, but is not limited to, providing a structured learning environment; repeating and simplifying instructions about in-class and homework assignments; supplementing verbal instructions with visual instructions; using behavioral management techniques; adjusting class schedules; modifying test delivery; using tape recorders, computer-aided instruction and/or other audiovisual equipment; selecting modified textbooks or workbooks and tailoring homework assignments or modification of nonacademic times such as lunchroom, recess and physical education.
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.
Programs for Students with Disabilities
Code of Conduct
Rehabilitation Act of 1973, 29 USC §§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
Adoption date: 03/19/14
5030 STUDENT COMPLAINTS AND GRIEVANCES
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. They shall also be given an opportunity to be heard on complaints and grievances they may have.
A student filing a complaint or grievance alleging that there is an action affecting them which is prohibited by Title IX and/or Section 504 of the Rehabilitation Act or the Americans with Disabilities Act shall be provided with information regarding the prompt and equitable resolution of the complaint or grievance. Furthermore, a student shall have the right to present complaints and grievances in accordance with the procedure free from coercion, interference, restraint, discrimination or reprisal.
Building Principals are responsible for ensuring that appeal procedures are incorporated into discipline codes, explained to all students, and provided to all parents on an annual basis.
At the beginning of each school year, the district shall publish a notice of the established grievance procedures for resolving complaints of discrimination due to sex and/or disability to parents/guardians, employees, eligible students and the community. The public notice shall:
- Inform parents, employees, students and the community that vocational education programs are offered without regard to sex, race, color, national origin or disability;
- Provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination due to sex and/or disability;
- be included in announcements, bulletins, catalogues, and applications made available by the district.
The Superintendent of Schools shall establish regulations and procedures for presenting problems or appealing decisions which affect individual students, in accordance with applicable statutory requirements, and for the resolution of complaints or grievances which may affect the student body.
Code of Conduct
Ref: Americans with Disabilities Act, 42 U.S.C. §12133
Title IX, Education Amendments of 192, 20 U.S.C. Chapter 38; 34 CFR Part 106; 45 CFR Part 86
Rehabilitation Act of 1973, §504, 29 U.S.C. §794; 34 CFR §104
Education Law §3214
Adoption date: 03/19/14
5061 SOCIAL SERVICE TRAINED FACILITY DOGS
The Board of Education supports the use of social service trained facility dogs by teachers or other qualified school personnel (“Owner”) for the benefit of students subject to the conditions of this policy.
A “Social Service Trained Facility Dog” is a dog that has been individually trained and certified to work with its owner to provide emotional support, well-being, comfort or companionship to school district students. For the purposes of this policy, Social Service Trained Facility Dogs are not “service animals” as that term is used in the American with Disabilities Act.
Social service dogs are personal property of the teacher or employee and are not owned by the school district.
SOCIAL SERVICE DOG STANDARDS AND PROCEDURES
The following requirements must be satisfied before a social service dog will be allowed in school buildings or on school grounds.
Any District employee who wishes to bring a social service dog to school must submit a written request to the Superintendent of Schools or his/her designee for review and approval.
TRAINING AND CERTIFICATION
The owner must submit the American Kennel Club’s Canine Good Citizen or Social Service Dog International Certification for Social Service Trained Facility Dogs. The certification must remain current at all times that the social service dog is present in district school buildings. If the dog is in training and not yet certified, the owner must submit a plan for certification including timelines.
HEALTH AND VACCINATION
The social service dog must be clean, well groomed, in good health, housebroken and immunized against diseases common to dogs. The owner must submit proof of current licensure from the local licensing authority and proof of the social service dog’s current vaccinations and immunizations and annual physical from a licensed veterinarian. Records will be kept on file in the district office.
A social service dog must be under the control of the teacher or school employee through the use of a leash or other tether unless the use of a leash or other tether would interfere with the social service dog’s safe, effective performance of its work or tasks.
The social service dog must not disrupt the educational process by barking, seeking attention or engaging in any other disruptive behavior.
HEALTH AND SAFETY
The social service dog must not pose a health and safety risk to any student, employee or other person at school.
SUPERVISION AND CARE OF SOCIAL SERVICE TRAINED FACILITY DOGS
The owner is solely responsible for the supervision and care of the social service dog, including any feeding, exercising and clean up while the social service dog is in a school building or on school property. The school district is not responsible for providing any care, supervision or assistance for a social service dog. Social service dogs are required to have designated “co-handlers” whose role is to assist with the care of the dogs and their integration into the entire school community. Medical and nutritional needs of dogs are the sole responsibility of the owner.
The owner shall only allow the social service dog to be in areas that are authorized by school district administrators.
Each handler shall provide a report to the Assistant Superintendent at the end of the school year listing activities in which the district-sponsored social service dog participated to provide emotional support, well-being, comfort or compassion to school district students or others for crisis-based support.
Employees who own dogs that are part of the district-sponsored program and have received their certification(s) are covered under the provisions of the school district’s general liability insurance. For dogs in training, the employee must submit a copy of an insurance policy that provides liability coverage for the dog while on school property.
EXCLUSION OR REMOVAL FROM SCHOOL
A social service dog may be excluded from school property and buildings if a school administrator determines that:
- a handler does not have control of the social service dog;
- the social service dog is not housebroken;
- the social service dog presents a direct and immediate threat to others in the school; or
- the animal’s presence otherwise interferes with the educational process.
The owner shall be required to remove the social service dog from school premises immediately upon such a determination.
The owner of the animal will be required to move the social service dog to a different location designated by an administrator if any student or school employee assigned to a classroom where a social service dog is permitted has a known allergy or suffers an allergic reaction to the social service dog.
The Board of Education recognizes that regular school attendance is a major component of academic success. Through implementation of this policy, the Board expects to minimize the number of absences, tardiness and early departures (referred to in this policy as “ATEDs”), encourage full attendance by all students, maintain an adequate attendance recordkeeping system, identify patterns of student ATEDs and develop effective intervention strategies to improve school attendance.
To be successful in this endeavor, it is imperative that all members of the school community are aware of this policy, its purpose, procedures and the consequences of non-compliance. To ensure that students, parents, teachers and administrators are notified of and understand this policy, the following procedures will be implemented.
- A plain language summary of this attendance policy will be included in student handbooks and will be reviewed with students at the start of the school year.
- Parents will receive a plain language summary of this policy at the start of the school year, and the policy will be posted electronically.
- When a student is absent, tardy or leaves early from class or school without excuse, a designated staff member to the greatest extent possible will notify the student’s parent(s) by phone of the specific ATED, remind them of the attendance policy and review ATED intervention procedures with them.
- The importance of everyday school attendance will be emphasized at open house. The policy will be explained, and the parent’s responsibility for ensuring their child’s attendance will be emphasized.
- School newsletters, publications and SNNs will include periodic reminders of the components of this policy.
- The district will provide a copy of the attendance policy and any amendments to faculty and staff.
- All faculty and staff will meet at the beginning of each school year to review the attendance policy to clarify individual roles in its implementation.
- The principal and team will monitor student attendance and incorporate interventions to ensure improved attendance.
- The Positive Behavior Interventions and Supports (PBIS) team will design and implement systems to acknowledge a student’s efforts to maintain or improve attendance.
- Copies of this policy will also be made available to any community member, upon request.
- The district will share this policy with local Child Protective Services (CPS) to ensure a common understanding of excused and unexcused ATEDs and to work toward identifying and addressing cases of educational neglect.
Excused and Unexcused Absences
All absences, whether excused or unexcused, result in missed classroom instruction. While every effort should be made to attend school each day, the following are recognized as excused absences. Excused ATEDs are defined as absences, tardiness and early departures from class or school due to personal illness, illness or death in the family, religious observance, quarantine, required court appearances, attendance at health clinics, approved college visits, approved cooperative work programs, military obligations or such other reasons as may be approved by the appropriate building administrator.
All other ATEDs are considered unexcused absences.
All ATEDs must be accounted for. It is the parent’s responsibility to notify the school office. This may be a written or verbal explanation. However, a written explanation and/or medical documentation may be required depending on circumstances.
General Procedures/Data Collection
- Attendance will be taken during each class period and compiled via the student information management system.
- The nature of an ATED shall be coded on a student’s record.
- Student ATED data shall be available to and should be reviewed by the designated school personnel in an expeditious manner.
- Where additional information is received that requires corrections to be made to a student’s attendance records, such correction will be made expeditiously.
- Notice of such a change will be sent to appropriate school personnel subject to applicable confidentiality rules.
- Attendance data will be analyzed periodically to identify patterns or trends in student absences. If patterns emerge, district resources will be targeted to understand and eliminate barriers to attendance.
- Continuous monitoring will be conducted to identify students who are absent, tardy or leave class or school early. A student will be considered chronically absent if he/she misses 10% or more of the school year. Satisfactory attendance is missing five percent or less of school over the course of the year. If a pattern of ATED for an individual student is identified a designated staff person/team will follow up in accordance with this policy.
Consequences of Excessive ATEDs
A designated staff member(s) will contact the student’s parents and the student’s guidance counselor in the event that a student’s record reveals excessive ATEDs, excused and/or unexcused. Excessive ATEDs is defined as 18 or more absent or tardy occurrences throughout the school year. Such staff member(s) shall remind parents of the attendance policy, explain the ramifications of excessive ATEDs, stress the importance of class attendance and discuss appropriate intervention strategies to correct the situation.
Unexcused ATEDs may result in disciplinary action consistent with the district’s code of conduct. Those penalties may include, for example, detention or denial of the privilege of participating in or attending extracurricular events.
In addition, the designated staff member will contact local Child Protective Services (CPS) if they suspect that the child is being educationally neglected. The designated staff member will provide CPS with the information necessary to initiate a report. If other staff members suspect education neglect, they must follow the procedures outlined in Board policy and regulation 5460, Child Abuse in a Domestic Setting, and advise the building administrator.
The Superintendent and/or school administrators shall review building level attendance records and provide a yearly report to the Board of Education.
Code of Conduct
Child Abuse in a Domestic Setting
Ref: Education Law §§1709; 3024; 3025; 3202; 3205-3213; 3225
8 NYCRR §§104.1; 175.6
Social Service Law §34-a
Adoption date: 03/19/2014, 04/20/2016
5140 ENTRANCE AGE
Children who reach their fifth birthday on or before December 1 of the year of matriculation are entitled to attend school and may be admitted to kindergarten. Proof of age must be presented in the form of a birth certificate, baptismal certificate or passport.
A child who has regularly attended and satisfactorily completed a year’s work in a kindergarten which is duly registered with the State Education Department will be enrolled in the first grade.
The Board of Education authorizes the Superintendent of Schools to establish any and all rules, regulations and procedures necessary to implement and maintain this policy.
Ref: Education Law §§709; 1712; 2503; 2514; 2555; 3202; 3205; 3210
Adoption date: 03/19/14
5150 SCHOOL ADMISSIONS
The district shall provide a public education to all persons between the ages of five and twenty-one who have not received a high school diploma and are entitled to attend school. If such persons reside in the district, they may attend without payment of tuition.
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.
Residents who have received a high school diploma and who do not meet any of the above conditions shall be permitted to attend classes in district schools on a seat-available basis.
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:
- Proof of date of birth
- Record of immunizations and a health certificate from a licensed physician
- Proof of residency.
Education Law §§903; 904; 3202; 3208
Public Health Law §2164
Adoption date: 03/19/14
5151 HOMELESS CHILDREN
The Board of Education recognizes its responsibility to identify homeless children within the district, encourage their enrollment and eliminate existing barriers to their education which may exist in district practices. The Board will provide that homeless children attending the district’s schools access to the same free and appropriate public education, including 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 awaiting foster care placement or is a migratory child who qualifies as homeless.
A homeless child has the right to attend school in either the district of origin (i.e., where he/she resided before becoming homeless) the district of current location or a district participating in a regional placement plan.
The Superintendent of Schools shall develop procedures necessary to expedite the homeless child’s access to the designated school. Such procedures shall include:
- 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 records, proof of residency or other documentation and even if there is a dispute with the child’s parents regarding school selection or enrollment. 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.
- Transportation: The district shall provide transportation for homeless students currently residing within the district as required by applicable law.
- 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.
The Superintendent shall also designate a liaison for homeless children and ensure that this person is aware of his or her responsibilities under the law. The liaison’s responsibilities shall include, but not be limited to, ensuring that:
- Parents of homeless children are informed of the educational and related opportunities available to them, including transportation.
- Enrollment disputes involving homeless children are promptly mediated and resolved
- School personnel in coordination with shelters and social service agencies and other appropriate entities identify homeless children, including homeless preschoolers.
- Homeless children receive educational services, including Head Start and preschool services to which they are eligible, as well as referrals to health care and other appropriate services.
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.
Ref: 42 USC §§11431, et seq.
School Enrollment Guidelines on the McKinney-Vento Act, 67 Fed. Reg. 10,697-10,701 (March 8, 2002)
Education Law §§207; 305; 3202; 3205; 3209
Executive Law §§532-b; 532-e
Social Services Law §§17; 62; 397
8 NYCRR §§100.2; 175.6
Adoption date: 03/19/14
5152 ADMISSION OF NON-RESIDENT STUDENTS
The Board of Education affirms that its primary responsibility is to provide the best possible educational opportunities for the children who are legal district residents and who are of legal age to attend school.
However, a non-resident student may be admitted to district schools upon payment to the district of the Board-adopted tuition charge, if and only if, in the judgment of the Superintendent of Schools:
- there is sufficient space to accommodate the non-resident student,
- no increase in the size of faculty or staff will be necessary to accommodate them,
- the non-resident student meets the district’s criteria for admission and
- the admission of such non-resident student is and continues during the enrollment period to be in the best interests of the district.
The enrollment of non-resident students in the district’s schools is designed to maintain continuity in the educational program of the individual student during a given school year without placing a burden on the property taxpayer of the school district. Consequently, the Board authorizes the Superintendent or his/her designee to accept non-resident students upon written request of the parent and/or guardian in the following cases.
In those instances where a family moves out of the district after the close of the third marking period, the children then enrolled in the district shall be entitled to complete the academic year. Also, children of residents who move out of the district after the completion of the junior year may continue on the roll for the senior year tuition free if in good academic standing.
Children of future residents of the district may enroll provided the parents show evidence of a purchase or rental agreement that guarantees residence within five (5) months of the date of admission. Failure to become a resident within this period creates an obligation for tuition payments from the date of admission. In the event that the family does not become a resident by the end of the school year, the student will be dropped from the roll and not readmitted until the family has established residency in the district.
Students who reside in the district with guardians or relatives, persons in parental relation who can provide documentation that a permanent and total transfer of custody and control has been achieved will be considered resident students.
If a minor of school age is placed in a home in the district by a legal agency, a written statement from the proper agency (e.g., Family Court, Social Services Department) must be received before student status is achieved although the minor may attend school until the document is received.
In those instances of hardship where a family may temporarily move out of the district, the Superintendent of Schools or his/her designee, upon written request of the parent or guardian, and in the judgment of the Superintendent regarding a sincere effort on the family’s part to relocate back to the district, may allow a student to remain enrolled in the district for a maximum of twenty (20) school days.
Payment of Tuition
Tuition must be paid in full.
Ref: Education Law §3202(2)
Adoption date: 03/19/14; 11/20/19
5153 STUDENT ASSIGNMENT TO SCHOOLS AND CLASSES
The Board of Education directs that assignment of students to schools and classes be consistent with the best interests of students and the best use of the resources of the district. The Board also recognizes that diversity in school environments has been shown to have a positive impact on student achievement. Such diversity can be on the basis of race, ethnicity, sex and/or gender, religion or religious practice, disability, socioeconomic status, language, neighborhood, academic achievement and/or academic potential. In addition, schools must prepare students for a future in which they interact with people from all backgrounds. While some aspects of student diversity are outside the scope of the Board’s control, the Board aspires to prevent student isolation where possible. This does not, however; prevent the district from placing students into classes based on academic ability when it is in the best interest of those students.
Assignment of students to schools and classes may be based on current district population patterns, enrollment projections, building capacity, educational programs, students’ education needs, transportation requirements, demographic factors such as those listed in the paragraph above and the presence of diversity where possible.
Periodically, the Board will review the status of enrollment in the district’s schools to ensure that the goals of this policy are being met. If the goals are not being met, the Board will solicit input from stakeholders, including but not limited to administrators, teachers, staff, parents and students to assist in determining changes that could be made to the school assignment process that better aligns with this policy.
Assignment to Classes/Teachers
In assigning students to classes/teachers, the following criteria shall be considered: age, social and emotional maturity, demographic characteristics and academic achievement in relation to individual ability, in order to assure appropriate assignments. It is the goal of administration to create classes that can productively learn together.
Final decisions regarding assigning students to schools and classes/teachers rest with the Superintendent.
Adoption date: 10/16/2013
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 with a certified copy of a court order or divorce decree to the contrary.
The Superintendent shall develop procedures to enable parents and guardians to amend the list of persons authorized to obtain the release of their children.
Ref: Education Law §3210(1)(c)
Adoption date: 03/19/14
5182 RELEASED TIME FOR RELIGIOUS INSTRUCTION
The Board of Education recognizes the right of a student to be absent from school for religious observance and/or religious education in accordance with the regulations of the Commissioner of Education. 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. No penalty or hardship shall be imposed upon a student as a result of such absences.
8 NYCRR §109.2
Zorach v Clauson, 343 U.S. 306 (1952)
Adoption date: 03/19/14
5200 CO-CURRICULAR AND EXTRACURRICULAR PROGRAMS
The Board of Education encourages the development of those activities that extend and/or enhance the learning opportunities of the individual in a relevant way. Such activities shall be planned to supplement the experiences available to students through their homes and community.
Interscholastic sports, performing arts and other extracurricular activities shall be considered appropriate when involvement provides relevant educational experiences whose values are in proportion to the time and resources involved. These activities shall be provided for the benefit of the students. Therefore, every effort will be made to select activities that can be carried out solely by students under the guidance and supervision of school staff.
The Board recognizes the value of both competitive and cooperative extracurricular activities because of their potential for developing a sense of good sportsmanship and human understanding within the school community.
Nothing in this policy is intended to discourage planned joint school/community activities.
Equal Educational Opportunities
Intramural Sports Programs
Student Participation in Extracurricular Activities
Eligibility for Extracurricular Activity
Adoption date: 03/19/14
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, if such group submits a list of its members designated as contacts, a copy of its constitution and/or bylaws, and the constitution and bylaws of any off-campus organization with which it may be affiliated. 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 non-curricula related student activities, regardless of religious or political content, shall have the same opportunities as any other such activity to operate on school grounds.
Ref: 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)
Adoption date: 03/19/14
5220 SCHOOL-SPONSORED STUDENT PUBLICATIONS
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. Libelous statements, unfounded charges and accusations, obscenity, false statements, materials advocating racial or religious prejudice, hatred, violence, the breaking of laws and school policies and/or regulations or materials designed to disrupt the educational process will not be permitted. 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. In such cases, the Board reserves the right to edit or delete such student speech which it feels is inconsistent with the district’s basic educational mission.
Students shall have the right to appeal the exercise of pre-publication or pre-production control by district staff to the Board. The Superintendent of Schools shall be responsible for developing regulations to implement this policy. The regulations shall:
- Identify district staff responsible for student publications and productions;
- Establish procedures for pre-publication and/or pre-production review;
- Establish the parameters of speech which is acceptable to express in the context of school-sponsored publications and/or productions; and
- Specify procedures for appeal by students to the Board with provisions for prompt decisions to be made at each level.
Ref: Hazelwood School District v. Kuhlmeier, 484 US 260, 108 S Ct 562, (1988) (limits on student free speech rights in school-sponsored student publications)
Bethel School District v. Fraser, 478 US 675 (1986)
Tinker v. Des Moines Independent Community School Dist., 393 US 503, (1969) (limits on student free speech rights in school setting)
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)
Adoption date: 03/19/14
5251 STUDENT FUNDRAISING ACTIVITIES
Only those organizations granted approval by the Board of Education shall have permission to solicit donations and contributions.
All fundraising activities must be voluntary, and no direct solicitation of students is permitted on school premises during school hours. However, the Board will allow the following forms of indirect solicitation:
- The sale of goods, services or tickets to an event (social, musical, athletic, etc.) where a portion of the funds go to a charitable purpose.
- The Recruitment of students during school hours to participate in fundraising 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. However, school personnel may not act as a conduit and collect funds from students on behalf of a charity for which they recruited.
- The placement of a bin or collection box in a hallway or other common area for the voluntary donation of food, clothing or money.
Additional factors to be considered when granting or denying approval to outside (non-school) organizations wishing to conduct fundraising activities are:
- Whether the group has regional or national recognition.
- Whether the group directs at least (80 percent) of its expenditures to charitable program activities.
- Whether the contributions will benefit district students or residents.
- The number of organizations raising funds for the same purpose at the same time.
Off School Premises
Fundraising projects in which students canvass the public off school grounds, in connection with school events and school-connected fundraising activities, will be kept to an absolute minimum. In all cases, such fundraising shall be confined to the hours between 10:00 AM and dusk. Elementary students are not permitted to solicit funds on a door-to-door basis.
Game uniforms are subject to the approval of the School District.
Cross ref: Public Sales on School Property
Ref: 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
Adoption date: 10/03/12
5270 INTRAMURAL PROGRAMS
Elementary Intramural Sports Program Policy
Recognizing the value of intramural sports as a positive experience for elementary students, the district supports an intramural program which provides an opportunity for participation for all interested students.
Intramural sports at the elementary level shall be operated within the following guidelines:
- All students shall be allowed and encouraged to participate in intramural sports programs.
- No student shall be denied an opportunity to participate solely on the basis of lack of skill.
- Special shows or exhibitions by students involved in intramural sports programs shall be allowed, provided that they are not the primary focus of the regular program activity.
Intramural activities which have as their main basis competition to determine participation in such shows or exhibitions are prohibited.
Adoption date: 03/19/14
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.
Student eligibility for participation on interscholastic teams shall include:
- authorization by the school physician;
- written parent or guardian consent; and
- 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 order to resume participation following injury, the student needs to receive medical clearance. The Superintendent, in consultation with appropriate district staff including the school physician, will develop regulations and procedures to guide the process of return to play.
Cross-ref: Student Health Services
Ref: Education Law §§1709 (8-a); 3001-b
8 NYCRR §135.4
Santa Fe Indep. Sch. Dist. V. Doe, 520 U.S. 290 (2000) (constitutionality of student-led prayers at interscholastic athletic activities)
Adoption date: 05/22/13
5300 STUDENT CONDUCT
The Board of Education is committed to maintaining a school which provides students and staff with productive, satisfying and wholesome learning environments. Essentially, this means that relationships are such that students can learn and teachers can teach.
The Board is also committed to protecting First Amendment freedoms within the school system; however, lawlessness in any form will not be tolerated. The district will not permit students to engage in any conduct intended to destroy personal or school property, disrupt or interfere with teaching, research, service, administrative or disciplinary functions or any district-sponsored or approved activity.
All policies regarding student conduct and discipline shall be uniformly enforced and distributed annually to the students, parents and staff of the district.
Ref: Education Law §§2801; 3214
8 NYCRR §100.2(1)
5300.30 Prohibited Student Conduct
The Board of Education expects all students to conduct themselves in an appropriate and civil manner with proper regard for the rights and welfare of other students, district personnel and other members of the school community and for the care of school facilities and equipment.
The best discipline is self-imposed, and students must learn to assume and accept responsibility for their own behavior, as well as the consequences of their misbehavior. District personnel who interact with students are expected to use disciplinary action only when necessary and to place emphasis on educating students so that they may grow in self-discipline.
The Board recognizes the need to make its expectations for student conduct while on school property or engaged in a school function specific and clear. The rules of conduct listed below are intended to do that and focus on safety and respect for the rights and property of others. Students who will not accept responsibility for their own behavior and who violate these school rules will be required to accept the consequences for their conduct.
Students may be subject to disciplinary action, up to and including suspension from school, when they:
- Engage in conduct that is disorderly. Examples of disorderly conduct include, but are not limited to:
- Running in hallways.
- Making unreasonable noise.
- Using language or gestures which are profane, lewd, vulgar or abusive.
- Obstructing vehicular or pedestrian traffic.
- Engaging in any willful act which disrupts the normal operation of the school community.
- Trespassing. Students are not permitted in any school building, other than the one they regularly attend, without permission from the administrator in charge of the building.
- Computer/electronic communications misuse, including any unauthorized use of computers, software, or internet/intranet account; accessing inappropriate websites; or any other violation of the district’s acceptable use policy.
- Engage in conduct that is insubordinate. Examples of insubordinate conduct include, but are not limited to:
- Failing to comply with the reasonable directions of teachers, school administrators or other school employees in charge of students or otherwise demonstrating disrespect.
- Lateness for, missing or leaving school without permission.
- Skipping detention
- Engage in conduct that is disruptive. Examples of disruptive conduct include, but are not limited to:
- Failing to comply with the reasonable directions of teachers, school administrators or other school personnel in charge of students.
- Inappropriate public sexual contact.
- Display or use of personal electronic devices, such as, but not limited to, cell phones, I-pods, digital cameras, in a manner that is in violation of district policy.
- Engage in conduct that is violent. Examples of violent conduct include, but are not limited to:
- Committing an act of violence (such as hitting, kicking, punching, and scratching) upon a teacher, administrator or other school employee or attempting to do so.
- Committing an act of violence (such as hitting, kicking, punching, and scratching) upon another student or any other person lawfully on school property or attempting to do so.
- Possessing a weapon. Authorized law enforcement officials are the only persons permitted to have a weapon in their possession while on school property or at a school function.
- Displaying what appears to be a weapon.
- Threatening to use any weapon.
- Intentionally damaging or destroying the personal property of a student, teacher, administrator, other district employee or any person lawfully on school property, including graffiti or arson.
- Intentionally damaging or destroying school district property.
- Engage in any conduct that endangers the safety, physical or mental health or welfare of others. Examples of such conduct include, but are not limited to:
- Subjecting other students, school personnel or any other person lawfully on school property or attending a school function to danger by recklessly engaging in conduct which creates a substantial risk of physical injury.
- Stealing or attempting to steal the property of other students, school personnel or any other person lawfully on school property or attending a school function.
- Defamation which includes making false or unprivileged statements or representations about an individual or identifiable group of individuals that harm the reputation of the person or the identifiable group by demeaning them.
- Discrimination, which includes using race, color, creed, national origin, ethnic group, religion, religious practice, sex, gender (identity and expression), sexual orientation, weight or disability to deny rights, equitable treatment or access to facilities available to others.
- Harassment (or Bullying), is the creation of a hostile environment by conduct or threats, intimidation or abuse. (See policy, 0115, Student Harassment and
- Bullying Prevention and Intervention for a more complete definition.)
- Intimidation, which includes engaging in actions or statements that put an individual in fear of bodily harm.
- Hazing which includes an induction, initiation or membership process involving harassment (see policy 0115 for a more complete definition).
- Selling, using, distributing or possessing obscene material.
- Using vulgar or abusive language, cursing or swearing.
- Smoking a cigarette, cigar, pipe or using chewing or smokeless tobacco.
- Possessing, consuming, selling, offering manufacturing, distributing or exchanging alcoholic beverages or illegal substances, or being under the influence of either. “Illegal substances” include, but are not limited to, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any synthetic version thereof, whether specifically illegal or not, commonly referred to as “designer drugs” which are substances designed and synthesized to mimic the intended effects and usages of, which are chemically substantially similar to, illegal drugs, which may or may not be labeled for human consumption.
- Inappropriately using or sharing prescription and over-the-counter drugs.
- Indecent exposure, that is, exposure to sight of the private parts of the body in a lewd or indecent manner.
- Initiating a report warning of fire or other catastrophe without valid cause, misuse of 911, or discharging a fire extinguisher.
- Engage in misconduct while on a school bus. It is crucial for students to behave appropriately while riding on district buses, to ensure their safety and that of other passengers and to avoid distracting the bus driver. Students are required to conduct themselves on the bus in a manner consistent with established standards for classroom behavior. Excessive noise, pushing, shoving and fighting will not be tolerated.
- Engage in any form of academic misconduct. Examples of academic misconduct include, but are not limited to:
- Altering records
- Assisting another student in any of the above actions.
- Engage in off-campus misconduct that interferes with, or can reasonably be expected to substantially disrupt the educational process in the school or a school function. Such misconduct includes, but isn’t limited to, threatening or harassing students or school personnel through any means off-campus, including cyberbullying (for a complete definition of harassment, bullying and cyberbullying refer to policy 0115, Student Harassment and Bullying Prevention and Intervention).
Adoption date: 11/07/12
5300.55 Corporal Punishment
Corporal punishment is any act of physical force upon a student for the purpose of punishing that student. Corporal punishment of any student by any district employee is strictly forbidden.
However, in situations where alternative procedures and methods that do not involve the use of physical force cannot reasonably be used, reasonable physical force may be used to:
- Protect oneself, another student, teacher or any person from physical injury.
- Protect the property of the school or others.
- Restrain or remove a student whose behavior interferes with the orderly exercise and performance of school district functions, powers and duties if that student has refused to refrain from further disruptive acts.
The district will file all complaints about the use of corporal punishment with the Commissioner of Education in accordance with Commissioner’s regulations.
Ref: 8 NYCRR §§ 19.5(a)-(c); 100.2(1)(3)(i)
Adoption date: 06/17/15
5300.65 VISITORS TO THE SCHOOLS
The Board encourages parents and other district citizens to visit the district’s schools and classrooms to observe the work of students, teachers and other staff. Since schools are a place of work and learning, certain limits must be set for such visits. The Principal or designee is responsible for all persons in the building and on the grounds. For these reasons, the following rules apply to visitors to the schools:
- Anyone who is not a regular staff member or student of the school will be considered a visitor.
- All visitors to the school must report to the office/receptionist upon arrival at the school. There they will be required to sign the visitor’s register and will be issued a visitor’s identification badge that must be worn at all times while in the school or on the grounds. The visitor must return the identification badge to the Principal’s office before leaving the building.
- Visitors attending school functions that are open to the public, such as parent-teacher organization meetings or public gatherings, are not required to register.
- Parents or citizens who wish to observe a classroom while school is in session are required to arrange such visits in advance with the classroom teacher and school administrator in order to keep class disruption to a minimum.
- Teachers are not expected to take class time to discuss individual matters with visitors.
- Any unauthorized person on school property will be reported to the Principal or designee. Unauthorized persons will be asked to leave. The police may be called if the situation warrants.
- All visitors are expected to abide by the rules for public conduct on school property contained in this code of conduct.
5310 STUDENT PARTICIPATION IN EXTRACURRICULAR ACTIVITIES
The Cohoes City School District is committed to offering students a variety of extracurricular activities in the hope that they will experience the wholesome benefits of diversity of involvement. Toward that end, it is our policy to encourage students to participate in a wide range of clubs, athletics, arts, community service projects, and other opportunities educators may facilitate.
It is recognized, however, that there may be valid obstacles and a risk of over-involvement as students try to balance activities, academics, and family. It is expected that appropriate staff and advisors remain sensitive to such issues, providing support to students as they attempt to responsibly manage their time.
When students hold interests in activities where scheduling conflicts may occur, it is expected that staff will communicate directly and cooperatively with each other and with the students involved to explore ways to allow for student involvement. Expectations by both the coach and the extra curricular advisor will be communicated to students in a timely and positive manner. An example might be a student athlete who is also participating in the school play. The play advisor and coach would be expected to directly communicate as early as possible and explain their understandings to the student and to each other in a supportive manner. Another example is a student who is involved in two or more extracurricular activities.
With respect to athletics, the Board of Education respects the dedication and commitment from athletes and coaches alike. In keeping with our district’s character education initiative it is expected that respect prevail. For example, in baseball season, coaches involved with winter and fall sports would not pressure members of the baseball team into workouts for those seasons. Coaches therefore are prohibited from mandating activities beyond their timeframe allowed by New York State Public High School Athletic Association, Section 2 or the Colonial Council. The sports season currently in effect will be respected and supported.
The Board appreciates the deep commitment of our coaches, advisors, and volunteers who so generously give their time and talents for the benefit of our students. Whether on the stage, playing field or in the classroom, our students are enriched by those experiences in ways we can only begin to appreciate.
Cross-ref: Co-curricular and Extracurricular Programs
Adoption date: 03/19/14
5320 ELIGIBILITY FOR EXTRACURRICULAR ACTIVITIES
The Board of Education has the authority to establish reasonable standards as prerequisites for eligibility for co-curricular and extracurricular activities. These standards apply to entry qualifications as well as to continued participation in such activities. Advisors/Coaches must disseminate a copy of the expected standards of conduct to all students and parents at the start of each school year, and participating students should be individually informed of the application and scope of such standards.
Eligibility requirements should include academic standards, behavioral standards, and training standards. These standards should be applied equally to all student participants. All student participants, including athletes, should be informed that they have the obligation to act in a responsible manner because of the leadership roles they play in the school environment.
Advisors/coaches must specify minimum school attendance requirements, and the minimum grade point average (GPA) they expect student participants to maintain. All such standards must be reasonable. The relationship between a student’s GPA and his/her eligibility must be clearly explained to all student participants.
Behavioral standards must include a ban on consumption/use of alcoholic beverages, drugs and/or tobacco products. These standards also extend to student conduct off school grounds, including student attendance at parties off school grounds where alcohol and/or illegal drugs are present.
“Training rules” are generally accepted as a condition of participation in student athletics, and may include attendance at practices, individual training programs, etc.
Although suspension from participation in an extracurricular activity does not require a full hearing pursuant to Section 3214 of the Education Law, a student must be given the opportunity to appear informally before the disciplinarian and/or disciplinary committee, and present his/her side of the story as part of a general discussion of the conduct under review.
Ref: Education Law §§1709(3); 2801
Bush v. Dassel-Cokato Board of Ed., 745 F.Supp. 562 (D. Minn. 1990)
Mazzotte v. Moriah Central School Board, N.Y. Supreme Court (Special Term 1984)
Matter of O’Conner v. Bd. of Ed., 65 Misc.2d 40, 316 NY2d 799 (1970)
Matter of Wilson, 28 EDR 254 (1988)
Matter of Keily, 24 EDR 138 (1984)
Matter of Miller, 23 EDR 23 (1983)
Matter of Moore, 22 EDR 180 (1982)
Matter of Clark, 21 EDR 542 (1982)
Adoption date: 03/19/14
5400 STUDENT WELFARE
Student welfare is the central priority of the Board of Education. The Board recognizes that the school district has a responsibility to ensure the safety and security of the students in its care. The Board is dedicated to the promotion of student welfare through medical services, psychological services, social services and support services.
It is the responsibility of all personnel to protect the health, safety and morale of all students while in attendance at the district schools or school-sponsored activities. When evidence is presented to or identified by school personnel indicating that the health, safety or morale of any student is jeopardized, this information will be reported to the appropriate administrator. The administrator will be responsible for investigating the report and remedying the situation.
Adoption date: 03/19/14
Given the documented connection between proper nutrition, adequate physical activity and educational success, the Board of Education adopts the following goals and authorizes the following actions to provide district students with a school environment that promotes student health and wellness and reduces childhood obesity.
Foods and Beverages Available in School
The Board recognizes that a nutritious, well-balanced, reasonably- portioned diet is essential for student wellness. To help students possess the knowledge and skills necessary to make nutritious food choices for a lifetime, the district shall ensure that all foods and beverages available in school promote good nutrition, balance and reasonable portion sizes. The district shall ensure that reimbursable school meals meet or exceed the program requirements and nutrition standards found in federal regulations.
To accomplish this, the Board directs that the district serve healthy and appealing foods and beverages at district schools, following state and federal nutrition guidelines, as well as safe food preparation methods.
- Promote fresh fruits, vegetables, salads, whole grains and low fat items
- Encourage students to try new or unfamiliar items
- Make efforts to ensure that families are aware of need-based programs for free or reduced-price meals and encourage eligible families to apply
- Consider serving produce and food from local farms and suppliers
- Make free drinking water available at locations where meals are served
- Provide adequate time to eat
- Schedule lunchtime between normal lunch hours
Foods and Beverages Sold Individually (a la carte and vending)
- Promote items that are healthy, fresh, natural and less processed
- Discourage items high in sugar, fat and that are highly processed
- Work with existing vendors or locate new vendors that will comply with the district’s objectives
Fund Raising Activities
- Promote healthy food items or non-food items to sell or activities (physical or otherwise) to do
- Discourage sales of candy and other “junk food”
- Fund raising activities resulting in food consumption during the school day shall conform with smart snack standards
- Set guidelines for the frequency and content of classroom and school-wide celebrations where food is served
- Increase healthy food items or non-food activities and reduce “junk food” and/or less-healthy food at celebrations
- Model the healthy use of food as a natural part of celebrations
- Review annually, the safe snacks list–all elementary classrooms in the district shall be required to comply with this list for all shared snack celebrations
Physical activity is an important factor in staying healthy and being ready to learn. The Board encourages every student to develop the knowledge and skills necessary to perform a variety of physical activities, to regularly participate in physical activity and to appreciate and enjoy physical activity as an ongoing part of a healthy lifestyle. In addition, staff, families and community are encouraged to participate in and model physical activity as a valuable part of daily life. The district’s Physical Education program shall adhere to the curricular requirements of the Commissioner of Education and the New York State Learning Standards.
- Students shall engage in physical education (equivalent program) for at least the minimum number of hours or days per week under State requirements.
- Physical Education classes shall incorporate the appropriate NYS Learning Standards.
- Promote, teach and provide opportunities to practice activities that students enjoy and can pursue throughout their lives (e.g., yoga, fitness walking, step aerobics).
- The performance of physical activity shall not be used as a form of discipline or punishment.
- Maintain daily allotment of recess time for elementary school
- Recess shall not be used for punishment or reward
- Consider scheduling recess before lunch
- If the district is under severe time or space constraints, consider combining recess and Physical Education, though such activity must comply with the requirements for Physical Education under Commissioner’s Regulations Section 135.4
Physical Activity in the Classroom
- Promote the integration of physical activity in the classroom
- If the district is under severe time or space constraints, consider meeting the state requirements for Physical Education through collaborative and integrative in-classroom activity, under the supervision of a Physical Education teacher.
Nutrition Promotion and Education
The Board believes that nutrition promotion and education is a key component in introducing and reinforcing healthy behaviors in students. Nutrition promotion and education that teaches knowledge, skills and values needed to adopt healthy eating behaviors shall be integrated into the curriculum. Nutrition promotion and education information shall be offered throughout the school campus including, but not limited to, school dining areas and classrooms. Staff members who provide nutrition promotion and education shall be appropriately certified and trained. The district’s broader Health Education program shall incorporate the appropriate New York State Learning Standards.
- Include nutrition education as part of not only health education classes, but also classroom instruction in subjects such as math, science, language arts, social sciences and elective subjects
- Include enjoyable, developmentally appropriate, culturally relevant, participatory activities, such as contests, promotions, taste testing, farm visits and school gardens
- Promote fruits, vegetables, whole grain products, low fat dairy products, safe and healthy food preparation methods and health enhancing nutrition practices
- Emphasize caloric balance between food intake and energy expenditure
- Teach media literacy with an emphasis on food marketing
Other School-Based Activities
The district may implement other appropriate programs that help create a school environment that conveys consistent wellness messages and is conducive to healthy eating and physical activity. Such activities may include, but are not limited to, health forums or fairs, health newsletters, parent outreach, employee health and wellness activities, limiting the use of food as a reward, reviewing food marketing and advertising in school, hosting or promoting community-wide events and offering wellness-related courses in the district’s adult education program.
The Superintendent or his designee shall be responsible for ensuring that the provisions of this policy are carried out throughout the district. The Board also designates each building principal to ensure that the wellness activities and actions are being implemented at the building level.
Monitoring and Review
The Superintendent or designee shall develop reports annually to the Board and the public on the implementation and effectiveness of this policy. Every year, the Superintendent or designee, in consultation with appropriate personnel and advisory committees, shall monitor and review the district’s wellness activities to determine whether this policy is having a positive effect on increasing student wellness and decreasing childhood obesity in the district. Based on those results, this policy and the specific objectives set to meet its goals may be revised as needed.
Parents, students, food service professionals, physical education teachers, school health professionals, school administrators and the school board shall participate in the development, implementation and periodic review and update of this wellness policy.
The district shall provide information to the public (including parents, students and others in the community) about the content and implementation of this wellness policy.
The district shall monitor and review the implementation and effectiveness of this policy by conducting:
- Periodic informal surveys of Building Principals, classroom staff and school health personnel to see the progress of wellness activities and their effects
- Periodic checks of the nutritional content of food offered in the cafeterias for meals and a la carte items and sales or consumption figures for such foods
- Periodic checks of the nutritional content of food available in vending machines and sales or consumption figures for such foods
- Periodic checks of the amount of time students spend in physical education classes and the nature of those activities
- Periodic checks of extracurricular activities of a physical nature, the number of offerings and rates of participation by students
- Periodic checks of student mastery of the nutrition education curriculum
- Periodic completion of relevant portions of the CDC School Health Index
- Periodic review of data currently collected by the district, including:
- attendance data, particularly absences due to illness
- test scores
- rates of suspension, discipline and violent incidents
- physical education scores on flexibility, endurance and strength (i.e., fitness test results)
- student BMI (Body Mass Index) statistics, as collected in accordance with the State Department of Health efforts
- revenue generated from vending machines and a la carte food items
- Periodic surveys of student/parent opinions of cafeteria offerings and wellness efforts
- Periodic review of professional staff development offered which focuses on student wellness
- Use NYSSBA’s Student Wellness Assessment Checklist annually to review the effectiveness of this policy
Ref: P.L. 111-296 (The Healthy, Hunger-Free Kids Act of 2010)
P.L. 108-265 (Child Nutrition and WIC Reauthorization Act of 2004)
42 USC §§1758(f)(1); 1766(a) (Richard B. Russell National School Lunch Act)
42 USC §1779 (Child Nutrition Act)
7 CFR §210.10; 210.11 (National School Lunch Program participation requirements – standards for lunches, snacks and competitive foods)
7 CFR §220.8 (School Breakfast Program participation requirements – nutrition standards)
8 NYCRR Part 135 (Health and Physical Education curricular requirements); §114.1 (School Breakfast Program Requirements)
Appeal of Phillips, 37 EDR 204 (1997) (dec. no. 13,843)
Appeal of Williams, 32 EDR 621 (1993) (dec. no. 12,934)
Adoption date: June 18, 2014; Reviewed 10/12/17 Audit Committee
5420 STUDENT HEALTH SERVICES
The Board of Education recognizes that good student health is vital to successful learning and acknowledges 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 screening. Problems 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 submit a health certificate within 30 calendar days after entering school and upon entering second, fourth, seventh and tenth 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 provide a physical examination by a licensed provider. 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 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.
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.
In addition, students will be asked 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.
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 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 auto-injectors for non-patient specific use. The district shall ensure that designated staff are properly trained.
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 nurse.
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 a 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 a physician.
Before any medication may be administered to or by any student during school hours, the Board requires:
- 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;
- the written order of the prescribing 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 and the period for which medication is prescribed and the possible side effects of the medication; and
- 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 the 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 student to use sunscreen.
Permission slips and medical orders shall be kept on file in the office of the school nurse.
In addition, in accordance with Education Law 919, the district shall make a nebulizer available on-site in school buildings where nursing services are provided. Students with a patient-specific order, who require inhaled medications, shall have access to the nebulizer. The district will ensure that it is maintained in working order.
The school stocks albuterol in liquid form for students who are in need of emergency dosing when their personal prescription is empty. The district will develop procedures in collaboration with school health personnel that is approved by the district medical director and the Board of Education.
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, their 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 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 to be charged with developing an individual health care plan. The plan will be maintained by the school nurse. The plan 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 to support the fulfillment of staff responsibilities regarding student health services will be provided as part of the district’s ongoing professional development plan and in conformity with Commissioner’s regulations.
The Superintendent 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 shall also develop protocols, in consultation with the school physician and other appropriate district staff, for the management of injury with particular attention to concussion.
Programs for Students with Disabilities
Students with Disabilities and Section 504
Education Law §§310 (provisions for appeal of child denied school entrance for failure to comply with immunization requirements); 901 et seq. (medical, dental and health services, BMI reporting); 919 (provide and maintain nebulizers); 6909 (emergency treatment of anaphylaxis)
Public Health Law §§613 (annual survey); 2164 (immunization requirements)
8 NYCRR § 64.7 (administration of agents to treat anaphylaxis); § 135.4 (Physical Education); Part 136 (school health services program)
10 NYCR Part 66-1 (immunization requirements)
Guidelines for Medication Management in Schools, State Education Department, December 2017
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
New Policy for Stocking Albuterol Metered Dose Inhalers (MDIs), State Education Department, August 2011
Adoption date: 11/07/12; 02/04/15 Revised & Adopted; 11/20/19
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. Consistent with its duty to protect students under its care, the district shall cooperate with local law enforcement agencies in this endeavor.
Any information provided by local law enforcement officials pursuant to Megan’s Law shall be posted in an appropriate location in all school buildings. In addition, the Superintendent of Schools shall ensure the dissemination of any such information to all staff which might come into contact with the offender in the course of doing their jobs, including building principals, staff who issue visitors’ passes, bus drivers, custodians, playground monitors, security personnel and coaches. All other staff members and community residents shall be informed of the posting requirement for such information established by this policy and of the availability of the information, upon request. Community residents shall also be reminded of the security measures and personal safety instruction provided at school. All staff requests for information provided by the law enforcement agencies shall directed to the Building Principal. Requests for information from community residents shall be directed to the District Clerk.
The Superintendent shall establish any necessary regulations for implementing this policy with the advice of the school attorney.
This policy shall be disseminated at least once a year to all district residents.
Ref: 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)
Adoption date: 03/19/14
5460 SUSPECTED CHILD ABUSE AND MALTREATMENT
The Board of Education recognizes that because of their sustained contact with school-aged children, employees are in an excellent position to identify abused or maltreated 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, 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 or any school personnel required to hold a teaching, 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 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 and officials may 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 employee 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 employees and other persons who report instances of child abuse immunity in good faith from any liability that might otherwise be incurred.
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.
School District Relationship with Local Social Service District
The district will cooperate to the extent possible with authorized child protective services workers in investigations of alleged child abuse. The Superintendent or 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 education neglect).
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 district employees who come in contact with students. 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 personnel 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.
A copy of this policy, along with the administrative regulations explaining the reporting requirements, shall be distributed to all members of the professional staff.
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.
Ref: 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 §§409-1; 3209-a, 3036
Penal Law 240.50
8 NYCRR §100.2(nn)
Adoption date: 03/19/14, 11/15/17
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 record. The procedures for ensuring these rights will 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 the orderly retention and disposition of the district’s student records in accordance with Board Policy 1120.
The district will use reasonable methods to provide access to student educational 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 is responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the district.
Authorized Representative is 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 means those 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:
- records in the sole possession of the individual who made it and not accessible or revealed to any other person except a substitute (e.g. memory joggers)
- records of the district’s law enforcement unit and
- grades on peer-graded papers before they are collected and recorded by a teacher.
Eligible Student is 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 they need to review a student’s record in order to fulfill their professional responsibilities.
Personally Identifiable Information (PII) as it pertains to students, is 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, parents’ name and/or address, a biometric record, etc. This term is fully defined in federal regulations at 34 CFR 99.3.
School Official is a person who has a legitimate education 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 attorney, auditor, medical consultant or therapist) or a parent or student serving on an official committee, such as disciplinary or grievance committee or assisting another school official performing their tasks. The district prohibits volunteers from accessing student information. The district expects that if volunteers discover any information about students in the course of their volunteer duties, they will not re-disclose such information to anyone other than a school official with a legitimate educational interest.
Third Party Contractor is any person or entity other than an educational agency (which includes schools, school districts, BOCES or the state education Department) that receives student or teacher/principal PII 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 for or on behalf of such educational agency or audit or evaluation of publicly funded programs. This includes educational partnership organizations that receive student or teacher/principal PII from a school district to carry out responsibilities under Education Law §211-e (for persistently lowest-achieving schools or schools under registration review) and is not an educational agency. This also includes not-for-profit corporations or other nonprofit organizations other than an educational agency.
At the beginning of each school year, the district will 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. The notice and Bill of Rights may be published in a handbook or other school bulletin or publication. The 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:
- inspect and review the student’s education records;
- request that records be amended to ensure that they are not inaccurate, misleading or otherwise in violation of the student’s privacy rights;
- 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
- file a complaint with the US Department of Education alleging failure of the district to comply with FERPA and its regulations and/or file a complaint regarding a possible data breach by a third party contractor with the district and/or the NYS 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:
- 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.
- 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.
- that personally identifiable information will be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes.
- that the district, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised their right to prohibit release of the information without prior written consent. The district will not sell directory information.
- 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 their right to prohibit release of the information without prior written consent.
- of the procedure for exercising the right to inspect, review and request amendment of student records.
- 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. For a complete list of exceptions to FERPA’s prior consent requirements see accompanying regulation 5500-R, Section 5.
The district will 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 their right to opt out of the release of information to the military, the district is required to, under federal law, release the information indicated in number five above.
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:
- 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
- email address
- enrollment status
Information about a homeless student’s living situation will be treated as a student educational record and will 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 will take reasonable measures to provide homeless students with information on educational, employment or other postsecondary opportunities and other beneficial activities. Social security numbers or other personally identifiable information will not be considered directory information.
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 they have to any of the directory information designations. If no objection is received, the district may release this information without prior approval of the parent/guardian or student for the release. 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.
1120, School District Records
4321, Programs for Students with Disabilities Under IDEA and Part 89
4532, School Volunteers
5550, Student Privacy
5151, Homeless Children
8635, Information and Data Security, Breach and Notification
Family Educational Rights and Privacy Act, as amended, 20 USC 1232g; 34 CFR Part 99
No Child Left Behind Act, 20 USC §7908 (Military Recruiter Access)
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 (Local Government Records Law)
8 NYCRR Part 121 (Data Privacy)
8 NYCRR §185.12 (Appendix I) Records Retention and Disposition, Schedule LGS-1 for Use by School Districts and BOCES
Adoption Date: 07/01/20, 11/04/20
5520 EXTRA-CLASSROOM ACTIVITIES FUNDS MANAGEMENT
An extra-classroom activity fund shall be established for activities conducted by students whose financial support is raised other than by taxation or through charges of the Board of Education.
All extra-classroom activities shall be approved by the Board of Education. The Building Principal shall maintain an up-to-date register of all extra-classroom activities that are approved or discontinued. Each extra-classroom activity shall have a faculty advisor appointed by the Building Principal. A Central Treasurer and a Faculty Advisor shall oversee all financial aspects of extra-classroom activities. An audit of all accounts will be made annually by the independent/external auditor.
All extra-classroom activity funds shall be handled in accordance with the financial procedures illustrated by the Finance Pamphlet No. 2, the Safeguarding, Accounting & Auditing of Extraclassroom Activity Funds, published by the NYS Education Department. All commitments and contracts shall be the sole responsibility of the extra-classroom activity club giving rise to the transaction, regardless of a change in advisors, membership or officers.
Proper books shall be kept and all monies shall be deposited in appropriate accounts as authorized by the Board of Education. All monies shall be stored in the building safe. Funds shall be deposited on a weekly basis. These accounts shall be subject to audit. All transactions involving extra classroom funds shall be on a cash basis and no accounts shall remain unpaid at the end of the school year. Funds shall be invested in accordance with the Board of Education’s Fiscal Management policy.
The extra classroom activities of the District are not included in the exemption granted to the School District from New York State sales tax. Without exception, clubs & activities are prohibited from using the school’s tax exemption. The Activities Central Treasurer shall be responsible for filing the periodic sales tax returns for the extra-classroom funds.
Funds of discontinued extra-classroom activities, those inactive for one (1) year or more shall revert to student council and shall be expended in accordance with the organization’s constitution.
Adoption Date: 10/17/2012
5550 STUDENT PRIVACY
The Board of Education recognizes that student surveys are a valuable tool in determining student needs for educational services. Parents have the right to inspect all instructional material that will be used for a survey, analysis, or evaluation as part of a U.S. Department of Education (DOE) funded program. In addition, no minor student may, without parental consent, take part in a survey, analysis or evaluation funded in whole or in part by the U.S. DOE Education that reveals information concerning:
- Political affiliations or beliefs of the student or the student’s parent
- Mental or psychological problems of the student or the student’s family
- Sex behavior or attitudes
- Illegal, anti-social, self-incriminating or demeaning behavior
- Critical appraisals of other individuals with whom respondents have close family relationships
- Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers
- Religious practices, affiliations or beliefs of the student or the student’s parent
- Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
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 to within 30 calendar days after the request has been received.
It is the policy of the Board not to permit the collection, disclosure, or use of personal information collected 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 personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services as permitted by law.
In the event of such collection, disclosure or use of personal information gathered from students, student privacy shall be protected by the school district pursuant to the requirements of FERPA.
Parent/guardians have the right to submit a written statement to opt their child out of participation in the following activities:
- The collection, disclosure and use of personal information gathered from students for the purpose of marketing or selling that information, or providing it to others for that purpose. Upon request, parents/guardians have the right to inspect any such instrument before it is administered or distributed to their child. This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to students or educational institutions, such as:
- College or other postsecondary education recruitment, or military recruitment
- Book clubs, magazines and programs providing access to low-cost literary products
- Curriculum and instructional materials used in school
- 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
- Student recognition programs
- The sale by students of products or services to raise funds for school-related activities.
In the event of such collection, disclosure or use of personal information gathered from students, student privacy shall be protected by the school district pursuant to the requirements of FERPA.
- The administration of any survey revealing information concerning one or more of the following:
- political affiliations or beliefs of the student or the student’s parent
- mental or psychological problems of the student or the student’s family
- sex behavior or attitudes
- illegal, anti-social, self-incriminating or demeaning behavior
- critical appraisals of other individuals with whom respondents have close family relationships
- legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
- religious practices, affiliations or beliefs of the student or the student’s parent; or
- income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
Parents/guardians and eligible students, shall also have the right to inspect, upon their request, a survey created by a party other than the U.S. DOE before the survey is administered or distributed by a school to a student. Such requests must be submitted, in writing, to the Building Principal with a response to be at least two weeks in advance of any survey to be given.
- 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.
Parents/guardians and eligible students shall be notified at least annually, at the beginning of the school year and when enrolling students for the first time in district schools of this policy. The school district shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.
Student Health Services
20 USC §1232h (No Child Left Behind Act)
34 CFR Part 98
Education Law §903
Adoption date: 03/19/14
5605 VOTER REGISTRATION FOR STUDENTS
The Board of Education believes that getting young people involved in the election process helps to secure the future of democracy by preparing young people to be educated, engaged voters who have formed the habit of voting and contributing to civic life early.
In an effort to promote student voter registration, the Board directs the Superintendent to offer all students who are at least 16 years old (but will not be 18 years by the next election) the opportunity to register. These students must be otherwise qualified to register to vote. These pre-registrations will be automatically registered upon reaching the age of eligibility following verification of the person’s qualifications and address.
Students who do not wish to pre-register to vote do not have to do so. There will be no penalty (including participation grades or credits) for choosing not to do so.
Ref: Election Law § 5-507
Adoption Date: 11/20/19
5695 STUDENT USE OF PERSONAL TECHNOLOGY BRING YOUR OWN DEVICE (BYOD)
The Board of Education seeks to maintain a safe and secure environment for students and staff. Advances in technology have made it possible to expand the learning environment beyond traditional classroom boundaries. Using personal electronic devices during instructional time enables students to explore new concepts, personalize their learning experience and expand their global learning opportunities. Additionally, the use of personal technology devices is everywhere in today’s society, and standards for students’ use during non-instructional time should adapt to this change. This policy defines the use of personal technology during instruction and non-instructional times and reinforces the standard that all use, regardless of its purpose, must follow the guidelines as outlined in the Board of Education’s policies, particularly the student Acceptable Use Agreement and the Cohoes City School District’s Student Code of Conduct.
For the purpose of Bring Your Own Device (BYOD), the word “device” means a privately owned wireless and/or portable electronic handheld equipment including, but not limited to, the following: existing and emerging mobile communication systems and smart technologies such as phones, SMART phones, iPhones and iPods, portable internet devices, MP3 players, laptops, iPads, tablets, SMART watches, Kindle, Nook, netbooks and portable storage devices as well as any device with similar capabilities. Personal technology includes all existing and emerging technology devices that can take photographs, record or play audio or video, input text, upload and download media, connect to or receive information from the internet and transmit or receive messages, telephone calls or images.
The district offers a filtered public Wi-Fi in all schools. Only the filtered internet gateway provided by the district may be accessed while on campus. Any attempt to bypass the district’s filtered internet may be grounds for discipline.
Security and Damages
Responsibility to keep the device secure rests with the individual owner. The district is not liable for any device stolen or damaged on campus. If a device is stolen or damaged, it will be handled through the administrative offices similar to how other personal artifacts might be impacted in similar situations. Students are instructed to only use their own personal devices and refrain from using the devices of others.
The district shall not be liable for the loss, damage, misuse or theft of any personal technology devices brought to school. The district reserves the right to monitor, inspect and/or confiscate personal technology devices when administration has reasonable suspicion to believe that a violation of school policy or criminal law has occurred. Users operate with no expectation of privacy using district internet access.
Students will not be permitted to use personal technology devices in school or at school functions until they have reviewed the Acceptable Use Agreement, applicable sections of the district’s Code of Conduct and associated technology guidelines and have signed the Acceptable Use Agreement with their parents or guardians. Students without signed Acceptable Use Agreements on record will not be permitted to use their device in the classroom.
Students must follow the guidelines for use according to the district’s Code of Conduct and the Acceptable Use Agreement at all times. All users of the district’s computer network and the filtered internet must understand that use is a privilege, not a right, and requires ethical responsibility. The district reserves the right to control access to the online activity and access to specific websites. Users shall not have any expectation of privacy in accessing the computer network. Students may not use any device to record, transmit or post photographic images or video of a person or person(s) on campus during school hours/activities, unless authorized by a teacher for a legitimate school purpose.
When respected, technology is an educational material that benefits the learning environment as a whole. Consequences for its misuse will follow guidelines according to the district’s Code of Conduct. It is unacceptable to use any device to disrupt the educational process. Furthermore, devices may not be used to cheat on assignments, quizzes or tests. The district reserves the right to inspect a personal device if there is reason to believe a violation of the Code of Conduct has occurred.
Instructional purposes include, but are not limited to, approved classroom activities, research, college admissions activities, career development, communications with experts, homework and other activities as deemed appropriate by school staff. Personal technology use by students is permitted during the school day if authorized by school staff for educational purposes and/or in approved locations only. Each teacher has the discretion to allow and regulate the use of personal devices in the classroom and on specific projects. Students are expected to act ethically, responsibly and thoughtfully when using technology resources. Students bear the burden of responsibility to inquire with school staff, administrators and/or teachers when they are unsure of the permissibility of a particular use of technology prior to engaging in such use. Teachers or staff members will indicate when and if classroom use is acceptable.
Appropriate use of personal technology during the non-instructional time is also allowed if students follow the guidelines in the Acceptable Use Agreement and Code of Conduct. Non-instructional use includes texting, calling and otherwise communicating with others during free periods and in common areas of the school building such as hallways, cafeteria, student lounges and buses. Other non-instructional uses may include such things as internet searches, reading, listening to music and watching videos.
The use during non-instructional time must be conducted in a safe and unobtrusive manner. Devices must be in silent mode to avoid disrupting others.
Prohibition During State Assessments
All students are prohibited from using electronic devices at any location where a New York State assessment is being administered. Test proctors, test monitors and school officials shall have the right to collect prohibited electronic devices prior to the start of the test and hold them while the test is being administered, including break periods. Admission to any assessment will be denied to any student who refuses to relinquish a prohibited device. Students with disabilities may use certain devices if the device is specified in the student’s IEP or 504 Plan or a student has provided medical documentation that they require the device during testing.
Adoption Date: Adopted 12-14-16
5710 VIOLENT OR 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 or disruptive incidents in the form prescribed by the Commissioner.
Each building principal shall be responsible for preparing on regular basis a report of all the violent or disruptive incidents that have occurred in the building and forwarding the report to the Superintendent of Schools. The Superintendent shall be responsible for compiling the reports received from the building principals into the annual report and submitting the report to the Commissioner. The report shall contain all the information required by law and shall be filed with the Commissioner on or before September 30 of each year.
Each building principal shall be responsible for assuring that copies of each report at the building level are retained for the period prescribed in the records retention schedule issued by the State Education Department and published as Appendix I to the Commissioner’s Regulations.
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.
Ref: 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 LGS-1)
Adoption date: 03/19/14, 11/04/20
5800 STUDENT AWARDS AND SCHOLARSHIPS
The Board of Education mandates that all students regardless of race, color, creed, sex and national origin, religion, age, economic status, marital status or disability shall be eligible for all awards and scholarships given or disseminated by the school district.
Eligible candidates for academic or other achievement awards will be selected on the basis of academic achievement, school citizenship and/or co-curricular performance, as applicable to the type of award being given. Recipients of academic awards shall be selected by the Building Principal from a list of eligible candidates prepared in consultation with appropriate school staff. The Principal in the school in which the award is presented will be responsible for ensuring that the criteria is maintained and fairly applied.
Scholarships to high school graduates will be awarded by the District on the basis of the student’s academic achievement, his/her potential for success at an institution of higher learning, financial need and the student’s inability to pursue higher education without the scholarship. The Board of Education shall select the recipient(s) of scholarship(s) awarded by the district from a list furnished by the High School Principal after consultation with appropriate school staff.
Presentation of trophies, prizes, scholarships, or other awards from non-school donors may be permitted when, in the judgment of the Principal, such presentations do not exploit the students for personal or corporate gain and when the criteria for making the award are in accord with the established criteria and procedures of the school for the presentation of awards.
Cross-ref: Gifts from the Public
Ref: Education Law §§404; 1709
Matter of Wilson, 59 NY2d 461
Adoption date: 03/19/14
5801 OPIOID OVERDOSE PREVENTION
The Board of Education recognizes that many factors, including the use and misuse of prescription painkillers, can lead to the dependence on and addiction to opiates, and that such dependence and addiction can lead to overdose and death among the general public, including district students and staff. The Board wishes to minimize these deaths by the use of opioid overdose prevention measures.
The Board directs that the district shall operate an Opioid Overdose Prevention Program registered with the New York State Department of Health. The High School nurse is designated as the Program Director. The Board permits the administration of naloxone (also known as Narcan, among other names) nasal spray, by volunteer trained responder staff, to any student or staff member showing opioid overdose symptoms, along with contacting emergency responders pursuant to the naloxone training. School nurses may become volunteer trained responders, but may only act as trained responders when not functioning as a nurse. The Board permits any staff member to volunteer to be trained in naloxone administration, via the district’s Opioid Overdose Prevention Program, by contacting the Program Director. Naloxone kits provided by the Program through the Department of Health shall be stored as indicated in the district’s policies and procedures for the Program. The district shall comply with all recordkeeping inventory, documentation, and notification requirements of state regulations. The Program Director shall maintain and distribute to the Building Principals and school nurses a list of all trained responders in the district and/or building, as appropriate.
The Board directs the school physician/medical director to issue a non-patient specific order to school nurses to administer intranasal or intramuscular naloxone (also known as Narcan, among other names). The non-patient specific order shall include a written protocol containing the elements required by the regulations of the Commissioner of Education. The Board permits school nurses to administer naloxone to any person at school or a school event displaying symptoms of an opioid overdose. The district shall purchase and provide the naloxone kits to be stored in the Health Office of each school facility. Naloxone shall be accessible during school hours and during on-site school-sponsored activities.
Ref: Education Law §§922 (volunteer naloxone responder); 6527 (emergency treatment of anaphylaxis and opioid overdose); 3023 (liability coverage); 6909 (administration of naloxone by nurses)
Public Health Law §3309 (volunteer naloxone responder)
8NYCRR §§64.7 (administration of naloxone); Part 136 (school health services program, including naloxone) and 10 NYCRR §80.138 (volunteer naloxone responder)
Guidance for Implementing Opioid Overdose Prevention Measures in Schools, New York State Education Department, 8/11/15,
Opioid Overdose Prevention: Guidelines for Policies and Procedures, New York State Department of Health, March 2014
Adoption date: 06/15/16, 01/24/18 (Rev.)